Devils Advocate Archive 2007
- February 4, 2016

Constitutional writers have long understood the meaning of the terms “Treason,” “Bribery,” and high Crimes.” But the phrase “high Misdemeanors” was a subject of controversy.
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Congress cannot disqualify Trump from serving as president again.
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The doctored anti-Trump videos did not meet any reasonable standard of admissibility.
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In an impeachment trial, if the House managers claim that the accused’s alleged lies form a basis for conviction, then they have the burden of proving—by clear and convincing evidence—that the statements were, in fact, lies.
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To ensure fairness, the prosecuting House managers must demonstrate decisively (1) that the election was fair, (2) that Trump had no reasonable grounds for believing otherwise, and (3) that he had a corrupt motive for lying.
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Whatever you may think of Trump’s speech, the evidence shows, and the prosecutors implicitly admit, he did not commit a crime. This creates some problems for the prosecution.
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