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Biden Impeachment Predicted by McCarthy

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July 25, 2023 1:13 pm

Biden Impeachment Predicted by McCarthy

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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July 25, 2023 1:13 pm

IMPEACHMENT IMMINENT? House Speaker Kevin McCarthy announced that the allegations of presidential corruption surrounding President Joe Biden and his son Hunter Biden could climb "to the level of impeachment inquiry." Are Biden's abuse of power and the constant Deep State government corruption about to be exposed? How will this White House scandal affect Biden's future as President? The Sekulow team discusses the fallout of this possible impeachment as well as the announcement that the IRS will "end most" surprise home visits – all this and more on today's show.

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We got breaking news.

President Biden's impeachment predicted by House Speaker McCarthy. Keeping you informed and engaged. Now more than ever, this is Sekulow. We want to hear from you.

Share and post your comments or call 1-800-684-3110. And now your host, Jay Sekulow. Well, I think we can literally say that there's no one that has had more experience with Presidential impeachments currently than me, maybe. Would you say?

Yeah, I'd say that's probably right. And this came out yesterday, last night. Tell us what happened first. This doesn't get everybody up to speed here as to what's actually going on.

Well, you have the sound. This is from Hannity last night. You had House Speaker McCarthy, Kevin McCarthy on Hannity, making kind of a prediction that maybe a lot of you probably hope is accurate, but also kind of goes down to what it even means to be impeached in the modern era.

So let's go take a listen to Kevin McCarthy from Hannity last night. We've only followed where the information has taken us, but Hannity is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed. All right, so let me tell you what an impeachment inquiry is. That is the beginning phase of an impeachment proceeding. It's different than articles of impeachment being drafted. This is what they call the investigatory stage. Now, if you're asking me, did these allegations reach to the level of impeachment?

Here's the problem. I'm holding in my hand right now, and I'm going to refer to this off under the broadcast. Here's my trial notebook from the impeachment. Now, this is when it went to the United States Senate for a trial.

It went past the investigative stage, went to the trial stage. This is what was with me the entire three weeks of that trial that I led with Pat Cipollone, the then White House counsel. We also filed this trial memorandum. This brief, on behalf of the President of the United States, was filed by myself and Pat Cipollone. Pat signed it as counsel to the President. I signed it as counsel to President Donald J. Trump.

And people are saying, what's the difference? One says counsel to the President. The other one says counsel to President Donald J. Trump. We were his private lawyers during the impeachment proceedings and other proceedings as well. Pat was the White House counsel. Now, that assumes you've already had articles of impeachment, Logan. What they're looking at now is, with all this information that's coming out, and Devin Archer is supposed to be testifying and allegedly is going to testify, this is what the reports are, that Joe Biden was on phone calls with his son, with these business partners while he was vice President of the United States. So that may become the basis upon this impeachment. Now, they have reduced the bar to impeachment so low that almost anything can be an impenetrable offense. That doesn't mean conviction, however, and that's what's so important for people to understand.

Of course. People need to understand that as they look through it in the Trump administration. They look through it in- Twice. They also looked through it in the Clinton administration.

Yep. We've seen impeachment become a bit of a show in some ways, but it does have implications. But yeah, you're right. To get from an impeachment to a conviction, not an easy road. Not gonna happen.

Let's not pretend it. It will not happen. But just the process alone, again, they've kind of brought this on themselves.

They sure did. So if you have a question or comment related to that, we'd love to hear from you at 1-800-684-3110 ask Kevin McCarthy floats the idea of an impeachment. Let me ask this question to our audience. I think this is an important question, an important time in our history. Do you favor at least the investigatory phase of impeachment proceedings being brought against President Biden so that the Congress would open up formal investigations for the impeachment of the current President of the United States?

Doesn't mean they'll actually be articles of impeachment, but the investigatory stage. We want your response to that. Our phone lines are open for you at 1-800-684-3110. I want to hear from you on radio. I want to hear if you're watching on our social media, if you're listening or watching on our web, wherever you might be getting it, podcasts, you call us. We want to hear from you on this, 1-800-684-3110. We're going to go into the particulars of what all this means in the next segment of the broadcast, but we want to hear from the American people, our listeners. Do you favor at least the investigatory phase of impeachment being brought now?

And that brings in a whole host of issues we'll talk about when we come back. Again, our number is 1-800-684-3110. Support the work of the American Center for Law and Justice.

Let me say this. I showed you those briefs to the Supreme Court of the United States. I've now showed you the briefs to the United States Senate.

This is what we filed in the United States Senate representing a President. There they are. So we know a lot about this. You're not going to get this analysis anywhere else.

That's why support the work of the ACLJ. You're helping keeping this broadcast on the air around the country and actually around the globe, ACLJ.org. Yep, phone lines are jammed.

And welcome back to the broadcast, everyone. We're taking your calls at 800-684-3110. The phones are jammed. So obviously, that's a big issue here. The phones are jammed as we talk about this.

