The case brought yesterday by the House impeachment managers was a master class, not in how to present a factual case but how NOT to –- how to avoid the facts and skillfully create a piece of propaganda.
"What I think is really glaring as the House managers wrapped up their case was what was not in that case,” said legal analyst Jonathan Turley to Sean Hannity on Thursday night. “You know, after doing that snap impeachment, there were four weeks where the House did nothing in terms of locking in testimony. There were a dozen people who were around the President who spoke publicly about things he did or said during those critical hours. The House never called any of them as witnesses, never locked in their testimony, never created the record that they failed to create when they did this snap impeachment. And the question is why?”
Instead, Turley pointed out, they quoted NEWS ARTICLES about potential witnesses that they never called, either in the impeachment or the "trial." Very curiously, they chose not to use direct evidence from these witnesses.
He said it was particularly glaring on Wednesday, when the managers repeatedly claimed they had information on Trump’s “state of mind.” That’s not the charge; in the one article of impeachment, Trump is charged with insurrection to violence.
Trump isn’t being charged for being “a lousy person,” Turley said. He was impeached on the charge of trying to incite an actual rebellion. They’ve “dug a very deep hole” that they “didn’t really try” to fill, so why didn’t they bring in their evidence? Even if they wanted to stress Trump’s state of mind, they brought in very little evidence of that.
But we do have a LOT of evidence that the breach of the Capitol Building was planned well in advance. Trump could not have “incited” an “insurrection” unless he got in a time machine and went back to November/December and told them to do it, or unless he was actively plotting with them at the time. There is no evidence of that, or of the time machine, either.
Turley wrote at length about the House managers’ problem with the lack of direct witness testimony and what it says about the credibility of their case. Highly recommended reading.
So, with Trump’s attorneys presenting their defense on Friday, how should they proceed? Turley said the House managers have “opened the door” to examining “reckless rhetoric,” which they should not want, considering all the horrific examples that can be cited from the Democrats. “It may be difficult to distinguish from the accused, the prosecutors and the jury,” Turley said. “We’re living in an age of rage, and people say irresponsible things.” Oddly, the managers have moved away from the impeachment article they drafted to focus on Trump’s language generally, showing a lot of clips of past speeches. And, according to Turley, “they really didn’t prove that case.”
The way to counter that is, of course, to show a long montage of clips of Democrat senators and representatives using violent and threatening language, of which there are many. Some of them are so dark and chilling, so hateful, they go way beyond anything Trump has said. Try to imagine President Trump saying those things --- he wouldn’t.
Turley has said previously that Trump shouldn’t put on a defense at all and just “rest on the constitutional challenge.” Personally, though, I would love to see him “fight” --- there’s that word --- with some fabulous pushback to devastate and humiliate those who put together this sham. They deserve a good slap-down, and, gosh, I apologize for my use of violent rhetoric. Trump’s attorneys should do this quickly, though, in just a few hours, and not allow the left to continue distracting the country with this show trial.
Much has been said about the 13-minute “movie” that the Democrats had produced and showed on the first day of the “trial,” specifically about the emotional effect it seemed to have on its audience. There were reports that the room went utterly silent at the end of it. This was the centerpiece of the propaganda presented at this “trial.” It would never have been permitted in a real trial, as it was deceptively edited to link Trump’s words to violent actions from different times and places; there was no actual link established. Most importantly, producers chose to leave out the key piece of exculpatory evidence –- Trump’s own words, revealing his assumption that the crowd would be going to the Capitol Building “peacefully and patriotically.”
THAT ONE FACT –- that in their manipulative little Hollywood production, they conveniently left out the words “peacefully and patriotically” –- is enough right there to discredit their entire case. At least to my mind it is.
I can sum it up in two words: “falsifying evidence.”
Alan Dershowitz commented that “the President made a statement, a speech, which was so within the parameters of our First Amendment and Brandenburg [Brandenburg v. Ohio, 1968], notwithstanding the fact that 144 scholars have said it would be unethical –- unethical –- to even raise a First Amendment issue...” He went on to rail that these people are trying to intimidate Trump’s attorneys from using the First Amendment to defend him. This, he said, would be “depriving all of America and the Senate of the opportunity to hear how the First Amendment precludes this impeachment.’
