“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.”
“Preconstitutional practice in England and America included impeachment of former officials. Ten of the 12 state constitutions that were written before the U.S. Constitution was drafted addressed impeachment. In those state constitutions, Kalt notes, “late impeachment was either required, permitted, or not discussed, but was nowhere explicitly forbidden.”
Did the Framers mean to break from historical practice by limiting impeachment to current officials? If so, they never clearly expressed that intent.
The Constitution says “the President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” It gives the House the “sole Power of Impeachment” and the Senate “the sole Power to try all Impeachments,” while limiting the penalties to removal from office and disqualification from future federal office.
This “poor drafting,” as Kalt describes it, leaves unresolved the question of whether the optional penalty of disqualification is enough to justify a Senate trial when the mandatory penalty of removal from office is no longer possible. As Turley sees it, “a private citizen is being called to the Senate to be tried for removal from an office that he does not hold.”
Kalt and many other scholars argue that the aims of accountability and deterrence would be frustrated if a president could avoid impeachment or trial by committing “high crimes and misdemeanors” toward the end of his term (as Trump is accused of doing) or by resigning (as Belknap and Richard Nixon did) after his misconduct comes to light. They also argue that disqualification is an important remedy when a president guilty of serious misconduct might plausibly make a comeback.
The “good faith” to which Turley aspires is hard to perceive in the arguments offered by most of Trump’s critics and defenders. As Stanford law professor Michael McConnell (who thinks Trump’s trial is constitutional) notes, “much of the discussion…consists of motivated reasoning on both sides that no doubt would be the opposite if partisan roles were reversed.””
“There’s plenty of debate among legal scholars about the validity of the Republicans’ latest argument that only sitting presidents can be subjected to an impeachment trial, even if the House issued impeachment articles while he was still president. Examples exist of federal officials who were impeached after leaving office. In 1876, President Ulysses S. Grant’s Secretary of War William Belknap was impeached, tried and acquitted after he left office. In 1862, a federal judge who had deserted for the Confederacy was impeached and disqualified from holding federal office, as well.
Whether these precedents would persuade the U.S. Supreme Court that Trump’s second impeachment trial is constitutional is likely unanswerable. The only way to get the question before the Court is if Trump were to challenge a conviction in the Senate. Even then, the Court could dismiss the case as a political question that only Congress can resolve. Congress answered that question in the affirmative this week — presidents can be tried after leaving office, at least so long as the impeachment occurred beforehand. Moreover, it’s hard to argue that the case is moot — or stale — because the Constitution offers a remedy that’s still meaningful for citizen Trump: “disqualification to hold and enjoy any office of honor, trust or profit under the United States.”
In light of the events of Jan. 6, the Republican consensus that Trump’s impending trial is unconstitutional is chilling.
It would mean that first-term presidents who lose reelection can, with impunity, incite mob insurrectionists to attack the Capitol while Congress is counting the Electoral College votes. As Laurence Tribe tweeted, Rand Paul’s argument “would give all future presidents two weeks at the end of their term to go on a crime spree without ever having to face the consequences in a Senate disqualification trial.” By definition, there’s never enough time between Jan. 6 and inauguration day, Jan. 20, for Congress to present and vote on articles of impeachment, transfer the articles to the Senate, swear in senators, subpoena the president, exchange pre-trial briefs, hold a real trial with witnesses and documents (which Republicans blocked the first time), deliberate as Senator-jurors and vote on whether to convict.
So where does this absurdly narrow interpretation leave us? Apparently, if you want to impeach someone for attempting to overturn an election by force, the plot needs to be successful and you have to wait until the first part of his second term to do anything about it.
It’s hard to imagine this would have made sense to the Framers.”
“Liz Cheney was once considered the future of the GOP. Now she’s fighting to keep her political career alive.
After voting to impeach Donald Trump last week, the highest-ranking woman in the House GOP finds herself at risk of losing her leadership post; staring down a pro-Trump primary challenge; and censured by some of her own party back home in Wyoming.
The most immediate threat to Cheney — a push by Trump loyalists to oust her as conference chair — has gained momentum inside the House GOP, although the process is complicated and could still sputter out. But at least 107 Republicans, or just over a majority, have communicated to the leaders of that effort that they would support removing Cheney from leadership on a secret ballot, according to multiple GOP sources involved in the effort. Others are threatening to boycott future conference meetings if she remains in power.”
