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How A Snap Impeachment Of Trump Could Shatter Our Constitutional Balance (1/12 2:52 PST) (1 Viewer)

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Direct Headline: How A Snap Impeachment Could Shatter Our Constitutional Balance

Jonathan Turley  January 11, 2021

https://jonathanturley.org/2021/01/11/how-a-snap-impeachment-can-shatter-our-constitutional-balance/

VIDEO: WATCH: ‘You can’t impeach a president like this,’ Turley testifies | Trump impeachment hearing

19,156 views •Dec 4, 2019 PBS NewsHour

Jonathan Turley, a George Washington University law professor, urged House lawmakers to look to history before they try to impeach President Donald Trump. Testifying before a House Judiciary Committee hearing on Dec. 4, Turley cited the attempted impeachment of President Andrew Johnson. “I believe that this is much like the Johnson impeachment. It’s manufactured until you build a record. I’m not saying you can’t build a record, but you can’t build it like this, and you can’t impeach a president like this,” Turley said.

https://www.youtube.com/watch?v=MeeZxiPWl8c

 
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( As Per 1/4/21 12:33 PST,  https://forums.footballguys.com/forum/topic/790107-healing-and-moving-forward-thoughts/page/28/?tab=comments#comment-23172408)

"..... I condemned that (Trump) speech ....it was reckless and wrong..... and I opposed the (Trump) challenges to electoral votes...but Trump’s speech does not meet the definition of incitement by law..... it is considered protected speech.... by the Supreme Court....."

".....concern is that this impeachment will not only create precedent for ... expedited .... “snap impeachments” ....and allow future Congresses to impeach Presidents .... for behavior...and actions of their supporters....."

"..... In seeking his impeachment..... for “incitement,”..... Democrats would destroy not just the impeachment standard.... but also all free speech..."

"....even with widespread and justified condemnation of his speech.... Trump never specifically called for violent riots.... instead he encouraged his supporters to march on the Capitol to express opposition (certification of electoral votes ) ..... Trump specifically told the crowd... 'to peacefully .... and patriotically .... make all your voices heard today......'”

".....the  majority in the tens of thousands of protesters present..... did not behave violently before the march.... and nearly all did not riot inside the Capitol building....."

".... Democrats are now demanding something more extreme as the justification for impeachment. ( RE: 1918 Eugene Debs prosecution for WWI draft sedition charge)....  Under Democrats current theory and attempt.... any sitting president could be removed for rhetoric..... perceived to have the “natural tendency” to spur and encourage others to act/behave in a riotous fashion..... Even a plea for supporters to protest peacefully.... would never be a defense....."

".....(What Democrats are doing currently with impeachment) ...is the very danger that the Framers sought to avoid .... the process meant to require deliberative.... and not impulsive... judgments....a “snap impeachment” is an open contradiction in constitutional terms...."

"....(Catholic League President Bill Donohue) .... if 'inflammatory rhetoric' is the base standard for prosecution.... 'then Trump's Democratic political critics are.... ethically compromised.'....."

".... (Barack Obama 2008)..... ' whether they are politically independent... or Republican.... I want all of you to argue with them... and get right in their face.'....."

".....( Former Obama Attorney General Eric Holder,  2018).... 'When they (Republicans) approach low...we kick 'em..... This is what this new Democratic Party is going to be about'....."

"......(Rep. Maxine Waters 2018) ....'If you see anybody from that [Trump] administration in a restaurant, shopping in a department store, at a gasoline station getting gas..... you get out there and create a big crowd.....And you push back on every last one of them.... And you tell them immediately that they're not welcome here or there anymore, anywhere'......"

".......(Rep. Cory Booker 2019) .....'Please, all of you....get up in the face ..... of some Congress people (Republicans)'......"

".....(House Speaker Nancy Pelosi on BLM/Antifa rioting)....'People are going to do what they are going to do.'......"

".....(Rep Ayanna Pressley)......'there needs to be unrest in the streets'......."

"......(Vice President Elect Kamala Harris) .....'BLM protesters are never going to stop before Election Day... and not stop after Election Day....they're never going to let up..... and they should not..... And we all should not'......"

