Chuck Schumer and Mitch McConnell struck a deal on when Donald Trump’s impeachment trial will start.
But then all hell broke loose.
And that’s because Chuck Schumer humiliated himself with this one word about impeachment.
Democrats and some Never Trump traitors in the GOP want to impeach and convict Donald Trump so the Senate can then bar him from ever running for office again.
In a Senate floor speech Chuck Schumer was so excited about this possibility that Schumer’s mind drifted into the gutter and claimed Trump “incited the erection” before correcting himself.
“It will be a fair trial. But make no mistake, there will be a trial and when that trial ends, senators will have to decide if they believe Donald John — Donald John Trump incited the erection — insurrection against the United States,” Schumer said.
This gaffe instantly went viral as Schumer made a complete and total fool of himself.
Trump supporters also noted that Schumer making a mockery of the proceedings was appropriate because the circumstances and facts of the case render this impeachment a farce.
For instance, in President Trump’s speech to a rally before the riot the President explicitly called for a peaceful protest at the Capitol.
“I know everyone here will soon be marching over to the Capitol Building. To peacefully, patriotically make your voices heard,” Donald Trump declared at a January 6 “March to Save America” event.
Much like the Ukraine sham impeachment, the President’s own words proved the Democrats were fabricating charges and pursuing a partisan vendetta.
But beyond Donald Trump’s own words, the plain text of the Constitution makes it clear that the Senate cannot hold an impeachment trial for a President once they are out of office.
Article 2, Section 4 of the Constitution reads “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
Donald Trump is not “the President”.
Only the sitting President can be “the President”.
The Senate pursuing an impeachment trial against Donald Trump now that he is out of office violates the text of the Constitution.
Second – and most important – when in doubt go and look at how the Founders handled the situation.
In 1797 Tennessee Senator William Blount admitted his part in a conspiracy to collude with Great Britain to seize control of Spanish held territories of Florida and Louisiana.
The Senate voted to expel Blount, but in January 1798 the House passed five articles of impeachment against Blount.
Before the Senate trial commenced Blount’s lawyers argued that since he was no longer a civil officer and since the Senate expelled him the Senate did not have jurisdiction to hold an impeachment trial.
This Congress – where some of the Founders that signed the Constitution still served, agreed and passed a resolution by a 14 to 11 vote stating that Senators accepted Blount’s lawyers argument that they did not have jurisdiction and the impeachment was dismissed.
The court is of opinion that the matter alleged in the plea of the defendant is sufficient in law to show that this court ought not to hold jurisdiction of the said impeachment, and that the said impeachment is dismissed.
If the Senate moves forward with an impeachment trial it violates both the Constitution and the historical precedent which would turn into an even bigger debacle for Schumer.
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