January 28, 2020

After Saturday morning’s take-down of House managers by the Trump attorneys, I was expecting great things from them on Monday --- and was not disappointed. They triumphed. Among the highlights:

Our friend Pam Bondi, former attorney general of Florida, offered ample justification for the Trump administration to want Ukraine to include the Bidens in their investigation of high-level government corruption, and for Trump to raise this issue with Zelensky (even though it was Zelensky who brought it up during the call). She showed that the Bidens’ massive profiteering looked so bad, even the major (i.e., Democrat) media had done big news stories on it. Her produced video retrospective included numerous examples of these. She noted that even the Obama State Department had had concerns.

It seemed obvious after watching Bondi’s 30-minute presentation that President Trump would have been remiss if he HADN’T expected Ukraine to take a look, whether Joe Biden might ultimately be the Democrat candidate for President or not.

In fact, after hearing what she had to say and seeing the evidence of personal monetary gain by the Bidens, I don’t know why Hunter Biden is even useful as a witness in this forum. (Are you listening, Mr. Romney?) We have what we need. As I’ve said, Hunter would likely just take the Fifth; what good would that be, especially if it opened the door to a parade of witnesses put on by House managers just to stall the inevitable? If the Democrats offer such a deal --- “we get Bolton, you get Biden” –- Trump’s attorneys should turn it down.

The uproar over one passage in Bolton’s book manuscript concerning funds for Ukraine being contingent upon investigating the Bidens is based, at least so far, on very little. It turns out that no one who has “revealed” anything about the manuscript has even seen it. That’s right, even THE NEW YORK TIMES didn’t actually see it and doesn’t know exactly how it was worded. A “source” told them about it. In other words, this is just more hearsay. As the WALL STREET JOURNAL points out, Bolton doesn’t have to testify to clarify this, but simply make a public statement or write an op-ed for, say, the WALL STREET JOURNAL.

Anyway, Bondi did a stellar job of exposing the seriousness of the Biden issue. “All we are saying is that there was a basis to talk about this, to raise this issue, and that is enough,” she concluded.

Harvard legal professor emeritus Alan Dershowitz turned exceedingly professorial, presenting a primer on what the founders meant by “high crimes and misdemeanors” and their rationale for that (as if House managers care). He explained that if Congress starts finding reasons to impeach Presidents they don’t like, we’ll have, in effect, a parliamentary system, not the balance of powers we have (as if House managers care). He quoted widely, including from Alexander Hamilton, who warned in Federalist #65 that “the greatest danger is that the decision will be regulated more by the comparative strength of parties than by the real demonstrations of innocence or guilt.” No kidding.

Dershowitz furiously called out Democrats, notably Maxine Waters for saying, “Impeachment is whatever Congress says it is. There is no law.” (Yes, she actually said that.) He offered this gem: “For Congress to ignore the specific words of the Constitution itself and substitute its own judgments would be for Congress to do what it is accusing the President of doing.” Amen.

He explained how difficult it is to separate a leader’s political gain with what’s good for the country. Obviously, what’s good for the country will seem self-serving, he said, as it’s bound to benefit the leader politically. He ripped into the managers for trying to look into “the real reason” Trump has done something, the reason “actually in his mind.” It was a stellar moment: “Would you want YOUR actions to be probed for what was ‘the REAL REASON’ why you acted?” The framers couldn’t have intended this ‘psychoanalytic’ approach to presidential motives to determine what is impeachable and what is not, he said.

Dershowitz also brought up the “shoe on the other foot” test for objectivity, which, coincidentally, my staff and I always like to use, to make sure we apply equal standards to everyone. And regarding that, he definitely practices what he preaches. He took great pains to clarify: he votes Democrat, he voted for Hillary, and he disagrees with Trump on many issues. STILL, what Trump has been accused of does not rise to the level of impeachment, he said, not anywhere near. That holds true even on the off-off-chance that there’s anything to the latest NYT story. “Even if a President, any President, were to demand a quid pro quo as a condition to sending aid to a foreign country --- obviously a highly disputed matter, in this case --- that would not in itself constitute an abuse of power,” he said.