"....... these comments from Democratic politicians..... while incendiary .... are still not direct calls for violence..... but, in the same way, it is also true..... that nothing Donald Trump spoke about.....was a direct call for violence either.'......."

"......'Left-wing politicians and activists.....have no moral authority to lecture to the rest of Americans..... about the violence committed by right-wing protesters....they (Democrats) should condemn violent protesters regardless of their cause...... but they do not.'......"

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CONTEXTUAL VIDEO MATERIAL:

VIDEO: NO CRIMES HERE: Law Professor Outlines Reasons For NO IMPEACHMENT For President Trump

607,973 views •Dec 4, 2019

House Republicans delivered a point-by-point rebuttal Monday to Democrats’ impeachment efforts, claiming in their own report that the evidence collected in the inquiry to date does not support the accusations leveled against President Trump -- or rise to the level of removal from office.

https://www.youtube.com/watch?v=SNpVc7J8kC8

VIDEO: WATCH: Republican counsel’s full questioning of legal experts | Trump impeachment hearings

195,365 views •Dec 4, 2019 PBS NewsHour

During his questioning of legal experts, Republican counsel Paul Taylor evoked Alexander Hamilton’s concerns over impeachments, favoring the interests of one political party over the other. Taylor asked Jonathan Turley, a George Washington University law professor, whether Hamilton predicted a “real danger here of hyperpartisan impeachments.” Turley said yes, adding that it was notable that there wasn’t a “slew of impeachments” during the framers’ time. “And I think that’s a lesson that can be taken from that period, that the framers created a standard that would not be endlessly fluid and flexible,” Turley said. “And that standard has kept us from impeachments despite periods in which we have really despised each other.”

https://www.youtube.com/watch?v=5pj1k3CTpss

 
** Law professor Jonathan Turley who has testified before Congress on the previous Trump impeachment hearings, does not agree with what Trump said ethically before the Capitol riots/protests, he does not support challenging the electors as Trump promoted and does not actually find the Brandenburg test to be effective, yet despite all this, he warns that there is a real slippery slope to punish politicians for actions taken by their supporters and the larger overall question of how this impacts free speech. The other issue is that if you can charge crimes against Donald Trump for his statements, then you open the question of every single Democratic politician who were championing public rhetoric that could be seen as inciting/promoting/supporting rioters and looters during the major unrest all year long prior to Election Day.

I don't support what happened in the Capitol in terms of violence and destruction. I don't hold Trump responsible for the actions of the rioters but I recognize his speech was inflammable in nature and he is not a neutral actor in this tragedy. He played a big part in this mess. That being said, I also don't support the clear hypocrisy that says the DNC can claim moral superiority for their own inflammable language and stood by while innocent American citizens watched their small businesses looted and burned out and their cities and communities destroyed by rioting all in the name of weaponizing a political talking point and ensuring that the radical left and black vote wouldn't leave in disgust.

The deeper question is not just about one man and one administration. It's about precedent for the future. If the cost of burning Donald Trump at the stake means first using our very Constitution as tinder in the effort, then that price is too high. Those of you political tribalists who want desperately to see Trump on his knees begging, and retribution to come in Biblical proportions, have you stopped to ask if the eventual fallout of all of this is the kind of world you want to leave behind for your children.

The kind of world we leave behind for our children and their children, by our choices and words and actions, are open declarations of how much we love them or, more tragically, don't love them.

This is not just about Donald Trump. And if you look at your kids long enough, some of you will finally realize it's not about Donald Trump at all.**

 
One party is peddling conspiracies and disinformation to a point where supporters invaded the Capitol and waved the confederate flag, with some seemingly willing to go even further than that. They should be silenced. They should be held responsible. I don’t care what a bunch of sycophants who have done nothing but write op eds supporting Trumps treasonous actions for the last four years have to say about it. I want my kids to grow up in a country that can be honest and repentant about it’s history, because that’s truly the only way to peace and unity. I want a country where the leaders lead, rather than lie constantly. If impeachment brings violence, it isn’t the democrats fault for impeaching. It’s on Republican leaders for their irresponsible peddling of conspiracies about a stolen election. 

