FULL WARREN, SO. THINGS ARE LOOKING PRETTY GOOD FOR YOUR MORNING COMMUTE AND
THAT IS YOUR KEY PEARSON TOYOTA
TIME
SAVER TRAFFIC.
>>BRUCE HAMILTON: ALINA THANK
YOU HOUSE DEMOCRATS INTRODUCED
AN ARTICLE OF IMPEACHMENT
AGAINST PRESIDENT TRUMP FOR
INCITING A MOB THAT ATTACKED
THE CAPITAL LAST WEEK.
THEY VOW TO PRESS THE CHARGES
REPUBLICANS BLOCKED A SEPARATE
MOVE TO FORMALLY CALL ON VICE
PRESIDENT MIKE PENCE TO STRIP
TRUMP OF POWER UNDER THE
25TH AMENDMENT. JOINING ME ON
THE MORNING SHOW CONSTITUTIONAL
LAW EXPERT. ROD SULLIVAN GOOD MORNING AND THANKS FOR BEING HERE GOOD MORNING. BRUCE SO THE
DRAFT ARTICLE IMPEACHMENT
CHARACTERIZES THE PRESIDENT
IMPEACHABLE CONDUCT AS
INCITEMENT OF INSURRECTION SOME
LEGAL OBSERVERS SAY THE CHARGES
WRITTEN NOT ONLY MAKES
BIPARTISAN SUPPORT DIFFICULT.
IT ALSO CREATES A HORNET’S NEST
OF LEGAL ARGUMENTS ABOUT THE
FIRST AMENDMENT, HOW TO PROVE
INCITEMENT AND THE MEANING OF
INSURRECTION YOUR THOUGHTS.
YEAH, WELL.
>> YOU HAVE TO UNDERSTAND THAT
THE GOAL HERE IS NOT TO REDUCE
IS NOT TO REMOVE DONALD TRUMP
FROM OFFICE, THE GOAL HERE IS
TO DISQUALIFY HIM FROM RUNNING
FOR OFFICE AGAIN IN THE FUTURE.
THERE ARE 2 WAYS TO DISQUALIFY
SOMEBODY FROM BEING A
PRESIDENT. ONE IS THROUGH AN
ARTICLE ONE IMPEACHMENT THAT
REQUIRES TWO-THIRDS OF THE
SENATE
TO AGREE. THE OTHER IS THROUGH
A LITTLE NEWS PROVISION ENACTED
AFTER THE CIVIL WAR CALLED THE
14TH AMENDMENT
SECTION 3. NOW WHAT THE 14TH
AMENDMENT SAYS THAT IF HE
PARTICIPATED IN AN INSURRECTION
AGAINST THE GOVERNMENT AFTER
HAVING TAKEN AN OATH YOU CAN BE
DISQUALIFIED FROM EVER HOLDING
OFFICE AGAIN WHICH IS WHAT WAS DONE TO CIVIL WAR OFFICERS AND CONFEDERATES WHO WANTED TO
BECOME CONGRESS MEN OR SERVE IN
GOVERNMENT POSITIONS.
CONGRESS SIMPLY SAID YOU’RE
DISQUALIFIED BECAUSE YOU
PARTICIPATED
IN INSURRECTION NOW I THINK
THAT WHAT HAPPENED WAS THAT THE
HOUSE IN THIS CASE IS TIPPED
THEIR HAND BY DRAFTING A SINGLE
ARTICLE
OF IMPEACHMENT. WOODS SAYS THAT
DONALD TRUMP INCITED AN
INSURRECTION THEY ARE
SPECIFICALLY TARGETING THIS
14TH AMENDMENT PROVISION.
NOW IS THIS CREATE A PROBLEM
THEY KNEW THEY WERE NEVER GOING
TO GET 17 SENATORS TO AGREE TO
TO IMPEACH AND
THE SENATE. BUT AFTER
THE NEW CONGRESS TAKES OVER AND
THE NEW SENATE WHICH HAS A
DEMOCRAT MAJORITY
TAKES OVER. IT’S ONLY AND
REQUIRE A MAJORITY IN THE HOUSE
AND THE SENATE
TO ENACT THIS DISQUALIFICATION
OF DONALD TRUMP AS OFTEN AS A
AS A POTENTIAL FUTURE
PRESIDENTIAL CANDIDATE. ANOTHER
74 PEOPLE OUTSIDE THE 4 MILLION
PEOPLE WHO VOTED FOR HIM AND
THE BIG FEAR AMONG DEMOCRATS IS
THAT HE’LL RUN AGAIN AND THAT
HE WILL WIN
AND THEREFORE THEY CAN PREVENT
THAT FROM OCCURRING BY ENACTING
THIS 14TH AMENDMENT
DISQUALIFICATION.
>>BRUCE HAMILTON: ALL RIGHT
SAYS TAKING INTO CONSIDERATION.
