Ken Starr, a former appellate judge and U.S. solicitor general, says that with the facts coming out about what happened at the Jan. 6 Capitol riot, those pushing for impeachment of former president Trump should recant and apologize to both him and the American people.

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Ken Starr (KS)  former Solicitor General of the US and Whitewater Investigation of Bill Clinton years ago, has a great legal mind.

JS: Is a trial to convict someone no longer in office is this unconstitutional?

JS: Facts matter, the idea that this was a spontaneous riot, seems to not be true.

KS: It’s wildly unconstitutional. Lack of hearings, counsel with the president. House had it in power to impeach the president of the US.

What is about to unfold is a flagrant violation of the text, structure and history of our constitution and of the historical example of the Nixon resignation. I would like to see thoughtful people on both sides of the aisle argue that this is unconstitutional. All people of good will who have taken an oath of the constitution to read the text of the constitution. It’s a pernicious precedent. If they were serious about this, then lets impeach Obama and Hillary Clinton. They lost their authority to impeach on Jan 20th when Trump left office.

JS: Why isn’t CJ Roberts presiding, so does it make it unconstitutional?

How does it add to the equation that this is not constitutional?

KS: The CJ of the US reads the constitution and says there is no authority of constitution.

The constitution is very clear that the CJ shall reside over impeachment.

Let’s formalize this and have someone send a letter to CJ Roberts sayin,  you have a duty to be here.

So Roberts will have to respond that he does not have the authority.

Another tell tale sign this is all unconstitutional.

JS: when we go back to House impeachment, a couple of hours after Jan 6

KS: It was a classic rush to judgment, unfortunately with ten republicans joining, it has the reality of it being bi-partisan.

Now we look at the timeline, in The NY Times, Wash Post. Facts coming in, there was a terrible rush to judgment. People should be recanting.

At least those voices should say I made a mistake. They made a huge blunder. Apologize to the President and American people. I rushed to judgment.

JS: I’ve gone through alll the afidavits. This thing was planned for weeks. The devices were planted the night before at the RNC and DNC

It’s been debunked this was spontaneous.

JS: Why are some lawmakers making this decision? Seems some thoughtful people made a rushed decision.

KS: I cannot judge not lest you be judged. Certainly there was exasperation. My own view was once the electoral college was complete, that was in as a matter of constitutional law. But the post 1876, they passed a series of votes, Hawley, Cruz, had a legal leg to stand on. We want to inquire into the votes. That’s all fair. I have a strong view, that the constitution speaks to this situation. Once the vote has been certified, then the votes are cast.

They had a leg to stand on. That triggers the first amendment. The 46 min the president spoke, it is shielded by the first amendment.

It’s argued : “The president does not have first amendment rights. We the people do. The people are protected not the leaders.”  That is too extravagant to be maintained.  We all are protected by the 1st amendment.

KS: The fair point Sec of War of 1876, Belnap secretary of war (defense)  was corrupt, the House was ready to return articles of impeachment. You can’t fire me, I will quit. The house preceded to impeach him. And gave him a fair trial. He was trying to skirt the constitutional powers. As soon as it was passed by the House, there was a duty to transmit it right away. No one preventing anyone from doing that.

Once Nixon resigned, the House stopped on a dime. Bi partisan committee stopped because they read their constitution. It’s about removal and disqualification.

KS: The Chief Justice is not presiding.

(British) Parliamentary history is interesting. But does not trump the constitution.

It was a shameful impeachment of Warren Hastings- it was political

What the senate is doing is Bill of Attainment. Punishment on the head of a former president. That constitutes a bill of attainer.

They can’t impeach, he left peacefully. They can’t remove him. He left lawfully.

Another example of parliamentary practice. Article 1 Section 9, Congress has no authority has no ex post facto law.

NO no of no no’s punishment on the head.

This will live in historical infamy.

JS: do you feel the President’s team is taking a good approach?

KS: They are going to be arguing no jurisdiction, no authority

First amendment. too.

I do not think they will litigate the issues during the election.

I think that can go either way. Classic judgment call. Former Pres Trump’s call

JS: If you read the brief,

The president had a first amendment right to bring up

Wisconsin election rules changed were not approved by the legislator

State of Virginia violated the constitution

Courts have ruled that way.

JS: We are not going to be hearing about election machines in the trial.

JS: Massive companies, you tube, google, twitter, Facebook

KS: shame on people in Silicon Valley. This is the kind of things we see in CCP

It’s a travesty.

It’s public held company not the gov

What is the recourse

We are seeing an eloquent speech by Gov DeSantis

I am helping Tx AG paxton, so full disclosure

Yes, we need to

Anti trust laws guard against monolistic power.

Modern Robert Barrons do.

Immunity granted in section 230

American people need to rise up to their representatives.

It’s outrageous that voices are being squelched.

Ill use the first amendment.

This is un-American

WE MIGHT NOT AGREE but it’s still protected

Liberals used to be the champions of this

ACLU the Neo nazis in Illinois, they defended the right to parade in streets of skokie, I find it offensive but our sweet land of liberty

You don’t censor it.

JS: we have lost the precipice of that.

JS: I’ve gone through the FBI files and a growing number of people are accused of planning days and weeks before.

Brand New. Fed prosecutors filed against Ethan .. State of Washington. Posted messages in Dec to plan this. He was raising money for equipment.

Let them remember the day they decided to start a war with us.

Jan 4th he posted Proud boys going to bring back 1776, no democracy no peace.

JS: How could this stuff be going on in plain view? What was the FBI doing to stop the violence that was clearly planned days and weeks ahead.

It was a planned even. Not spontaneous event. This impeachment article

(Photo Credit: The White House Flickr.)