To just get you up to speed, Logan first, what broke yesterday so people understand that? Yeah, it broke last night on Sean Hannity's broadcast on Fox News. He was discussing with Kevin McCarthy sort of the implications that are happening. And they floated out there that there would be potential for impeachment. And that is a conversation that has been going on and on.

We can play that bite again. I think we should also kind of play that and also play what Nancy Pelosi said about something similar back in 2019. So let's start with Kevin McCarthy. We've only followed where the information has taken us. But Hannity, this is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed. Of course, then you say, all right, I'm sure the liberals are pushing back on that.

How dare he say that? Now let's hear just, this is pretty much a similar conversation from Nancy Pelosi just a few years ago. We could not ignore what the President did. He gave us no choice. So it wasn't any change of mind. I always said, we will follow the facts where they take us.

And when we see them, we will be ready and we are ready. Speaker's going to speak. It feels like a very similar.

It's the same exact language. And the problem here is in Andy Econo, senior counselor for the ACLJ, was also one of the defense lawyers for the impeachment trial of President Trump, the 45th President of the United States. They have lowered the bar for impeachment so significantly here.

This is kind of the chickens are coming home in a roost. Well, there really is Jay, because you know, when you start using impeachment, the way that it has been used first by the Democrats in the case of President Trump, you lower the bar to what is an impeachable offense. An impeachable offense is really supposed to be under the constitution, a high crime and misdemeanor. What is a high crime and misdemeanor? It is what the Congress at any point in time in its history defines as a high crime and misdemeanor.

And that's what is the inquiry would be about what the high crime and misdemeanor is. And it is a political process. But it's a process that, as you mentioned, begins in the house with an investigation. Articles of impeachment are then drafted. And if those are passed, then they're carried over to the Senate for the trial. In this case, that's a long way off when you've got to get two thirds of the majority of the senators in concurrence.

But impeachment is bad base, not as much a legal process, Jay, as you know, I don't need to tell you, but as a political process. So I'm holding in my hand the brief. This is the brief that we filed. This is the bound copy of the brief that we filed with the Senate.

This is when the articles of impeachment had been passed, but we had not yet had the situation where we had a trial yet. And so the articles of impeachment passed, about to have the trial, we filed a trial brief with the United States Senate. It's called, it's a trial memorandum of President Donald J. Trump. It was signed by me and Pat Cipollone and our legal teams. Pat representing the White House as White House counsel.

I signed it along with Andy and Stewart and Jordan and Mark Olfeder and Ben Sisney as counsel to President Trump. We challenged the articles resulted, we said, from an impeachment inquiry that violated all precedent and denied the President constitutionally required due process. So if in fact this inquiry goes forward now, if in fact they're going to go to this level of inquiry, don't do what the Democrats did, which is denied due process rights here. Have a fulsome hearing, allow the President to put on a real case at the trial level, at the article of impeachment level, because that did not happen for President Trump.

He was not allowed to be in there for witnesses. They need to have all these witnesses, let the White House counsel, left counsel there to do cross-examination, open up to due process. What is interesting to me is as we're getting calls, and we're starting to get, Logan, a lot of calls. So we'll start taking them.

There are people that are opposed to impeachment. So this is important. I want to have this conversation.

Yeah. I think we've had that conversation here for the last few years ago. And what happened here, we don't want to just fall into the same traps that they did.

However, you get kind of stuck because you go, well, they did this and they trivialized it, so why not? So let's go ahead and go to one of those calls. Let's go to Dean who's calling in New Mexico. Dean, you're on the air. Hi, Dean. Hey.

Hey, thanks for taking my call. My worry is that this is a trap. I'd like to get impeachment back to normal where it's very rare. But my thought is if we let this fester, it'll become so embarrassing for the Democrats that they will have to use the 25th Amendment. Not likely that they will because to get the 25th Amendment implicated, you have to have a two-thirds of the cabinet saying that the President is not qualified to continue. I think at that point they would figure out a way to have him resign. Well, either that or you're in the last years of the White House.

The White House functions because the functionaries run it and they maybe put another candidate forward to be President. That could happen. But I don't think, Dean, they're going to use the 25th Amendment here. I'm not saying that impeachment's the right vehicle, by the way, but I understand why the Republicans are giving it some serious thought. Here's what we're going to do. We are getting a tremendous amount of calls. So we're going to keep going through these lines so we can open them back up for you.

1-800-684-3110, pro or con, we want to hear from you, 800-684-3110. But Andy, the bar has been, we'll take another call in a moment here. The bar has been lowered and this is where it gets dangerous because for the constitutional republic, that's not a good thing.

No, it's not, Jay. The constitutional republic functions on the equality of the three branches of government, one not surpassing the other, Supreme Court, the executive and the Congress. Now we're lowering the bar considerably by looking at, and whether we're meritorious or not, by politicizing the process to the point where it's just overreach, it seems to me. That's what happened in the case of President Trump. As you pointed out, there was no due process that was accorded to the President of the United States, the 45th President in the impeachment process. It was a close session.

