Self-proclaimed liberal law professor Jonathan Turley of George Washington University says that Democrats are shredding the constitution in trying to impeach President Trump over-exercising his right of free speech.
Turley points out that if you make his remarks impeachable, Maxine Waters, Kamala Harris and Ayanna Pressley.
“Democrats are pushing this dangerously vague standard while objecting to their own remarks given new meaning from critics. Conservatives have pointed to Maxine Waters asking her supporters to confront Republicans in restaurants, while Ayanna Pressley insisted amidst the violent marches last year that ‘there needs to be unrest in the streets,’ and Kamala Harris said ‘protesters should not let up’ even as some of those marches turned violent,” Turley wrote. “They can legitimately argue their rhetoric was not meant to be a call for violence, but this standard is filled with subjectivity.”
I can see other problems.
If the House is held by the opposition party from the Oval Office, they can impeach that person weekly or monthly.
It is very likely that Republicans will regain the majority in the House in the 2022 midterm elections.
They could immediately open an investigation into Hunter Biden and use that for impeaching Biden.
Turley explained in an essay for The Hill:
The author Franz Kafka once wrote, “My guiding principle is this. Guilt is never to be doubted.” Democrats suddenly appear close to adopting that standard into the Constitution as they prepare for a second impeachment of President Trump.
With seeking his removal for incitement, Democrats would gut not only the impeachment standard but also free speech, all in a mad rush to remove Trump just days before his term ends.
Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. Like others, I condemned those remarks as he gave them, calling them reckless and wrong.
I also opposed the challenges to electoral votes in Congress. But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.
Turley says the constitution would be harmed if Democrats insist on impeaching President Trump for his statement that constitutes free speech. He never told anyone to riot or damage property.