David Shoen is “a very good lawyer,” Dershowitz said, adding that he expects that Friday we’ll get a few hours of laser-like focus on the First Amendment. (I would add this that might be extremely instructive to the rest of the country, as everyone could use a good lecture on the First Amendment right now.) He said they should also spend some time on the jurisdictional issue –- the fact that Trump is now a private citizen –- as some senators might acquit more on free speech grounds, others more on jurisdictional grounds. Since only a third of the senators have to vote to acquit, he expects an acquittal.
"The Democrats overplayed their hand [Thursday],” he said. “They went on too long, [they were] too repetitious, they should have rested...” Trump’s lawyers “will do a good job by making it neat and clean and to the point and short.”
Shoen told reporters on Thursday that Democrats have failed to tie Trump to the breach of the Capitol Building. “I think they’re making a movie,” he said. “...And I think it’s offensive. Quite frankly, it’s antithetical [to] to the healing process to continue to show the tragedy that happened here that Donald Trump has condemned, and I think it tears at the American people, quite frankly.”
It sure does. And to the Democrats, tearing at us is an extra benefit of this sideshow. It’s just one more way to go after Trump supporters, one more way to make us feel crushed and defeated. But it will backfire, because we’re smarter than that, we can see through them, and we can spot all the fakery and the strings being pulled.
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Comments 1-25 of 101
02/17/2021 11:32 AM
Kamala Harris I read is talking with foreign leaders. Is she running things or is President Biden? Are some of the executive orders things he wants or are they from her/someone else? Same thing with appointees - are they his/her's/ someone else's?
Barbara Lynne Shaffer
02/15/2021 03:56 PM
I'm SO sick of Bill and Melinda Gates funding crap like this - is there anything we can do about it. This viewpoint has NOTHING to do with white supremacy! Check this out!
02/14/2021 05:32 PM
I have never been predisposed to comment on political articles but to the above I can only say Amen, Brother. At 75 I have seen many a president come and go with few truly leading our country. President Trump is, in my opinion the best president for the people I have seen since I started keeping record for myself. My wife and I truly feel he left our country a better, stronger and lifted many up who only need a chance to feel proud of their work and place in our society. Thank you Mr. Trump we are with you to bring it all back.
02/14/2021 08:55 AM
The US Constitution is an easy and simple document to understand written by non IVY LEAGUE educated self taught individuals. They wrote, after much debate, a document that was written for the majority of the nation to understand without having to read between the lines as modern day politicians do to push their unwanted policies on a population that when they really think about it don't want the Government in their business. The only people that want more Government and regulation in their lives are the far Left and Right.
The impeachment "trial" in the Senate was a farce. In what other trial is the "judge" also a voting member of the jury? The unconstitutionality of the impeachment "trial" was demonstrated when the Chief Justice of the Supreme Court declined to preside over the procedure as "REQUIRED" in the US Constitution.
The military and National Guard are not domestic police as is often the case in countries governed by dictators. With that the National Guard troops should go back to their respective States. Any on going Domestic required protection should be handle federal, state, and local "POLICE" assets. Oh, that's right, those entities are be defunded and being neutered by politicians at all levels.
Just my opinions as permitted in the US Constitution's 1st Amendment. Thank you reading the ramblings of a 72 year old U.S. citizen.
