If You Thought the First Impeachment Was a Circus, Just Wait for Impeachment 2.0

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by Matt Margolis, PJ Media:

In a spectacle that is almost certainly not going to be the ratings grabber that Democrats might hope for, President Trump’s second impeachment trial is shaping up to be a dumpster fire. Without the daily outrage cycle fueled by whatever the former president was tweeting, America seems prepared to move past the rancor. Democrats seem determined to cling to it.

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However, even their impeachment manager can’t figure out what constitutional authority they are using to proceed. In an interview with CNN, the host asked Representative Diana DeGette (D-Colo.) how she would respond to critics saying it is unconstitutional to hold an impeachment trial for a former president. In response, she refers to a precedent she never cites and asserts that there must be accountability for bad acts in the last days of a presidency.

The House has impeached non-presidents, but they were all still in their role as public servants at the time. If the purpose of impeachment is to remove someone from the office they hold, the voters ousted President Trump, who left the White House peacefully on January 20th. The Senate has also not proceeded to trial in the one case where the impeached individual resigned. There is not a single case where the Senate has tried a private individual in the list of impeachments.

Someone may want to point out that the criminal justice system handles crimes and misdemeanors committed by private citizens. If an investigation found sufficient proof that President Trump had incited a riot, he could be charged and tried. Democrats know this would never happen because the incitement standard is exceptionally high, and some reported facts would stand in the way.

According to the New York Times timeline, the people who breached the barricades began pushing through them while the president was still speaking. Additionally, federal officials have said the level of coordination indicates that the actions were preplanned, not a protest that got out of control. The FBI and NYPD also warned Capitol Police of the possibility of violence before the protest, and the investigation regarding the lack of security is still underway. Washington D.C. Metro Police are leading the investigation and refused to release interviews with congressional security officials, citing privacy concerns.

President Trump also explicitly told the protestors to behave peacefully. As Senator Rand Paul noted in an opinion for the Hill:

But to argue that any politician that tells a crowd to “fight to take back your country” is somehow guilty of incitement is absurd.

If we are to blame politicians for the most violent acts of their craziest supporters, then many of my colleagues would face some pretty harsh charges themselves. I’ve been shot at, assaulted and harassed by supporters of the left, including some who directly said the words of politicians moved them to this violence.

He went on to apply the same standard to Senator Bernie Sanders regarding the shooter at the congressional baseball practice that Democrats are applying to President Trump. Paul also noted that Chief Justice John Roberts is required to preside over the impeachment of a president. He asserted Justice Roberts would decline to preside, which is apparently the case. Senator Patrick Leahy (D-Vt.), the Senate pro tempore, will be presiding.

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