“Some of the steps Trump took in the service of his election fantasy were by themselves clear abuses of power. The trial memorandum notes, for example, that he “tried to induce Michigan’s top Republican legislative officials to violate Michigan law by rejecting the popular vote and selecting a Trump slate of electors.” In a January 2 telephone conversation, Trump pressured Georgia Secretary of State Brad Raffensperger to “find” the votes necessary to overturn Biden’s victory in that state, warning that failing to do so would be “a criminal offense” and “a big risk for you.” Trump publicly and privately urged Vice President Mike Pence to block congressional affirmation of Biden’s victory. Since that is a power the vice president does not actually have, Trump was soliciting Pence to do something illegal.
Meanwhile, Trump continued to press his doomed, delusional cause with highly inflammatory rhetoric, castigating Republican officials who questioned his claims and warning that democracy would be destroyed if Biden were allowed to take office. He kept doing that even after it became clear that some of his followers were responding with death threats and violence. His campaign to overturn the election results culminated in his fiery January 6 speech to thousands of supporters who had gathered in Washington, D.C., to “stop the steal” at his behest.”
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” Trump made the stakes clear. “We’re going to have somebody in there that should not be in there,” he said, “and our country will be destroyed. And we’re not going to stand for that.””
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“After the protest turned violent, Trump compounded his irresponsibility by only belatedly urging his supporters to be “peaceful,” even while reinforcing the imaginary grievance on which the rioters were acting. “At 1:49 PM, after insurrectionists had overcome the Capitol perimeter—and after reports of pipe bombs had been confirmed—President Trump retweeted a video of his speech at the rally,” the trial memorandum notes. “Just over thirty minutes later, at 2:24 PM, while rioters were still attacking police and after Vice President Pence had been evacuated from the Senate floor, President Trump again tweeted to excoriate the Vice President for refusing to obstruct the Joint Session: ‘Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.'”
The House managers add that Trump “did not take any action at all in response to the attack until 2:38 PM, when he issued his first tweet, and 3:13 PM, when he issued a second.” The first tweet said protesters should “remain peaceful,” while the second said there should be “no violence.”
During this time, the House managers say, “not only did President Trump fail to issue unequivocal statements ordering the insurrectionists to leave the Capitol; he also failed in his duties as Commander in Chief by not immediately taking action to protect Congress and the Capitol. This failure occurred despite multiple members of Congress, from both parties, including on national television, vehemently urging President Trump to take immediate action.”
Finally, more than three hours after the riot started, Trump released a video in which he urged “peace” and told his supporters to “go home now.” At the same time, he reiterated that the election was “stolen from us” after he won in “a landslide” and closed with this mixed message: “We love you, you’re very special.…I know how you feel. But go home and go home in peace.” That evening Trump tweeted: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”
Here is how Rep. Liz Cheney (R–Wyo.), the third-ranking Republican in the House and one of 10 Republicans who voted to impeach Trump, interpreted the events of that day: “The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution.” Sen. Mitch McConnell (R–Ky.), then the Senate majority leader, agreed that “the mob was fed lies” and “provoked by the president.””
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“freedom of speech “does not protect government officials from accountability for their own abuses in office,” the House managers say. “The Supreme Court has made clear that the First Amendment does not shield public officials who occupy sensitive policymaking positions from adverse actions when their speech undermines important government interests. Thus, just as a President may legitimately demand the resignation of a Cabinet Secretary who publicly disagrees with him on a matter of policy (which President Trump did repeatedly), the public’s elected representatives may disqualify the President from federal office when they recognize that his public statements constitute a violation of his oath of office and a high crime against the constitutional order.””
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“The House managers also address the argument that Trump’s trial will only exacerbate the bitter political division between his supporters and his opponents. “Many have suggested that we should turn the page on the tragic events of January 6, 2021,” they say. “But to heal the wounds he inflicted on the Nation, we must hold President Trump accountable for his conduct and, in so doing, reaffirm our core principles. Failure to convict would embolden future leaders to attempt to retain power by any and all means—and would suggest that there is no line a President cannot cross. The Senate should make clear to the American people that it stands ready to protect them against a President who provokes violence to subvert our democracy.”
Since Trump’s acquittal seems to be a foregone conclusion, I’m not sure how clear a message the trial will send on that score. But there is value in laying out the details of this shameful and horrifying episode. Even if only a handful of Republicans favor conviction, a bipartisan vote will signal that Trump did much more, and much worse, than express an opinion.”