 
Direct Headline: 'Any president' could be impeached under Dem precedent, Turley warns

Damage from riot 'will pale in comparison to the damage from a 'snap impeachment''

By Bob Unruh  January 11, 2021 at 11:11am

https://www.wnd.com/2021/01/president-impeached-dem-precedent-turley-warns/

Brandenburg v. Ohio, 395 U.S. 444 (1969)

https://supreme.justia.com/cases/federal/us/395/444/#tab-opinion-1948083
The first quote pretty much nails it and why it’s been cheapened to the point no one really cares except the angry Left. 

 
The first quote pretty much nails it and why it’s been cheapened to the point no one really cares except the angry Left. 
Just want to make sure I understand your position.  You think the riot was bad and rioters should be punished but just don’t think Trump can be held responsible?  If so, I get that argument - I don’t agree with it but I get it.

 
The first quote pretty much nails it and why it’s been cheapened to the point no one really cares except the angry Left. 
57% of Americans are demanding impeachment. That’s a little bigger than the “angry left”. By definition, that number includes centrists, independents, and conservatives. 

 
Direct Headline: 'Any president' could be impeached under Dem precedent, Turley warns

Damage from riot 'will pale in comparison to the damage from a 'snap impeachment''

By Bob Unruh  January 11, 2021 at 11:11am

https://www.wnd.com/2021/01/president-impeached-dem-precedent-turley-warns/

Brandenburg v. Ohio, 395 U.S. 444 (1969)

https://supreme.justia.com/cases/federal/us/395/444/#tab-opinion-1948083
And any president (including a Democrat) who engaged in similar behavior of inciting a mob which stormed and occupied the Capitol Building would also be impeached. 

 
57% of Americans are demanding impeachment. That’s a little bigger than the “angry left”. By definition, that number includes centrists, independents, and conservatives. 
Censure Trump for the next week so he can`t do anything or make any decisions and be done with him.   If Trump had a year or even 6 months left impeach..to do it now it a waste of time and money.

 
57% of Americans are demanding impeachment. That’s a little bigger than the “angry left”. By definition, that number includes centrists, independents, and conservatives. 
Or just 57% of the people that participate in the polls you rely on, one or the other. 
 

If you are going to speak for all Americans maybe make sure everyone was polled.  :lmao:
 

He’ll be gone in a week, more political theater from the Left. 

 
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One party is peddling conspiracies and disinformation to a point where supporters invaded the Capitol and waved the confederate flag, with some seemingly willing to go even further than that. They should be silenced. They should be held responsible. I don’t care what a bunch of sycophants who have done nothing but write op eds supporting Trumps treasonous actions for the last four years have to say about it. I want my kids to grow up in a country that can be honest and repentant about it’s history, because that’s truly the only way to peace and unity. I want a country where the leaders lead, rather than lie constantly. If impeachment brings violence, it isn’t the democrats fault for impeaching. It’s on Republican leaders for their irresponsible peddling of conspiracies about a stolen election. 
Id only ask that we stop the division and get rid of the labels.  Maybe say instead "If impeachment brings violence, it isn’t the elected officials fault for impeaching. It’s on the elected officials for their irresponsible peddling of conspiracies about a stolen election. "

 
The first quote pretty much nails it and why it’s been cheapened to the point no one really cares except the angry Left. 
Just want to make sure I understand your position.  You think the riot was bad and rioters should be punished but just don’t think Trump can be held responsible?  If so, I get that argument - I don’t agree with it but I get it.
This is why its important to put it on a vote.  I would be willing to bet many R's vote for impeachment

 
Or just 57% of the people that participate in the polls you rely on, one or the other. 
 

If you are going to speak for all Americans maybe make sure everyone was polled.  :lmao:
 

He’ll be gone in a week, more political theater from the Left. 
So now you don’t trust polls. Go figure, what a surprise. 

