Jason Miller, a senior campaign adviser to former President Donald Trump, Tuesday insisted that his second impeachment trial is unconstitutional and a "vindictive way to try to beat him for future elections."
"The things on trial are the First Amendment and freedom of speech," Miller told Fox Business' Maria Bartiromo on "Mornings With Maria." "The fact of the matter is the Constitution very clearly spells out the only point of impeachment is to remove someone from office. Well, President Trump is already out of office."
Miller added that as the trial unfolds, there will be a number of Democrats who have used "far worse language" than Trump used on the day of Jan. 6, when he is accused of having incited rioters to attack the Capitol while lawmakers were in session to confirm the Electoral College's vote for President Joe Biden.
"When you compare that, we would have to go and impeach half or two-thirds of the Democrat caucus if we go by that standard," said Miller. "The other thing, we are looking at a real true and accurate timeline of events from Jan. 6, you'll see the bad actors that were involved in horrific attacks up at the Capitol were planning and plotting activities long before President Trump said anything."
Instead, Miller said, Trump was "talking peacefully, told folks to go up to the Hill and cheer on lawmakers, but be patriotic, be peaceful. If you know anything about President Trump, you know, he deplores any aspect of violence."
Miller added that he hopes Trump seeks election in 2024 but said no decision has yet been made.
"I think the president is going to be involved in making sure we win back the House and Senate in 2022," he said. "We saw abuses in the last election and we have to get it cleaned up but President Trump will stay active. I think it's going to take a little bit of rest and relaxation at Mar-a-Lago but we will see him right back at it shortly."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
© 2026 Newsmax. All rights reserved.