Donald Trump is facing an impeachment trial again!!. No president in the United States has ever been impeached twice and no president has ever gone on trial after leaving office.

What’s the case against Donald Trump

Donald Trump is accused of inciting violence against the government specifically the storming of congress by thousands of his supporters but his accusers say that we have to go back a couple of months to last November’s presidential elections. Trump’s all tweets archive and tweet speeches that have created this situation of riot to happen can be seen in my following articles:

Did the president actually incite violence?

Donal Trump lost the elections but refused to admit it, and not only that but when the state of Georgia was getting ready to hold a second round of voting to settle two very close Senate races. Mr. Trump is accused of trying to intervene illegally. It all came to a head-on in January the 6th when congress was due to confirm the results of the presidential election. In a long bitter speech, Mr. Trump railed against the entire election process, and within minutes of him finishing, some of his supporters were breaking into the capitol building. The US Constitution gives Congress the sole power to impeach and remove a president and bar them from holding future office for committing “treason, high crimes, and misdemeanors”. The courts have almost no say in how Congress proceeds.

What Trump’s defense lawyer’s perspective?

Trump’s lawyers argue that last month he did not incite a riot at the US Capitol and argue that the Senate should dismiss his impeachment by the House. In a pre-trial brief filed on February 8, Trump’s legal team, Bruce Castor and David Schoen offered a robust response to House Democrats’ charges that the former president is guilty of “incitement of insurrection”.

Trump’s lawyers argue that “not a single word encouraged violence or lawlessness, explicitly or implicitly,” in addition
to his remarks being protected by the First Amendment of the US Constitution, which guarantees freedom of speech.

“The lawyers offered a litany of evidence in the brief filed on Monday to support the arguments they filed last week in response to the impeachment article by the House Democrats, prosecuting Trump with “incitement.

Is impeaching a former president unconstitutional?

The opinion of legal experts is that the House and Senate have the right to impeach a former US official, even a former president, but it has never been done before. Last month, more than 170 civil law experts signed an open letter concluding that the
Constitution requires Trump to be impeached and eventually tried and barred from seeking future office.

While talking to Aljazeera News, Douglas Laycock, a professor of law at the University of Virginia told that “Presidents should not have a free opening at the end of their term to threaten to topple the newly elected government or commit some other significant crime or misdeed only because there is no more time to finish a Senate trial”.

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Supporters of former President Donald Trump forced their way into the US Capitol, killing one police officer and injuring dozens more, during a protest against the certification of the 2020 presidential election at which Trump spoke

Is that Trump’s speech that ignited the crowd to violence?

The managers of the House will argue to the Senate that Trump appeared before a tense crowd, “whipped them into a frenzy” and “led them immediately to the Capitol. It is possible to expect Trump’s attorneys to contend that the former president did not wish the people in the crowd to do anything more than protest with posters and slogans respectfully outside the house.

Can First Amendment shield Trump’s speech?

The US Constitution’s First Amendment prohibits Congress from making any law restricting free speech, the press, assembly, and religion. House executives have argued that the concepts of the First Amendment do not apply to an impeachment proceeding and do not protect Trump from the effects of provoking an attack on the Capitol. There is a much larger debate about at what point marches, organizing of demonstrations, and remarks to protesters are protected by First Amendment rights versus being held responsible for bodily injury and damage to people after the protest.

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