It was basically barred to any idea of constitutional privileges or protections. And you're lowering that bar, you're continuing to do that. And what you do is you lose the constitutional republic, which President, which Benjamin Franklin said is so fragile. I give it to you, madam, if you can keep it.

And it seems like we're losing it every day. All right, let's go ahead and take some more phone calls on the other side. Let's go to Mary Ellen who's calling in Illinois on line three. Mary Ellen, you're on the air. Hi, Mary Ellen. Hi, hello. Thank you for taking the call for my take.

You're taking my call. I guess I don't like the idea of the investigation at least because I certainly think the, we won't get him impeached because of the Senate and all that, but I hate all the money that's been spent on President Trump's trying to convict him now when it's because of the voters who had the wrong information going into 2020 that we have what we have. You raised the question, which is a good one, and that is, so you can be impeached in the House.

That doesn't disqualify you from anything. There's no penalty for being impeached. The penalty phase comes in if you're found guilty, and that's at a trial at the Senate. Again, there up on the screen right now is the Senate trial notebook that we used during our trial.

All of us had one of these. This was my Senate trial notebook. It says United States Senate proceedings before the United States Senate representing the 45th President of the United States, Donald J. Trump, and it says Jay Sekulon and our law firm. The next document you see is the bound copy of the brief that we filed at the trial court, and the trial court here was the United States Senate, if you want to call it a court.

That's the red and white and blue one with the Presidential seal on it. That was the brief we filed, and in it, we have 80 pages where we talked about the denial of fundamental due process. So if you're going to go down this road of impeachment, Andy, I think what you have to do is afford the current President, let's not do what the Democrats did, full due process, full participation. Witnesses can be having lawyers present. There could be lawyers from the White House present when all this is going on. I think that's appropriate.

That's right. If you're going to have an impeachment proceeding that must be initiated, as you said, in the House of Representatives, then have one that has constitutional dimensions and protections afforded to it. Have the due process rights. Have the right to cross-examine witnesses. Have counsel present.

Have developed a full and complete record of what the facts are that led to this. And then the articles can be drafted depending upon what the facts show. But the 45th President of the United States, President Trump was, in my estimation, denied all those basic fundamental due process rights.

The constitutional dimension was not carried out and did not function in that context. And I hate to see that repeated, even with Joe Biden. So President Trump was acquitted. So he was found not guilty of the charges on both counts of the articles of impeachment.

So that's important to understand. A Rumble comment came in, could some Democrats support impeachment to get someone besides Biden in office? I don't think they'll do that. But they may use this as a Joe Biden shouldn't run again, depending on what the evidence would show. But the Republicans better get organized and better not shoot from the hip and really give due process.

And don't say, well, you didn't get President Trump any due process, so we're not going to give Joe Biden due process. That would be, in my mind, a fundamental mistake if they're going down that road, because I'm looking at our brief. And 80 of the 125 pages, we're on due process issues.

The substantive aspect of it was only 30 or 40 pages. So don't make that mistake. Now, here's what we're going to do. We're going to take your phone calls, and there's a lot of them coming in. So we come back from the break.

We're going to go right to the phones again at 800-684-3110. And Logan, a lot of people are watching on our social media. I mean, there's over 1,000 on YouTube alone. That would be many thousands over 24 hours. Let's get people to share it with their friends too.

Yeah, exactly. If you have a way to do that, please send this to your friends. Post about it. Take this link, copy it, paste it. Share it if you're on Facebook.

That's an easy one. You just click the share button. And make sure if you are watching on Rumble or on YouTube, do whatever the preferred, whether it's a like or a follow, do that as well right now.

Or follow or subscribe, because what that'll do is keep this information growing and in your feed. So we appreciate that. But support the work of the ACLJ at ACLJ.org. We're going to take as many calls as possible. Phone lines are completely jammed right now, as you have a lot of things to say about this topic.

But again, go to ACLJ.org to find out more information and support during this matching challenge. Welcome back to Sekulow. Phone lines are completely jammed right now, which is good to see because it means you're listening. It also means you care about this topic.

You want to go ahead and take one? We reset it, I think, a little bit, Logan. So the report came... I'm given the legal part of what impeachment means.

What happened last night? Yeah. Last night, McCarthy went on Sean Hannity's broadcast and kind of predicted that they at least would have a map, a road path to the possibility of impeachment. He used the words, he said, this is rising to the level of an impeachment inquiry.

So obviously floating that balloon out to see what it would be. And we can listen to it again if you'd like. It's only 10 seconds. Let's take a listen to Kevin McCarthy last night on Hannity. We've only followed where the information has taken us, but Hannity is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed. So the impeachment inquiry, so people understand, is not a trial. The trial takes place in the Senate.

