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February 8, 2021
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As baseball great Yogi Berra said, “It’s deja vu all over again.” Didn’t we already go through a Trump impeachment trial? Gosh, time flies; that was a little over a year ago, when we should have been focusing rapt attention on more important things, such as a tiny virus making its way from Wuhan, China, to America, during the early stages of a growing pandemic.

But nothing is as important as attacking Donald Trump. For that, everything that normally would be on the agenda must be set aside, as if nothing else is happening in the world. A virus doesn’t put itself on hold.

Well, Trump-haters can’t go much longer than a year without impeaching and trying him all over again, even when he’s no longer in office, so settle in for “Trump's Impeachment Trial: the Sequel.” And, again, we have the virus, only now it’s full-blown and even mutating. This time we also have the looming prospect of unchecked immigration (as Americans are still masked-up to “stop the spread” –- makes no sense) and el presidente de Mexico getting ticked-off about invading Guatamalans, thanks to Biden’s insane new border policy. Still, everything going on in Washington DC will be tabled, probably for about a week, as they pull out all the stops to remove a President who is already gone.

Wisely, Trump won't participate in this charade at all. But as we reported last week, House Impeachment Manager Jamie Raskin of Maryland wrote him to call for his testimony under oath during the proceedings. In an unbelievable letter, he let Trump know that if he didn’t testify, his refusal to do so would be used against him by senators to assume guilt.

"If you decline this invitation,” Raskin wrote, “we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on Jan. 6, 2021.” Um, has Raskin not HEARD of the Fifth Amendment? They don’t have such a right.

Smarmy California Rep. Eric Swalwell pulled a similar stunt during the first impeachment, when he said Trump’s citing of a defense such as privilege to avoid handing over documents should be taken as evidence of guilt on the underlying accusations. Swalwell, who is not above cozying up to Chinese spies while sitting on the House Intelligence Committee, has long demonstrated that he will repeat any lie and violate any principle for the sake of his party.

Anyway, legal expert Jonathan Turley, in a piece for FOX NEWS that appeared over the weekend, said that this idea of inferring guilt “contradicts not just our constitutional principles but centuries of legal writing.” He called the letter from Raskin “extraordinary and chilling.”

Turley rejects the idea that many have spouted that an impeachment is a political process, not a legal one. It’s simple even for a layperson like me to see why. If there were no legal moorings whatsoever, legislators could treat their “victim” virtually any way they chose. If something as basic as the Fifth Amendment isn’t to be taken seriously, we really are in banana-republic territory.

Yes, these are politicians –- first and foremost --- but as Turley pointed out, they are also bound by oath to abide by the standards and procedures laid out by the Constitution for impeachments. In other words, the accused do have rights, and the Senate doesn’t get to throw those rights out the window. They’ll sure try, though. As Turley put it, “No principle seems inviolate when it stands in the way of a Trump prosecution.”

“This is not a political exercise,” he said. “This is a constitutional exercise...It would make this process a mockery if, in claiming to uphold constitutional values, members like Raskin destroy the very foundation of constitutional rights.”

"It is true that this is not a criminal trial,” he said. “It is a constitutional trial. As such, the Senate should try an accused according to our highest traditions and values. That includes respecting the right to remain silent and not to have ‘inferences’ drawn from the fact that (like prior Presidents) Trump will not be present at the trial or give testimony.” Turley also cited decisions in two cases that make it very clear how important the Supreme Court thought this was, and he showed that Congress has historically amplified this right in the wording of laws it has passed.

He closed his piece with a zinger: “This is not the first time that reason has been left a stranger in our age of rage. There appears no price too great to pay to impeach or prosecute Trump. Now, the House is arguing against one of the very touchstones of our constitutional system and legal experts are silent."

Well, most legal experts. Fortunately, there are a few, such as Turley and Alan Dershowitz, who brave the tide of cancel culture and speak out for the Constitution. But this is rare.

For example, it certainly would have been helpful if Chief Justice John Roberts had commented on his decision not to preside at the trial. Perhaps, as I’ve speculated, he reasoned that his non-action should speak for itself. All right, Justice Roberts, it tells me that you think the so-called impeachment trial of a former President is not part of your constitutional duty and is, in fact, not a real trial. So far, they certainly haven’t been conducting it as one, and I don’t expect that to get better. One clue: Sen. Patrick Leahy is officiating.

