Mike Lee explains why Democrats can’t prove their incitement case against Trump

Senator Mike Lee was on Newsmax tonight and weighed in on the phony impeachment, explaining why Democrats can’t prove that Trump ‘incited’ a mob and why the Senate doesn’t have jurisdiction in this matter:

Regarding incitement, Lee references a Supreme Court decision that actually defines two essential elements that must be satisfied. One objective and one subjective:

The person has to have engaged in speech that by its very nature could produce imminent lawless action. And was designed or spoken subjectively with that as the objective. I don’t see how they can satisfy that here. …When I look a the charge they submitted in the House of Representatives, it doesn’t appear to me to charge the essential elements of incitement. That’s a problem for them.

In terms of jurisdiction, Lee’s argument boils down what he feels would be the disastrous result if the Constitutional clause regarding impeachment were interpreted to be without a ‘temporal limit’:

I think it’s a disastrous thing to say that there’s no temporal limitation on the bringing of impeachment charges and the conduct of an impeachment trial, and it doesn’t matter if somebody’s left office before the articles of impeachment are even presented in the Senate. That would be dangerous and that’s why I voted not to recognize jurisdiction in the Senate, given that President Trump left office weeks ago.

He’s right. If the Senate can impeach someone after they leave office, then what is to stop Democrats from manufacturing an impeachment crisis every time a one-term Republican president they don’t like loses an election. If they manufacture enough crises, they can stop that person from ever winning again.

And what about before someone runs for office? Will there be any limit to the destruction lawless Democrats will do if they are allowed to redefine the Constitution?

via therightscoop

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