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February 10, 2021
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Yes, that's our Quote Of The Day, from North Dakota Sen. Kevin Cramer.

Next, the “Republican” Hall of Shame:

Sen. Susan Collins of Maine

Sen. Lisa Murkowski of Alaska

Sen. Mitt Romney of Utah

Sen. Ben Sasse of Nebraska

Sen. Bill Cassidy of Louisiana

Sen. Pat Toomey of Pennsylvania

These are the "Republican" senators who joined all the Democrats to vote “yes” on the question of whether the “trial” of President Trump” is constitutional.

All but Sen. Cassidy had already voted, last month, to hold the “trial.” (Note: I will be placing quotation marks around the word “trial” when it comes to this thing, which is being presided over not by a judge but by a politician who's already on record that he WILL BE voting to convict and that others should do the same. There’s another term for this: kangaroo court.) Cassidy said later that the Trump team was “disorganized; they did everything they could but to talk about the question at hand.” TOWNHALL has a good analysis.

Attorney Bruce Castor's argument got low marks from Alan Dershowitz, who tweeted, "I have no idea what he is doing." I preferred David Shoen's presentation. Here's some good analysis at RedState.com.

Given that this is just a big fat exercise in political theater, I honestly don’t see why even some perceived oratorical shortcomings should change Sen. Cassidy's mind. No, I'm thinking it's more likely there's been some serious arm-twisting going on behind the scenes.

You've probably seen the montage of Democrat leaders such as Maxine Waters urging unrest in ways Trump never approached. If Trump can be impeached and tried over language his political enemies choose to interpret as "incitement" --- it doesn't meet the legal definition --- then these folks can be, too, for what they said over the Antifa and BLM "Summer of Love," and a much better case can be made. (And, hey, they're still in office.) Will they think about that? No.

Sen. Sasse is said to have presidential aspirations for 2024. It’s hard to imagine someone this tone deaf even being considered for President. Worse, I hate to think that someone with this little regard for the Constitution would be considered as presidential material at all.

In fact, according to THE EPOCH TIMES, Sasse is facing growing pressure from the Republican Party in Nebraska.

In Sarpy County, Nebraska’s most populous Republican-majority county, the local Republican Party has now voted to join the GOP in two other Nebraska counties in an earlier effort to condemn Sasse, as reported in the OMAHA WORLD-HERALD.

The votes of these 6 GOP senators won’t make any difference in the final outcome of Trump's "trial," as “conviction” requires a “yea” from 67 senators out of 100. At least 17 Republicans would have to vote to “convict.” (Note: we’re using quotations marks around “convict,” too.)

In the House, Liz Cheney of Wyoming is facing a huge backlash as well. Florida Rep. Matt Gaetz has already traveled to Cheyenne to rally against her. “The truth is that the establishment in both parties have teamed up to screw our fellow Americans for generations,” he said. “Now, in Washington, DC, the private insider club of Joe Biden, Mitch McConnell, Mitt Romney, Nancy Pelosi and Liz Cheney, they want to return our government to its default setting –- enriching them, making them more powerful at our expense. But we can stop ‘em, and it starts right here in Wyoming.”

Donald Trump, Jr., said he would go to Wyoming as well to campaign against Liz Cheney. “It’s time to have a change at the top,” he said. “It’s time to have people who are going to start representing the people, not their own agenda, not their own nonsense, but their constituency.”

House Democrat impeachment managers, led by Rep. Jamie Raskin of Maryland, argued in the Senate that not trying President Trump for what they allege he did in January, right before he was going to leave office, was creating a “January exception” to the Constitution. “...You can suddenly do [it] in your last few weeks in office without facing any constitutional accountability at all,” he said.

I guess that was enough to change Sen. Cassidy’s mind about voting to go ahead with the “trial,” but all it did was show that he and the others are just willfully obtuse –- they know good and well that this is all stagecraft.

