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February 5, 2021

Bro Mike, you say: "since the Constitution says “the Chief Justice SHALL preside...” Chief Justice John Roberts has wisely chosen not to accept this dubious honor and will play no part in the "trial," so Sen. Leahy has graciously taken it upon himself." How is it that Justice Roberts can "choose" to not perform his constitutionally required duty? And how is it that Leahy can "take it upon himself"? (asking for a friend)


From the Gov:

When President Trump went through his first impeachment trial in the Senate, Chief Justice Roberts presided, just as the Constitution calls for during the impeachment trial of a President. For the second (sigh) trial that takes place next week, the Chief Justice sent his regrets, but neither he nor the Supreme Court offered any comments.

Donald Trump is now a private citizen; he does not hold the office of President and so cannot be removed from it. So the ceremonial duty of presiding as outlined in the Constitution apparently does not apply to the Chief Justice in this case.

Vermont Sen. Patrick Leahy, who serves as president pro tempore of the Senate, will preside instead. In a statement, he said, “The president pro tempore has historically presided over Senate impeachment trials of non-presidents.” What he didn’t say is that those “non-presidents” were other office-holders, not private citizens as Trump now is. Vice President Kamala Harris could have presided as well, but she is so closely in line for the Presidency that it would have looked even more inappropriate than what we are going to see.

As I've said, Democrats are essentially making this up as they go along. Some have argued that the Chief Justice owes us an explanation for his decision not to preside, as analyst Dan McLaughlin does here in an article we linked to a couple of weeks ago.

There also remains the question of whether a former President can be impeached at all. Legal expert Andrew McCarthy has said, “History and precedent are on the side of those who argue that impeachment trials of non-incumbents are constitutional,” –- this is news to me, and he doesn’t cite the precedent –- “but that is beside the point. The Supreme Court surely wants no part of this hot political dispute, and the Constitution’s commitment to impeachment trials to Senate control gives the justices a good reason to stay out of it.”

As McCarthy said, “Impeachment is a political process, not a legal one; there is no entitlement to the kind of due process required in judicial proceedings, where a presumptively impartial judge and counsel for the parties to select a jury of the defendant’s peers, which has been vetted to ensure its objectivity.”

In other words, this will be a political circus. Sen. Leahy has already said he’s voting to convict, before the thing even starts. With him presiding instead of Chief Justice Roberts, it will seem even more like the show trial it is. If the Democrats have any self-awareness at all, which is doubtful, maybe they’ll try to keep it a little more low-key this time around, to avoid looking like the partisan ghouls they are.

Yes, ghouls. If you don’t think this is going to be a hateful and contentious process, take a look at the wording of Impeachment Manager Jamie Raskin’s letter to Trump “inviting” him to testify --- which he wisely will not be doing.


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Comments 1-25 of 64

  • Kathy Hignett

    02/08/2021 02:27 PM

    We will not be watching this obscene abuse of power. However, what we will do is note who votes for impeachment and make sure they loose their bid for re-election! We do not need these swamp monsters in government.

  • Susan Moncada

    02/07/2021 02:47 PM

    Why isn't the Republican party objecting to this impeachment? This is exactly what I mean by that the Republican party does not endorse Trump or their own (Rep. Green is a good example). It is high time that the Republican does something to eliminate this stupidity wastefulness of my tax dollars.

