Attorney David Schoen gave his opening statements in a passionate and defiant defense of President Trump as arguments began in the second sham impeachment Tuesday. Schoen echoed many learned scholars of the US Constitution in citing the inherent flaws with the Democrats’ half-baked, “snap impeachment” of a no-longer sitting President. The findings he raised in the President’s defense were damning.
As reported by CSPAN, Mr. Schoen said to the Senate,
“They say you need this trial before the nation can heal in the nation cannot heal without it.
I say our nation cannot possibly heal with it. With this trial you are open a bigger wounds for great and many Americans see this process for exactly for what it is. A chance by a group of partisan politicians seeking to eliminate Donald Trump from the American political scene and seeking to disenfranchise 74 million plus American voters and those who dare to share their political beliefs and visions of America.
They hated the results of the 2016 election and want to use this impeachment process to further their political agenda. These elitist have mock them for four years they call their fellow Americans who believe in their country on their constitution deplorable in the latest talk is that they need to deprogram those who support Donald Trump in the grand old party.”
Schoen Called Out Democrats For Hatred of Trump, And You.
Mr. Schoen very accurately described the intentions of the Democrats going all the way back to 2016 to do as Rep. Rashida Tlaib said “Impeach the motherf***er”, he showed a montage of Democrat leaders pledging to impeach Trump from the very beginning, this has always been their goal. This is not a legal, constitutional action, it’s a vendetta. A vendetta that began when Donald Trump came down the escalator. He also describes the inevitable result of this reckless effort to divide our nation. An effort against which the truth is the only defense.
Schoen continued, “These elitists have mocked them for 4 years. They called their fellow Americans who believe in their country and their Constitution `deplorables’. And the latest talk is that they need to deprogram those who supported Donald Trump and the Grand Old Party. But at the end of the day, this is not just about Donald Trump or any individual. This is about our Constitution and abusing the impeachment power for political gain.
They tell us that we have to have this impeachment trial, such as it is, to bring about unity, but they don’t want unity. And they know this so-called trial will tear the country in half, leaving tens of millions of Americans feeling left out of the Nation’s agenda, as dictated by one political party that now holds the power in the White House and in our national legislature.
But they are proud Americans who never quit getting back up when they are down, and they don’t take dictates from another party based on partisan force-feeding. This trial will tear this country apart, perhaps like we have only seen once before in our history.”
“This is a process fueled irresponsibly by base hatred by these House managers and those who gave them their charge, and they are willing to sacrifice our national character to advance their hatred and their fear that one day they might not be the party in power. They have a very different view of democracy and freedom.”
Schoen Lays Out the Case for Unconstitutionality.
Here are the highlights of President Trump’s legal defense against the Constitutionality of this impeachment which 44 GOP Senators voted to dismiss earlier this week, rendering this entire sham trial nothing but a public character assassination.
- “Under their unsupportable constitutional theory and tortured reading of the text, every civil officer who has served is at risk of impeachment if any given group elected to the House decides that what was thought to be an important service to the country when they served now deserves to be canceled.”
- “They have made clear in public statements that what they really want to accomplish here, in the name of the Constitution, is to bar Donald Trump from ever running for political office again, but this is an affront to the Constitution no matter who they target today. It means nothing less than the denial of the right to vote and the independent right for a candidate to run for elective political office, guaranteed by the 1st and 14th Amendments to the Constitution, using the guise of impeachment as a tool to disenfranchise”
- “To say there was a rush to judgment by the House would be a grave understatement. It is not as if the House Members who voted to impeach were not mightily warned about the dangers to the institution of the Presidency and to our system of due process. They were warned in the strongest of terms from within their own ranks adamantly, clearly, and in no uncertain terms not to take this dangerous snap impeachment course. Those warnings were framed in the context of the constitutional due process that was denied here.”
- “By intentionally waiting until President Trump’s term of office expired before delivering the Article of Impeachment to the Senate to initiate trial proceedings, Speaker Pelosi deprived then-President Trump of the express constitutional right–and the right under the Senate’s own rule IV–to have the Chief Justice of the United States preside over his trial and wield the considerable power provided for in the Rules of Procedure and Practice in the Senate when sitting on impeachment trials.”
Mr. Schoen summed the defense up nicely,
“The impeachment Article should be treated as a nullity and dismissed based on the total lack of due process in the House. It should be dismissed because of Speaker Pelosi’s intentional abandonment or waiver of jurisdiction, if the House ever acquired jurisdiction, and the Article should be dismissed because the trial in the Senate of a private citizen is not permitted, let alone with the conflicts just described that attend this proceeding.”
Finally, he dropped the bombshell, the impeachment of President Trump as a former President represents a “bill of attainder” against a private citizen, something SPECIFICALLY FORBIDDEN by the Constitution. An assault to the Democrat’s case that there quite literally is no defense for.
“An impeachment trial of Private Citizen Trump held before the Senate would be nothing more nor less than the trial of a private citizen by a legislative body. An impeachment trial by the Senate of a private citizen violates article I, section 9 of the United States Constitution, which provides that `no bill of attainder . . . shall be passed.”’
The bill of attainder, as this clause is known, prohibits Congress from enacting “a law that legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial.”
A bill of attainder is a legislative act which inflicts punishment without a judicial trial–
A judicial trial– The distinguishing characteristic of a bill of attainder is the substitution of a legislative determination of guilt and legislative imposition of punishment for judicial finding and sentence.
[The Bill of Attainder Clause], and the separation of powers doctrine generally, reflect the Framers’ concern that trial by a legislature lacks the safeguards necessary to prevent the abuse of power.”