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Trump Gets Major Win In The Impeachment Battle

The Democrats plan to embarrass Trump is backfiring in their face.

“The Senate should dismiss these charges and acquit the President because this is clearly not what the Framers wanted or what the Constitution allows,” the memo from Trump’s lawyers — Bruce L. Castor Jr., David Schoen, and Michael T. van der Veen — states.

The Trump legal team released a 78-page memo on Monday detailing their case against the push by Democrats to impeach the former president even after leaving office.

“Conviction at an impeachment trial requires the possibility of a removal from office,” the lawyers wrote. “Without that possibility, there cannot be a trial.”

Trump’s lawyers argued that the Senate did not have the authority to hold a trial of a private citizen, citing Article 1 Section 9 of the Constitution prohibiting Congress from determining the guilt or punishment of a private citizen, or bill of attainder, a process reserved for the independent judicial branch.

“The Constitution only gives the Senate jurisdiction over the President, not the former President, of the United States,” the memo reads.

The former president’s lawyers also argue that Trump’s January 6th speech was constitutionally protected by the First Amendment.

“President Trump’s speech at the January 6, 2021 event fell well within the norms of political speech that is protected by the First Amendment, and to try him for that would be to do a grave injustice to the freedom of speech in this country,” the memo reads.

The Democrat article of impeachment, the legal team argues, are based on a false analysis of his speech delivered on January 6 in which he urged his followers to protest the 2020 election.

They argued that Trump only used the word “fight” a “little more than a handful of times and each time in the figurative sense” and finally called on his supporters to “peacefully and patriotically use their voices” to protest the election.

The memo also notes that Capitol Hill law enforcement had reports of a potential attack on the Capitol prior to and separate from the president’s speech.

“The real truth is that the people who criminally breached the Capitol did so of their own accord and for their own reasons, and they are being criminally prosecuted,” the memo reads.

The memo also argues Trump’s speech on January 6 did not inspire the riots because the rioting began before he was finished speaking.

“Protesters, activists, and rioters had already breached Capitol Grounds a mile away and 19 minutes prior to the end of President Trump’s speech,” they noted.

Sources: Breitbart: Donald Trump Legal Team: Impeachment Unconstitutional, Violates First Amendment

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Written by Joshua Jackson

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  1. President Trump did nothing wrong with his speech at the rally for all the freedom loving Americans on the day of Jan 6 th ..
    This is so wrong he’s a private citizen who is no longer president..what a bunch of trump hating people and Democrats who have known that the election was hijacked by ballot packing and using deed people voting and other sources by the Democrats and their supporters and the criminal
    Joe Biden is aware of the fact that is why they don’t want the election machines investigation to be done to prove it.. this is my opinion and I have spoken my piece.

  2. As noted some of these people that got into the Capital Building were not even Trump supporters. They just dress as such. President Trump made it very clear to be peaceful. Unlike the Democratic Party who has come out and STATED outright VIOLENCE against anyone who does not support there FAR LEFT DEMO-RATS AGENDA.

  3. Enough already.. Leave my president alone. These dirty wicked congressmen and women are out to destroy America and the best president she has ever known with exception of Ronald Reagan. God bless Trump and hopefully we can reelect him next time.. Hold on people and pray that God will somehow stop these wicked people that have became Congress men and women from destroying our way of life and we can reelect conservatives to bring this country back to reality. God bless Donald J. Trump and his family and those that love and stand by him. He is a true America that wants to save this country from this radical left and those that wants to change her to a Socialist country run by evils such as have taken over most of our government.. Wake up Americans! Wake up!! Look at what these evil people are trying to do. They are only interested in seeking more and more power over the people, . They are not helping us. The leaders are suppose to work for us, *We The People” not to gain power over us……. God Bless America and her true citizens…

  4. God please Bless America Again because we need you very Badly more that ever before . Take away the Evil ones and send them to the lake of Fire.

  5. This Country has more anti Americans in the U.S. Senate and Congress than ever before.How dumb are the voters to elect Muslims who hate our country and left wing liberals who hate us? We have a president in the pockets of the Communist china govt. and a VP, who told people to riot and then helped bail them out. I is time we stood up for our rights and let Washington know it.Americans don’t sit by and let them destroy our country.

  6. Trump is a liar and a despicable person. He not only neds to be disqualified from ever holding public office, but should be jailed for tax evasion and fraud!

  7. It is a sad day if the American People do not see that Nancy Pelosi and her Mob are just continuing to create divide by means she used since before President Trump was elected. The prosecutions’ video was doctored, the drama of the managers was scripted with hateful speech and untruths. I agree it was a horrible thing that happened on January 6 in our capital by a handful of agitators. The people, the Trump supporters as a whole strongly disapproved of the criminal acts of those that in part were acting on their own accord, not by MAGA supporters. It was a cumulative reaction of the people who listened for weeks of testimony in front of the Michigan, Georgia, Pennsylvania and Arizona legislators of the criminal and illegal activity at the polls, at the unsecured drop boxes and at the post offices, none of which was presented in a court of law, on grounds of no standing or time constraints. The questions still beg for answers when forensic IT experts testified with numbers to back their claims of votes being manipulated, that the ballot machines were in fact connected to the internet, poll workers came forward with observed ballot changing and submitted numerous times. These people testified under oath and sworn statements. These everyday folks were ignored, the public justifiably are questioning the validity of the election. That is no excuse for violence, the violence, rioting and looting that has taken place for months in cities like Seattle, Portland, Chicago, NY is outrageous and those on the left supported it and encouraged it. Where was congress’s outrage then? Why did they not call out Ms. Harris and the other “elected officials” for bailing these “criminal rioters out? Double Standard you think? The Democrats that are calling for unity are literally laughing at the people of this great country, as they are stripping us of everything from free speech to how we live our daily lives and provide for our families under the guise of for the better good. I am old enough to have seen the changes in our country, the slow deterioration of our moral and ethical standards for the so called progressive agenda. Wake up, in light of the unprecedented 2nd impeachment of our president, view it what it is, a continuation of the lefts hatred of not only the president but the hatred for the 78+ million people that voted for him. This is an atrocity, the left is blatantly fundamentally changing our country (sound familiar?) God Bless America

  8. I thing that the senate and the congress has a lot of the blame for the riot. They didn’t listen to the people and check out the thing that was wrong about the election. They just cover it up. This country is for the people not the Dems or the GOP.

  9. God is allowing all of them expose themselves. The fact they allowing illegal aliens into our country without testing them for covid proof this was all planned. It’s no wonder they figure we all be dead by now. We are stronger and they are liars no one trust them. They lack much knowledge of History (this is 3rd time we are here we won the last 2 times we will win again) Math is not their best subject either nor do they know how viruses work. President Trump scares them all this 2nd impeachment shows they are guilty of fraud. If Biden won fairly why all this nonsense? They don’t have nothing anymore they truly do not follow the constitution. They are the Domestic Terrorist! It ain’t going to go well for them anymore. God Bless America

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