For readers with a premium subscription to THE EPOCH TIMES (highly recommended), Jack Phillips has a good commentary on Turley’s concerns.

Finally, as we await Leahy’s opening gavel, evidence continues to grow that the “insurrection” Trump is accused of “inciting” was planned well in advance, with some activity going back as far as November and accelerating after Christmas. They used social media to set up training, case locations, identify commanders on the scene, and request cash in addition to combat and communication gear. John Solomon says that over half a dozen have already been charged for conspiracy to commit violence because of activity predating January 6.

Because of the established timeline, we already knew that the people involved in the incident were already at the Capitol Building, far away from Trump, and weren’t even hearing his speech.

Two questions: 1) How much did the FBI know about this plan in advance of the Trump rally? And, 2) is it even possible --- is it in their DNA --- for Democrats (or at least the ten Republicans going along with this circus) to realize and admit they were WRONG? As Ken Starr said, “[House lawmakers] made a huge, colossal mistake. So walk back, and apologize to the former President, apologize to the American people [saying] that ‘I never should have voted in favor of this without the benefit of all the facts. I rushed to judgment.’”

Don't look for anything that sensible to happen. As Yogi Berra also said, "The future ain't what it used to be."


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Comments 1-25 of 76

  • Lynn Thompson

    02/11/2021 06:23 PM

    Why didn’t the Republican Party , refuse to participate in this circus! I truly am under the belief , we as Conservative Republicans do not have any support without TRUMP fighting for us!

  • Richard Stotlar

    02/10/2021 09:30 AM

    We should impeach Biden for not following the immigration laws and placing this country in grave danger with his open door/border policies and turning the USA into a sanctuary country.
    The fake Republicans who cajole the Democrats are helping to drive this country further left. Ben Sasse, Liz Cheney and Romney should just join the socialists democratic party or just quit and go home. They think that by siding with the democrats they will get something in return. It won’t happen. As far as President Trump is concerned this whole exercise of impeachment is a political charade. Why am I paying tax $$$ for these self righteous liars to waste time and $$$ on this worthless exercise? Why aren’t the focused on creating jobs, supporting small businesses, the economy, keeping the country safe by following the immigration laws and getting out the vaccine. Congress loves to regulate and stifle the economy so why don’t they start with the social media communist oligarchs? They are out of control.
    Guess what I am 66 with asthma and still can’t get the vaccine? It has been 8 weeks since it came out and these local democrats in Pima County AZ are still fumbling around. In-N-Out burger or Chick Filet would have done a better job of implementing the inoculations. President Trump in my opinion was the best President in my life time who put the American people first. No one yet has explained to me how Biden got 80 M + votes? Really? Joe Biden’s policies are a disgrace and he and his team of socialists have done “0” to help the American people and or this country. Name one of his policies that make sense? Please help me with this last ? so I will feel more secure and hopeful. Thank you for your news letter and I really appreciate your leadership and patriotism. God bless you and your family. Your daughter Sarah is a Champ too.

  • Patrice Jordan

    02/10/2021 03:09 AM

    Common sense, reasoned thought, it is so very refreshing! Why is it that you make so much more sense than almost all our government, those elected and those appointed, on their best days?

