You can’t read the Democratic “Trial Memorandum” prepared for the impeachment of former President Donald Trump without suspending your disbelief.
At every page, you will test your memory of events against the prescribed narrative of the impeachment managers, and you will have to surrender one or the other. Reality and the narrative are not compatible. To accept the case for impeachment, you will have to jettison reality.
On Page 1, the managers claim that “No President had ever refused to accept an election result or defied the lawful processes for resolving electoral disputes” until Trump. In fact, President Trump did not defy the “lawful processes for resolving electoral disputes,” but was actually engaging in them through his surrogates in Congress on the day when the Capitol was shamefully breached by thugs.
Challenging electoral college results is a process that has existed for nearly 150 years, and the president celebrating that challenge with a rally that was entirely lawful. The President neither incited the mob with his exhortation to “peacefully” and “patriotically” make their voices heard, nor did he stand to benefit in any way from the Capitol breach that ensued.
In fact, from a purely political calculation, Trump suffered grievous injury as a result of the breach because it resulted in disruption of what was intended to be a state-by-state recitation of errors and wrong-doings that called the election results into question.
The mob was Trump’s worst enemy. If Democrats had scripted a favorable outcome for the plan to challenge Joe Biden’s Electoral College victory, they could not have come up with a better scenario than the chaotic lawless attack on the Capitol to destroy Trump’s opportunity to prove he was cheated out of victory.
But, of course, the basis of the impeachment is the Democratic insistence that no matter what the evidence showed, Trump lost the election (Period!) and that therefore Trump raising questions was ipso facto “insurrection” (Period!)
Here’s the language from the Democrats’ trial brief:
“President Trump’s responsibility for the events of January 6 is unmistakable. After losing the 2020 election, President Trump refused to accept the will of the American people. He spent months asserting, without evidence, that he won in a “landslide” and that the election was “stolen.” He amplified these lies at every turn, seeking to convince supporters that they were victims of a massive electoral conspiracy that threatened the Nation’s continued existence. But every single court to consider the President’s attacks on the outcome of the election rejected them.”
Anyone who has studied the case knows that the claim there was no evidence of fraud is a bald-faced lie. Likewise the claim that the courts all rejected Trump’s arguments. Hell no, they just refused to consider them, in the same way that courts refused to hear evidence that President Obama was an ineligible candidate for a variety of reasons. In both cases, courts argued that the plaintiffs did not have standing and therefore were not allowed to make their case before a judge.
Let’s face it, the entire fake impeachment has one purpose only — an engineered effort to prevent Trump from running for President again. The Democrats know full well that it is inappropriate and unconstitutional to try a former president, who cannot be removed from office. The Chief Justice of the Supreme Court knows it is inappropriate and unconstitutional, and therefore refuses to preside over the trial.
Trump’s attorneys have responded to the Democratic charges by focusing on the unconstitutionality of the impeachment. That is all well and good. They are right to do so, but they must go farther.
This impeachment, which is scheduled to start Tuesday, is a show trial, not a legitimate search for truth. The Democrats intend to use the huge international audience of the impeachment trial as a drum on which to beat their political message and to discredit Republicans forevermore. If Trump’s attorneys don’t respond in kind, by going directly after the Democrats, they will be piling dirt on the Deplorables in a mass grave.
It is impossible to know from the filing by the former president’s attorneys exactly how aggressive they will be in their defense of Trump’s claims that there was election fraud. They do note that Trump stands by his allegations, but we don’t get any indication whether his attorneys will also stand by them:
“It is admitted that President Trump addressed a crowd at the Capitol ellipse on January 6, 2021 as is his right under the First Amendment to the Constitution and expressed his opinion that the election results were suspect, as is contained in the full recording of the speech. To the extent Averment 5 alleges his opinion is factually in error, the 45th President denies this allegation.”
Hopefully, if the charges are not dismissed outright as an unconstitutional overreach by Congress, then Trump’s defense will use the opportunity to present the evidence of fraud to the world. The Democrats are engaging in a “Big Lie” propaganda technique when they continually insist there is “no evidence” of fraud and that Trump’s claims are “baseless.”
It would be a dereliction of duty for Trump’s attorneys not to rehabilitate their client’s reputation by demonstrating that he did have positive evidence of fraud and was entirely justified in pursuing a legal remedy. A lie left unanswered is an affront to honor. A truth left unspoken is an affront to decency.
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