In fact, speaking of stagecraft, the Democrats were ready with a highly-produced (likely by some Hollywood friends) 14-minute "movie" that edited Trump's words and intercut them with violence to make it look as though these were related. Very deceptive and manipulative. Attorney Shoen went on Tuesday's HANNITY to blast this.

Trump attorneys told senators (while Sen. Cassidy was apparently taking a nap), that there's a way to deal with FORMER Presidents who are alleged to have committed “high crimes and misdemeanors” while in office. You treat them like any other private American citizen alleged to have committed crimes: you get an arrest warrant, go out and arrest them, charge them and put them on trial. It's a real trial; senators don't get to make up the rules. The prosecution has to put on a real case with documentation and witnesses. (Note: the House did nothing of the sort in their slapdash impeachment of Trump.)

If the prosecution has no evidence, the judge dismisses the charges. If there is evidence, the judge proceeds to trial, in which a jury (not a bunch of partisan politicians) typically renders the verdict. Then, if found guilty, the accused must pay for their crimes. They might go to jail, or there is punishment in the form of probation, fines, etc. This would put an end to their political careers as well, which, as we all know, is the goal of this Senate “trial.”

Wait, I spoke too soon. If you're a Democrat, it's not that much of a deal to be convicted of a crime and come back to be, say, mayor of Washington, DC. Mayor Marion Barry served prison time on a cocaine conviction and was re-elected after being released. I digress.

Actually, I'm extremely proud of President Trump and his attorneys for the presentation they gave on Tuesday. These attorneys arrived late in the game; recall that another law firm had been intimidated into dropping the case. Of course, it didn’t matter what Trump's attorneys said; the vote to proceed to the "trial" was pre-ordained.

Sen. Rand Paul had already introduced a point-of-order resolution to preemptively declare the “trial” unconstitutional, but it didn’t get to a vote, as it was immediately tabled by Senate Majority Leader Chuck Schumer. That was on January 26, the same day the Senate voted to to move ahead, 55 to 45.

Louisiana Sen. John Kennedy has it right: ‘I think the constitutional defects of this --- both in the House and Senate --- are overwhelming,” he told CNN before the opening arguments. “You don’t have to be Judge Judy to see the constitutional defects.” That’s why I figure that the Democrats see them, all right. They just ignore them.

Tyler O’Neil at PJ MEDIA has some good observations.

He’s also done a great job of concisely laying out the arguments Trump’s attorneys are making in his defense. These were included in their brief filed Monday.


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Comments 1-25 of 106

  • Billy Glosson

    02/11/2021 11:00 AM

    I think it's a shame to have so many gutless Republicans that give into wrong verses right. That doesn't even compare to what I think of a group of senators and congressman that are more concerned with wasting time and money when they've spent the last four years overlooking their on shame, waring against programs to help America in order to win an election ,all because of their greed and hatred against Donald Trump. Do I agree with everything about President Trump...No but I am looking evil right in the face in Washington and I am amazed at the people that can't even see it.

  • Robert Moore

    02/11/2021 10:17 AM

    Thank you for this review of day 2. I can find no similar report in my inbox. Very much appreciated.

  • Beverly Francolino

    02/11/2021 10:11 AM

    Thank you for this! I could not watch the Pres.’s legal team ! I would have gone crazy! So unplanned and inappropriate! They made it “Their Story”! Not the Case before them! They don’t deserve payment!

  • STEPHEN CHOATE PLACE

    02/11/2021 10:09 AM

    SINCE WHEN DOES THE SENATE JUDGE WHEN SOMETHING IS CONSTITUTIONAL? ISN'T THAT EXCLUSIVELY THE JOB OF THE SUPREME COURT?

  • Mark Giglia

    02/11/2021 09:56 AM

    Gov Huckabee, when Congress conducts unconstitutional impeachments is there a judicial remedy? This is the second unconstitutional impeachment the Democrats have conducted and there seems to be no remedy to stop them.

  • Susan Priddy

    02/11/2021 09:49 AM

    Good morning! First, thank you again for the "daily briefing." I'm not a big fan of Twitter, Facebook, etc., so I appreciate your articles coming safely to my inbox each day. In your last, you had an article on LifeSite news, and there was to be a link. I can't find the link. Please enlighten.

