Jonathan Turley, Did The Democrats “Tank” The Second Trump Trial?

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Authored by Jonathan Turley,

[Editor’s note: While I am a fan of Jonathan Turley, he is dead wrong about this: there was no case for “incitement of insurrection” and I find it embarrassing that he suggests there was. Take a look at the earlier study from The Federalist also published here, namely: “No, Donald Trump did not Incite and Insurrection”. I am simply dumbfounded that he argues as he does below, but I still want to share his contrasting point of view.]

Below is my column in USA Today on the lack of a strategy by the House to secure conviction in the trial of former President Donald Trump. As I have previously noted, the House managers did an excellent job in their presentations and many of the videotapes rekindled the anger that most of us felt over the riot. They also reinforced the view of many (including myself) that former president Donald Trump bears responsibility in the tragedy that unfolded due to his reckless rhetoric. Yet, there was a glaring omission in the substance of the House arguments.

The managers did not lay out what the standard should be in convicting a former president for incitement of an insurrection and only briefly touched on proving any “state of mind” needed for such a conviction. That is why I have referred to their case as more emotive than probative. It lacked direct evidence to support the claim that Trump wanted to incite an actual insurrection or rebellion against the United States, as alleged in the article of impeachment.  I do not believe that an acquittal was inevitable in this case, but it was all but assured by critical decisions made by the House in this impeachment. The unforced errors discussed below raise the question of whether the Democrats “tanked” the trial.

Here is the column:

The second trial of former President Donald Trump is shaping up to be a curious exercise designed more to enrage than convict. While legal eagles will be analyzing every move, what citizens really need is an Philadelphia Eagles fan to understand what is unfolding. In the NFL, it is called “tanking.” This year, there was a raging debate whether Eagles coach Doug Pederson was actually trying to win or just losing convincingly to secure a better draft pick. The House trial strategy has every indication of a tanked trial, but few are noting the glaring lack of a credible offense.

When it comes to football, tanking allegations arise when the inexplicable speeds along the inevitable. That point was reached this season when Pederson decided not to tie the game against Washington in the third quarter with a field goal and instead put Nate Sudfeld in the game over Jalen HurtsThe House may have reached that point when the managers seemed to be trying harder to make a better case for losing than winning. That was driven home by the selection of such managers as Rep. Eric Swalwell in the wake of his scandal with Chinese spy. Swalwell’s comments not only include disturbing legal claims, but highly personal and offensive remarks like mocking threats against Susan Collins, R-Maine. Swalwell declared “Boo hoo hoo. You’re a senator who police will protect. A sexual assault victim can’t sleep at home tonight because of threats. Where are you sleeping? She’s on her own while you and your @SenateGOP colleagues try to rush her through a hearing.”  Pelosi picked not only a member who has viciously attacked Republicans but one of the Republicans most needed by the House in this trial. Sending in Swalwell made the Sudfeld substitution look like sheer genius.

If this was an NFL board of inquiry, three signs of tanking would standout.

The Snap

The first indication was the use of what I have called a “snap impeachment.” The House wanted to impeach the president before he left office, which was perfectly constitutional. I have long maintained (as I did as a witness in the first Trump impeachment hearing) that the House can legitimately impeach a president on his very last day in office if it has evidence of a high crime and misdemeanor. However, after Jan. 6 the House had time to hold hearings (even if only for a day or two) to create a record supporting impeachment. The House leadership refused despite the urging of some of us that no impeachment had ever been submitted with no record of a hearing, investigation or formal opportunity for a president to respond.

It was an ironic moment. In the last impeachment, I criticized the House leadership for impeaching Trump on the thinnest record in the shortest time in history. It then outdid itself by impeaching him a second time with no record and no hearing. Even a day of hearings would have reduced the serious prudential concerns of senators, but the House pushed through a snap impeachment on a muscle vote. That left the House with no record despite being denied witnesses in the prior impeachment by the Senate

The Article

The greatest indication of tanking was the language of the article itselfEven a single day of hearings would have allowed experts to discuss the potential impeachable conduct and the crafting of articles of impeachment. There was credible impeachable offenses in Trump’s conduct on January 6th and its aftermath. Instead, the House leadership insisted on impeachment for “incitement of insurrection.” The House is not alleging reckless or negligent conduct leading to a riot. It is alleging incitement to actually seek rebellion or overthrow of the country. The article specifically refers to section 3 of the 14th Amendment in its prohibition of anyone holding office if they “engaged in insurrection or rebellion against” the United States. Even moderate senators who condemned Trump for his speech would be highly unlikely to convict on such an article.