It's the investigative stage. It's before you have articles of impeachment. But in that, Donald Trump was denied fundamental due process during that entire charade that was going on as an impeachment. The Republicans, if they go down this route, should not do the same thing. They should make sure due process is followed. Let the President have witnesses there. I think all of that becomes very, very important, in my view, very, very important.

So again, that's how we think. If it's going to happen, that's the way it should go. We're taking your phone calls at 800-684-3110. Let's go to Edward's call next. All right, Edward in Washington on line one. Edward, you're on the air.

Hey, how's it going? Thank you for taking my call and hearing my opinion. I think that this doesn't even reach to the level of for the investigation, because if it's based upon the phone call, you know, he was vice President at the time, he wasn't the President, nor was he speaking the presidency at the time. I'm not sure it's about the phone call itself as a phone call. Remember, President Trump's was about a phone call. Always a phone call. Always a phone call, right. And I'm with you, I mean, phone calls become, here it's going to be, was the vice President making calls and taking calls on business deals while he was vice President?

Did they make, did he lie about it to the American people and to Congress? So all of that will be factored in. Does it rise to the level of impeachment?

Here's the problem. The standard is amorphous. And I say amorphous because it says high crimes and other mis, high crimes and other misdemeanors. So, you know, Andy, we know what that means is whatever Congress says it is. There's no standards, not a statute.

That's exactly right, Jay. It is whatever Congress at any point in time in its history determines to be a quote, high crime and misdemeanor. There's no statute that says high crimes and misdemeanors. It's in the constitution. How do you define what a high crime and misdemeanor is? It's a political process. It's what the Congress at some point in its history, based upon its facts that it finds, based upon the inquiries that it makes, that it comes to a determination of, yes, the acts, practices and transactions engaged in by the President were high crimes and misdemeanors and thereby impeachable offenses.

But they, the bar is very, very low and an impeachment then leads to a trial in the Senate, not in the House. Let's play what Senator, what Kevin McCarthy, Congressman McCarthy, Speaker, Majority Leader and the Speaker of the House said about what this would entail. Now this is, it's a lengthy bite here, but you need to hear, I think hearing it from his voice, Logan will, I don't want to put words in his mouth. Let's have him lay it out and then we'll take your calls at 800-684-3110. When President Biden was running for office, he told the American public that he's never talked about business. He said his family has never received a dollar from China, which we now prove is not true. We now have some of the most credible whistleblowers. These 10-year IRS agents who have come forward said that the Biden family has been treated differently. That what Weiss has told us is different than what Garland and Weiss has told the public. And you're sitting here today where now you have found millions of foreign money, just what the 1023 alleges they did to Biden's family. Now we found that it has funneled through shell companies. If you're sitting in our position today, we would know none of this if Republicans had not taken the majority.

We've only followed where the information has taken us. But this is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed. Because this President has also used something we have not seen since Richard Nixon, used the weaponization of government to benefit his family and deny Congress the ability to have the oversight. The weaponization issue is also very interesting because that goes to as what these FBI and IRS whistleblowers have been talking about, which is very significant. And their testimony was very significant. And it goes beyond the Hunter Biden matter.

You're going to find a whole host of these. When this all comes out over the next month about what these whistleblowers are talking about, it's breathtaking folks. And we'll have a big announcement on that in August, probably Logan, as those cases mature. But here's the thing, I'm looking at our trial brief. I go back to the trial brief and we had 80 pages on denial of due process. 80 pages on denial of not letting lawyers in when the witnesses were being interviewed. 80 pages of fundamental fairness being violated. Republicans, if you're going to go down this road, do not do what the Democrats did.

Andy, I'm holding up the trial brief right now for the camera and you can put it up on the screen as well, but here it is. It's in my hand. Look at this folks. This is what goes into this. We have 80 pages in a legal memorandum to the United States Senate, our brief that said no due process here. Don't make that mistake. Don't do what the Democrats did.

No, that's absolutely right Jay. Two wrongs don't make a right. Don't repeat what they did to Donald Trump with respect to Joe Biden, because that would not be in the best interest of the constitutional republic that we have. We have a constitution. It provides for due process. It provides for equal protection. It provides for liberty. It provides for the right of cross-examination and for the right of trials, the right of grand jury indictments.

So it lays out all these things. The Republicans, if they're going to go down the road of impeachment inquiry, need to be sure that they enshrine within their procedure the same kinds of constitutional protections that were not afforded to Donald Trump, because that is the way you preserve the constitutional republic. Don't repeat the wrong.

I agree. And you know, you're not gonna, obviously there's no grand jury here. The grand jury, so to speak, is the United States House of Representatives in their inquiry phase. And they could vote out articles of impeachment. They cannot convict. If you're impeached, there's no penalty to impeachment. You can be impeached. The penalty phase comes in if you're convicted at trial. And that takes two thirds of the Senate.

It's gonna be very difficult to do it. So we're taking your calls on this. If you agree or disagree, it's fine.

