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Tim Pearce

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Former President Donald Trump’s legal team demanded that the Senate dismiss the single article of impeachment against Trump a day before his trial is set to begin.

David Schoen and Bruce Castor, who are representing the former president in the Senate trial set to begin on Tuesday, filed a 78-page brief further laying out Trump’s defense and pushing for the Senate to dismiss the trial as “unconstitutional.”

“The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal. Taken together, they demonstrate conclusively that indulging House Democrats’ hunger for this political theater is a danger to our Republic[an] democracy and the rights that we hold dear,” the lawyers wrote.

Their case for Trump’s defense hinges on seven points outlined in the conclusion of the document:

1. The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed the Senate under our Constitution.

2. The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed rendering the Article of Impeachment moot and a non-justiciable question.

3. Should the Senate act on the Article of Impeachment initiated in the House of Representatives, it will have passed a Bill of Attainder in violation of Article 1, Sec. 9. Cl. 3 of the United States Constitution.

4. The allegations in the Article of Impeachment are self-evidently wrong, as demonstrated by the evidence including the transcript of the President’s actual speech, and the allegations fail to meet the constitutional standard for any crime, let alone an impeachable offense.

5. The House of Representatives deprived the 45th President of due process of law in rushing to issue the Article of Impeachment and by ignoring its own procedures and precedents going back to the mid-19th century. The lack of due process included, but was not limited to, its failure to conduct any meaningful committee review or other investigation, engage in any full and fair consideration of evidence in support of the Article, as well as the failure to conduct any full and fair discussion by allowing the 45th President’s positions to be heard in the House Chamber. No exigent circumstances under the law were present excusing the House of Representatives’ rush to judgment, as evidenced by the fact that they then held the Article for another 12 days.

6. The Article of Impeachment violates the 45th President’s right to free speech and thought guaranteed under the First Amendment to the United States Constitution.

7. The Article is constitutionally flawed in that it charges multiple instances of allegedly impeachable conduct in a single article.

Forty-five Republicans have already signaled their opposition to the trial, which they see as unconstitutional because Trump is no longer president. Their opposition makes the chance of the Senate convicting Trump unlikely. House managers would have to convince a dozen of those Republicans, along with the five who do not believe the trial to be unconstitutional, to side with the Democrats in order to win a conviction.

Author: Tim Pearce

Source: Daily Wire: Trump Legal Team Demands Senate Dismiss Impeachment Article On Eve Of Trial

Former President Donald Trump left a parting gift before leaving Washington, D.C., that his successor is not happy about: dozens of allies appointed to a variety of government boards and commissions.

President Joe Biden is looking into how his administration may replace a number of Trump appointees to boards such as those overseeing the Kennedy Center for Performing Arts and the Air Force Academy, according to Politico. But the people Trump appointed, many at the last minute before his exit from the White House, may be entrenched until their terms are up years later.

As Politico reports:

Biden’s team is trying to determine whether they can do anything about the appointments, a person familiar with the situation said. “We are tracking closely and seeing what we can do,” the person said.

But those who have reviewed the law governing the boards say removing appointees can be difficult, especially if they come with political or business connections that could help the organizations. Most appointees do not need Senate confirmation and will remain until the end of their yearslong terms. Those who support Trump’s appointments say if Congress opposes the appointment process, lawmakers should change it.

Biden may be able to replace some of Trump’s allies on commissions such as the Pentagon Defense Business Board, which gives business advice to the secretary of defense, that do not have set term limits for their members. Other boards, such as the Library of Congress Trust Fund Board, which has a five-year term, may prove difficult if not impossible to remake before members’ terms are up.

While the board positions are usually not salaried, many offer perks to their members such as travel money or access to exclusive events.

Since his inauguration last week, Biden’s administration has devoted itself to erasing much of Trump’s legacy and changes to the federal government. Biden issued dozens of executive orders his first week in office, more than triple the number that former Presidents Trump, Barack Obama, and George W. Bush each passed in their first week in office combined.

A main focus of Biden’s early agenda has been cracking down on the fossil fuel industry by stifling production and revoking permits for development. On his first day in office, Biden signed an executive order directing the U.S. to rejoin the Paris Climate Accords, a largely symbolic gesture with no legal weight committing the U.S. to cutting emissions. His order came along with executive actions rescinding a permit for the Keystone XL pipeline, indefinitely suspending new oil and gas leases on federal land, and locking back up a massive oil reserve in Alaska’s Arctic National Wildlife Refuge.

Biden has also began rolling back Trump-era policies on immigration. As early as Friday, the president reportedly intends to increase the number of refugees allowed into the United States. Biden has already attempted to freeze deportations of immigrants living in the U.S. illegally.

Author: Tim Pearce

Source: Daily Wire: Trump Put Dozens Of Allies On Government Boards Before Leaving WH. Biden May Be Stuck With Them.

Sen. Lindsey Graham (R-SC) urged Senate Majority Leader Mitch McConnell (R-KY) to denounce the House’s second impeachment push against President Trump as “unconstitutional.”

Graham made his call to the GOP leader in an appearance on Fox News on Tuesday night. Graham said that McConnell needed to “stand up and fight back” against the Democrat-led push to oust Trump from office even as Trump is set to leave the White House on Wednesday as President-elect Joe Biden is sworn in as president.

“What we need right now is Sen. McConnell to unequivocally say the second impeachment of Donald Trump after he leaves office is not only unconstitutional, it is bad for the country,” Graham told Fox News host Sean Hannity. “Stand up and fight back.”

Graham, who currently chairs the Senate Judiciary Committee, emphasized that unless the GOP stands together against the impeachment push, the country and the Republican Party may fracture.

“Our country needs to heal,” he continued. “A second impeachment of Donald Trump after he leaves office won’t heal the country, it will further divide the country.”

“As to the Republican Party, if we throw in the towel, or are perceived to having thrown in the towel, and not fighting against this impeachment, the Republican Party, as Rand Paul said, will ‘crack up,’” Graham said.

The House voted to impeach Trump for a second time last week, passing an article that accused the president of inciting rioters who stormed the U.S. Capitol on Jan. 6. Trump will have left the White House before the Senate can hold trial over the impeachment article, leaving questions over whether the upper chamber can legally convict a president after he has already left office.

McConnell rebuked the president during a speech on the Senate floor on Tuesday, claiming that Trump and others “provoked” the crowd that later stormed the Capitol building through “lies” about the election.

“The last time the Senate convened, we had just reclaimed the Capitol from violent criminals who tried to stop congress from doing our duty. The mob was fed lies. They were provoked by the President and other powerful people,” McConnell said. “And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like.”

“But we pressed on. We stood together and said an angry mob would not get veto power over the rule of law in our nation, not even for one night. We certified the people’s choice for their 46th president,” he added.

Trump addressed supporters at a rally before the riot, insisting that the election was “stolen” and calling on Republican lawmakers to object to the certification of the presidential election for Biden. Trump urged his supporters to “peacefully” march to the Capitol and protest.

“We’re going to walk down to the Capitol — and we’re going to cheer on our brave senators and congressmen and women and we’re probably not going to be cheering so much for some of them,” Trump told the crowd. “Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated. Lawfully slated,” he continued.

“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard,” Trump said. “Today, we will see whether Republicans stand strong for integrity of our elections.”

Author: Tim Pearce

Source: Daily Wire: Graham Calls On McConnell To ‘Stand Up And Fight Back’ Against ‘Unconstitutional’ Impeachment

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