For that, he used the “shoe on the other foot” test: Suppose a Democrat President tells Netanyahu that foreign aid authorized by Congress won’t be sent, or an Oval Office meeting scheduled, unless the Israelis stop building settlements. An obvious quid pro quo. “I might disapprove on policy grounds,” he said, “but it would not constitute an abuse of power.” This is how Presidents have always used their power.

Speaking of the “shoe on the other foot” test, my favorite moment of the day may have been Trump attorney Eric Herschmann’s application of that principle. To illustrate the double standard, he DARED to compare President Trump with...wait for it...President Obama. Gasp! Herschmann had the nerve to show the clip of Obama’s March 26, 2012, “hot mic” moment with Russian President Medvedev on the eve of the nuclear security summit in Seoul, South Korea, in which he was caught leaning in close and saying, “This is my last election. After my election I have more flexibility.” Obama pats Medvedev on the arm, and they nod in mutual understanding. Medvedev replies, “I’ll transmit this information to Vladimir and I stand with you.”

Herschmann provided context for this stunning exchange and explained how it clearly meets the House managers’ standard for “abuse of power.” Can you even imagine the freak-out Democrats would have if Trump were overheard saying this? (Not that he ever would; this is hypothetical.) There would be riots in the streets --- funded by George Soros, of course --- and calls for the President to be hanged as a traitor and agent of Russia.

Ironically, people were so bored or put off by the House managers’ arguments last week that this week’s audience is relatively small. Too bad –- they’re missing history in the making. Trump’s defense is doing a magnificent job, and I could not be prouder to be on their side. After the Democrats’ embarrassing lies, distortions and name-calling, these attorneys showed themselves to be the adults in the room, the guys in the white hats. I’m not sure how Alan Dershowitz can still say he’s a Democrat after what his party did and continues to do, in the name of power, to the Constitution he loves, but that’s a question for another time.


Impeachment: Trump Team Nails Bidens, Burisma, And Obama's Hot-Mic Moment With Russia

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Comments 1-25 of 58

  • Theodore huckabee

    01/31/2020 07:08 AM

    Mike, I am thrilled with the job President Trump’s defense team is doing.I have been praying that God would crush the liberals and bring victory to us, the real Americans and, you know, He never disappoints. Thank you.

  • Cecilia Sotomayor

    01/30/2020 10:56 PM

    Excellent! Agree with your statements. The WH attorneys gave lessons to the DNC. I feel like we deserve law school college credit from Dershowitz’ dissertation.

  • Pamela Sayne

    01/30/2020 08:27 PM

    I am so sick of Schiff and others saying the American people are sick of this and tired of that and want this and want that!!! They are Not Speaking for US they are speaking for themselves!! Until they do a poll on every US Citizen and ask them what they think they have no right to put words in our mouths against Our President!! We Love Our President he has done more for us than any other a President has!! So tell them to put up the facts or Shut Up!! Ty

  • Mitzi Cole

    01/30/2020 12:24 PM

    Excellent analysis.
    President Trump's lawyers, diamond's, managers, gravel.

  • Kimberly Williams

    01/29/2020 05:06 PM

    Would not the presidential candidates who are in congress voting for impeachment of Trump be considered abuse of power or tampering with the election? I don't see how it is any different for them to be able to vote in this matter considering Trump is their political opponent.

  • rodney d burke

    01/29/2020 01:23 PM

    yes, Mike, no witnesses, There is and never has been a case and the senate must recognize that. If the last two days of the Trump team didn't convince everyone, then they are brain dead. Dershowitz and Bondi set it up and Sekulow put the icing on the cake. There was nothing. The senate should have dismissed it out of hand. Dershowitz shows where his priorities are; and dems show where theirs are: While he reveres america and what it stands for, left, hates it and would destroy it unless we stop their treasonous acts.

