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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 51-75 of 76

  • Sanford Winnerman

    02/08/2021 02:00 PM

    While watching the Super Bowl I was thinking that sports are the last meritocracy in America. It then occurred to me that the announcers weren’t calling Brady’s performance a result of white privilege. Then, reading you newsletter I see that is occurring. Perhaps KC should have been awarded 10 points in advance as compensation.

  • Linda Olds

    02/08/2021 01:58 PM

    I don't expect the democommies (or even some RINOS) to refrain from doing something 'just' because it's unconstitutional or illegal.

  • Woodie Stevens

    02/08/2021 01:56 PM

    Rev/Gov Mike.
    I am a big fan of yours & your daughter. Question:
    With all this lawlessness around our precious Constitution that James Madison sweat bullets writing....how do we get back to supporting it and writing the wrong of this election. How do we secure our precious Republic?

  • Joan Liska

    02/08/2021 01:55 PM

    Isn't it curious that the FBI knew in advance that rioters were conspiring to use the Jan 6th Rally to commit violence yet our chief law enforcement organization did NOTHING to alert the Capital Police, Congress, Trump, or anyone else that might have been able to change the course of events? Isn't it curious that Chief Justice Roberts convinced his entire court NOT to take up the Trump court cases that alleged the election was stolen. Isn't it curious that Bill Barr asserted there was no evidence of voter fraud when there was plenty of signs of election fraud appearing on nightly news? Isn't it curious that the election machines were hacked by (among others) the Chinese, a country who has dug its tentacles deep into our education system and our military industry? Isn't it curious that Feinstein and Swalwell are still in their powerful positions despite being infiltrated by Chinese spies? There is an undercurrent churning around beneath the DNC, the Progressive movement, our schools and our criminal justice department that is disturbing. Call me a crazed conspiracy theorist, but I sense that America is in deep trouble, particularly coming from China (though we mustn't forget Iran, Russia and North Korea). With a weak President Biden taking a machete (i.e. pen) to our fossil fuel independence and our border security and handing out federal trillions$ that weaken our economy, USA is going to go down for the count within two years and China will start a global war over Taiwan. By then the cost of fuel will be so high, we won't be able to drive our trucks to market, the stock market will tank and we won't be able to afford the cost of protecting anyone else let alone ourselves from a Chinese takeover. Forgive me, Lord, for being so pessimistic about our great country, but a foul wind has begun to blow.

  • Woodie Stevens

    02/08/2021 01:55 PM

    Rev/Gov Mike.
    I am a big fan of yours & your daughter. Question:
    With all this lawlessness around our precious Constitution that James Madison sweat bullets writing....how do we get back to supporting it and writing the wrong of this election. How do we secure our precious Republic?

  • jack macdonald

    02/08/2021 01:49 PM

    Putting things in perspective on the cost of impeachment trials. Let's say the average middle class taxpayer pays $10,000 in taxes. Mueller and company spend $40 million on the trial. For all intents and purposes that negates the contributions of 4000 taxpayers. Now, lets look at the damage when they squander $1Billion. You have now obliterated the contribution of 10' s of thousands of taxpayers. I pay approx. $6, 000 per year and that won't pay for 1 bomb we drop in Iraq. jm

  • Carol Wadley

    02/08/2021 01:44 PM

    Impeach Nancy Pelosi for violating the Constitution she swore to uphold.

  • Susan Priddy

    02/08/2021 01:38 PM

    Today's Bible verse is perfect! Thank you for opening your newsletters each day in such a way as to remind us who is really in control, and to whom we owe our allegiance.

  • jack macdonald

    02/08/2021 01:37 PM

    When will the American taxpayers, including the clueless lefties, get tired of their leaders squandering the money we and they send to Washington? We elect these foulballs to spend our hard earned money judicially and instead, they spend $40 million on Impeachment #1 and who knows how much the next one will cost. All this when we elected them to address actual issues. Can't a class action suit be filed for malfeasance and failure to employ their fiduciary responsibilities? Nothing but a gaggle of fools pretending to govern.

  • Robert Miller

    02/08/2021 01:36 PM

    Everybody I mention Donald Trump to says "he lied". I have yet to hear the Grievous lie and why it was a lie. Can you help? I'm not buying this until I hear the "lie" myself. I suspect these people are relying on the biased main stream media for their information and taking it hook, line and sinker. PLEASE HWLP ME, it's important to me.

  • Arlene Metrione

    02/08/2021 01:36 PM

    If Donald Trump goes to trail why not Nancy Pelosi and Maxine Waters? We all heard what THEY had to say to crowds! I just don't get it! Why isn't the Hunter Biden and family issue being pursued and someone prosecuted??? And Did this Virus really begin in China or the US only to end us in China? There are big companies making a lot of money of this virus and the fear it has imposed. Why are we letting people take over managing this country who want to destroy the past and recreate it to suit their agenda!