  • Dusty

    02/10/2021 01:00 AM

    Scary what we now face on what is happening in our communication area of being not able to speak out for some type of attack per your job, and even your now credit card co is giving out your info without turning their heads on WHY? FB shut me down about a month or so before the election over stupid comments not anything to hurt anyone ? Not able to call Miss Pelosi Botox face and I said Biden had some type of Dementia. For this they FB said I was using abusive language because it did not fit their agenda and control of Conservatives ? How many were actually shut down? We see the attacks for even trying to dispute the election results of Pres TRUMP WHY? If nothing is wrong anywhere then WHY are so many adamant. See latest TIME article on what was the real truth from the Big TECH, billionaires who owe their souls to China, and what might have happened to help TRUMP lose. Pillow guy Lindell never bought one of his pillows but I support his right to have a business here in the USA not in China and the people he has employed. Now attacked by many two of who I now will no longer shop Kohls and Bed bath no longer carry his product and many others and on TV WHY per he is questioning and has evidence of possible irregularities and possible Hacking? I did not watch his one special on OAN I know what he is finding is no doubt true? Like Glenn Beck when he had a lot of evidence on Biden and son in Ukraine and what was done by the VP to shut down TRUMP and for money to be made as well in China was also found. Not even Fox or the Republicans in Congress bothered to ck this out and question but WHY NOT? All the Russia investigation and nothing on TRUMP and or his people as involved. SCAM set up by what is now said per Durham on who set up this false Dossier and no one is to be going to jail he did these lies. Get this TIME article on what was set up to try to take down Pres TRUMP unbelievable I cannot even begin to talk on the facts they presented NOW way too late? TIME who years ago I CX per so liberal. Do they possibly have some reporters who want to now tell the truth and not support the big corp who are rich off of CHINA? Today can we now trust our own FBI and what has went down and our JD and see who Biden has in there now. Good luck ? Now we can hope there are a few super billionaires who are not willing to go along with what the TECH silicon has done and let the whole truth be said not what CNN and MSNBC try to SCAM? Now IMPEACH and I am not watching any of this latest scam. Attacks many of the Democrats have made on Republicans since TRUMP won and the support of the riots and protection offered even per the latest VP Harris. Open our borders to many we have no idea of a virus or drug Cartels in these groups and see a Democrat yesterday attacking TRUMP and his son has died of drug overdose? Are these people for real or had some type of lobotomies . Big business wants the low pay help as they try to get $15 for workers when businesses say okay but then I have to keep less people working. Where do those not able to work go then? So much now within this month set forth per this Senile President and continues? WHY? Some say this is evil and I heard a radio guy say yesterday Atlanta Station that he believes the Democrats many are to be feared they are EVIL. Not an exact quote but what he believed as religious man.

  • Richard James Burge

    02/09/2021 04:39 PM

    I am watching the beginning of impeachment 2.

    Democrats have peddle to the Medal and they're not lettin' up.

    Republicans are lightly stepping on the gas and talking about the constitution.

    Democrats stopped paying attention to the constitution a long time ago.

  • Catherine Haenze

    02/09/2021 03:09 PM

    Less and less of the "news" is balanced. Have you yet heard: "Yes, that happen that way, and here are the total facts showing the truth. EVERYTHING coming out of reporter's mouths is slanted and to be read with a grain of salt: especially if it is politics, or can be skewed for what the reporter thinks, been told to say, or just doesn't like the person he is giving "report" about. I watch and read the news, but am always wary of comes through the radio or TV.

  • Robyn Maslowe

    02/09/2021 02:33 PM

    President Donald J Trump is my President!! Thank you for what you do and say for our Country. The USA is in trouble. We vote for Republicans and they do not stand up for We the People. May God help us in this dire need before we become a socialist nation. As a military family, we have fought to keep our nation Free. The Demonkrats are trying to take away our rights and our freedom. It is a sad day but we are trying to keep our faith. God bless you and your family.

  • Richard James Burge

    02/09/2021 12:45 PM

    Republican talking heads keep making the mistake of thinking Democrats have common sense, THEY DON'T, so get over it. It's about control, not common sense. Anyone with functioning brain cells knows this

  • Richard Stotlar

    02/09/2021 12:24 PM

    We should impeach Biden for not following the immigration laws and placing this country in grave danger with his open door/border policies and turning the USA into a sanctuary country.
    The fake Republicans who cajole the Democrats are helping to drive this country further left. Ben Sasse, Liz Cheney and Romney should just join the socialists democratic party or just quit and go home. They think that by siding with the democrats they will get something in return. It won’t happen. As far as President Trump is concerned this whole exercise of impeachment is a political charade. Why am I paying tax $$$ for these self righteous liars to waste time and $$$ on this worthless exercise? Why aren’t the focused on creating jobs, supporting small businesses, the economy, keeping the country safe by following the immigration laws and getting out the vaccine. Congress loves to regulate and stifle the economy so why don’t they start with the social media communist oligarchs? They are out of control.
    Guess what I am 66 with asthma and still can’t get the vaccine? It has been 8 weeks since it came out and these local democrats in Pima County AZ are still fumbling around. In-N-Out burger or Chick Filet would have done a better job of implementing the inoculations. President Trump in my opinion was the best President in my life time who put the American people first. No one yet has explained to me how Biden got 80 M + votes? Really? Joe Biden’s policies are a disgrace and he and his team of socialists have done “0” to help the American people and or this country. Name one of his policies that make sense? Please help me with this last ? so I will feel more secure and hopeful. Thank you for your news letter and I really appreciate your leadership and patriotism. God bless you and your family. Your daughter Sarah is a Champ too.

