Impeachment Trial Constitutionally Acknowledges that Donald Trump is President of the United States
Justin Haggerty | The Daily Knight
Congress's impeachment trial of Donald J. Trump confirms that he is the lawful and constitutionally valid President of the United States. If that assessment was incorrect, Congress would have no appetite or political use to convict a former head of state; and yet, the legislature remains overly concerned about the "power" and influence of a President who their caucus claims no longer holds any authority or office in the federal government.
The truth is, President Trump was duly re-elected by the American people, receiving an upward of 80 million votes, the most votes in U.S. History. Congress unlawfully and unconstitutionally certified an election that was molested by rampant voter fraud, violation of state election laws, and foreign interference. Now, that same Congress which closed the door on transparency and justice, commences an impeachment trial on par with the revolutionary National Convention's trial and murderous execution of King Louis XVI in Paris on January 21st, 1793.
By reason, the commitment lacks basis for embarkment. If President Trump lost the 2020 election, then why would the left be afraid of a "former" President with a supposedly "smaller" political base? If the Democrats are concerned about a future presidential run in 2024, the left's claim that President Trump "lost" the election by 7 million votes loses gravity. To their confidence and logic, wouldn't Biden win again?
In consequence, an impeachment conviction would ultimately bar the President from running for office again; more significantly, it would prevent the President from returning to office period, even if the legislature and judiciary corrected the results of the 2020 election. Therein lies the malicious motive for the impeachment.`
The framers of the constitution designed impeachment to be a check by the legislative branch on the executive branch. As there is only one executive of the United States, and not contemporized with previous executives, the impeachment trial convalidates the second term of President Trump.
Alexander Hamilton, one of the most prominent framers of the U.S. Constitution, wrote in The Federalist "No. 66" that "an absolute or qualified negative in the executive, upon the acts of the legislative body, is admitted by the ablest adepts in political science, to be an indispensable barrier against the encroachments of the latter upon the former," for which it "be contended that the powers relating to impeachments are, as before intimated, an essential check in the hands of that body, upon the encroachments of the executive." Constitutionally, an impeachment can only be delivered upon a sitting executive, for such an encroachment, as Hamilton identified, cannot be delivered by or continued by a public servant no longer in office.
In preparation for the impeachment trial to be brought before the Senate, U.S. Supreme Court Chief Justice John G. Roberts Jr., who presided over President Donald Trump’s first impeachment trial, indicated reluctance to preside over trial. Senate Majority Leader Chuck Schumer, in an interview with The Rachel Maddow Show on MSNBC, stated that “it was up to John Roberts whether he wanted to preside with a president who’s no longer sitting...and he doesn’t want to do it.” The Chief Justice's choice to tread softly indicates to some of his stance on the constitutionality of the proceeding.
Former judge on the U.S. Court of Appeals for the 4th Circuit, J. Michael Luttig has asserted that a Senate trial after the departure of a sitting president would be unconstitutional. In an op-ed written for The Washington Post, Judge Luttig continues that "once Trump’s term ends on Jan. 20, Congress loses its constitutional authority to continue impeachment proceedings against him — even if the House has already approved articles of impeachment." He clarifies that the "Senate’s only power under the Constitution is to convict — or not — an incumbent president...at the time of his impeachment," citing Article II, Section 4 of the U.S. Constitution:
“The President, Vice President and all civil officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
Furthermore, the Constitution reads in Article 1, Section 3 that “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.”
The Constitution couldn't be clearer on the matter, and yet, Congress presses on. A reasonable conclusion, based on the legitimate case against the integrity of the 2020 General Election, is that there remains deep rooted recognition, amongst the Democrats, that the election was flawed and resulted in the unlawful and unconstitutional certification of Biden. President Trump's base, including key private and political leadership, are continuing to push the issue, investigate, and seek avenues in the state and federal courts.
The fact that companies like Dominion Voting Systems and Smartmatic are filing multibillion-dollar lawsuits against Trump lawyers and news outlets like Fox News, should worry Democrats. These court cases, in order to prove defamation and undue harm, bring the evidence and grievances into public debate. News outlets and social media will be watching closely.
Regardless of what happens during the impeachment trial, yet another erroneous and highly politically motivated one, the Senate will acquit President Trump. In the end it will be successful in doing three things; further divide America, embolden the right's base, and legitimize Donald J. Trump as the lawful and constitutional President of the United States.
In Christ Crucified and the Most Victorious Heart of Jesus.