02/13/2021 10:21 PM
Why wouldn't the Democrat team of lawyers lie? Why wouldn't the Democrats lie? Because they get away with it!!! Where's the consequences of all the scandals and lies under Obama? Where's the consequences of Hillary and the DNC for the Russia hoax? Where are the consequences for those behind going after General Flynn? Where are the consequences for a highly suspicious rigged and most likely stolen election? And the list goes on and on. Where has the FBI, DOJ, etc.been in all of this? Read "Why Mike Lindell's Election Fraud Video Should Be Played At The Impeachment Trial" by Townhall contributor/writer Cliff Nichols. Nichols raises many valid questions about the FBI. Yet no answers to these questions,no investigations, etc. The whole system is corrupt!!!!! The media is corrupt!!!! The Democrats and way too many Republicans are corrupt and are moving very quickly to usher in their agenda to fundamentally transform America!!! Way too many Sheep going along with the agenda even when it doesn't make sense or seem like it is not going to be in the best interest of themselves or our Republic. It's all about POWER and CONTROL, but too many sheeple just going along with what Big Government (China Joe and his cronies) are inflicting upon Americans and their desire to turn us into "the equal playing field"among other world nations. No Supreme Court to stand by our Constitution, no Democrats which is obvious and too many weak and spineless Republicans and too many RINO'S. China Joe, the illigitimate resident of the White House and his cronies will be going after our Second Amendment because they know they stole the election and are scared that maybe, just maybe the truth will come out like the Mike Lindell's who have courage and want to see truth pursued. So when you see China Joe's cronies like Susan Rice and others begin discussing "gun control" they will once again pursue gun confiscation against law abiding citizens but not criminals or terrorist!!!!! China Joe said during one of the campaign debates that it would be a dark winter, it will go way beyond winter, because not enough good men would fight against evil. Too much appeasement, too much talk, crying and complaining about all that is going on, but that we just need to hope for better results with the midterm 2022 election. If the rigged and stolen election isn't properly investigated and resolved, then 2022 hopefulness in turning things around isn't happening!!!! Wake up Americans before our freedoms and liberty are completely gone through the POWER and CONTROL of the RULERS over the people through their agendas like climate change, mask mandates, eroding the constitutional amendments, destroying the economy, hate for conservatives and Trump supporters, open borders, etc, etc. . . . . WAKE UP PATRIOTS!!!!!
02/13/2021 08:46 PM
Please discuss Nikki Haley and her recent comments against President Trump.
02/13/2021 02:44 PM
Obviously, none of the Democrat House Managers ever attended a Donald Trump rally. If they had, they’d know all the excitement, drama, patriotic inspiration, and peaceful closure.
They just can’t turn loose. Could someone please call the question?
They believe they need to get all their half-truths out there now, close the deal, before more facts of the fraudulent election leak out.
02/13/2021 01:17 PM
I really believe this riot was pre planned by polosick thru who else? Hillary, like she did with her hoax, on first impeachment, polosick advised blms &antifas to dress as president Trump patriots, to blame it all on the president Trump, she also fixed elections, how strange she would say several times before election started, bidenlied would be inaugurated on January 20, this evil women must go along with all the ones aiding and abetting around her, GOD WILL BRING JUSTICE AND BRING THE TRUTH OUT! AT THE PRESENT TIME WE DON'T HAVE A COUNTRY, SADLY!! AN ILLEGALLY LYING ADMINISTRATION, THE RATH OF GOD IS INEVITABLE! GOD is merciful, but won't forever strife with man in his sinful and rebellious and DECEITFUL ways. GOD HELP US ALL! I believe and trust that GOD will fight for us as HIS children Christian believers. AND GOD WILL WIN THIS WAR! on his plans. Because HE IS A TRUE LIVING GOD OF THIS UNIVERSE. AND NOTHING OR NO ONE WILL OVERTHROW OUR KING OF KINGS!
02/13/2021 11:15 AM
Thank you Governor for your continued love and support of our country. I don’t recognize this country anymore...what happened to our moral values?!?! It is sad, and very disturbing, to watch the “progressives/leftists” as well as the political “elitists” destroy all that is so great in our country, and being an American. If they think this country is so bad, why do so many people from around the world, what to come to this country for a better life?!?! As so many of your readers have said, “God help us all, and this nation”!!
02/13/2021 09:49 AM
What wonderful information. I wish our news media put this in their articles. My prayers for all those involved. Don’t let satin win!
02/13/2021 09:48 AM
With the talk about the FBI having information about what was going to take place on January 6th, I’d like to know what Nancy Pelosi knew and when she knew it. Did she know it was going to happen and did nothing to stop it. Also did she refuse to call for reinforcements for the Capitol police?
amber l sampo
02/13/2021 09:39 AM
Thank you for being a banner of truth, a lamp, a light of truth in this dark and evil time. I get overwhelmed with the evil in the democrats, never thought to see this in the USA.
02/13/2021 09:08 AM
I think the leaving out of "Peacefully and Patriotically" was to obvious and a distraction from what they did on a bigger scale. On all of the video clips the Dems played all have a very clear voice saying how Trump got them to do this, do that and to show up. With all the noise, wind and chaos these voices are all way to clear like spoken right into a microphone. I think most if not all the voices were all dubbed in. Wish I had a way to reach out to Trumps team so they could look into it. Hint Hint. Thanks Governor for being a steady voice of a true American.
