The Personal Website of Mark W. Dawson

The Second Impeachment of President Trump

The second Impeachment of President Trump is not only a farce but an assault on our Constitution. An assault that is far more serious than the alleged impeachment articles that the House of Representatives has passed and the Senate must now consider. It is an assault on our Constitutional principles of Free Speech and Peaceable Assembly, Due Process, the Rule of Law, and a misutilization of the Impeachment Clause of the Constitution. This impeachment is far more serious than the averred details in the Articles of Impeachment. The Impeachment “Article 1: Incitement of Insurrection” is an assault on the Free Speech right of President Trump, as at no point in his speech did President Trump call for an insurrection, and indeed, he is quoted as saying to the peaceable crowd, "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard" (italics added). To call into question the results of the 2020 Presidential election, as there were so many irregularities, potential voter fraud, and perhaps illegal or Unconstitutional actions by State Governors and Executive officers, as well as State Courts, is not insurrection if it is done legally and non-violently. It is a Free Speech right of anyone to question the validity of an election and the legal right for anyone to legally challenge any actions by government officials or authorities.

“Peacefully and patriotically make your voices heard” is not a call for insurrection but an exercise in the Constitutional rights of all Americans to express their views. Just because a small minority in the crowd becomes a violent mob does not infer that President Trump incited insurrection, but it does infer that some people are disposed to turn to violence to achieve their goals. It is those violent people who are insurrectionists, and they should be the people who are arrested and prosecuted to the full extent of the law. If we prosecute politicians or people for their words when a small number of the crowd misinterpret their words and become violent, then these violent actions can control political discourse in America and who is fit to be our elected representatives. Only the politicians and people who directly call for insurrection should be punished, and then we need to carefully distinguish the difference between free speech and calls for insurrection. To prosecute those who express their Free Speech Rights is not prosecution but persecution, even if most Americans believe it is proper to do so, as the majority can never violate the minorities' "Natural, Human, and Civil Rights" in America.

Indeed, the Governors and Mayors of those cities that were involved in the 2020 riots and the takeovers of parts of their cities, who did not speak out against their actions, or expressed some symphony and support of their actions, could be considered insurrectionists. The other politicians and persons who express support for the riots and the takeovers could also be considered insurrectionists. Should we impeach all those Governors, Mayors, Politicians, and Persons who did not oppose or spoke favorably of these actions as insurrectionists? If we did so, then the halls of Congress, and the corridors of the Executive branch, would be quickly emptied. If you set higher standards for the President's words, should these standards be applied to a member of Congress or other elected officials in both the Federal and State governments? If you set such standards, then these standards must be codified so that these government officials can know what acceptable or unacceptable speech is. It would also mean that our first amendment right to free speech would be constricted for those who transgress these codifications. This is a slippery slope that could be extended to the Free Speech rights of other Americans. We must remember that there is no Free Speech unless there is Free Speech for all. To impeach an elected or appointed official for exercising their free speech rights while they are not calling for insurrection is to assault our Constitutional right to Free Speech.

In my article “Justice and the Rule of Law in America” I point out that without the Rule of Law, there can be no Justice. But the Rule of Law requires that several concepts and tenets be enforced for Justice to prosper. These concepts and tenets are “Etched in Stone”. These concepts are Due Process; Speedy Trial; Presumption of Innocence; Trial by Jury; Burden of Proof on Prosecutor or Plaintiff; and No Burden on Defense, while the tenets are; An Independent Judiciary; Probable Cause; Equality Under the Law; Equal Protection of the Laws; Pursuit of Justice; Pardons and Commutations; Full Faith and Credit; and Contract Law Enforcement. All of these were necessary to preserve Human Rights, Constitutional Rights, and Freedom, Liberty, Equality, and Equal Justice for All. They are not only appropriate and necessary in judicial proceedings but should be kept in mind in all our non-judicial governmental proceedings, as I have written in my article, "The Rule of Law in Non-Judicial Proceedings".

Today, however, there appears to be little concern for these concepts and tenants in our political discourse and deliberations, especially by Progressives and Leftists, and most disconcerting the Democratic Party leaders. The second impeachment of President Trump by the House of Representatives demonstrates that they are not interested in Due Process nor the House rules regarding impeachment hearings. There was no evidence presented, no witnesses interviewed, no expert testimony, and therefore, no cross-examination was possible. President Trump’s representatives had no opportunity to respond and defend himself against the accusations. There was also no consideration of the future repercussions of this impeachment to our republic, and no consideration was given to the impacts to the Right to Free Speech and Peaceable Assembly of this impeachment.  All they achieved was a rush to judgment for political purposes. As there was no clear and present danger to our republic by the words or deeds of President Trump in this matter, there was no need to rush to judgment. Therefore, they acted more as a Star Chamber rather than as a deliberative body. Consequently, these actions and inactions by the House are antithetical to our Constitutional principles.

The changing of the House rules to achieve a political goal is not due process and bodes ill for future actions by the House of Representatives. For if the House can change the rules as they see fit for political purposes, then future Houses can change the rules as they see fit to achieve political goals. This is not an upholding of our Constitutional ideals of Representative Governance, Free Speech and Peaceable Assembly, Due Process, and the Rule of Law. The Democrats that engaged in these tactics want to be the leaders of our country and to formulate the Laws, Rules, and Regulations that we must all live under. If they cannot understand and apply these Constitutional concepts and tenants of Due Process and the Rule of Law, then they are unfit to become leaders of a people dedicated to “Freedoms, Liberties, Equalities, and Equal Justice for All” and, indeed, they are dangerous to our Constitutional ideals. They have also demonstrated the propensity for rulership rather than leadership, as I have written in my article, "To Be Rulers or to Be Leaders". To assure our Constitutional ideals, we must have true courage to stand up against those, both politicians, persons, and groups, who would violate our Constitutional ideals. True courage, as in one of my quotes that are:

"True Courage is doing the right thing, at the right time, regardless of personal consequences."
   - Mark Dawson

The attempt to remove President Trump from office through the utilization of the 25th Amendment of the Constitution was also a defilement of the Constitution, as it was an attempt to remove him through a totally inappropriate interpretation of the intent and words to the 25th Amendment. The second impeachment of President Trump is not only an attempt to remove him from office but also an attempt disqualification to hold and enjoy any office of honor, trust, or profit under the United States, so that they may banish him from future political office. This second impeachment of President Trump is a consequence of the first impeachment of President Trump, as I have previously written, “Impeachment Consequences”. It is also another example of “The Reichstag Fire and Kristallnacht Pogrom Analogy” in modern-day America. If you believe that an elected person has exceeded the bounds of civil speech, then an Article of Censure passed by Congress is a more appropriate means of expressing your displeasure. Impeachment should only be a recourse for actions by an elected official that violates our Constitution or directly incites insurrection.

It is not President Trump who violated his oath of office “To Preserve, Protect, and Defend the Constitution of the United States”, but a violation of the Oath of Office for those Representatives and Senators who would support this impeachment, as it is contrary to the ideals of our Constitution.