  • Elsie Holliday

    02/10/2021 10:32 PM

    Governor, here’s my question for you. Can you explain to me how the liberals can get away with lying, backing rioters, bailing rioters out of jail, trying to impeach President Trump, second time unconstitutional, and the list goes on. Everyone keeps tell us not to do anything while it just keeps getting worse. They got away with this crooked election think what is going to happen in the next. We can’t count on the republicans as they stab us in the back just like they did President Trump. You said no third party, we have nothing but lying, thieving crooks telling us what to do while they do the exact opposite and are getting rich and in two years we aren’t going to have a country. They’re tearing down everything President Trump did including letting in all illegals and we pay. Please explain to me how they can do what ever they want, it’s like we only have liberals no republicans. Either they’re getting paid off by soros and Obama or they’re afraid of them.

  • Kelley Mitchell

    02/10/2021 10:31 PM

    I am from Louisiana and very disappointed in Senator Bill Cassidy. He does not represent mine nor our country’s best interest. To even give credence to this “show trial,” reminds me of a distant Germany.

  • Mike Westphal

    02/10/2021 10:26 PM

    I thought that the supreme court interpeted the constitution not the senate. Where are the checks and balances?

  • G.Rusty Clawson

    02/10/2021 09:52 PM

    Mike I have followed you for several years, I am within months of turning 80, never in my life have a group of elected officials as the Democrats tried to turn the US into a Communist Satellite of China.
    I voted for President Trump both times and contributed what I could to his elections.
    It is with a feeling of impending doom thinking of what will happen to our Country with these people in control!
    We are being led by a ship of fools that is missing the rudder and a competent Captain.
    Keep the great work going

  • Jean Crouse

    02/10/2021 09:29 PM

    I have a question. If you are a elected official (House/Senate) and they take the oath of office to uphold the Constitution of the USA and they ignore the writings of the Constitution and write their own interpretation, such as this Impeachment and it's costing the American taxpayers. Isn't that a act of breaking their oath of office. The Constitution is very clear and many of them have broken laws in regard to the Constitution. So, how does that work??????

  • Judy

    02/10/2021 09:28 PM

    Please tell Trump to get Peter Navarro, Matt Gaetz and Mike Lindell's movie Absolute Truth out on Senate floor for a decent defense.

    And talk about Trump running for govenor in Calif to replace Gavin Newsom please.
    Thank you and love your show!
    Judy in California

  • rita

    02/10/2021 09:15 PM

    thank you. well said

  • Liz Rome

    02/10/2021 08:31 PM

    Yes- the "trial" is a sham show. BUT--ever since the House vote, I have been saying its a cover-up for all the damage Biden is doing by executive order. WE-conservatives-can't stop watching +speaking out. More importantly can all of us readers who love your thoughful analysis discuss what Tucker Carlson outed on Feb 10: that poor policeman Brian Sitnick didn't die froma hit with a fire extinguisher-that 4 others died from heart atacl/stroke. That FBI knew before but Pelosi denied request for help etc. etc. I pray eventually more people will hear the truth.

  • Joe Pinnell

    02/10/2021 06:37 PM

    The most stupid if all, that Senator Cassidy needed to be "persuaded" to understand that this impeachment was unconstitutional. No decent intelligent man needs any persuasion on such matters.

  • Lamar Gilbert

    02/10/2021 06:37 PM

    Keep up the good work, and get your daughter into the Governor's office. If I lived there I would surely vote for her.

  • Helen ziller

    02/10/2021 06:17 PM

    I really appreciate your newsletter and i love your show. As you saidit is time to start having representatives that are for the people not their own agenda but how? I wish there was a way to have term limits for Congress . They might be more responsible.