We've had both sides of this. It's fine. 1-800-684-3110 is our number. We have one line open, 800-684-3110.

What's next, Logan? We only have a minute in this segment, and then we'll head into the second half hour. Let's hold everybody. If you're on the line right now... Yeah, we'll get to you. Yeah, stay on the line. We're gonna get to you in the next 30 minutes of the broadcast. Now, this is obviously getting a lot of attention because we're looking at our social media platforms are very busy. So if you're watching on any Rumble, YouTube, Facebook, aclj.org, share it with your friends.

If you're listening on radio, call your friends during the break and say, hey, you need to listen to this. You're gonna start hearing about impeachment, and you're hearing it from the guys that defended an impeachment. So there's only been four in US history, and we defended one of them.

So as I said, you're not gonna have... I don't know what other program would have the experts on impeachment to the level that we did. They impeached Trump twice. The second one was not even presided over by the Chief Justice. So it wasn't... I call it a faux impeachment. An impeachment we had when President Trump's impeachment was going on, of course, John Roberts, who's the Chief Justice, served as the presiding officer for that and had to make some rulings.

It was very contentious, as you remember. Well, take your phone calls at 800-684-3110. Great reason to support the work of the ACLJ. We keep this broadcast on the air.

You learn from what we're doing because we've done this, folks. So aclj.org. We're a matching challenge campaign. Double your gift.

aclj.org. Back with more in a moment. Keeping you informed and engaged. Now more than ever, this is Sekulow. And now your host, Jay Sekulow. All right, we told you we're gonna take your calls on this we're talking about the statements regarding the impeachment of President Biden.

I want Logan, this started last night based on an interview that Kevin McCarthy did with our good friend Sean Hannity. Yeah, that's right. It came from on Hannity. We can play the bite again.

I've played a few times with a lot of you just join us in the half hour. So this is Kevin McCarthy on Hannity last night. We've only followed where the information has taken us. But Hannity is rising to the level of impeachment inquiry which provides Congress the strongest power to get the rest of the knowledge and information needed. So that is what's when they say impeachment inquiry that's the beginning phase that Andy is the fact-finding phase of this process which we're again encouraging if they're going to do this to have real due process because that was not afforded to President Trump but it's the fact-finding phase. It is almost equivalent to like a grand jury almost. That's correct Jay.

I think that's a good way to to sort of analogize it although it is not a grand jury it's obviously the House of Representatives acting in effect as a grand jury to determine whether or not there's probable cause to believe what that a high crime and misdemeanor or high crimes and misdemeanors have been convicted have been committed and so what and so what the process is one that should entail and include all due process rights not just what the democrats want to be heard but what all people who observe the constitution who understand and believe in our constitutional republican system and due process want to have happen and that's what should occur in this case. Let's go ahead Logan and go right back to those phones and by the way we'll clear up a couple lines. It takes a little bit of a hold for a long time. Craig's gonna hold for about a half hour. Craig you're on the air in Louisiana on line five.

Hey thanks for taking my call. Sure. My opinion is not to impede and the reason for is because look what happened in the Clinton years. The news media has blasted us until it made us look bad.

I mean it made us look horrible. I think Craig's got a good point. I mean I'd say President Clinton probably has a is more popular now than he even was then. The history kind of redefined that and made it into a much less of a fence and became almost a joke.

Well you know what Craig says is right. Every time we impeach we in republicans which has only been once the one time we tried to impeach the President he ended up becoming more popular. He already won a second term and it backfired and of course he was acquitted. When republicans honestly when they did it I think it damaged President Trump even though we he was acquitted. I think the COVID-19 damaged him more than anything else during that period.

There's a lot of things that happened every night then but that was a yeah it was a storm of a lot of things that happened right then. Coming out of the impeachment I felt like President Trump was actually in a strong place. He was acquitted on both counts overwhelmingly it wasn't even a it wasn't even a close vote in the senate.

