President Trump’s defense

The “Trial Memorandum of Donald J. Trump, 45th President of the United State of America” in conclusion summarizes, “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 democracy and the rights that we hold dear.”

The full document is available online here: https://www.45office.com/images/uploads/Final_Trump_Trial_Memorandum.pdf and outlines significant points for consideration of all political perspectives to ponder for the future political stability of a nation bitterly caught in partisan divide. What if the tables were reversed and President Biden or some future president on trail?

The document includes:

STATEMENT OF FACTS RELEVANT TO THE ARTICLE OF IMPEACHMENT

A. The Single Article Of Impeachment Is Belied By An Analysis Of Mr. Trump’s Spoken Words To A Crowd Gathered At The Ellipse Four On January 6, 2021

B. Democrat Members Of The House Drafted The Article Of Impeachment Before Any Investigation Into The Riot Had Even Started

C. The House Managers’ “Statement Of Facts” Outlines A Narrative Irrelevant To The Facts Alleged In Support Of The Single Article Of Impeachment

  1. Law Enforcement Had Reports Of A Potential Attack On The Capitol Several Days Before President Trump’s Speech
  2. The House Managers False Narrative Rests Entirely On Biased And Mischaracterized Reports By The Media And Cherry-Picked, Non-Contextual Parsing Of Mr.  Trump’s January 6 Speech.
  3. The Founders Knowingly Did Not Extend The Power Of Impeachment To Former Officials
  4. Historical Precedents

B. Congress’ Power To Impose Penalties Upon Conviction Of Impeachment Is Limited to Removal, And (Not Or) Disqualification

C. The Article of Impeachment Violates Mr. Trump’sFirst Amendment Rights

  1. The Senate Cannot Disregard the First Amendment and the Supreme Court’s Long-Established Free Speech Jurisprudence
  2. Mr.  Trump  as  an  Elected  Official  Has  First  Amendment  Rights  to  Freely  Engage  in Political Speech
  3. Mr. Trump’s Speech Was Fully Protected by the First Amendment
  4. Lastly, Mr. Trump’s Figurative Use of the Words “Fight,” “Fighting,” Have Been Used By Many, None Are Impeachable

D. The House Afforded President Trump No Due Process of Law

E. The Article Is Structurally Deficient and Can Only Result in Acquittal

F. The Article Fails to State an Impeachable Offense as a Matter of Law

IV. Conclusion

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 democracy and the rights that we hold dear.

Reasons for dismissal include:

  1. The Senate of the United States lacks jurisdiction over the 45thPresident 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 45thPresident 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 45thPresident 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-19thcentury.  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 45thPresident’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 45thPresident’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. The Senate should dismiss these charges and acquit the President because this is clearly not what the Framers wanted or what the Constitution allows.

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