  • Norman Provencal

    02/07/2021 09:31 AM

    Dear Gov Mike Huckabee,
    Thank you for your posts and for being a (real American) grounded in our Lord and Savior Jesus Christ.
    Your above replies to comments made by fellow patriots are interesting and to a degree inspiring in a day where American Patriots are fast becoming the new treasonist party of canceled culture.
    If we are to continue to follow a broken non-oath-keeping, party that works and conspires with those who (hate America), are we not just the (same) as them in our ways of support? In reference to "obey our leaders appointed over us", and to those leaders who have blatantly stepped outside the confines of the US Constitution in supporting subversion and treason, are we not part of that equation empowering subversion and destruction to the very fabric that is the USA??
    The above Plagues many of us who love this republics' core principles and values. Never in my life would I have thought to live in a time where our trusted Republican party conspired to end our republic, but as we have witnessed over the past 90 days, the multitudes have.
    We continue to pray and know that our Lord Jesus has this all in His control and that we are along just for the ride. That being said it pains the true Americans loyal to their oath for this nation's prosperity to remain in any capacity for support of those who sided with the dismantling of our republic and Constitution. The evidence is deafening of the organized corruption coupe now accepted as the "new way" of operations in every state.
    Without a justice system able to hold those accountable for the actual "theft" of this Republic there will never be an open and fair election again for all future outcomes are now pre-determined by those in power.
    I am no politician. I do not have the constitution for it. So I pray that God puts the right people in office over men. I can see the seals in revelation being broken, I can see the words of God coming to fruition. I pray for the return of our Lord Jesus SOON.
    Remain steadfast in your direction from above for your touch and nourishment of thoughts are refreshing.
    On another note, we are very pleased to hear that your daughter Sarah is running for our Governor! May God continue to surround her and her family with divine protections.
    God Bless you,

  • Robyn Harriman

    02/06/2021 10:43 PM

    Gov what will happen when the impeachment trial is done and they find Trump guilty, despite its illegitimacy? Will SCOTUS then have to determine if it was constitutional or not? Also if SCOTUS determines the elections in 3 major states, as illegal, enough the vote would have been for Trump, will Biden be removed, despite the senate accepted the electoral college ?

  • Donald Lampen

    02/06/2021 05:08 PM

    Hi Mr. Huckebee, I am going to pose this question/idea here I do not know where else to go with. Awhile back I read a book by Deborah Lipstadt about a court case of holocaust denial. She was the defendant, the plaintiff David Irving, purposefully filed the lawsuit of libel defamation in a court of England where the burden of proof is to be on the defendant, therefore the allegations have to be overwhelmingly refuted with proof to the contrary, otherwise said allegations will stand as a crime to be convicted. This system does not hold to "innocent until proven guilty", but instead prove yourself innocent of said charges. In regards to the lawsuits concerning election fraud could someone initiate such a "southpaw effort" (Rocky) to destabilize the lefts momentum by having to cause them to prove themselves innocent, instead as most request for justice seem to be falling on deaf ears... Thank you, Don

  • Deborah Lemons

    02/06/2021 03:20 PM

    Dr. O'Rourke, Please go back and read Mike's explanation and reasoning on why No Third Party and the real event that happened with Ross Perot. I remember that election well and it was a very disappointing nightmare, much like this year, but without so much fraud. He is exactly right, if we split, divide, splinter or fracture the Republicans more, the Democrats WIN again. I am not 100% happy with all the Repubs, esp. the ones stuck in mud and quicksand of politics, egoism and self importance so long, but we have to change this starting at local elections and working our way up. Find and present good candidates and they will win; look at some of the wins we had this year and in 2018. GA was full of fraud and frustration, but the two candidates were not as strong as they should have been. They did not truly stand strong on good platforms and messaging and personal strength, much less strong conservatism and christian foundations. jmo

  • Deborah Lemons

    02/06/2021 03:07 PM

    Leahy is presiding because he thinks he has lots of power and like Alinsky's rules say "keep" pushing on your enemy (rules 5 & 8) or your resistence, so the Dem's never let us and the Repubs try to be nice guys and not antagonize anyone.

    I like Rule # 9, which is currently one of the most active they have "The threat is usually more terrifying (and also effective, dl) than the thing itself". Look how effective it is with Covid and they keep pushing and moving the bar. This is very dangerous....

  • David Langdon

    02/06/2021 02:00 PM

    Gov I agree this is all for show though don't really see the point in it. The only reason for them to continue with this is so they can bar him from holding office again but I believe that would only be from an appointed office not elected office. For this aim to be achieved though they have to get a conviction first which they can't get so why else go on with this? This is all a waste of time and money and the senate I'm sure has more pressing business they could be doing.