  • Douglas Soutar

    02/09/2021 10:44 AM

    Good summary of the many flaws in this impeachment proceeding. The evidence available so far doesn't support a riot, doesn't support an insurrection, and doesn't support incitement. It shows on the contrary that the attack on the Capitol Building was preplanned by forces on the Left hostile to Donald Trump, including Antifa and BLM, that the attack started at least 20 minutes before he finished speaking at a location 45 minutes away from the Capitol, and that the attackers were dressed like thugs and wearing Trump caps and carrying Trump flags in a classic "false flag" operation. The violence was carried out only by the leftist forces.

  • Peter Tentis

    02/09/2021 09:20 AM

    Trump is to keep the support of the democrap base. This is about intimidation of future Trump like candidates.

  • Mary Bates

    02/09/2021 08:29 AM

    Ridiculous and a waste of precious time. President TRUMP- NOT GUILTY!

  • Pat Crunkleton

    02/09/2021 07:31 AM

    Very well said and my sentiments exactly!

  • TerenceJesmore

    02/09/2021 12:59 AM

    Aren't all members of congress/senate sworn to defend the constitution against all enemies foreign and domestic. That does still include the fifth amendment!. If they aren't going to defend the constitution how can they hold an unconstitutional impeachment. It would be nice to know how much Chinese Communist money each of them has received. Did not one of the newly elected democratic senators from Georgia have to return the money he got from China!
    My G-d do we need a Harry Truman these days in place of political hacks.
    Yes, I voted for Trump and will do it again! Yes while in Marine Corps I took the oath to defend the constitution against all enemies foreign and domestic
    Terence Jesmore
    GYSGT USMC Retired
    You Betcha I shot a few communist!
    We need to throw these phonys out shooting is to good for them. Let the people have representative not politicans!

  • Terrie O'Neal

    02/09/2021 12:31 AM

    If I didn't know better, I'd think the Lord had let all the crazy,evil,evil, e-vile all loose at once to
    try and take each and everyone of us DOWN. What they do not know is----music please- preferably
    the william tell overature- and a Hardy Hi Ho Silver- Away!!!!!!- the Lord will not be mocked AND he
    will not let evil win. I am interceding, and asking the Lord to clean out all the crooks, thieves and the large herd of Traitors!!!!! I am past ready for Justice!- however - I am not the one calling the shots------soooooooo- I will keep on keeping on - spreading the truth - so the cancell culture gets a coronary! Thanks for your sense of humor Mike amongst the Crazy Evil of the Swamp- which is
    running at warp speed in the state of Washington. Blessings to you brother! One short, scrappy Irish soldier with a very short but effective sword! (Personally signed by our Lord!) Now how do like those apples!!!!!! smile- Terrie O'Neal

  • Laura Harper

    02/08/2021 11:58 PM

    Greetings from the frozen northland. How is it that i have read in several articles that Biden's executive order to stop building the wall is illegal and yet no one has done anything about it. If indeed, the wall was funded and approved in the budget then how can one person change it? Also with our citizens being unable to work because of covid and having difficulty feeding their families and meeting their obligations, how can we possibly allow illegal immigration to bring in more disease and support them when we obviously cannot take care of our own citizens. Thank you for the newsletter and Scripture verses. God Bless you. Sincerely, Mrs. Laura Harper

  • Carol Mathews

    02/08/2021 11:11 PM

    The future isn't what it use to be and will never ever be "sane" again. I really did not think I could be as surprised as I have and am being. Knew this was in the making but really did think that Obiden would go slower but then he isn't in charge so fearing they lose in 2022, guess fast tracking is the plan. Trying to erase President Trump only keeps him in the forefront and in our minds so therefore, he only increases in statue rather than deminishing. The whole government is one terrible joke and Americans aren't laughing. Will it ever be possible to right the ship?????

  • Carol Mathews

    02/08/2021 11:10 PM

    The future isn't what it use to be and will never ever be "sane" again. I really did not think I could be as surprised as I have and am being. Knew this was in the making but really did think that Obiden would go slower but then he isn't in charge so fearing they lose in 2022, guess fast tracking is the plan. Trying to erase President Trump only keeps him in the forefront and in our minds so therefore, he only increases in statue rather than deminishing. The whole government is one terrible joke and Americans aren't laughing. Will it ever be possible to right the ship?????