The House made it easy on those seeking acquittal. It could have crafted an article that would appeal to broader bipartisan support. Instead, it sought the most extreme language alleging incitement to an actual insurrection — virtually guaranteeing a partisan vote and likely acquittal.

The House also included language that only strengthened the expected challenge facing the House in seeking a trial for a former president. The article declared Trump “has demonstrated that he will remain a threat to national security, democracy, and the Constitution if allowed to remain in office.” Yet, the House was virtually certain that he would already be out of office when he came to trial. The language magnified concerns over the constitutionality of retroactive trials. Not only does the Constitution refer to the trial as deciding whether to remove “the President” but the article itself refers to the purpose of such removal to protect the nation. While the article mentions disqualification from future office, the article is crafted around an urgency that would become a nullity in a matter of days.

The Record

What occurred next was familiar to NFL fans suspicious of tanking. Nothing happened. The House made it to the end zone of a Senate trial and then stopped on a dime. The House demanded witnesses in the Senate but then let weeks pass without calling any witnesses that would be relevant to proving Trump’s intent or state of mind. It could have created a public record and locked in testimony in case the Senate, as expected, declined to call witnesses or severely limited witnesses.

Thus, weeks passed as key witnesses gave public interviews. Yet, the House refused to put them under oath in hearings. Why? A dozen witnesses could have testified and the record could have been referenced or incorporated in the trial. These are witnesses like former Acting Secretary of Defense Chris Miller and his two closest aides, Kashyap “Kash” Patel and Ezra Cohen describing what Trump said and did during the critical period, including discussions of the use of National Guard. Most recently, a senior aide said that Trump was “loving watching the Capitol mob” on television. The witnesses are doing everything short of wearing sandwich boards outside of the House asking to be called, but the House has refused to create a record. If it called hearings, the House would have reduced the concerns over the use of a snap impeachment and dramatically strengthened its case. Instead, the House preferred no record.

The House brief in the Senate further highlighted the lack of direct evidence on Trump’s state of mind. It laid out an emotionally charged but legally incomplete case for the Senate. To convict, the House needs to show Trump was more than reckless. It crafted the article as inciting an actual rebellion or insurrection, not mere negligence. Instead, the House plans to show clips of damage and interviews with rioters to show how Trump’s words were interpreted rather than intended. The thrust of its case is a parade of horribles from that day, a narrative that will harden the minds of many but change the minds of few. Without such evidence, the Trump team will be able to hammer away at similarly reckless rhetoric used by Democrats, including members of the “jury.”

That is why, with the start of the trial, there is growing suspicion of a tanked trial. The House will present a case long on emotions and short on evidence. Trump will then be acquitted and Democrats will look to picking up new talent in the 2022 draft.

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37 thoughts on “Jonathan Turley, Did The Democrats “Tank” The Second Trump Trial?”

  1. Not only was there no incitement to violence by Trump on January 6th, there was essentially no violence at all that wasn’t staged. Nobody died as a result of violence (one policeman died of suicide, one of complications following a stroke, the “murder” of Ahli Babbitt was as phony as a $3 bill, and the real Trump supporter deaths were medically related), and a few windows were broken by ANTIFA posers right in front of a bunch of policemen who didn’t bother to do anything. Another thing that wasn’t present on January 6th? A major debate and presentation of voter fraud in multiple swing states, which was trashed following the Capitol protests. That’s the real story of that day. It doesn’t matter, though–we saw the ballot dumping and switching and other computer fraud, we saw the videos, we saw the testimonies. We are testaments to the truth.

