A group of constitutional law scholars published an open letter on February 11, 2021, suggesting that the First Amendment (i.e. the right to free speech) need not apply when impeaching Trump.*  They opine that the impeachment proceedings are not necessarily about unlawful acts. Therefore, Trump is not entitled to free speech in his defense. To use an analogy, Trump is impeached as though he is a member of a golf club, which can cancel his membership without bothering about the First Amendment.

But, Trump is impeached as a former US president who is, of course, also a US citizen. Even an illegal alien, often through translation, is allowed to argue against deportation in a US court. 

Free speech implies due process, and due process is what defense of one’s constitutional rights is all about. By the way, last time I checked, Congress was not a golf club, even though it is full of golf club members.

Everyone understands that the second impeachment, like the first one, is a political ploy through and through. No good constitutional law scholar can defend a farce. A farce is like a hot air balloon. The First Amendment is like a needle. That’s why the impeachment hotheads would like to keep the First Amendment out of sight. They can’t keep it out of mind, anyway.

I am no fan of Trump. I am just a fan of the US Constitution.

---- by Lingyang Jiang

*https://www.unpublishedottawa.com/letter/323023/constitutional-law-scholars-reject-trump-1a-defence