I thought we did a not patting us on the back but I thought our team did a tremendous job in that we had the A team of A teams trying that case. Remember the house leaders hired Dan Goldman who's now a member of congress as an outside lawyer to advise them and Norm Eisen. So they could you know the republicans can hire outside lawyers too to keep this thing on track if they decide to do it so that's something we need a we need to figure but having said that we would encourage all due process that's owed. So dude don't end up in a situation like you did where an 80-page brief again I'm holding it in my hands folks this is this is the document that I filed with Pat Cipollone and his lawyer from the red house council our legal team including Andy that we found in the United States senate 80 pages of this 120 page document was on violations of due process and fundamental fairness. So republicans would should not make that same mistake we're taking your phone calls at 1-800-684-3110 we come back from the break we'll take yeah we'll take more calls coming up in the next segment obviously we're running a little short on time right here but this is a great time to go check out all the incredible resources and content we provide you at the ACLJ while you're there if you'd like to make a donation obviously all donations are effectively doubled right now so if you give ten dollars it becomes twenty dollars in value however right now I just want you to go on the website look at all the different things we put out whether that's daily news articles blogs video content if you're on one of our platforms right now watching whether it's on rumble or youtube sure watch this show live we want you to but there's so much content that's put out each and every day by incredible media team and I want you to all see that it's not just about sure we have a robust legal team that is going to court but we're also impacting media in a way that no other organization is we could do that without your support so go to aclj.org to make that donation today and look at all the incredible free resources and if you need legal help go to aclj.org and hit that help but we'll be right back at the back to secular we're going to take your phone calls right now just straight up front there's so many calls coming in they've been a hold for nearly half hour so I want to make sure we get to as many of those as possible let's start with John who's calling in Hawaii on line two John you're on the line hey John hi this is John hi thanks for taking my call I absolutely support the impeachment of Joe Biden because if anybody's paying attention all the evidence is pointing to frankly bribery payoffs from China payoffs from Ukraine so how could you not impeach with all this evidence pointed to this and more evidence will be forthcoming how could he not be impeached so here's the here's the question I cannot be impeached if the house republicans decided they weren't going to do an impeachment that's that's kind of number one but you raised um you raised the point of you think the evidence is there so they they would do this fact-finding phase which is what they're talking about now starting I do want them to give due process to the President and his council and they would raise all these issues bribery is listed specifically as a basis of an article of impeachment Andy yes that's correct Jay and we are as I said the constitution of the United States sets out specifically what it is that constitutes impeachable offenses and as you pointed out bribery high crimes and misdemeanors are included in that but I think the point that you make needs to be really emphasized President trump was denied due process of law in the house of representatives during the investigative stage and in subsequent activities that resulted in his impeachment by the house of representatives that should not be allowed to happen again because the constitution gives certain rights to the President to all people and no less to the President of the United States especially when he's facing an impeachment possibility and those rights to due process of law the right to call witnesses to examine witnesses to have council President to do all the things that you would give a normal burglar in a trial in a court somewhere should be afforded to the President of the United States they were not afforded to President trump whether President biden is ultimately exonerated or not he should be given those simple criteria let me read you article 2 section 4 of the constitution this is called the impeachment clause it says the President vice President and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason bribery or other high crimes and misdemeanors that is the impeachment clause bribery specifically set forth there so they would have to make a bribery case of i think of a significance i think you got to mirror the federal statutes on bribery personally i think that would be the only fair way of doing this not just bribery because you know a majority of house of representatives says it is but it was the kind of case where the evidence showed actual bribery and you know those can stand their standards and all of that we can get in that broadcast as this matures this week but that's how i would view it let's go ahead and take another call and we are taking your call still at 800-684-3110 yeah let's go terry in california online for terry welcome hey uh hey thanks for taking my call i'm all for it uh i've about had it with the republicans sitting on their hands they have facts the democratics had no facts and i'll tell you what across this country the people are getting a little bit tired of how the republicans have been acting and sitting on their hands okay and it's time for them to stand up and you got to fight fire with fire it's time to take our country back and stop let these democratics they're running everything and they're running right over the republicans and i'm getting sick of the republican party for the way they act you agree though i take it um and this is uh i agree you take it that he should be afforded though due process that President trump was denied yes i totally agree and what what did one of our founding my 12-year-old washes and this is with us jay yep i'll tell you what he's looking up there and saying how is he getting away with this when trump didn't do anything and and not only that if you look back in our founding fathers one of our founding fathers said a quote i i'm not sure if i'm quoting it right if it was thomas jefferson but about every hundred years we need a revolution because government gets too corrupt well i'll tell you what our government is thinking corrupt right now jay well here's the thing on this so this is what's interesting to me you know impeachment is supposed to be a safety valve it's supposed to be rare it's supposed to be a high bar because you're upsetting an election uh no matter what you think of the election process the the sitting President of the united states is the sitting President of the united states right now under law and so when you're when you're saying impeaching you are you are technically like when President trump was impeached one of my opening lines i i still remember it was you are trying to undo the election of a President through this impeachment process so you better be right when you do it andy that's where people need to understand what is at stake you better be right is right because you've got an election and whether you think it wasn't legitimate or not the chief justice of the united states administered an oath to