      1. So true…a complete and utter farce. Is it not remarkable that we the people with limited resources and no MSM can expose this madness, yet the US, with every resource available fails to reveal what actually happened and misses an opportunity to show it to the world. Something stinks to high heaven. This impeachment joke was a desperate move from desperate criminals who realize they are close to their end.

      2. It’s really necessary to watch that video several times to catch it all….and to notice a few things NOT discussed.

        WHY did no one go after the shooter.?…after all, the window was out.

        If someone had a wound on their neck, how smart would it be to carry her DOWN the stairs HEAD FIRST??

  2. The most infuriating thing is the way everyone ignores the obvious falsity of the Capitol ‘insurrection’ event. If only the defense lawyers would mention that! The rioters were provably not Trump’s people, but the defense sat there and let the house managers smear the case with that allegation.

    Someone said to me that they will never expose any false flag, no matter how it could help them because it would take away their most powerful weapon. Meaning, the most powerful weapon for both sides.

    I had hoped that wasn’t true. I was thinking maybe someone on Trump’s side would expose the mendacity. I was hoping someone was outside of these Gladio-style ops.

    Where is the military? You’d think they’d be pissed by now!

  3. J.T. doesn’t seem like the type of guy that is coming over on Poker Night, mainly, because he is not invited. Notice how the word “Tank” is in Quotation Marks? … In the Simple Cypher, we connect … “Tank” = 46 = “Chaos” = 46 = “Win” = 46 … Maybe it is a signal to a future Date? … Very Interesting that March 2nd has a Date Numerology equal to [3 + 2 + 20 + 21] = 46 <<< … This dude has been around way to long … Let's explore his Name … "Jonathan Turley" = 184 = "Law Professor Name" = 184 K = "Fake G.W. Professor" = 184 = "Secular Humanist" = 184 = "Temper Tantrum" = 184 = "Decoy Distraction" = 184 = "Create Discussion" = 184 … Creepy. I think this is why they call these dudes Spooks … Not to mention … "Turley" = 101 = "Spooky" = 101 <<< 26th Prime Number … "Lie" = 26 … Turley is definitely out for Poker Night!

    1. I don’t get the recent revival in the fascination with gematria. Does it mean anything yet?

      What the hell does it mean? Or portend? Or reveal? Or signify? Pick any word you want and give me a concrete example. It’s been years now.

      And “”Turley” = 101 = “Spooky” = 101 <<< 26th Prime Number … "Lie" = 26” is not an example. It tells us nothing; Turley is anything but spooky. Are we supposed to consider that he is secretly, gematrically spooky? And what would that gain us? We can already see when he is mistaken.

      These equations remind of the ineffective masks people construct out of t-shirts or whatever and wear as talismans to ward off diseases in their imaginations. ‘Create and Believe in your own Magic!’

      1. “black magic”…That’s why I stay as far away from this nonsense as possible…little different than voodoo…it works based on fear and the power of suggestion.

      2. And it’s similar to what’s going on now with Biden. They’re “suggesting” he’s president when we all know better.

      3. In the Jewish Cypher, we connect … “Al Qaeda Terrorist Attack” = 911 <<< Which Day did that Happen? If you would like more examples, I could show you. You aren't watching … "C.N.N." = 13 = "C.I.A." = 13 .. right now are you? In reference to "Turley" = 101 = " Spooky" = 101 <<< 26th Prime Number … "Lie" = 26 <<< This is Like a Signature. The Prime Numbers are Important … They can not be 'Divided' … The '101' is Important, because … we connect … "Division" = 101, 911 = Freemasonic Symbol" = 911 = "World Jewish Congress" = 911 = "Hoax Terrorist Attack" = 911 = "Box Cutters and Knives" = 911 = "Secret Templar Code" = 911 = "Tisha Bav" = 911 <<< Since an Al Qaeda Terrorist Attack actually did happen on Tisha Bav of that Year 2001 … you know … One Tends to think … "Hey, that's weird, Is this a Coincidence or is this a Communique ?