  • Robert Kellock

    02/08/2021 01:31 PM

    RE: Burn it all down

    The Internal Security Act of 1950, 64 Stat. 987 (Public Law 81-831), also known as the Subversive Activities Control Act of 1950, the McCarran Act after its principal sponsor Sen. Pat McCarran (D-Nevada), or the Concentration Camp Law,[2] is a United States federal law. Congress enacted it over President Harry Truman's veto.

    Other short titles:
    McCarran Act
    Subversive Activities Control Act of 1950
    Long title: An Act to protect the United States against certain un-American and subversive activities by requiring registration of Communist organizations, and for other purposes.
    Nicknames: Internal Security Act of 1950, Concentration Camp Law
    Enacted by: the 81st United States Congress
    Effective September 23, 1950

    Nation of Law and Order?!

  • Jim Thomas

    02/08/2021 01:26 PM

    Wow! After reading your newsletter today I can only say that, while I thought that a lot of people had a severe case of TDS, they pale in compatison to your DDS - Democrat derangement syndrome.

  • Ray Cowden Witter

    02/08/2021 01:02 PM

    This is Impeachment is even more ridiculous that the First Impeachment.
    Also, the personal hated of another human being for only political reasons is grounds for Impeaching those who hate. This is a violation of our Constitution. I suggest that we consider Impeaching Rep. Nancy Pelosi.
    Warm Regards,
    Ray

  • Don Frix

    02/08/2021 12:59 PM

    Perfect!!

  • Pamela Furrie

    02/08/2021 12:53 PM

    Not only is Raskin’s demand and conclusion chilling it is threatening! Now that’s an attack and he should be impeached and/or disbarred. And wherever he got his law degree, the school should ask for it back. People are so sick of these intimidation tactics by Democrat politicians. Not only are they attacking President Trump, but people who worked at the Whitehouse. So back to the IRS coming after Conservatives AGAIN! Democrats want Authoritarianism. In the United States of America! Mike, make them stop please.

  • Richard Thompson

    02/08/2021 12:50 PM

    So governor, please tell me when are they gonna impeach Biden on evidence found on Hunter’s laptop? No one is above the law.

  • James R Reim

    02/08/2021 12:46 PM

    Well said. Great writing Governor. Keep it up.
    Also, what of "Absolute Proof"? Sounded excellent to me.
    Shall I call my state rep.?

  • Beverley J Martin

    02/08/2021 12:42 PM

    Thank you Mr. Huckabee for putting into words exactly how I feel. How can these people, elected by WE THE PEOPLE get so far off base- for GOD’s sake GO BACK TO THE WORK OF RUNNING THIS COUNTRY AND STOP THE CRAZINESS ????????

  • John D Adams

    02/08/2021 12:38 PM

    Dear Governor,
    My comment is geared toward the Mike Lindell documentary. You made a lot of comments on a Time Magazine article that gave a slap on the wrist to the left. However, you made no comment about the hundred of pages of computer interference, that was shown at about the one hour, thirty five minute mark. Even if you are highly skeptical of Mike and any of the others featured during this program, doesn't the hacking into county elections deserve some study and follow up. By not reporting on it, you are saying Mike is totally wrong and the reports during that segment are all fabrications. However, many thousands of people are asking for someone to at least follow up. Does not one person on your staff have an hour or two to make some inquiries?

    Thanks,

    John Adams

  • Ida Faye Gibson

    02/08/2021 12:29 PM

    Trump ought to be the President. The Facts show his votes were stolen! They are just mad that they got caught with their hand in the cookie jar.
    Those Socialists who set him up with this ought to be charged with TREASON, and shot or deported to China! See how that works out!

  • Carl T Smith

    02/08/2021 12:28 PM

    In the spirit of harmony during Black History Month I find MLK's own quotes very appropriate:
    I have decided to stick to Love. Hate is too great a burden to bear.
    Nothing in all the world is more DANGEROUS than sincere Ignorance and Conscientious STUPIDITY.
    Emphasis added by me.
    Think the so-called media could learn anything after 53 years?

  • Jim Lyon

    02/08/2021 12:28 PM

    It has occurred to me that it's not Trump that the dems hate, it's everybody that's not a dem.
    I believe that if Jesus Christ was elected prez, the dems would impeach Him. Sad.

  • Bobby Allred

    02/08/2021 12:23 PM

    This second impeachment of President Trump comes from the same place that the first one did, Pelosi’s diseased mind and from her irrational and unsane hatred of President Trump. She is the one that should be impeached for mental illness.

  • Gary French

    02/08/2021 12:11 PM

    If Trump is being tried as President, then impeachment must be presided by Roberts.
    If Trump is being tried as a citizen, then impeachment is out. He has to be tried as a citizen
    Read the Constitution on this. President impeachment HAS to be presided by Chief Justice Roberts not by some Senator, etc.
    Not positive, by pretty sure of this.