To answer his question: yes, I was mocking. There is nothing in the Constitution that says “Thou Shalt Not Tweet” or anything unique about Twitter for the purposes of impeachment. There is no ban on tweeting like there is for emoluments. It is simply a form of communication. It is the content of communications and not the vehicle that concern constitutional analysis.
A more serious question is raised in the last tweet. How is insulting a former president or making a false allegation a misuse of power? A president does retain a modicum of free speech. There is no evidence of Tribe using the powers of his office other than conveying his views of an allegation that was published on a conservative website. Indeed, part of the complaint against Trump is that he failed to use his staff to confirm whether the allegation was indeed true.
A President can be removed from office only upon “Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” U.S. Constitution, Art. II, section 4. As Professor Tribe maintained during our respective testimony and writings in the Clinton Impeachment, “Our Constitutional structure reaffirms that the standard must be a very high one.”
Tribe and I have disagreed about the history and meaning of the impeachment standard, but this is one disagreement that I did not anticipate. Twitter and social media allows for citizens, including presidents, to vent their opinions and views. That is protected speech in my view absent a few narrow exceptions. Just as Trump could say these things in person, he can say these things in Tweets. There is nothing about Twitter that changes the foundational fact that this is an opinion. It may be erroneous or even non-presidential but it is an opinion.
I still hope that there will be an impeachment controversy where Professor Tribe and I will find common ground. However, it will not be over these “impeachable tweets.” Of course, the final tweet may not have been sent with much circumspection but of course that is the very point of this entire controversy.