      4. O.K. , Then why did you ask ? You are free to just ignore my work, Gematria just isn’t for you, and I’m O.K. with that. I notice you brought up the Masks. Are you aware of Event 201 ? The main feature to 2020 was the COVID-19 Hoax. The #26 is the Main Feature to the Pandemic. In Steve Jackson’s Illuminati Card Game … The Card Titled … “China” = 26 = “Lie” = 26 … What else Connects with 26? … How about … “China” = 26 = “Unleash” = 26 = “Plague” = 26 = “Disease” = 26 = “Tricks” = 26 = “Virus” = 26 = “Twenty” = 26 = “Target” = 26 ” = Sheep” = 26 = “Scheme” = 26 = “Riot” = 26 = “Hide” = 26 = “Lie” = 26 = “Game” = 26 = “Mandated” = 26 … Just curious if you would like to go on the record, and tell us all this is just a Coincidence ?

      5. Jake….I must say, your attitude has striking similarities to a recent guest from Friday on Jim’s Raw Deal. I could be wrong, but it’s an amazing coincidence. The guest went by the name Adam Protester. He was a very bright guy, but just had a delivery style that was not open to discussion or debate. YOU seem to have the same way. If wrong, no big deal.
        No one is questioning your information. We are just sincerely attempting to solicit the information from you that would make the data you present USEFUL in our search for the truth. If your reply is “do the work”, don’t bother. If you are not willing to share your knowledge and understanding here, maybe you SHOULD write a book and in that way make a few bucks and get the information out to everyone.

      6. Jake Lebowski says, “Just curious if you would like to go on the record, and tell us all this is just a Coincidence ?”

        Your question implies that you consider these calculations to be intended, rather than coincidental. I have questions:
        Intended by whom?
        Are these calculations determinative? How so?

      7. Will … your not seeming to understand. You’re walking around in a state of Bewilderment, because the News is Manufactured. It has always been Manufactured. Those in the know are Mocking you, because everything you need to know, is being told to you, and it’s Funny to them, that you don’t know what they are saying. Take this Vote for example, which if you wanted to know in advance, you could have Decoded it, was 57 – 43 … Follow Along .., “Senate Impeachment” = 171 = “Ending Fourth Day” = 171 = “Win of Fourteen” = 171 = “Fifty Seven Nay” = 171 = “Forty Three Yea” = 171 … If you are wondering how to come up with these connections quickly ? Just do what your enemy does. Build a dictionary of Numbers coupled with a Definition, to have handy all the time. After a while, your brain will start storing them for you, and you will just know what the Number Represents Intuitively.

      8. OK, Jake…I see that as somewhat fair…but I must honestly state that I am not willing to spend my time at my age (when each day becomes more valuable as those moments come and go more quickly) engaged in that endeavor. Why not impart to us through your expertise what event you believe will be the next on stage. For instance, do you have any hint as to when and IF Trump will be inaugurated as the 19th president of the New Republic. Now, that’s a question everyone here would love to have answered.

      9. Toni, … The Gematria Communication System comes from Francis Bacon, probably 1 of the most respected Freemasons. If you haven’t figured it out yet, you were born into a Masonic Empire. That’s why at the Washington Monument it says … “Freemason and 1st President.” … Every wonder why you Celebrate July 4th, Like 74 = “Masonic” = 74 = “English ” = 74 = “Gematria” = 74 = “Lucifer” = 74 = “Jesus” = 74 … The occult side of Gematria is the Kabbbalah, and of course, if you go Way back, it is the Decoding of the Bible. It’s not just Communication, it’s Ritual, Tribute, & Sacrifice. You ask , “All intended by Who?” … The short Answer to that is … ‘Our Enemy’. The point entire point is for them to communicate out in the Open, and maintain ‘Plausible Deniability.’ I always found it very interesting that … “Deniability” = 110 = “Adolf Hitler” = 110 = “President” = 110 = “Ronald Reagan” = 110 = “Martial Law” = 110 = “Gangsters” = 110 = “Psy-Ops” = 110 = “Liar” = 110 = “Rockefeller” = 110 <<< Who Built the World Trade Centers ? How Many Stories are They ?