 
This is why its important to put it on a vote.  I would be willing to bet many R's vote for impeachment
Or at least know who supports removal of a President for inciting a riot and siege of the Capitol and who thinks this doesn't warrant removal from office.

 
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Id only ask that we stop the division and get rid of the labels.  Maybe say instead "If impeachment brings violence, it isn’t the elected officials fault for impeaching. It’s on the elected officials for their irresponsible peddling of conspiracies about a stolen election. "
I think that’s a wise criticism. I have a hard time not pointing fingers here though. Democrats  entertained the idea of election interference while saying “let it play out in court.” Republican efforts were thrown out again and again. They kept saying it was stolen and that we needed to allow the trump administration their legal challenges, and they lacked standing again and again. Republicans pushed a protest of the certification, and protesters allowed to assemble under the lies peddled by the Republican Party and their surrogates like lin wood, Sydney Powell, Rudy Giuliani, Roger stone, etc. These protestors were lied to by the president, encouraged to March to the Capitol by the president, and shortly after that speech the Capitol was breached.

It’s too late for “can’t we all just get along.” If impeachment fans the flames, then so be it. These people who decide that they need to show up armed to the capitol will be the ones responsible, and those that encouraged them to be there should be held responsible as well.

 
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Id only ask that we stop the division and get rid of the labels.  Maybe say instead "If impeachment brings violence, it isn’t the elected officials fault for impeaching. It’s on the elected officials for their irresponsible peddling of conspiracies about a stolen election. "
I think that’s a wise criticism. I have a hard time not pointing fingers here though. Democrats  entertained the idea of election interference while saying “let it play out in court.” Republican efforts were thrown out again and again. They kept saying it was stolen and that we needed to allow the trump administration their legal challenges, and they lacked standing again and again. Republicans pushed a protest of the certification, and protesters allowed to assemble under the lies peddled by the Republican Party and their surrogates like lin wood, Sydney Powell, Rudy Giuliani, Roger stone, etc. These protestors were lied to by the president, encouraged to March to the Capitol by the president, and shortly after that speech the Capitol was breached.

It’s too late for “can’t we all just get along.” If impeachment fans the flames, then so be it. These people who decide that they need to show up armed to the capitol will be the ones responsible, and those that encouraged them to be there should be held responsible as well.
I don't disagree with you, but that is the past.  I believe that getting past labels is what will bring us forward together.

 
Or at least know who supports removal of a President for inciting a riot and siege of the Capitol and who thinks this doesn't warrant removal from office.
This is where I am, if Congresspeople want to support what happened, Americans should know who they are.  This BS over "unity" is just so they don't have to take that vote because they were sure eager to throw out electors a week ago.    

 
Anyhow the title of this thread (and Turley, and whoever else makes this argument) is so silly. Oh no, impeachment could upset the “constitutional balance”, whatever the heck that means! How about storming the Capitol and murdering cops? Did that upset the balance? Inciting a riot? Did that upset the balance? 
 

 
This is where I am, if Congresspeople want to support what happened, Americans should know who they are.  This BS over "unity" is just so they don't have to take that vote because they were sure eager to throw out electors a week ago.    
It’s not just where you are, it’s where most of the country is. The “unity” position is for impeachment. 

 
Or just 57% of the people that participate in the polls you rely on, one or the other. 
 

If you are going to speak for all Americans maybe make sure everyone was polled.  :lmao:
 

He’ll be gone in a week, more political theater from the Left. 
Do you consider Trump's 1/6 "Save America" speech as political theater?

 
Politicians and Pundents are allowed, even expected to become conflated by passions of the moments.  So too the electorate. 
This is why we are a nation of laws, not passions, so that we may caution ourselves against passion and can operate from an agreed upon set of definitions and procedures. For those who would take a moment, who would inform themselves, who would realize that they are using legal terms of art in an ordianry parlance and so inaccurately, sometimes far from the legal meaning, I recomend looking up 18 U.S. Code, Sections 2102 and 2383.