  • Robert Jessup

    02/08/2021 09:24 PM

    Where did Republicans with backbone go? Try to imagine if even a handful of the men who were involved in creating our Constitution we’re in the GOP at this time. Would they wimper , run & hide like our GOP leaders have done? Hardly! The DC crowd seems to like the status quo, no matter where our country is headed. We voters need to drain the GOP swamp first & get new Republicans elected who will stand up for “we the people” who elected them to represent us, not those whose briefcases are full of $ & perks. Quit playing your games, & get to work...or get the heck out of the way, Republicans!

  • william p appelt

    02/08/2021 08:44 PM

    Mike,
    The more this Congress is in action the more it seems there is no sanity in sight.
    There is no accountability in the house(Congress) at all. Considering our three branches, when will some one stop this!!! No wonder the military in some countries have stepped in to restore power or worse become dictators. Either way, things are really out of hand. They must want the chaos, like bullies in the play ground picking fights to show their bravado. If another riot happens, we lose more rights, many people are convinced we are there now.
    In the meantime, Trump? How, when?
    We are hunkered down, here in CA, what else, safe, so far......
    Appreciate your updates, laughter helps, and hope(this is not our home, looking heavenward)!

  • Joyce Kanlan

    02/08/2021 08:31 PM

    PLEASE! First you listen to moron democrats “disappointed” about??Biden’s pipe line! HE TOLD YOU he WOULD, so did socialist Harris! Come on man! (2nd) ??Democrats above the law, double standard ??of NEVER being guilty(fast&furious,covered up Corruption in IRS,Covered up Terrorism in Benghazi,broke federal rules,used illegal personal server,placing America in a Vulnerable position) FOR STARTERS gladly ??& kill to prosecute a good man for NOTHING! “Planned” goes back to former obama,BIDEN,hope&change transformation! YEARS of eradicating Our Culture Values beliefs morals&way of American Life! WE ALL KNOW FBI, former Obama’s gangster Administration,FBI KNEW EVERYTHING from DAY ONE & NEVER IS ANYTHING done about it! Explain that, SOMEONE!????Continue to pray without ceasing for our former President Trump and our One Nation Under God!????????

  • James T. Schroeder

    02/08/2021 07:54 PM

    All of this makes the US look like a banana republic putting people on trial for any convenient reason. I am tried of this childish behavior on the part of our politicians. The Republican Party needs to go to war against the DemocRATic party and their behavior. They are evil baby killing and COVID killing people.

  • Calhoun Patricia A

    02/08/2021 07:40 PM

    President Trump is owed a full four years of his presidency because the Dumbocrats never stopped harassing him even before the inauguration! President Trump did more with all this foolishness against him than any president ever seated in the White House! Those people should be ashamed about their manipulation, lies, and standing for the murder of millions of babies ... mostly black (how do you feel about that, Black Lives Matter?) one day they will stand in the Judgment before a JUDGE Who can’t be bought off! Then what will they say!?

  • Jonathan Buff

    02/08/2021 07:06 PM

    I like your comments on the impeachment trial. I think this is very much a political circus. I disagree with with Senator Graham and think if this is what Democrats want call every witness they can find and drag this out indefinitely. I know they all should being doing more constructive things, but it is very clear that everything all the Democrats and Biden want to do and are doing is to destructive to USA.

  • Ed Thompson

    02/08/2021 06:00 PM

    “But wait,there’s MORE “!!! FOX News is being sued by the people who made or own the voting machines used to get Joe in office. Seems FOX upset them by reporting that they were faulty! I guess the forensic audit of the 20 or so in Michigan doesn’t matter and poor FOX should have done what NBC,CBS,ABC,CNN,MSNBC,etc and so on, did— say everything was great or even say nothing at all and make something up about unicorns flying around throwing money out to help pay for bad choices by children who went to college and majored in party doing and graduated with a diploma that if they add five dollars to, would be worth five dollars! But please pay for my stupid choices for college! After all, liberal art graduates are in high demand at—at— at— ??? Please! Keep blaming Donald Trump for everything! Impeachment of a private citizen?? Seriously?? Who’s next? You? Me? What ever happened to America? Joe’s doing a great job bringing everyone together! Yup— anyone wanna ride my unicorn? Ed Thompson— Pennsylvania! God help us all. Please!