      10. And allow me to elaborate:

        Will … your not seeming to understand. You’re walking around in a state of Bewilderment, because the News is Manufactured. It has always been Manufactured. Those in the know are Mocking you, because everything you need to know, is being told to you, and it’s Funny to them, that you don’t know what they are saying.

        That’s quite an assumption to state I am walking around in a state of bewilderment. I will say any bewilderment I have is not from any news I may hear in the MSM, since I do not even have a radio or TV on which to listen or watch any news. My main “bewilderment” (if one cares to label it as such) comes from not understanding the human flaw (s) that has put us in this position. In all honesty, I do not see how any knowledge of gematria or building a dictionary of numbers will solve that puzzle.
        I have never been mocked as far as I know and if I was, I would simply see it as ignorance. So whatever they may be imparting in their covert ways (apparently to communicate with others of their ilk or as part of their ritual that says they must tell everyone) is of no consequence to me. If someone speaks a language I do not understand, do I find a translator or translation or do I spend years learning that particular language? The answer for me is obvious UNLESS I am the only one who does not speak that language and the only way to communicate to all others is by learning that language. That is NOT the case here.
        These creatures are pure evil and spread evil. I have no need to participate.
        You, on the other hand, seem to need that participation, so keep those numbers and calculations coming, but allow me to be so bold as to say few are really “getting it”.

      11. Will … Well of Course … If the Military didn’t have your back, you and I would already be Tattooed Lampshades or still stuck in a Concentration Camp. Nobody lost WW II. World War II was a Pre-designed re-arrangement of the World Order. The numbers will show you … The U.S.A. entered the War on December 7th, 1941, a Date with Date Numerology of … [12 + 7 + 41] = 60 = “Order” = 60 = “Berlin” = 60 = “Intel” = 60 = “Third Reich” = 60 = “Nazi Technology” = 60 = “Agreements Made” = 60 = “Declare War on U.S.” = 60 = “Arizona is Sunk” = 60 = “Code Name” = 60 = “Second” = 60 = “World War II” = 60 = “Pearl Harbor” = 60. Why is it that … “They” … brought the Nazi Officers here after VE – Day? … Probably because … “Nazi Technology” = 174 = “New World Order” = 174 = “Coordinated Event” = 174 = “C.I.A. Black Operations” = 174 = “Code Name [World War 2]” = 174 … As far as POTUS return … I find it very interesting that the Original Inauguration Date was March 4th, because … “D.J.T.” = 34 <<< Match 4th? Only GOD Knows …

      12. No … I’m a Trained Structural Engineer, who started his own business in the Basement doing Residential Structural/Architectural Auto-CAD Drawings. I live in a Red State. I became aware of Gematria when I was very young, because my Grandfather was a Mason, and high ranking Air Force Officer. I didn’t actually understand how it could be used until I put the effort in to figure some things out. I have never been in the Public Forum, in any way. You are NOT Correct !

  4. Almost no one points out that Trump was set up. This was the final stage of a Color Revolution used to oust Trump the legitimate winner of the 2020 presidential had the election been run honestly. Why is it next to impossible to obtain and independent audit of the Black Box voting machines? The is no reasonable explanation for the sudden spikes in Biden’s alleged numbers. This fraudulent election and the installation of puppet Biden is the beginning of the end of the nation. The Dems were able to pull off the so called insurrection with agent provocateurs as the catalyst, and put the blame on Trump with the help of a completely propagandist and corrupt corporate media. Unfortunately you don’t hear this anywhere, particularly not from the Republicon establishment who pulled off 9/11 similarly.

  5. I tell you, when the truly mighty fall, they sure as hell expose those who were riding on their coattails.
    Maybe that’s part of Trump’s strategy so he won’t be fooled again.
    Piss-off Turley and let your hair grow a bit so you don’t look like some game show host.

  6. Who or what got to Turley? Of course they tanked it. It was meant to be tanked. There was NO EVIDENCE. It was a show for the reasons I cited in my other post. What in the name of all that is holy or unholy could Turley possibly be thinking?
    …more than disgusting….as putrid as both fake impeachments.
    Turley may be a member of the BAR, but he sure as hell may be spending too much time at the other bar.


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