joe biden and when he put his hand down he was President of the united states and when you talk about impeachment you talk about going down a road that is going to unseat the incumbent President and overturn an election that took place in the sovereign nation of the united states by the votes of people millions and millions of people you better be right and one way that you're right is to ensure that the process that leads to impeachment and articles of impeachment is tailored and completely scattered with due process all over the place you know logan i don't think i've opened this trial notebook since the impeachment and i've got it here on my on my desk so we we showed you pictures of there is and i just pulled out i mean here it is this is the uh chief justice i'm gonna send this over to logan uh you can read it this is the chief justice question at the end of the senate trial what they ask about the charges yeah we should read it from the top sure okay it said the question is on the first article of impeachment senators how say you is the respondent donald john trump guilty or not guilty a roll call vote is required the clerk will call the roll then we keep going yep uh then the senator should respond either guilty or not guilty clerk competes the role results announced clerk reads second article uh the chief justice again says the question is on the second article impeachment senators how say you is the respondent donald john trump guilty or not guilty clerk will call the role same thing senator should respond guilty then i found in this notebook and you remember this i was taking my notes of who was voting where and as the vote was after the chief justice read the articles of impeachment he says these words i've got it written down here that he did a roll call vote and it's he gave it it was uh uh 52 not guilty you have to get two-thirds by the way to get killed you have to get 66 and what the what the chief justice says that the role being taken the calls the question and not being having provided the necessary two-thirds uh donald j trump the President of the united states has found not guilty as to charge one and not guilty as to charge two not having provided the necessary two-thirds vote that same process has to go for this President too we cannot shortchange the process but i would give this President a lot more due process than the democrats gave us uh representing the President because i think that's just fairness and that would set a better President let's take another phone call yeah continuing on let's go to harry in west virginia on line three harry you're on the air also if you want to call us 1-800-684-3110 harry go ahead hi harry yes thank you for taking my call i do not i do not want him impeached uh because he probably could be convicted but i don't want to see camilla harris becoming President if there's anyone worse than truss and biden it would definitely be her and a lot of people would give her maybe a honeymoon for a while and she might come off pretty decent in the in the next election well you're thinking now of and that's a smart you're thinking of the political consequences of this so if the President is convicted andy under our constitution the sitting vice President becomes the President of the united states at the moment that the vice the President uh leaves office yes that's true you may not want joe biden as President but you surely don't want camila harris as President and you have to think about that because that is the line of succession that's how it works so you want to think about what you're going i doubt very much that if the articles of impeachment were tried before the senate that you'd get 60 67 votes or two-thirds of the senate to convict biden that's not going to happen but even if you did by some quirk by some miraculous twist of political fate you would then have a President harris and that is a dismal prospect in my humble opinion well we're taking your phone calls at 800-684-3110 and i'm glad we're getting logan a diversity of views and people are considering not just the legal consequences and not let's just impeach him and that's fine if that's your position but the political consequences of these yeah i think shows we actually have a smart listenership that understands that you can't just look at the thing on face value you got to look at what else could be the implications and weigh your best options going forward sometimes that may not be because obviously if he's right if if uh President uh if vice President harris became President harris then you have potential also for her to run again and then a second term and uh yeah it could be uh unraveling a lot different than she could get that honeymoon he's talking about of course yeah i think a lot of people would give some grace there and then if she runs again you're talking about another person who you may right now think that is not a great candidate for President but you never know when they've actually done the job what could come of it so we are going to go to the last segment of this broadcast i can't believe this hour's done and there are a lot of you watching on our social media platforms share it with your friends we encourage you to do that also i've opened up two lines call us we want your view on this 1-800-684-3110 800-684-3110 heather stay on the line robert and bobby stay on the line we're going to get to you as soon as we come back 1-800-684-3110 if you want to talk to us on air folks your support of the aclj is critical as we're talking about this issue and educating you on this issue this is from the lawyers that have done an impeachment we're showing you the trial notebooks and the briefing notebooks that we had at the actual impeachment trial that we did and we're giving you that kind of analysis you don't get that anywhere else i encourage you to support the work of the aclj and our matching challenge campaign at aclj.org welcome back to secular last segment of the day we're just going to take all these calls we've really enjoyed answering your calls and answering your questions today so let's continue going let's go first to heather who's calling on uh from montana but watching on rumble uh thanks for watching on rumble it's a great platform for us heather you're on the air hi heather hi thanks for taking my call sure i just wanted to say um that i am in support of impeachment against joe biden i feel that the evidence that we've heard uh that has come out is a lot more convincing that the than the evidence that they had against President trump and so i just feel that uh all of these options against joe biden should continue to be pursued what evidence have you heard that you think in your mind rises to that level of impeachment uh how you talked about the um bribery i think that um the call where they've alleged that he's sitting that hunter hunter says that he's sitting with his father and i just think that it opens it up to potential corruption so here's the here's the i think those are that's a good analysis a good answer and there's never a bad answer in these things but andy here's where it does bring an issue and that is this we i'm not so sure that crimes before you were President or vice President would be able to be the basis upon which impeachment article could go forward that would be a technical defense the President's lawyers i would sure make that defense that wait a minute you're talking about something that was done 10 years ago now we've had an election now you're trying to impeach him for something that happened 10 years ago i think that would be a