  • Mike Andreasen

    02/06/2021 01:35 PM

    I disagree 100% with the comment from Mr. Proeschel! Please continue using the King James Bible for your daily bible verses!

  • Paula S Hawthorne

    02/06/2021 11:25 AM

    This is the reason they have started this attack and are throwing the Constitution out the window. DJT has private citizen Constituional rights. They have stomped on the laws of our Nation and proclaimed him guilty how appaling. America is not safe, if they are allowed to do this to a former President of the United States. Representatives. Josh Hawley, Tom Cotton, Trey Gowdey, Doug Collins, Nancy Mace, Jim Jordan, Devin Nunes, Andrew Clyde, Steve Scalise, Dan Crenshaw, Matt Gaetz, Louie Gomert, Debbie Lesko, Burgess Owens should get a copy if this link. I'm a 70 yr old Christian Grami who has 7 grandsons ages range in 25-4 age groups. If this rest happens you our last buffer for freedom are gone, they won't need any of you. Including the dislusional Dems. If they acheive this its over there is no going back to America. We become a more corrupt Commumist Country. Every Rep. Who fought for our freedoms or want to give the next generation the best possible free life under One Nation Under God, should be extremely concerned. Please help distribute this article to them our live depend on it. Thank you and may God bless you all as His chosen "Guardians of Peace and Freedom" Prayers for GOD's protection and blessings for you as you fight against Satan's demons. That's harsh, but actions speak louder than words. We are a military and first responder family and give our all for America and its citizens. Please if you can provide a copy for former President Trump, too.

    This is what the foundation of the great reset is based on over the years.

    Commumists have infiltrated the Democratic party it was one of their 45 goals to take over America. You God willing are our last line of defense.

    A path to dictatorship the Dems are using this now.

    In case this has slipped the mind or is not current knowledge it vital to use as a strategy to fight back.

    Communist Goals (1963) Congressional Record–Appendix, pp. A34-A35 January 10, 1963

  • Debby Baker

    02/06/2021 09:15 AM

    Suggestion: bring back witch burnings. Let’s build a bonfire ... a YUGE MAGNIFICENT BEAUTIFUL BONFIRE.... one like nobody has ever seen..... and throw alllllllll the witches in it..... send them back to the contaminated dirt they came from.

  • Debra Burleson

    02/06/2021 08:45 AM

    I appreciate your objectivity and honesty. I have followed you for years. I have roots in Arkansas. My Dad was born there. I have family both living and buried in various AR places. I served as a Principal in Rogers at one time. My history is part of why I have followed you. More importantly, your leadership as a Christian, a Godly man, one who stands for right even when it may not be popular, we need that in our country! We need supporters of what our founding Fathers intended. God is first and foremost. We the people, those who voted for and support President Trump appreciate you standing in the gap, giving us a voice when no one is listening. Thank you!


    02/05/2021 10:52 PM

    As McCarthy said, “Impeachment is a political process, not a legal one; there is no entitlement to the kind of due process required in judicial proceedings,

    If that would be true, let's put that shoe on the other foot...

  • Paula Ewing

    02/05/2021 10:49 PM

    Good sir:
    Much about this impeachment farce bothers me, but nothing more than the Senators (all) who have already declared how they will vote. Just as Mr. Trump didn’t get due process from the House, he’s not getting a fair trial from the Senate (shocking, I know). Essentially, the Senators have already declared that any/all evidence is irrelevant. They could be presented with irrefutable information that Trump is innocent of all charges and they will still vote to ...remove?... him anyway.
    There’s a polar front due next week. Why doesn’t everyone just stay home from the trial? Would it make even a shred of difference?

  • Ruth Renee Nelson how

    02/05/2021 10:11 PM

    How about on Monday as the "trial" begins, the Senate minority leader do exactly the same thing that Nancy Pelosi did to President Trump's State of the Union Speech: rip the Articles of impeachment right down the middle & then tell the Dems to go pound sand. Oh, if we only had someone with the intestinal fortitude to do it.

