As the impeachment trial of President Donald Trump is all set to begin on 8 February, to prove allegations against his involvement in inciting an insurrection and threatening democracy, there are dim chances that President Joe Biden would utter even a single word on investigation of Election fraud. The impeachment trial process involves, the Senate to hold a judicial-style trial of President Trump. On 13 January this year, the House of Representatives attempted to impeach President Trump for a second time on the charges of 6th January protests that allegedly invited incident of violence, resulting in killing five people at the Capitol Hill in Washington. Democrats claims that the violence erupted on the instigation of by President Trump after he addressed thousands of his supporters outside the building in order to stand against the election 2020 fraud results. There is no doubt that President Trump’s case for impeachment has no merit as violation of law, rule, regulation, or statute has not taken place. Hence, he cannot neither be properly removed nor impeached because he has not committed actually a statutory crime.

Keeping aside popular claims that Election 2020 was computer engineered fraud, if we critically analyze the situation post Election 2020; Joe Biden was not President of the US as he had not yet taken oath under Article II. In grave violation of the constitutional provisions, Joe Biden along with certain officials were actually controlling the Administration and the Pentagon that also was the real cause that led to tragic incident of killing of five persons on 6th January. The Democrats on the incitement of Joe Biden were blocking the path of democratic peaceful protests by the supporters of President Trump. Had there no counter-rallies, five people would have not been killed.

There are at least five main issues to be discussed to help those who intend to carryout impeachment process; 1) Under the First Amendment US governments legitimately may impose limited curfews only during times of dire emergency but Mayor of Washington, Muriel E. Bowser imposed curfew based on political uncertainty from 6 to 21 January. Is a Mayor authorized to do so without proclamation of disaster; 2) President Trump was Commander in Chief of the Army and Navy of the US and of the Militia. Why despite initial President’s opposition National Guards were deployed in Washington; 3) If the US President decides to delay some event under which law he be prevented from doing so; 4) Under which constitutional provision President Trump was kept aside and Vice President was asked to remove the President from office; and 5) Under which law Pentagon and secret services took the stage and prevented President Trump from certain actions in the name of national security, which he also mentioned in his speeches?

Article II of the constitution bars exercise of any power or interference in affairs of the United States government until proper oath is taken, “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Since no such oath was taken by Joe Biden so he was not entitled to furnish any opinion or order with regard to affairs of the United States.

A quick look to other provisions American constitution; Article II of the Constitution of USA provides that a President of the United States and the Vice President shall hold their office during the term of four years. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President. And in case of both of the President and Vice President in same context, Congress appoints an officer to act as President to act accordingly, until the disability is removed, or a President shall be elected. When there was no issue with the President or Vice President, how Joe Biden could incite to prevent and exclude President Trump from exercising his lawful right to run the governmental affairs. The State institutions and agencies were also preventing him to perform his obligations or deliver traditional speeches etc.

Article 1, Section 8: Powers of Congress highlights Congress power to provide for calling forth the militia to execute the laws of the Union suppress insurrections and repel invasions. Congress has powers to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively…  Section 2 provides that the President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States… But despite initial President’s opposition of bringing military into the politics, National Guards were deployed in Washington and elsewhere. There is a question how any order wan be given bypassing US Commander in Chief.

Article 1 Section 3 judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor. Impeachment in Article II, Section 4 of the Constitution allows for the removal of federal officials, including the vice president, from office for "treason, bribery, or other high crimes and misdemeanors". In case of President Trump there was none of condition that was applicable on President Trump so how he was prevented from running the affairs and Vice President was asked to impeach him and run the show.

Congress ratified and adopted it by the Act of 21 March1942, by which it was made a misdemeanor to knowingly enter, remain in, or leave prescribed military areas contrary to the orders of the Secretary of War or of the Commanding Officer of the area. The cases which subsequently arose in consequence of the order were decided under the order plus the Act. How President Trump fits here? One wonders where the evidences of crimes he committed are and who will be the witness of what. The fact cannot be denied that no evidence exists on ground or has been highlighted till now other than the narration of the incident in which five people were killed when President Trump’s supporters gave call for peaceful protests. The real unresolved issue is that once the Impeachment drama is over, will Washington investigate evidences of fraud in Election 2020?