The op-ed is momentous, and former White House Chief Strategist Stephen K. Bannon remarked on the show that he “wants to make sure this gets in front of President Trump today.”
“This is the legal argument we’ve been waiting for, we have our elevator pitch,” Miller said about the op-ed. “This is our road map,” giving the legal, historical, and Constitutional argument against impeachment proceedings.
Rivkin told the War Room he believes the House will impeach Trump, however there should not be “anything less than a staunch repudiation [in the Senate].”
“The way this alleged impeachment process is being driven by the Democrats does not constitute proper deployment of the impeachment powers. Everything the House is doing is all provised based upon the fact that you need an authorization from the whole house to constitutionally invoke this very formidable power.
“We argue that even if there was a house rule that authorized the speaker to deploy impeachment power, it would be constitutionally suspect. But actually, there’s no rule at all. So what Speaker Pelosi did basically is entirely free style.”
“The level of anti-Trump animosity is so high it warps people’s minds,” stated Rivkin, “I wish more people would be writing about it, it is a time of tremendous peril.”
Additionally, Rivkin points out: “What the Democrats have put on the table so far is not a high crime or misdemeanor. A deep dive into the Constitution shows how the framers rejected a more capacious formulation of impeachment power called maladministration in favor of high crimes and misdemeanors. The important thing to underscore is despite the typical notion that the framers were primarily concerned about preventing another King George from arising, […] they were primarily concerned about legislative supremacy. They expected it. The legislature was the most powerful branch they created.”
Co-host Jason Miller also addresses another major point of the piece: “This is also an effort to politically undermine President Trump’s foreign policy agenda. Democrats and career bureaucrats they hate president trump’s America first foreign policy agenda. This is their effort to go and work around that.”
Rivkin wants to see a “staunch repudiation by the Senate of this” and for the body to “dismiss this summarily.” He thinks they shouldn’t even “hold the impeachment trial,” only an “abbreviated discussion.”
To Bannon, Rivkin’s argument “is the line of attack.”
To Miller, it’s the “Republican elevator pitch.”
To Kassam, it’s the right “historical, constitutional, and emotional argument.”