02/13/2021 07:37 AM
I love it that on Friday (totally by accident, because I was not watching the "trial") I saw the last of Trump's lawyer giving his argument/proof, and he not only brought up Trumps real words but showed on video the absolute proof that the house manager had picked and chose to leave out the specific rhetoric that Trump used, showed that the whole thing had been preplanned, so could not be used against Trump's speech, and further proof that it was Trump that wanted "law and order" and not others like Watters.
02/13/2021 12:02 AM
Gov, Now that I've finally read it - I'm looking forward to seeing you this Saturday night - I would prefer you wore a Tux - with that SCUBA gear tho! Looking forward - not back!
02/12/2021 11:49 PM
It feels as if, since they are no longer a necessity, this government has started to dismantle the various organizations that were part of the Biden-itis drive - to success.
From the Lincoln Project thru to the Proud Boys and their FBI informant leader to the Senior FBI agent still with his high level security clearance who seems to be the leader of The Oath Keepers - or high up in their organization. There is a sweep starting - that will dramatically change the landscape. I had mentioned a while back that now the election was over they needed to pay attention to the noise level - because they would shortly find they were expendable. Wray is showing them - they are.
02/12/2021 11:44 PM
Dustin Hoffman....Wag the Dog....
02/12/2021 10:14 PM
My religious and political beliefs preclude my meeting Democrats half-way on most of the key issues...maybe all.
I have no intention of compromising my beliefs to meet them “in the middle”.
Also, my intelligence and common sense demand that I not do this.
I will not call a boy a girl (or vice versa) in order to please the “party of science”.
Somebody needs to school “the party of science” on x and Y chromosomes.
I will not refer to rioting, looting and burning as “peaceful protesting”.
Democrats don’t really wanted to meet “in the middle” either.
They’re just paying lip service to the idea to make them look more reasonable, which I have come to think is an impossibility.
God, Help is ALL!!
Carl T Smith
02/12/2021 08:54 PM
I must recall one of my Mothers favorite replies! Do you have no Shame? the dims must believe they can avoid having their charade played over and over when they seek re-election!
john gray sr.
02/12/2021 07:48 PM
As Gomer Pyle would say, surprise, surprise. What besides a lie is a Democrat really proficient in. Answer- Nothing ! God be with us and protect us, because the Democrats sure won't. Last week a man was given his first COVID-19 Vaccine shot and died within 25 minutes according to Fox News. If President Trump were in office an immediate response to the actual cause of death would be in all the papers. With Biden in charge we get nothing. Surprise, Surprise. Also expect a complete cover-up of Governor Cuomo and of course Biden's son.
02/12/2021 07:47 PM
I believe the raid on the WH was planned by the very rich radical left. We ought to talk more with those eye witnesses who rallied for Trump and saw strange things from Antifa and BLM. Plus look at the people who caused the riots and try to get IDs and see who they really are dressed in Trump clothing.
02/12/2021 06:56 PM
It was easier to create evidence than get real evidence. What the House Democrats did was what the major media often does. Use anonymous sources or your own imagination to create facts. For decades the media and the Democrat Party have always counted on most people being so stupid they would believe lies.
02/12/2021 06:48 PM
everything that the Dems have done in the last 4 years have convinced me more and more to be on President Trump's side. As has been said, this impeachment has backfired even more, to turn me against anything the Democrats say. I've become more and more on Trump's side, he has become more and more presidential as the years go by.
02/12/2021 06:29 PM
Mr. Huckabee, with all due respect, the Republican people have been watching all the string pulling and fakery for months. All of us want to know..when is SOMEBODY going to DO something about it? Everything the left has been manipulating is as plain as the noses on our faces. Who is going to step up and really defend our nation against the lies and backstabbing? The only thing I can figure out is this...more conservative Republican Congress people are secretly holding hands with the left. And the ones that aren't are scared of being publically targeted. Thank you also, for providing us the truth. God bless! John 15: 12&13
02/12/2021 06:05 PM
I watched a bit of the Trump defense at noon toady. His attorneys destroyed the Democrats. Time and time again they showed their two-faced, blatant, unmitigated, bald-faced, pants-on-fire LYING, actually, they were nice and said HYPOCRISY!! Obviously, not one of the Democrats could stand the 9th Commandment test.
What has happened to our America? We need to replace all Democrats with four-legged jackasses, at least they don't lie.
We need a term limit Amendment to our Constitution.