  • Ron Bangert

    01/29/2020 09:19 AM

    Alan Dershowitz defended the constitution and reflected 'original intent' of the Founders beautifully. How many citizens grasped his presentation or are engaged with what is taking place in D.C.?

    He is a remnant of the conservative democrat. When both parties honoured the Constitution, Bill of Rights, Ammendments, Branches of Government, separation of powers, etc. When most held the ideals of America's Founders. Mr. Dershowitz articulated 'original intent' beautifully.

    How ironic that a registered democrat takes up the defense of a republican president!? But he did not! He defended the Constitution and the Founders intent for impeachment, which ultimately defends our Republic.

    Perhaps after these round of activity, and the way the Party of Hate conducts themselves,lead by the Senate majority leader and House Managers, Mr Dershowitz will come to realize the Democratic Party left him a very long time ago.

    Mr Dershowitz and Democrats like him, are the last great hope for the Democratic party. Perhaps he is the voice to create a new party or save what conservatives are left a d walk across the aisle for good.

  • Karin R. Miller

    01/29/2020 07:11 AM

    I thought Ken Starr deserved a round of applause after his textbook explanation of what was done and how anti-constitution their actions have been.

  • Ronda Davis

    01/29/2020 06:40 AM

    I watched Monday's proceedings and I also thought that the President's team did an outstanding job. I am going to have a very real problem with any Republican Senators that vote to spend more of MY tax dollars instead of really hearing and agreeing with what was presented. My morning paper (1/29) here in Sarasota, the Herald-Tribune, has a front page headline that reads, "GOP Lacks Votes to Block Dems". I hope this isn't true...

  • Helen Corey

    01/29/2020 06:02 AM

    3things that befuddle me.
    1) why do anti-Trumpers accuse Trump of something anti-Trumpers actually are doing—lying as an example.
    2) why hasn’t the Pope actively applauded a President who supports pro-life legislation and a First Lady who prayed the Our Father on National TV.
    3) why some Republicans aren’t actively supporting a President who is exposing corrupt politicians and unelected bureaucrats who are not working for the people, who line their personal pockets with taxpayer $$$.

  • Lynn Weston

    01/28/2020 11:47 PM

    I’ve been so relieved as I’ve listened to Ken Starr, Jay Sekulow, Professor Dershowitz, and the others present their arguments in a well reasoned, thoughtful, factual manner. After listening to the theatrics, hyperbole, and lies presented to the Senate by the House managers disguised as evidence for impeachment, I feared that if these are the people responsible for running our government, all is lost. Now, if we could just get the Republicans to stop running hither and yon like chickens chasing a bug in the dooryard any time some new tasty tidbit of “evidence” is tossed into the public arena, maybe we could get this circus shut down. Susan Collins grew up in my county in Maine, but she’s obviously lost the common sense endemic in “The Other Maine.”

  • Marilyn DeMarco

    01/28/2020 11:24 PM

    I agree they did a great job, and Elizabeth warren stated she didn’t understand what Dershowitz was saying? I guess she isn’t just a liar but uneducated as well. Of course the main stream media and the dems are saying they did it make a case and still demanding witnesses. They were methodical in addressing the lies the dems made and giving the proof of why, but they of course will not admit it, they make me sick. And Mr. Romney and Ms. Collins and any other republicans who side with them make me just as sick to my stomach. I pray when it comes down to it that you will do the right thing as the Trump defense team urged you to do! Thank you Mr. Huckabee for your faith and belief in our President, and the encouragement you give to all of us who agree.

  • Wiliam Morley

    01/28/2020 10:55 PM

    I say, go after The Bidens and Obama. A long prison term for the Bidens as well as Obama and strip them of all the money they acquired while in office. Treason is punishable by a firing squad if I remember right.

  • Gene Blazet

    01/28/2020 10:03 PM

    Excellent summation Governor. Thank you!

