Home Invites Members Groups Events Careers Videos News Photos Blogs Polls Singles Forums Chat
Home > Blogs > Post Content

TRIAL MEMORANDUM OF DONALD J. TRUMP, 45TH PRESIDENT OF THE UNITED STATES OF AMERICA (99 hits)


TABLE OF CONTENTS
INTRODUCTION ................................................................................................................... 1
STATEMENT OF FACTS RELEVANT TO THE ARTICLE OF IMPEACHMENT .......... 2
A. The Single Article Of Impeachment Is Belied By An Analysis Of Mr. Trump’s Spoken Words To A Crowd Gathered At The Ellipse Four On January 6, 2021................................... 4
B. Democrat Members Of The House Drafted The Article Of Impeachment Before Any Investigation Into The Riot Had Even Started. .......................................................................... 6
C. The House Managers’ “Statement Of Facts” Outlines A Narrative Irrelevant To The Facts Alleged In Support Of The Single Article Of Impeachment. .................................................... 7
1. Law Enforcement Had Reports Of A Potential Attack On The Capitol Several Days Before President Trump’s Speech. ....................................................................................... 7
2. The House Managers False Narrative Rests Entirely On Biased And Mischaracterized Reports By The Media And Cherry-Picked, Non-Contextual Parsing Of Mr. Trump’s January 6 Speech................................................................................................................. 10
III. ARGUMENT.........................................................................................................................13
A. The Senate Lacks The Constitutional Jurisdiction To Conduct An Impeachment Trial Of A Former President. ................................................................................................................. 13
1. The Text And Structure Of The Articles Discussing Impeachment Do Not Grant To the Senate the Authority Over A Former President. ........................................................... 14
2. The Constitution only gives the Senate Jurisdiction over the President, not the former President, of the United States. ........................................................................................... 17
i
IV.
CONCLUSION ..................................................................................................................... 74
C.
The Article of Impeachment Violates Mr. Trump’s First Amendment Rights.............. 37
1. The Senate Cannot Disregard the First Amendment and the Supreme Court’s Long- Established Free Speech Jurisprudence .............................................................................. 38
2. Mr. Trump as an Elected Official Has First Amendment Rights to Freely Engage in Political Speech................................................................................................................... 41
3. Mr. Trump’s Speech Was Fully Protected by the First Amendment ......................... 47
4. Lastly, Mr. Trump’s Figurative Use of the Words “Fight,” “Fighting,” Have Been Used
By Many, None Are Impeachable ...................................................................................... 63
The House Afforded President Trump No Due Process of Law .................................... 66 The Article Is Structurally Deficient and Can Only Result in Acquittal. ...................... 71 The Article Fails to State an Impeachable Offense as a Matter of Law......................... 72
D. E. F.
3. The Founders Knowingly Did Not Extend The Power Of Impeachment To Former Officials............................................................................................................................... 20
4. Historical Precedents .................................................................................................. 23
Congress’ Power To Impose Penalties Upon Conviction Of Impeachment Is Limited to
B.
Removal, And (Not Or) Disqualification................................................................................. 30

https://www.45office.com/images/uploads/Final_Trump_Trial_Memorandum.pdf
Posted By: Steve Williams
Monday, February 8th 2021 at 9:18PM
You can also click here to view all posts by this author...

Report obscenity | post comment
Share |
Please Login To Post Comments...
Email:
Password:

 
The intellectual dishonesty and factual vacuity put forth by the House Managers in their
trial memorandum only serve to further punctuate the point that this impeachment proceeding was
4
neveraboutseekingjustice. Instead,thiswasonlyeveraselfishattemptbyDemocraticleadership
in the House to prey upon the feelings of horror and confusion that fell upon all Americans across the entire political spectrum upon seeing the destruction at the Capitol on January 6 by a few hundred people. Instead of acting to heal the nation, or at the very least focusing on prosecuting the lawbreakers who stormed the Capitol, the Speaker of the House and her allies have tried to callously harness the chaos of the moment for their own political gain.

Monday, February 8th 2021 at 9:23PM
Steve Williams
It looks like we will be eyewitnesses to this bit of current events, stay tuned.


Monday, February 8th 2021 at 9:30PM
Deacon Ron Gray

vacuity

[vaˈkyo͞oədē, vəˈkyo͞oədē]

1. lack of thought or intelligence; empty-headedness.

2. empty-headedness · lack of thought · lack of intelligence · brainlessness · denseness · thickness ·

vacuousness · vacancy · inaneness · inanity · stupidity empty space; emptiness.

...Like the new word!....

May I, in the future use your BIA new word-vacuity?


Tuesday, February 9th 2021 at 7:22PM
robert powell
Of course Robert. Coincidentally, vacuity is a word I could possibly apply to Reginald Goodwin's Q post tonight.

Tuesday, February 9th 2021 at 11:17PM
Steve Williams

reginaldGoodwin hypocritical enablement of deaCON 4 (four year) Blocking of my comments at this

African American Family Site, show deaCON russianBOT like; Vacuity...antiConstitutional and

stereotypical state of being Vacuous of American Citizenry.


Wednesday, February 10th 2021 at 5:38PM
robert powell
Please Login To Post Comments...
Email:
Password:

 
More From This Author
"You do have hope"
I thought about my brother George
The Biden plan will crush American workers
Dr. Birx is a proven liar with very little credibility left
Two stereotypes that diminish the humanity of the Atlanta shooting victims – and all Asian Americans
The Report on Human Rights Violations in the United States in 2020
Robert Aaron Long struggled with sins he committed at massage parlors, former roommate says
Democrats could not get Republican Legislatures in Swing States
Forward This Blog Entry!
Blogs Home

(Advertise Here)
Who's Online
>> more | invite 
Black America Resources
100 Black Men of America
www.100blackmen.org

Black America's Political Action Committee (BAMPAC)
www.bampac.org

Black America Study
www.blackamericastudy.com

Black America Web
www.blackamericaweb.com

CNN Black In America Special
www.cnn.com/blackinamerica

NUL State of Black America Report
www.nul.org

Most Popular Bloggers
deacon ron gray has logged 176131 blog subscribers!
agnes levine has logged 55369 blog subscribers!
tanisha grant has logged 51997 blog subscribers!
steve williams has logged 19425 blog subscribers!
gregory boulware, esq. has logged 14934 blog subscribers!
>> more | add 
Latest Jobs
Pro-Housing Legislative Organizer with Karen A Rea in Seattle, WA.
Financial Aid Specialist with Azusa Pacific University in Azusa, CA.
Senior Director, More Than a Meal Programming with Meals on Wheels America in Arlington, VA.
Internship Coordinator and Career Advisor, CAPX with Art Institute of Chicago in Chicago, IL.
2021 Intern - Product Management: Frontend Clients with Five9 in Continental U.S. or San Ramon, CA, US.
>> more | add