“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,” he argued.
As The Inquisitr reported, the articles of impeachment allegedly focus on Trump’s instigation of violence against the U.S. Capitol as well as his phone call with Georgia Secretary of State Brad Raffensperger, which saw him try to coax the state official to overturn the region’s electoral results.
In his piece, Turley noted that the focus of the impeachment is Trump’s remarks at Wednesday’s rally that led to the storming of the historic American building. Although the attorney condemned the head of state’s remarks, he suggested that the address does not meet the criteria for incitement per the United States criminal code.
“It would be viewed as protected speech by the Supreme Court,” he asserted.
According to the commentator, Trump “never actually called for violence or riots,” which he claimed undermines the purportedly forthcoming articles of impeachment.
Turley ultimately argued that Trump’s comments are protected by the First Amendment of the Constitution and warned of the precedent that impeachment would set.
“It would create precedent for the impeachment of any president blamed for violent acts of others after using reckless language,” he wrote.
The commentator concluded by claiming that the damage done to the Constitution by impeaching Trump again would be far worse than the destruction caused by the rioters that stormed the Capitol following Trump’s encouragement.
“This would do to the Constitution what the violent rioters did to the Capitol and leave it in tatters.”
Not everyone agrees with the legal analyst. As reported by The Hill, CNN legal analyst and former prosecutor Elie Honig contended that there is potential for Trump to face charges for criminal incitement. Although Honig noted that the case would be difficult to make, he claimed the president’s words on Wednesday ultimately provides a solid foundation for the U.S. leader’s prosecution for inciting violence.
According to Jonathan Karl of ABC News, it would be “virtually impossible” to impeach Trump before he leaves office. Karl claimed that Senate Parliamentarian Elizabeth MacDonough recently met with Democratic and Republican leaders and noted that a trial would likely not start until the day before President-elect Joe Biden’s inauguration, which is set for January 20.