  • Jayne Irwin

    01/28/2020 09:15 PM

    Trump's lawyer's have done a stellar job defending the Constitution and defending President Trump. They have proven to me and american citizens that what the democrats have done was a witch hunt and on November 3, 2020 they will see how angry the citizen's of the United States are.

  • Kay DeWitt

    01/28/2020 08:58 PM

    Alan Dershowitz's message presented a wonderful refute to Christianity Today's indictment against Christians who would not vote to have President Trump impeached being guilty of compromise because Christians ' unwillingness to vote for impeachment is not based on whether or not they believe the President WAS , or was NOT, guilty of quid pro quo but that, even if he WAS guilty of a quid pro quo it "does not rise to the level of impeachment" because it is NOT " what the founders meant by high crimes and misdemeanors "....AND....

    The fact that Alan Dershowitx IS a Democrat bears witness to the fact that his message was not based on partisan prejudice, but on what he views as objective...unprejudiced ...fact!

  • Mary Terril

    01/28/2020 08:46 PM

    Wow ?? Just wow. Finally got the hammer to come down on their heads. Love watching them.

  • David Berry

    01/28/2020 08:37 PM

    To Professor Dershowitz I say - Hurrah!!

  • Robin Rebhan

    01/28/2020 08:11 PM

    I couldn't be more proud of our President Trump. I don't know any man today who could hold up to the unwarranted non-stop harassment and hatred that President Trump has been a victim of from the democrats. And despite all of this President Trump keeps right on serving America, without missing a stride.
    Four more years!! USA!!

  • Margaret Brown

    01/28/2020 08:11 PM

    The RABID Democrats and mainstream media will say or do absolutely anything to hurt our President and in turn destroy our Country. They should all held accountable.

  • john mac

    01/28/2020 07:34 PM

    Let me go way out on a limb and say the Bolton story is another fake story by this propaganda machine we call the media. Their MO is to put out a false story and by the time it is disproved, they are well into their next big lie. Every 3 or 4 days for the past three years we've had a bombshell. None true, but somehow we keep giving them the benefit of the doubt. They have no credibility. We do not have the document, nor do we have a witness who has read the document and yet we are suppose to take the word of the NYT. It is grotesque the way this man has been treated. These liberals will not be satisfied until every institution is destroyed and every form of decency is crushed.

  • Robert Sawin

    01/28/2020 07:25 PM

    If there are any ways Republican Senators can really screw up an impeachment trial we're about to see it right now. Adding witnesses, who will continue to lie under oath, will not only needlessly prolong this absolutely useless trial, but could very likely lead to the impeachment of President Trump and turn our country back many decades, with Democrats fully in charge. It's little wonder the majority of Americans are fed up with both political parties.

  • Robert Sawin

    01/28/2020 07:23 PM

    If there are any ways Republican Senators can really screw up an impeachment trial we're about to see it right now. Adding witnesses, who will continue to lie under oath, will not only needlessly prolong this absolutely useless trial, but could very likely lead to the impeachment of President Trump and turn our country back many decades, with Democrats fully in charge. It's little wonder the majority of Americans are fed up with both political parties.

  • Sheila Hayes

    01/28/2020 06:57 PM

    I read your comments everyday. I trust what you have to say! Thank you for keeping us informed!

  • Sherry Lynne Osmonovich

    01/28/2020 06:36 PM

    I concur that the President's lawyers did a stellar job in laying groundwork, presenting facts, (including clips & copies of conversations, interrogations & historical evidence) and solid Constitutional Impeachment standards. They were above all else, thorough, succinct and factual. I naively thought... surely this destroys all accusations that the left are throwing around. Incredulous then, that Adam Shiff could come away from those summations w/o egg on his face. And yet, he had the pomposity to continue with his same diatribe as though he had not just witnessed the most embarrassing and incriminating catalog of faux pas displayed by himself & his party.
    I am dumbfounded. And yet, sadly, should not be.

    By the way... love your program on TBN. Psalms 64 - The Lord will have & is having His day. He certainly did in the testimonies of the President's team.