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5 Feb, 4 tweets, 1 min read
A former law professor, Raskin declared that the decision of Trump not to testify could be cited or used by House managers as an inference of his guilt — a statement that contradicts not just our constitutional principles but centuries of legal writing... jonathanturley.org/2021/02/05/ras…
...The statement was a conflicts with one of the most precious and revered principles in American law that such a refusal to testify cannot be used against an accused party...
...There appears no price too great to pay to impeach or prosecute Trump. If everything is now politics, this trial is little more than a raw partisanship cloaked in constitutional pretense.
...It is true that this is not a criminal trial. It is a constitutional trial. The Senate should try an accused according to our highest values, including respecting the right to remain silent without "inferences" drawn from the fact that (like prior presidents)Trump will testify

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More from @JonathanTurley

Jonathan Turley Profile picture
3 Feb
The House focuses on how Trump’s speech was interpreted rather than intended. The House seems to prefer to keep the trial on the level of speculation. Indeed, while the article refers to incitement to insurrection, it reads like impeachment for negligence. thehill.com/opinion/judici…
Trump’s view of election fraud is germane, since it is referenced in the impeachment article. However, it is the worst possible defense to advance in the Senate. It doesn’t matter if Trump was right about fraud; it only matters whether he sought a rebellion rather than a recount.
...Many will not accept any contrary conclusions on both sides but I believe the majority would do so.  Otherwise, this conversation on Newsmax will be repeated endlessly for years.
Read 4 tweets
Jonathan Turley Profile picture
31 Jan
There is now a call to not only disqualify dozens of Republicans under the 14th amendment but to put the entire Republican Party on the Domestic Terror List. prospect.org/blogs/tap/put-… With the help of legal experts, rage again triumphs over reason... thehill.com/opinion/judici…
...Legal experts are again insisting that the 14th Amendment can clearly be used in this way. In truth, Trump and these members would have a strong challenge to such disqualification by a simple majority vote. If you believe this was incitement to insurrection, prosecute them...
...There can then be a real trial on real charges with a real verdict. What concerns me is the absence of discussion of the obvious dangers in allowing such votes in Congress to disqualify politicians under the 14th Amendment...
Read 4 tweets
Jonathan Turley Profile picture
25 Jan
I fail to see how having a "community-approach" to censure is so much better than a corporate approach. foxnews.com/politics/twitt… Majoritarian limits on free speech are nothing new. Indeed, that is the point of free speech protections. You do not need to protect popular speech.
...There is an alternative. It is called free speech. That is why I remain an Internet Originalist. jonathanturley.org/2020/11/02/the…
My main concern is still Twitter's expanding censorship of material deemed misleading. The use of community input will be part of this broader effort to identify material deemed misinformation and remove it.
Read 4 tweets
Jonathan Turley Profile picture
10 Jan
A vote is being scheduled on articles of impeachment without a hearing on its basis or implications. foxnews.com/politics/clybu… It is the advent of the impulse-buy impeachment. jonathanturley.org/2021/01/09/say…
If Democrats are going to wait a couple months to submit articles of impeachment to the Senate, why not have a real inquiry and hearing? businessinsider.com/house-may-wait… This is reminiscent of the prior impeachment that was delayed for weeks after saying that time was of the essence.
...If there is time for a Senate submission, there is time for a House inquiry. jonathanturley.org/2020/01/06/how… There could be evidence to support impeachment on incitement, but it will require an inquiry looking at conduct before and after Trump's speech.
Read 4 tweets
Jonathan Turley Profile picture
9 Jan
Author Franz Kafka once wrote, “My guiding principle is this: Guilt is never to be doubted.” Congressional Democrats appear close to adopting that Kafkaesque standard into the Constitution as they prepare for a second impeachment of President Trump... thehill.com/opinion/judici…
...In seeking his removal for “incitement,” Democrats would gut not only the impeachment standard but free speech, all in a mad rush to remove Trump just days before the end of his term...
...The damage caused by the rioting was enormous, but it will pale in comparison to the damage from the new precedent of a “snap impeachment” for speech protected under the 1st Amendment. It would do to the Constitution what the rioters did to the Capitol: Leave it in tatters.
Read 4 tweets
Jonathan Turley Profile picture
8 Jan
I am perplexed by Speaker Pelosi's suggestion that military officers can bar the Commander in Chief from exercising his constitutional authority under Article II. nypost.com/2021/01/08/pel…
...I know of no authority by which the nuclear codes can be withheld from the President absent a declaration under Section 4 of the 25th Amendment. Absent such a declaration, such an action would be grounds for the removal of any military officer...
...The same is true for the exercise of other executive privileges and powers. It would be akin to Trump asking the House clerk not to accept any bills or carry out legislative functions at Pelosi's request...
Read 5 tweets

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