 
Anyhow the title of this thread (and Turley, and whoever else makes this argument) is so silly. Oh no, impeachment could upset the “constitutional balance”, whatever the heck that means! How about storming the Capitol and murdering cops? Did that upset the balance? Inciting a riot? Did that upset the balance? 
 
Huh.

It’s almost as if you believe sedition, treason, and attempting to overturn an election rises to the level of impeachment.

 
Not sure why this bothers Republicans so much. If the shoe were on the foot of Democrats, you would want the same thing. As would I and other non-republicans. 

 
Not sure why this bothers Republicans so much. If the shoe were on the foot of Democrats, you would want the same thing. As would I and other non-republicans. 
How about we compare it to the previous R run impeachment.  Are they comparable?

 
Do you think Trump will have to be forcibly removed from the White House next week because he refuses to give up his Presidency?
 Not sure how we can rule anything out. If we would have said a week ago that he would fire up thousands of his devotees and them to March on the capital while Congress was counting the EC votes and 5 people died and he delayed sending in the National Guard to protect and clear the capital you would have reported us for being insane and inflammatory. I’m not sure there’s much of anything that can be ruled out at this point. I don’t believe  for a second that he has accepted the loss and plans to go quietly. How exactly he operates to fight the election result and Biden Presidency, I’m not sure yet but he will. He has no remorse for anything he’s done. Nor does his army of followers who have put him ahead of all else.

 
Do you think Trump will have to be forcibly removed from the White House next week because he refuses to give up his Presidency?
No. But he will continue to lie just like he lied about Obama’s birth certificate and the 30k he’s told since. He will use these last days in power to attempt to screw everyone over because they voted him out or are insufficiently loyal to the cause. He will stoke these supporters and sit back and see what happens. I don’t expect him to go to Alamo to concede. But no. If you want a prediction, I think there’s one real option for him. He may face civil liability if he accepts a pardon, so he won’t do that. He could try some bs like Flynn has been pushing, but that seems like a step more than I think anyone is willing to take with him (or than he’s willing to take) Facing legal liability once he loses executive privileges, he will leave the country before those privileges run out. If he doesn’t, then I won’t be surprised if someone is waiting for him with handcuffs.

 
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No. But he will continue to lie just like he lied about Obama’s birth certificate and the 30k he’s told since. He will use these last days in power to attempt to screw everyone over because they voted him out or are insufficiently loyal to the cause. He will stoke these supporters and sit back and see what happens. I don’t expect him to go to Alamo to concede. But no. If you want a prediction, I think there’s one real option for him. He may face civil liability if he accepts a pardon, so he won’t do that. He could try some bs like Flynn has been pushing, but that seems like a step more than I think anyone is willing to take with him (or than he’s willing to take) Facing legal liability once he loses executive privileges, he will leave the country before those privileges run out. If he doesn’t, then I won’t be surprised if someone is waiting for him with handcuffs.
I think he will leave peacefully as well.  So all this talk about concession is just whining because he won't do it the normal way.  He's not going to change who he is in a week.  The best thing for the country is to let him move out in a week and hope he goes back to reality TV or something like that.  Move forward with all the policy stuff the Dems have whined about for four years since they have total control now.  Fix covid.  Stop school shootings.  Give everyone free healthcare.  Stop letting Trump live rent free in your heads.

 
I think he will leave peacefully as well.  So all this talk about concession is just whining because he won't do it the normal way.  He's not going to change who he is in a week.  The best thing for the country is to let him move out in a week and hope he goes back to reality TV or something like that.  Move forward with all the policy stuff the Dems have whined about for four years since they have total control now.  Fix covid.  Stop school shootings.  Give everyone free healthcare.  Stop letting Trump live rent free in your heads.
Im feeling a lot of anger in your words.  May I ask why you dislike the Dems so much?

 
I think he will leave peacefully as well.  So all this talk about concession is just whining because he won't do it the normal way.  He's not going to change who he is in a week.  The best thing for the country is to let him move out in a week and hope he goes back to reality TV or something like that.  Move forward with all the policy stuff the Dems have whined about for four years since they have total control now.  Fix covid.  Stop school shootings.  Give everyone free healthcare.  Stop letting Trump live rent free in your heads.
I don’t necessarily think he deserves the benefit of the doubt. He could do something like try to strike Iran (not nuke, just strike) just so the incoming administration has to deal with it.