WHAT YOU JUST SAID HAD THEY
PURSUED A CHARGE OF SEDITIOUS
CONSPIRACY WOULD IT HAVE BEEN
MORE EFFECTIVE.
>> IT WOULD NOT BECAUSE EDITION
IS NOT ONE OF THOSE THINGS
THAT’S UNDER THE 14TH AMENDMENT
A DISQUALIFICATION SO THEREFORE THE HAD TO TARGET AND I’M SAYING THIS ARE TIPPED THEIR
HAND THEY THEY THEY TELEGRAPH
THEIR PUNCH BY MAKING THE FOCUS
OF THE ARTICLE OF IMPEACHMENT
THE INSURRECTION AND
NOTHING ELSE. THEY DIDN’T CITE
YOU KNOW HIGH CRIMES
AND MISDEMEANORS. THEY DIDN’T
SEARCH SITE ANYTHING BUT THE
THE FOMENTING OF AN
ENCOURAGEMENT OF A QUOTE
UNQUOTE INSURRECTION.
>>BRUCE HAMILTON: SO THE
PRESIDENT’S ROLE IN PROMOTING
THE CAPITOL RIGHT IS NOT THE
ONLY REASON ACTION THAT COULD
JUSTIFY IMPEACHMENT SHOULD
THERE BE
OTHER ARTICLES.
>> I DON’T THINK SO BECAUSE YOU
KNOW THEY KNOW THEY CAN’T GET
THE 17 THEY REPUBLICANS IN THE
SENATE
THEY NEED. SO THEY THEY KNOW
THAT THAT IS NOT A FRUITFUL
PAST OKAY
TO TAKE. SO THE ONLY THING THEY
REALLY WANT TO DO IS FOCUS ON
THE
14TH AMENDMENT. THEY WANT TO
CONVINCE HAS MEANT THEY ONLY
NEED A AND THEY JUST WON A
MAJORITY OF THE HOUSE AND A
MAJORITY OF THE SENATE TO GO
ALONG
WITH IT AND THEN THEY’LL BE
THIS DISQUALIFICATION FROM EVER
SEEKING OFFICE AGAIN. THE
QUESTION IS WHAT ARE THE COURTS
TO. THE COURTS HAVE SOMETHING
CALLED A POLITICAL
QUESTION DOCTRINE. WHEN A
QUESTION IS IS SOMETHING THAT’S
CONSTITUTIONALLY COMMITTED
ANOTHER BRANCH OF GOVERNMENT
LIKE THE CONGRESS.
A COURT SOMETIMES SAY I’M NOT
GOING TO CONSIDER THAT BECAUSE
WE DON’T HAVE JURISDICTION.
IT’S A POLITICAL QUESTION.
SO EFFECTIVELY A MAJORITY OF
THE HOUSE AND A MAJORITY OF THE
SENATE COULD DISQUALIFY TRUMP
FROM HOLDING OFFICE
AND THE COURTS MIGHT SAY HEY
WE’RE GONNA KEEP OUR HANDS OFF
WE’RE NOT EVEN THE LISTEN TO
THE CASE AND WHETHER OR NOT
THIS WAS REALLY
AN INSURRECTION IF YOU
CONGRESSMAN A FEW SENATORS SAY
THIS IS AN INSURRECTION THAT’S
YOUR DISCRETION AND WE’RE NOT
GOING TO UPSET THAT DECISION.
>>BRUCE HAMILTON: AND WHEN IT
COMES TO IMPEACHMENT
PROCEEDINGS. CONGRESS HAS DONE
UPHILL BATTLE MAKING QUICK WORK
OF THIS GAZING INTO THE
PROVERBIAL CRYSTAL BALL.
WE THINK IT
ALL ENDS.
>> I THINK THAT THEY WILL
EVENTUALLY COME OUT WITH A AN
ARTICLE
14 DISQUALIFICATION BUT THEY
WILL DO IT IN THE HOUSE JANUARY
20TH AND THEN THEY’LL POSTPONE
IT FOR
90 DAYS. WHY WOULD THEY DO THAT
THERE IS NOTHING THAT UNIFIES
THE DEMOCRATIC PARTY MORE THAN
THEIR HATRED FOR DONALD TRUMP
AND BY HAVING TRUMP OUT THERE
AND HAVING THIS ARTICLE 14
ACTION OUT THERE THAT UNIFIES
THE PARTY AND THEY WANT TO PASS
AS MUCH OF THEIR LEGISLATIVE
AGENDA AS THEY CAN DURING THE
FIRST 14 DAYS.
AFTER THEY PASSED AS MUCH OF
THEIR LEGISLATIVE AGENDA AS
THEY CAN PASS THEN THEY CAN
REVISIT THIS QUESTION
AND THEY CAN PROBABLY DO IT
BEFORE THEY TAKE THEIR SUMMER
RECESS. THEREFORE THEY CAN DO
THEIR VOTE. DO THEIR
DISQUALIFICATION NOT HAVE TO
FACE, YOU KNOW FACE VOTERS AT