Michael Gaynor
The Impeachment of President Trump is the Real Abuse of Power
By Michael Gaynor
January 15, 2021

Unfortunately, the Supreme Court gave finality to state certifications, making the stealing of a state's electoral votes an issue outside the scope of Supreme Court review for Electoral College purposes.

President Trump believes that he should have received enough electoral votes to be reelected and that he was impeached because his political enemies want to disqualify him from running again for President and the Democrat majority in the House of Representatives had the votes to impeach.

That impeachment is an egregious abuse of the impeachment power.

President Trump was impeached for allegedly inciting an insurrection, so a look back at the impeachment of President Andrew Johnson, who succeeded Abraham Lincoln, the first Republican President of the United States, is in order.

Andrew Johnson, a Tennessee Democrat, had joined with Lincoln on a national unity ticket and succeeded to the Presidency upon the assassination of Lincoln.

The so-called Radical Republicans were not pleased with Johnson and succeeded in impeaching him, but, by one vote, not in having him removed from office.

Essentially the Radical Republicans tried to criminal political differences.

All twelve Democrat Senators voted to acquit and were joined by seven Republican Senators, including Senator James Grimes.

Grimes explained that "[h]owever widely...[he]...differ[ed] with...Presidenrt [Johnson] and however deeply [he]...regretted...the differences between [the President] and the Congress," he could not "suffer [his] judgment of the law governing [the] case to be influenced by political considerations."

Grimes further explained that in voting whether or not to convict he was "acting in a judicial capacity, under conditions whose binding obligation can hardly be exceeded," and he felt constrained to "act according to the best of [his] ability and judgment."

Grimes described his duty this way: "If..the President is guilty, I must say so; if...the President is not guilty, I must say so."

To Grimes, President Johnson's "character as a statesman, his relations to political parties, his conduct as a citizen, his efforts at reconstruction, the exercise of his pardoning power, the character of his appointment, and the influences under which they were made" were "not before him."

How many Democrat Senators will do the same if the impeachment of President Trump for allegedly inciting an insurrection is tried after President Trump is out of office on January 20, 2021?

I think that the same number of Democrat Senators who voted to convict the impeached Democrat Presidents (Johnson and Bill Clinton) will vote to acquit former Republican President Trump if there is such a vote: zero.

I hope that I am wrong about that, but since Democrat Senator John Tester of Montana indicated that he wants to punch President Trump in the face and President-elect expressed his yearning to take President Trump behind the gym and beat him, I wonder if even one Democrat Senator would dare to prioritize the rule of law over political pandering.

Insurrection is "a violent uprising against an authority or government."

Perhaps a case can be made against Rudy Giuliani for calling for trial by combat, but President Trump expressly called for peaceful protest and he is entitled under the First Amendment to express his opinions on vote fraud.

Vote fraud hardly began in 2020. For example, in "Justice and Vote Fraud," published on October 27, 2008 in The Wall Street Journal, it was stated: "Vote fraud is real and can affect elections. In 2001, the Palm Beach Post reported that more than 5,600 people who voted in Florida in the 2000 Presidential election had names and data that perfectly matched a statewide list of suspected felons who were barred from voting. Florida was decided by about 500 votes."

In 2000, CBS (Dan Rather) called Florida for Democrat presidential candidate Al Gore before the polls had closed in the predominantly Republican Florida Panhandle. Surely that fake news suppressed the Florida Panhandle vote, and without it the winning margin of Republican presidential candidate George W. Bush would have been greater, not narrower.

Media bias at work or a good faith mistake?

There was not that type of fake news on Election Day 2020, but there were widely reported suppression polls before that day, or were pollsters simply unfit?

Justice Robert Jackson eloquently stated that the Supreme Court is not final because it is infallible; it is infallible because it is final.

The Supreme Court actually is not infallible, of course, and neither are state certifications, particularly the ones that President Trump disputes. Unfortunately, the Supreme Court gave finality to state certifications, making the stealing of a state's electoral votes an issue outside the scope of Supreme Court review for Electoral College purposes.

© Michael Gaynor


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

Click to enlarge

Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)


Receive future articles by Michael Gaynor: Click here

More by this author

August 7, 2023
Elections can be 'stolen' in many ways, and the 2020 U.S. presidential election is a 'perfect' example

April 11, 2023
'Politics ain't beanbag,' but investigation and prosecution of Donald Trump by rabid partisans must stop

January 16, 2023
Perhaps learning why the Pearl Harbor attack was a surprise in Hawaii but not in Washington can help us appreciate and learn from other federal government mistakes and move forward wisely

November 4, 2022
Free True the Vote's Catherine Engelbrecht and Gregg Phillips

October 3, 2022
Who Sabotaged the Nord Stream pipelines?

August 13, 2022
Mar-a-Lago raid shows Trump derangement syndrome has fortuitously worsened

July 5, 2022
From the Warren Court to Roberts Court to Thomas Court

May 21, 2022
Speaker Nancy Pelosi has been barred from receiving Holy Communion at last

November 19, 2021
Justice ultimately prevailed in the Kyle Rittenhouse case

September 1, 2021
Is Afghanistan President Biden's Waterloo, or America's, too?

More articles


Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
Flashback: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Pete Riehm
The world shares Israel’s problems

Peter Lemiska
The poisonous mix of imported hatred and home-grown ignorance

Michael Bresciani
Prophecy 2024: Major prophecies are closing fast

Selwyn Duke
For the West to live, immigration(ism) must die

Mark Shepard
Black Men for Trump – Makes a lot of sense

Cliff Kincaid
Will someone investigate the NSA?

Rev. Mark H. Creech
Revelation Chapter 19: Guarding against idolization, John’s angelic encounter

Steve A. Stone
No retreat – No surrender – No quarter

Matt C. Abbott
A pro-life charity watchlist

Jerry Newcombe
Western civilization’s most important and neglected strand

Curtis Dahlgren
God's 'practical joke' on Jew haters

Cherie Zaslawsky
Israel in the crosshairs: Part One
  More columns


Click for full cartoon
More cartoons


Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites