I expect some Republicans will argue that Trump can't be impeached because he was engaged in "free speech."
That is utter constitutional nonsense. It gets the First Amendment wrong. It gets the Impeachment Clause wrong. And it gets the facts of what actually happened wrong.
That is utter constitutional nonsense. It gets the First Amendment wrong. It gets the Impeachment Clause wrong. And it gets the facts of what actually happened wrong.
"Among the most foolish ideas circulating right now is that Donald Trump cannot be impeached and removed for his role in fomenting an insurrection aimed at Congress because he engaged in constitutionally protected freedom of speech" @dorfonlaw
http://www.dorfonlaw.org/2021/01/dont-ask-whether-trump-falsely-cried.html
http://www.dorfonlaw.org/2021/01/dont-ask-whether-trump-falsely-cried.html
"The First Amendment doesn't protect high-ranking government officials from being removed from office because of their speech." @IlyaSomin https://reason.com/volokh/2021/01/08/the-first-amendment-doesnt-protect-trump-against-impeachment-for-his-role-in-inciting-the-assault-on-the-capitol/
"The First Amendment imposes no constraint on Congress's ability to impeach and remove President Trump not to disqualify him from holding future office." @jadler1969 https://reason.com/volokh/2021/01/08/yes-congress-may-impeach-and-remove-president-trump-for-inciting-lawless-behavior-at-the-capitol/