Outgoing presidents always make a series of executive orders, sometimes just to make an incoming president have to rescind it (when it may even be policy they campaigned for). Trump is a vindictive narcissist, and I’m concerned what he could be capable of with a week to go. 
FTR, I don’t think he will launch nukes or anything like that. But he’s still president, and I’m not sure there’s a legal check on his power to command the military. If he orders 30 cruise missles launched on Iran I would predict some general in charge would refuse to carry out the order, and be court martialed after the fact, but that’s a lot of “what iffing”

Impeachment in a week is unlikely, but it exerts some pressure on pence. In the “game” of politics, it’s the only card they have, you can’t just fold and say “you’re safe for the rest of the term.” I don’t like political games, but it’s the nature of the beast I guess. 

Also, I’ll just say this one last time, if he somehow tries to take the teeth out of the magnisky act in any way via EO, I’ll be convinced he was in cahoots with Putin. The quid pro quo of the trump tower meeting. 

 
Im feeling a lot of anger in your words.  May I ask why you dislike the Dems so much?
Anger?  I'm serious the Dems have whined for years about policy.  They are about to control everything.  They better get it all done or the criticism here should be relentless.  Remember the Parkland school shooting?  People here wanted instant gun control policy and said that shooting and future shootings were on the hands of those in charge.  Stop worrying about Trump and make a positive change if that's what they really believe.

We don't need to rehash healthcare.  Fix it.  It's more important than Trump.

And of course Covid.  Nothing but complaint after complaint after complaint about Trump's handling of it.  Starting fixing it the day Biden moves in.  Make a positive change and stop worrying about Trump. 

No anger here.  Just baffled at how obsessed some of you are with Trump.  Your side has the ability to enact policies they've whined about for years.  Do it and see if it works

 
Anger?  I'm serious the Dems have whined for years about policy.  They are about to control everything.  They better get it all done or the criticism here should be relentless.  Remember the Parkland school shooting?  People here wanted instant gun control policy and said that shooting and future shootings were on the hands of those in charge.  Stop worrying about Trump and make a positive change if that's what they really believe.

We don't need to rehash healthcare.  Fix it.  It's more important than Trump.

And of course Covid.  Nothing but complaint after complaint after complaint about Trump's handling of it.  Starting fixing it the day Biden moves in.  Make a positive change and stop worrying about Trump. 

No anger here.  Just baffled at how obsessed some of you are with Trump.  Your side has the ability to enact policies they've whined about for years.  Do it and see if it works
I agree we need to fix it.  I agree to the “put up or shut up” for the next 24 months.  I will lineup and point out any and all missteps from the Dems.

I feel it’s somewhat disingenuous to blame the Democrats for the last so many years with policy though. Point being MitchM has been blocking any and all changes. Wouldn’t you agree?

 
Anger?  I'm serious the Dems have whined for years about policy.  They are about to control everything.  They better get it all done or the criticism here should be relentless.  Remember the Parkland school shooting?  People here wanted instant gun control policy and said that shooting and future shootings were on the hands of those in charge.  Stop worrying about Trump and make a positive change if that's what they really believe.

We don't need to rehash healthcare.  Fix it.  It's more important than Trump.

And of course Covid.  Nothing but complaint after complaint after complaint about Trump's handling of it.  Starting fixing it the day Biden moves in.  Make a positive change and stop worrying about Trump. 

No anger here.  Just baffled at how obsessed some of you are with Trump.  Your side has the ability to enact policies they've whined about for years.  Do it and see if it works
Vaccination program day 1 priority this should be non partisan. Every effort, resource needed here. 

Expanded Stimulus discussion begin day 1. This will be highly partisan even though it shouldn’t be.

Trump needs to be held accountable for what he did leading up to Wednesday as well. Obviously highly partisan even though it shouldn’t be. How much effort put to this for the political return is an interesting topic but this has to happen. 

 

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