Will more Americans be punished without due process, without a real trial, without real witnesses which are cross examined? That’s what is happening to Trump and may be happening more and more.
Increasingly Americans, particularly those identified as conservatives, are suspended or removed from social media platforms such as Facebook and Twitter for seemingly innocuous statements. Likewise innocent was former President Trump’s statement that he was not attending the installation of Biden as President. That Tweet caused Trump’s permanent ban from Facebook.
New York Democrats are poised to pass a bill which will allow they to release Trump’s tax returns  What they do to Trump they can do to any citizen.   Democrats seek to punish Trump without a trial. Â
Will the assumption be that the defendant is GUILTY as charged rather than presumed INNOCENT?
Below is a brief summary of reasons why the impeachment case against former President Trump should be dismissed.This is from the defense case for Trump.
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IV. CONCLUSION:Â Â Â Â Taken together, they
demonstrate conclusively that indulging House Democrats hunger for this political theater is a
danger to our Republic democracy and the rights that we hold dear. Reasons for dismissal include:
1. The Senate of the United States lacks jurisdiction over the 45th President because he holds
no public office from which he can be removed,and the Constitution limits the authority of the
Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed
the Senate under our Constitution.
2. The Senate of the United States lacks jurisdiction over the 45th President because he holds
no public office from which he can be removed rendering the Article of Impeachment moot and a
non-justiciablequestion.
3. Should the Senate act on the Article of Impeachment initiated in the House of
Representatives,it will have passed a Billof Attainder (aka punishment with no trial)  in violation of Article 1,Sec. 9. Cl. 3 of the
UnitedStatesConstitution.
4. The allegations in the Article of Impeachment are self-evidently wrong, as demonstrated
by the evidence including the transcript of the Presidentâ€
meet the constitutional standard for any crime, let alone an impeachable offense.
5. The House of Representatives deprived the 45th President of due process of law in rushing
to issuethe Article of Impeachmentand by ignoring its own proceduresand precedentsgoingback
to the mid-19th century. The lack of due process included, but was not limited to, its failure to
The Article of Impeachment presented by the House is unconstitutional for a variety of
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conduct any meaningful committee review or other investigation, engage in any full and fair
consideration of evidence in support of the Article, as well as the failure to conduct any full and
fair discussion by allowing the 45th Presidentâ€
exigent circumstancesunder the law were present excusing the House of Representativesâ€
judgment, as evidenced by the fact that they then held the Article for another 12 days.
6. The Article of Impeachment violates the 45th Presidentâ€
guaranteed under the First Amendment to the UnitedStatesConstitution.
7. The Article is constitutionally flawed in that it charges multiple instances of allegedly
impeachable conduct in a single article.
not what the Framers wanted or what the Constitution allows.
Bruce L. Castor, Jr.
David Schoen
Michael T. van der Veen
Counsel to the 45th President
of the United States
February 8, 2021
The Senate should dismiss these charges and acquit the President because this is clearly
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Respectfully submitted
