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The Byron York Show

Five Reasons Why the Trump Trial is Unconstitutional (And One Opposing View)

The Byron York Show

Radio America

News Commentary, News, Politics

4.8 β€’ 1.2K Ratings

πŸ—“οΈ 8 February 2021

⏱️ 24 minutes

🧾️ Download transcript

Summary

The impeachment trial of former President Donald Trump is beginning with a deep divide among senators. Nearly all Republicans believe it is unconstitutional to try an ex-president. All Democrats disagree. Democrats point to a majority of law professors who agree with them β€” no surprise there β€” while some conservative scholars and jurists support the […]

Transcript

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0:00.0

Hello and welcome to another edition of The Firing New York Show.

0:09.9

The No Chat Chat podcast brought to you today by Upstart.

0:14.0

We'll talk about that in a minute, but first we want to get right into it.

0:18.0

And what I want to get into today is kind of a guide to one of the most important issues

0:25.7

in the Trump impeachment trial.

0:28.2

You should call it impeachment trial too, but as you know, the former president's lawyers

0:36.9

and a lot of Republicans claim that it is unconstitutional to try an ex-president.

0:45.0

Now every single Democrat disagrees with them.

0:48.8

Now Democrats point to a majority of law professors who agree with Democrats.

0:55.0

Now that is not a surprise.

0:57.0

I mean, would anybody be surprised if a majority of law professors agreed with the Democratic

1:02.1

position?

1:03.1

No.

1:04.1

You would not be surprised.

1:05.1

But there are some conservative scholars and jurists who support the Republican position

1:09.9

that a Senate trial is not permitted by the Constitution.

1:14.4

So I've looked at this as much as I can and I believe the conservatives are right here.

1:21.2

So what I'm going to do is I'm going to present five reasons to support that Republican

1:27.9

position and I'm going to take a look at the strongest argument on the other side because

1:32.9

you always need to look at what is the other side's strongest argument and is it stronger

1:40.0

than the ones you have?

1:41.6

That's important to look at.

...

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