Home 2021 Professor Dershowitz on Free Speech

Professor Dershowitz on Free Speech

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Professor Alan Dershowitz, 82 anni, opined on Free Speech and the 2nd impeachment of former President Trump Saturday.

He notes that President Trump asked for peaceful and patriotic demonstrations.

In America, “it has been a custom to differentiate an advocate and an actor“. That means that the law should go after the people who commit crimes, and not the speaker, and that this principle goes back to a letter that Thomas Jefferson penned in Y 1801.

Professor Dershowitz spoke on what options the Senate could take. Saying “They also have the option of voting against trying the case, they won’t do that, because all you need is a majority, to try the case you need two thirds to convict. But they have a majority now and they will vote to have a trial and that trial will be unconstitutional.”

He went on to say, “My own view, and it is not a view shared by other liberal academics, is that a Senate conviction would be Null and Void and Mr. Trump, citizen Trump could simply ignore the consequences. And if he decides to run for President in 2024, he would be free to do it. And the courts will have to decide whether the Senate had any authority to determine who the Presidential candidates in 2024 are.”

I believe that if there is a trial it will go for a long time and the Bright Lights would go back on Donald Trump, and that would not be a benefit for Democrats.

The Big Q: Have they thought this through?

The Big A: You can bet that Donald Trump has.

Donald Trump will move to uphold the Constitution by filing a lawsuit in the federal district court, stating that he is been subject to an unconstitutional bill of attainder.

Since Y 1787, the Constitution has contained a clause saying only that “no bill of attainder…shall be passed.” That clause was aimed at barring Congress from passing such a bill, since it is contained in a long list of clauses dealing with congressional powers. 

The Supremacy Clause in Article VI also means that the ban applies to state legislatures, too. In fact, 2 of the Supreme Court’s most significant precedents on the clause’s meaning, issued in Y 1867 and followed today, involved a state law in Missouri as well as a federal law requiring a loyalty oath of former supporters of the Confederacy during the Civil War. The Supreme Court said that the clause was “an important bulwark against tyranny.”

The concept of “attainder” by legislation dates back to 16th Century England.

Professor Dershowitz believes that the people chasing Donald Trump are doing so under the veil of progressivism and are presumed to be people of good will. Hence, the movement becomes much more dangerous than McCarthyism, which did not have the backing of the Mainstream Media.

“Unity is quickly becoming a worn-out word of the past, a  scapegoat – just rhetoric for certain Washington insiders whose only objective is blatant revenge.

As we all know, any impeachment process  is not only illegal under the Constitution but is also just another step in further divisiveness for us. That is not good for us as a Country, especially when 74 million people voted for a former President’s re-election.

To me and many others, it is a non-constructive step backward during a time when we need to be forward looking, solving our Number One and Number Two Problems – a speedy Nationwide implementation of a covid-19 vaccine and employment. It should not have been  H.R. 1 (note the numeric ‘1’ if you do not believe me), the so-called “For the People Act” – better known as the “Gag Act” –  the VERY first bill introduced by Democrats in the 117th Congress.”

The current Administration should look at the good that the prior Administration did and build on that, not destroy it. Greater fiscal deficits is purely the recipient of poor management if occurring over a prolonged period. Constantly blaming Covid-19 is getting to be a worn out excuse.”

Tracking employment should be the top priority for that extinguishes idleness which only leads to public unrest and accountability to one’s political platform should be a mandatory element for our economic recovery as we, in business, monitor performance against fiscal budgets which are similar to a political agenda.

“What one promises should be the focal point for accountability form that is what the American people have bought when one candidate is elected over another.

As Americans, we were promised the faster implementation of a vaccine to cure Covid-19. Little evidence has appeared to date that this is actually happening What is see and heard is that vaccines are either being destroyed or delayed by the States. An Act of Congress could easily correct this. A new stimulus package was promised and yet has not been delivered for many Americans, like myself, are yet to even receive the approved $600 by direct deposit, like we get our monthly Social Security checks. 

Now comes the employment issue where one does not take away jobs with having an ability to replace them immediately. Automatically, changing illegal immigration policies by implementing a policy and cancelling a pipeline do not accomplish that.  Raising taxes, which sounds always good to the lower income families, without looking at its effect on inflation and financial liquidity is also not constructive. Instead we should be looking at the abuses in social welfare where there are tremendous potential savings.

Taking down tariffs is not either a solution for it inhibits the sale of American made products. Medical prescriptions where we can buy the same products overseas at 1/5 the costs and Child abuse is also an acute topic that needs to be solved plus the prison inmate situation, opioids and  social unrest, all are currently out of control. 

This is where our Politicians should be focusing, not on an unconstitutional impeachment of now a private citizen which as we all know will go nowhere, just as the Russian and Ukrainian investigations. In business, we fire people on the spot for such unproductive energies but unfortunately we can not do that in this Country until election time where often politicians and the Media furnishes us with blatant lies on promises that can never be implemented,” thus says well-respected businessman Bruce WD Barren, who rejuvenated more middle-market businesses in the United States than any other individual and was recognized for that by the 101st Congress by Representative Christopher Cox (R-CA), (1989-2005), who subsequently became Chairman of the SEC.

Have a healthy weekend, Keep the Faith!

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Paul A. Ebeling, a polymath, excels, in diverse fields of knowledge Including Pattern Recognition Analysis in Equities, Commodities and Foreign Exchange, and he is the author of "The Red Roadmaster's Technical Report on the US Major Market Indices, a highly regarded, weekly financial market commentary. He is a philosopher, issuing insights on a wide range of subjects to over a million cohorts. An international audience of opinion makers, business leaders, and global organizations recognize Ebeling as an expert.