It’ll be an interesting two weeks coming up. What with impeachment, inauguration, trial and such. I heard Dershowitz on the radio this morning citing two main reasons why impeachment is not advisable for the Democrats, and his thoughts on why they would not succeed. I admire a lot of his analysis of such things Constitutionally.
First, he believes that to try to impeach Trump via inciting the events would be a very big mistake, since the definitions of advocacy and incitement are legally known and recognized. His position is that the President was merely exercising his right to free speech by advocating as he did. He made no specific calls for specific actions. To impeach on this basis would forever damage the rights of all citizens to free speech.
Second, he also believes that, as written, which is what counts, the Constitution specifies that impeachment is a process to remove a President from office, which would not be possible prior to inauguration.
I agree with this position. Some posit that a President could be impeached, tried, and found guilty after leaving office, but this has never been attempted. Dershowitz believes that once a President has left office, he/she obviously cannot be removed from office, and therefore, impeachment and conviction cannot happen then.
We’ll see.
Remember that we are in a post constitutional era and laws and rules we had before no longer apply. Things are happening much more quickly than most of us could have anticipated. We are witnessing the rise of the U.S.S.A. Look to the past to what the future holds for us if we CONTINUE TO SIT BACK AND DO NOTHING!!!
REF MC’s comment – not long as the Demorats are longing for the first female, non-white President.
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January 12th, 2021 - 9:37 am
It’ll be an interesting two weeks coming up. What with impeachment, inauguration, trial and such. I heard Dershowitz on the radio this morning citing two main reasons why impeachment is not advisable for the Democrats, and his thoughts on why they would not succeed. I admire a lot of his analysis of such things Constitutionally.
First, he believes that to try to impeach Trump via inciting the events would be a very big mistake, since the definitions of advocacy and incitement are legally known and recognized. His position is that the President was merely exercising his right to free speech by advocating as he did. He made no specific calls for specific actions. To impeach on this basis would forever damage the rights of all citizens to free speech.
Second, he also believes that, as written, which is what counts, the Constitution specifies that impeachment is a process to remove a President from office, which would not be possible prior to inauguration.
I agree with this position. Some posit that a President could be impeached, tried, and found guilty after leaving office, but this has never been attempted. Dershowitz believes that once a President has left office, he/she obviously cannot be removed from office, and therefore, impeachment and conviction cannot happen then.
We’ll see.
January 12th, 2021 - 10:12 am
Remember that we are in a post constitutional era and laws and rules we had before no longer apply. Things are happening much more quickly than most of us could have anticipated. We are witnessing the rise of the U.S.S.A. Look to the past to what the future holds for us if we CONTINUE TO SIT BACK AND DO NOTHING!!!
January 12th, 2021 - 10:21 am
More interesting when you consider Blinky being brain-dead and then think of impeaching him posthumously
January 12th, 2021 - 10:51 am
How long to you think they will keep Blinky around before they invoke the 25th?
January 12th, 2021 - 4:59 pm
REF MC’s comment – not long as the Demorats are longing for the first female, non-white President.