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Levin on Impeachment Trial: 'None of This Is Legitimate...Period' 

By Emma Riley | January 26, 2021 | 4:32pm EST
Conservative host Mark Levin speaks at the Conservative Political Action Conference (CPAC). (Photo credit: SAUL LOEB/AFP via Getty Images)
Conservative host Mark Levin speaks at the Conservative Political Action Conference (CPAC). (Photo credit: SAUL LOEB/AFP via Getty Images)

Conservative radio host Mark Levin blasted the impeachment trial of former President Donald Trump, saying "none of this is legitimate...period." 

The trial is set for Feb. 9 and U.S. Supreme Court Chief Justice John Roberts will not be presiding over the hearing. 

"The chief justice wants nothing to do with this, so they’ll give it to [Senator] Patrick Leahy (D-VT) -- he’ll preside over the trial. That’s not what the Constitution says; this is all being made up,“ Levin said. "They are mending the Constitution on the fly to fit their narrative."

Levin discussed Article 1, Section 3, Clauses 6 and 7 of the Constitution which state, “When the President of the United States is tried, the Chief Justice shall preside.” Instead, Senate President Pro-Tempore, Patrick Leahy (D-VT), will be presiding over the trial.

Below is a transcript of this portion of “The Mark Levin Show”: 

“This wasn’t an impeachment at all. The Democrats got together, they voted within 48, 72 hours to try to trash the president of the United States on his way out the door because they were hoping that they would carry through with the trial so he couldn’t run again. But none of that’s right, no hearings, no witnesses -- "well, that’s not required, Mark" -- of course it’s not required, but a kangaroo court's a kangaroo court! 

And now they say they want to have a trial in the Senate, but they are going to wait until the current Democrat president has a good 30, 60-day honeymoon period before they go after the former Republican president. Is that what the framers intended? Of course not. 

Impeachment is for the most dire circumstances. Impeachment is about reversing an election. Well, there’s no election to reverse here because the former president is the former president, number one. And number two, there is no dire circumstance now, period. Number three: in the case of the president of the United States, the Constitution is quite specific. Article 1, Section 3, Clauses 6 and 7: The president is tried. The chief justice shall preside. That’s what it says: "when the president of the United States is tried, the chief justice shall preside," period. "Well he’s a private citizen now, Mark, anybody can preside" -- we’re going to have [Senator] Patrick Leahy (D-VT) they say -- who is going to preside. Patrick Leahy, the longest-serving Democratic senator, barely coherent, slurs his words -- much like the current president, the president pro temp. So they don’t want Kamala Harris anywhere near this, so Leahy will step in. Well, that’s no problem, the legal analysts tell us, because Donald Trump’s not president anymore.

So follow this, they impeach him as president, they try him as private citizen, but because he’s a private citizen, he’s not president anymore, the chief justice wants nothing to do with this, so they’ll give it to Patrick Leahy -- he’ll preside over the trial. That’s not what the Constitution says; this is all being made up. They are mending the Constitution on the fly to fit their narrative. If the chief justice of the United States won’t participate, what does that tell you? Moreover, it would be a conflict of interest, as I explained last week at some length, considering this matter could wind up in the Supreme Court, depending on whether former President Trump wishes to run or not. Patrick Leahy has no authority to preside over a trial of an ex-president who's now a private citizen. The trial itself is without constitutional authority. The purpose of the trial is to remove a sitting public official. "Well, Mark, they want to prevent him from serving in the future." But it doesn’t work that way. You can’t have an impeachment, then a trial, and a conviction [unintelligible] that’s not how it works. Now if you’re a former federal prosecutor, you’re not used to this complicated stuff. It’s a little too complex. It’s not in the criminal code and so you let your mind wander, you start projecting, and you start doing stupid stuff. The fact is none of this is legitimate, period.

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