  • Anita Mule

    02/05/2021 08:44 PM

    I thought Sarah left the press secretary job to spend more time with her family. Now she is running for governor. What's the story? Before you get your knickers in a twist, be aware that I immediately contributed to her campaign. I admire the hell out of her. Just wondering how the two elements compute.

  • Carol Mathews

    02/05/2021 08:30 PM

    Psalms 109 verses 1-19 for President Trump May these verses be so for all those pushing this travesty.

  • David L Smith

    02/05/2021 07:45 PM

    This is our modern day Scopes trial, main objective as it was then is publicity. Scopes could not even recall if he ever taught evolution. Before this is done, democrats will not be able to recall how this came about but it will not matter, they will have the publicity put in its most favorable light by the Trump hating MSM.

  • Jerry

    02/05/2021 07:27 PM

    Still Love Don And American pie segment great feature; I hope Biden's stooges are far away from the Super Bowl Rules like giving one teams 8 points for a TD 3 points for a PAT 4 points for FG to uneven the playing field. It would make no difference Roberts or Leahy two corrupt figures you'll never change the spots on these animals just no way, just like corroded electoral wire recycle it. If America can survive the 4 years of Biden and its comrades I see why they are Shittfing in their attire having America First for 4 years and now America last should show the nitwitted public and basically unscrew the education they got from the gutless teachers attacking students with anti american nonsense for their time spent in the classless rooms. Biden will show how messed up the teaching they got when people can't speak worship their religion and have small business owners oh the great jobs that ripped away are being replace with jobs that do not exist ask Bidens thugs to explain the where and what the new jobs are . Just a starter people.

  • Vivian Hartsoe

    02/05/2021 07:16 PM

    Let me simply say I watched Mike Lindell's video and the election was stolen!! Proof positive!!
    Somehow our party has got to get some backbone and unite so they can do what they were elcted to do! This display of America last by Dems has got to stop! Is there no one willing to step up other than Trump? Can we kick out those 11 voting against him? What I heard over and over in Mike's video is that NO ONE in any government agency is willing or wants to keep America safe and prosperous! Why vote if it's all a joke? Just saying....meanwhile I will pray harder and trust God to move the human heart to do what is right! Thanks Mike, appreciate you and watch you every week!! God bless!!

  • Carol Zych

    02/05/2021 06:38 PM

    Governor, this whole thing upsets and scares me. I fear our republic as we have always known it is gone forever. What they have tried to do to Pres. T. over the past 5 years breaks my heart. I'm afraid to talk to anyone about anything for fear of getting in trouble....Pray...

  • Jane Canfield

    02/05/2021 05:42 PM

    This whole impeachment thing is ridiculous! The left hates Trump so very much that they can't see or think beyond their noses!! Totally unconstitutional and illegal...they just want everyone to be aware of how much they despise him (Trump) as if we didn't already know!! As we used to say "What knuckleheads"!!

  • Vernon Doria

    02/05/2021 05:30 PM

    The Constitution states....."The Senate shall have the sole power to try all impeachments. When sitting for that Purpose, they shall be on oath or affirmation. When the President of the United States is tried, the CHIEF JUSTICE shall preside." For that reason and that reason alone, since the Chief Justice is not presiding, there can be no impeachment. "And no Person shall be convicted without the Concurrence of two-thirds of the Members present." The word "And" ties together the fact that the Chief Justice must preside AND two-thirds of the members are needed to convict. Without the Chief Justice presiding, again, there can be no impeachment. What a waste of time and tax dollars.

  • Cucho Diaz

    02/05/2021 04:41 PM

    Chief Justice Roberts .....Because he is coward... So why not other judges..they are 8 more judges in the Supreme Court..

  • Gus Prokopis

    02/05/2021 04:32 PM

    Gov. I say if Chief Justice Roberts does not preside, the Republicans should not participate. What are they going to do, steal the next election from them. I saw plenty of Democrats walk out of hearings over the past few years and worst, tear up the State of the Union speech. You can not please these cry babies. Just stay out of their sandbox and let them destroy themselves.