President Donald Trump speaks to supporters at Joint Base Andrews before boarding Air Force One on Jan. 20, 2021.
In the upcoming Senate trial, former President Trump’s chief debate attorney David Schoen said he believes Democrats are using the impeachment process as a “weapon” against Trump to try to stop him from running for office again.
“This is politically weaponizing the impeachment process,” Schoen said in an interview with Fox on Monday (Feb. 1), “and I think it’s the most ill-advised legislative action I’ve ever seen in my Life. It’s tearing this country apart at a Time when we don’t need things like this.”
Scone said that first of all, impeaching a former president is an unconstitutional act. Second, the rioters initially planned to storm the Capitol just days before Trump’s speech, and a Senate conviction of Trump would set a precedent that could severely limit future political speech. Third, Trump has consistently taken a stand in condemning violence.
On Jan. 13, the Democratic-controlled House voted 232-197 to pass a single article of impeachment against Trump, accusing the president of inciting a “rebellion” that led to the Jan. 6 storming of the U.S. Capitol.
But Scone noted that Trump’s speech at the rally on Jan. 6 was protected by the First Amendment. He said, “Aside from the fact that the process (of impeachment) is completely unconstitutional, it’s a very, very dangerous path as far as the First Amendment is concerned, and any passionate political speaker would be at risk, and it goes against what we believe in for this country.”
Scone said Democratic lawmakers have repeatedly called for the impeachment of the president since the beginning of Trump’s presidency, and the trial is their latest attempt to target Trump and implement their agenda to stop him from running for president again.
“This is just undemocratic.” Scone said, “Can you imagine what a slap in the face this is to more than 75 million voters?”
“Fair-minded people would not support using the impeachment process and then trying to bar someone from running for office again.” He added.
The House impeachment process, which was completed in a seven-hour session on Jan. 13, has been criticized by Republicans as expedient and lacking due process. Meanwhile, the topic of whether the Senate trial, to be held Feb. 9, involves unconstitutionality has generated intense public debate among legal scholars and lawmakers.
Scholars who believe the trial is unconstitutional rely on an interpretation of Article II, Section 4 of the U.S. Constitution, which states, “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.”
According to their reading of the text, the scholars say that the impeachment is against a sitting official, and since Trump is out of office, the Senate’s jurisdiction (or power) to hold an impeachment trial expires at the end of his term on Jan. 20.
On the other hand, scholars who argue for the constitutionality of the trial say that the power of impeachment and the Senate’s jurisdiction need to be read in conjunction with Article I, Section 3, which states, “A judgment of impeachment shall not further extend to removal from office, and to disqualification from holding and enjoying any office of honor, trust, or profit under the United States.” This means that the consequences of an impeachment conviction include removal from office, and possibly disqualification from future office, but may not include any other sanction.
These scholars also argue that the argument for impeachment is supported by historical precedent.
The collated timeline of events on Jan. 6 has people breaking into the Capitol before Trump finished his rally speech. As the incident escalated, Trump took to Twitter continuously throughout that afternoon to call for peace and respect for law enforcement.
Following the incident, Trump denounced “violence, lawlessness and chaos” and said those who “infiltrated the Capitol have tarnished the seat of American democracy.
Later, the Justice Department and FBI also announced that they had charged the protesters who conspired to break into the Capitol in the days before the incident, a move by the judiciary that indirectly challenged most media claims that Trump’s Jan. 6 speech was an incitement to violence.
President Trump has been condemning the violence,” Scone said. Read the words of his speech. (He) called for peace. This (the break-in) has nothing to do with President Trump.”
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