Democrats are fighting a losing battle in their second impeachment trial against Donald Trump.
Around this time last year, they forced the Senate to hold a trial over their first impeachment. They did this, ignoring the spread of a certain virus around the world.
(I wonder what Congress is ignoring right now, to push this second impeachment?)
Donald Trump assembled a new legal team to handle this fight. And according to reports, he’s fighting for the same constitutional right enjoyed by every American.
From The Hill:
A lawyer representing former President Trump at his impeachment trial next week plans to argue that convicting Trump of inciting a riot would imperil all political speech…
…convicting Trump would set a precedent that could severely curtail political speech going forward.
“Besides the fact that this process is completely unconstitutional … this is a very, very dangerous road to take with respect to the First Amendment, putting at risk any passionate political speaker, which is against everything we believe in this country,” Schoen said.
Trump’s legal team will argue that impeaching him over a speech would create a very dangerous precedent regarding free speech.
They say attacking him because he is a “passionate political speaker” would put any politician at risk.
After all, most people who run for public office rely on their ability to win over voters. The best way they do that is with powerful, inspiring speeches (Joe Biden being a glaring exception).
What president would be immune from such attacks, if the Senate were to convict Trump over that?
Many experts have argued that you cannot legally prove “incitement.” Unlike actual crimes, Democrats are trying to reinterpret Trump’s words to mean actions.
Isn’t that what the First Amendment is supposed to protect us from? We are allowed to speak our minds without fear of retaliation.
Unless someone specifically directs a person or group to commit a specific crime, it is very difficult to prove (according to many) that they were “inciting” anything.
This is a very strong argument and strikes straight at the heart of our Constitution. Democrats will have a hard time explaining it away.
Despite that, though, they will most likely not relent. For years, the left has tried to undermine free speech with claims of “hate speech.”
They seem to think free speech shouldn’t exist, but they should be the ones to decide what is or isn’t proper speech.
Which is why this battle is so important.
- Trump’s legal team has revealed their defense in his impeachment trial.
- They argue that attacking him over an impassioned speech violates his First Amendment rights.
- They will say it sets a dangerous precedent that will affect all public officeholders.
Source: The Hill