  • Carl Serkland

    02/10/2021 05:56 PM

    I thought that SCOTUS was the authority on judging Constitutionality. This is the same Senate that has decided that "an amendment in the nature of a substitute" is as neat way to bypass Article I, Section 7's restriction on bills that may originate in the Senate. (See Constitutional Record, 11/19/2009, SA 2786 to HR 3590, which changed the "Service Members Home Ownership ACT of 2009" to the "Patient Protection and Accountability Act", but retaining a House Bill number to maintain the fiction of it being a House bill. Harry Reid, for violating his oath of office by introducing this wolf in sheep's clothing, Nancy Pelosi, for violating hear responsibility as Speaker and her oath of office, bypushing it through the House by convincing the majority of the House (Democrats) to violate their oaths by even allowing it to come to a vote, And Barack Obama, (the alleged Constitutional Scholar), for signing it into law, should ALL be impeached (retroactively if necessary, since that is now a thing). Suggested penalties on conviction: (1) expelled from any office they may now hold, (2) barred from future elected office, and (3) forfeiture of all future pay, benefits, allowances, and/or honors, including the use of the title "the Honorable". Any member of Congress who voted FOR Obamacare should be censured for failing to know enough about a bill they voted for to KNOW it was Unconstitutional. They AND their staffs should have looked at the legislative history and seen the problem.
    Also, someone should bring it back to SCOTUS for their consideration of this argument -- and since they forgot to put a severability clause in the 5 reams of the Senate's bill, one fault makes the entire bill invalid, and health care law returns to what it was in 2009. This also removes the signature accomplishments of both Pelosi and Obama. Do I hear the sound of a tiny violin playing a sad, sweet, song?

  • Lisa trexler

    02/10/2021 05:47 PM

    Could you make a list of financial organizations that are pro-consitution and pro conservative. I have seen your list of businesses that are pro- American. Such as Cracker Barrel and my pillow. I am in the process of no longer using credit cards such as Bank of America and would like to know which companies do support "We the people".

  • Steven Peet

    02/10/2021 05:35 PM

    Regarding the Senate's determining the constitutionality of the impeachment "trial", isn't that kind of determination the province of the Supreme Court? What's going on is not unlike a naughty child determining that it's pranks constitute good behavior.

  • Joann ulm

    02/10/2021 05:33 PM

    I dont understand how the democrats can bend and break all the laws and not get fired . Is every government person on the takeand owned by the clinton china foundation.? We the people have no voice. The (*United) States is gone. Broken hearted American.

  • jack macdonald

    02/10/2021 05:04 PM

    I am watching Eric Swalwell distort and lie about Jan 6. He made a point of stating that the first person to enter the capital was carrying a Trump flag. Anyone can carry a Trump flag and he knows it. He is purposely exploiting this by purposeful exageration and lying,. Also, if the Capital police and the people who are supposed to provide security had prevented this whole issue by not alllowing entry. Not Trump's job to secure Capital complex. That would be Pelosi's job!! This whole thing is a joke and yet another hoax being perpetrated on the public. The deep state stinks. jack

  • Dee Monte

    02/10/2021 04:55 PM

    Mike,
    You mentioned the other law firm was intimidated to bowing out. Not surprised. For 4 years the Dems used that tactic (Look at General Flynn) They are dirty tricksters. I'm wondering how many senators who were originally going to contest the election were also intimidated/threatened.
    These people are really sick with vengeance. I laugh when i hear folks say Fraud Crimden won fair and square give it up. I know a party that didn't give up that Trump won fair and square in 2016 and election they lost because their rigged machines failed them as they did in 2020 but this time they had their mail in ballots for back up. This whole thing is a farce and a waste of our time and DJT's. Not to mention a disgrace!

  • Thomas Roper

    02/10/2021 04:50 PM

    I hope the people that these traitors "represent" take note.

  • FLORENCE ROSS

    02/10/2021 04:48 PM

    Mike: Why are unconstitutional decisions made by those in public office to uphold same, are
    blatantly not doing precisely that and getting away with all this nonsense?
    When will anyone retaliate?
    We need impeachments all right but it is the other way around.
    When do we make an end?