real defense here i'm not saying it would be valid but i think it's an open question well i think that's a very good point jay and i've thought about that all along remember all the allegations of the things that biden did whether it be bribery crimes or misdemeanors are that he had did those while he was vice President of the united states and the only thing that they claim now is that he lied about it subsequent to that when asked about that presumably when he was both vice President and when he was President so it would be i suppose the lie that catches him in the impeachable offense and that could be defined as the high crime and misdemeanor again it's a political thing and it's always the lie that gets you in the end it's the false statement about something that you did if you had owned up to it it may not be a criminal offense but the fact that subsequent to committing it you lied about committing it may be what gets you in trouble yeah there's a lot coming out we should probably play this bite that we came from kjp and the reporter a discussion as you see sort of a shift in tone this is just from what a day ago two days today or yesterday yesterday but with a conversation just take a listen curious if the white house and the President still stand behind his comment that he's never been involved in has never even spoken to his son about his so i've been i've been asked this question a million times the answer is not going to change the answer remains the same the President was never in business with his son i just don't have anything else to add which wasn't the question that he was asked that was not the question that was asked whether you were in business with your son the question was were you aware of your funds funds businesses and did you have conversations with these business partners that is very different now so that's the okay so now you know what their defense is he wasn't legally maybe evolved legally in business so that's where this is going they're gonna have to start doing that listen when you represent a President and i'm and two of us on this broadcast app you you learn how these things go that's where this is going to go we understand it let's take another phone call yeah let's go to bobby who's calling in new york on line one bobby welcome hey bobby hi guys from niagara falls on the american side um i think they should be going after merrick garland instead but i also want to say that i think harry from west virginia made a great point uh uh so uh hats off to uh harry from west virginia and that's all i'm going to say thanks very much well the interesting thing is there was talk of uh impeachment oracle's coming against merrick garland for a lot of misstatements and then there's been talk about fbi director ray as well who doesn't seem to be able to answer any question when asked on that but right now the focus seems to be on a much higher prize and that's the commander in chief yeah absolutely let's continue on and try to take a couple more calls before we wrap up let's go to mike in florida watching on youtube mike welcome hey mike hey hello thanks for taking my call i um i'd like to say i think they should impeach him i think the process will expose him and damage his chances for 2024 it definitely puts people through it it's not like an easy or fun process no because you you lay out the evidence they have to move on this rather expeditiously you lay out the evidence of where you think a crime has been committed by the individual here the President a high crime or misdemeanor or bribery which is specifically set forth in the articles of impeachment and they actually have a proceeding where they vote out articles of impeachment that is not the trial we had we never stepped on the floor andy of the house of representatives no lawyer from the our team ever was in a deposition of any witness that the house called and they had plenty of them i i saw a quote that i used during the impeachment where i said that the President's team came here and ready to try the case the managers told us that they had overwhelming evidence a complete record that was compiled entirely under the house of democrats control with no involvement of for cross-examination or anything else we never stepped on the floor of the house of representatives for that proceeding it was tried then in the united states senate when of course then the President's lawyers which included me and andy as well were able to make our defense and we ultimately uh received an acquittal for our client having said that it does tell you how significant this issue is and again as you pointed out we were in there fighting a battle after the fact without having been given due process before the fact we never went into the house of i've never stepped into the house of representatives in my life they never gave us the opportunity to develop a record as a defense lawyer on behalf of my client they came in there simply with their articles of impeachment and their managers and then they began their prosecution without any any effort to accord the President President trump due process of law i hope that that does not recur i agree i agree with any we only have two minutes let's quickly take one more call and we'll try our best maybe we'll get to both we'll see uh joanne's calling from ohio line four you're on the air hey joanne hey joanne hi guys um good to talk to you too um my thing is i get what jay's saying about past crimes right you know when he was the vice President but you know i mean the democrats have been beating donald trump over the head with the fact that he was impeached we all know he wasn't convicted in the senate we knew he wasn't going to be convicted in the senate with most likely right we know that with with joe biden too but maybe at least if we can say he was impeached by the congress we can beat him over the head that's that's also a valid point let me tell you this as the lawyer that tried the case we felt like we had the overwhelming defense and we felt like andy we had the votes but i will tell you there are times during these proceedings where you don't know how it's going to go what witnesses are going to maybe be called we had that whole fight over to the john bolton book remember that was going on so you can never just assume you're not going to get to that threshold of two-thirds you got to defend the case as if you're behind well you absolutely do it's like trying a jury trial you never know what the jury is going to do and you never let your guard down until that jury comes back with a verdict you don't know what they might do you don't know what senators might do what they might do ultimately and so we persisted all the way to the end and i sat through a roll call as you did it was a historic moment in my life the high point of my life the honor of representing the 45th President of the united states and of sitting in the united states senate as the role was called i mean it means something a great deal to me and i think that it's something that again to echo what you have said throughout this program you may not like joe biden but give him due process 100 well i'm sure we're gonna be talking about this more in the days ahead i'm glad we're able to give this kind of analysis logan that's right thank you for supporting the work of the aclj you can do that today by going to aclj.org and make a donation all donations effectively doubled right now at aclj.org we'll talk to you tomorrow
Whisper: medium.en / 2023-07-25 14:43:59 / 2023-07-25 15:04:55 / 21

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