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“If Cheney does lose her post, it will be the latest sign that the Trumpification of the Republican Party isn’t stopping anytime soon, even after the ex-president flew off to Mar-a-Lago with a disgraced legacy in Washington. Some say the Cheney fight has already become a proxy battle for the heart and soul of the splintered GOP.”
“Cheney is the highest-ranking Republican to commit to backing impeachment so far. In a scathing statement, she wrote that “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.”
Cheney’s statement continues: “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.”
Not long before Cheney’s statement, Rep. John Katko (NY) became the first elected Republican member of Congress to commit to backing this impeachment. “To allow the president of the United States to incite this attack without consequence is a direct threat to the future of our democracy,” Katko said in his own statement. “For that reason, I cannot sit by without taking action.” A third House Republican, Rep. Adam Kinzinger (IL), announced his support for impeachment, too.”
“Trump has defended the firing, telling reporters on Saturday during a White House coronavirus task force briefing that the longtime public official was a “total disgrace” for the way he handled a whistleblower complaint that led to the president’s impeachment.”
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“Meanwhile, Atkinson released a lengthy statement Sunday night about his firing, asserting that Trump removed him simply for doing his job.
“It is hard not to think that the president’s loss of confidence in me derives from my having faithfully discharged my legal obligations as an independent and impartial Inspector General,” Atkinson wrote.
Democrats have condemned the firing as an abuse of power and a brazen act of politically motivated retribution by a president emboldened after the Senate acquitted him in his impeachment trial. Republicans have been tepid in their criticism of the action, but some, including Sen. Chuck Grassley of Iowa, said the firing “demands an explanation,” while others largely deferred to the president’s unorthodox leadership style.”
“That clear abuse of power for Trump’s own political gain led the Democratic-majority House to impeach the president. Afterward, the Republican-held Senate chose not to investigate further by declining to call any witnesses in its trial of the president and is expected to acquit him.
This means that, ultimately, the impeachment system designed to keep the top levels of the US government from descending into lawlessness has failed.
That, as former Estonian President Toomas Hendrik Ilves and others say, will make it harder for the US to tell other nations to follow America’s lead.”
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“In an ideal America, Trump would receive a severe reprimand for abusing his power and his corrupt practices, like using the presidency to enrich himself and his family. Even if short of impeachment, Republicans could’ve placed severe political pressure on Trump by showing him their support has limits.
That’s not what happened. Instead, Trump’s party will be responsible for letting him get away with the Ukraine scandal basically unpunished.
He has been formally impeached, and that in itself is significant regardless of whether or not he’s removed from office, but given that no House Republicans voted for impeachment, Trump and his allies can argue (and have) that it was merely a partisan political ploy and not the serious rebuke for his behavior it is supposed to be.
It’s worse when considering one of the arguments Trump’s legal team has made: that a president can basically do whatever he wants in order to get reelected if he believes his reelection is good for the country.”
“Following a speech on the Senate floor on Tuesday in which she announced she’ll vote to acquit, Collins told Norah O’Donnell of CBS that she believes Trump “has learned from this case” and “will be much more cautious in the future.”
Getting impeached “is a pretty big lesson,” Collins said — the implication being that Trump will be chastened going forward from trying to pervert diplomacy into an opposition research opportunity, as he did with the Ukrainian government.”
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“Trump has spent five months insisting that a phone call he had with Ukrainian President Volodymyr Zelensky that’s at the heart of his impeachment — one in which Trump implicitly linked military aid to Ukraine with the country helping him with investigations of his political rivals — is “perfect.””
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“look at the circumstances surrounding the Zelensky call. It happened on July 25 — one day after special counsel Robert Mueller wound down his investigation of Trump by testifying to Congress and saying Trump could be indicted after his term for obstructing justice because of his interference with the Russia investigation.
But instead of responding to the end of the Russia investigation by cooling his jets, Trump was on the phone with the Ukrainian president the very next day trying to solicit political favors — the very same conduct that fueled suspicions about his Russia dealings in the first place.”
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“Trump told reporters during an off-the-record lunch on Tuesday that, indeed, he doesn’t feel he has any lessons to learn from getting impeached.”
“Republicans on Capitol Hill are standing firmly behind Trump because GOP voters and GOP activists and elites are demanding that they do so. There just isn’t much room to break with the president of your party if close to 90 percent of voters in the party approve of him and many of those voters get their news from sources strongly supportive of that president.
Why are Republican voters and elites so strongly aligned with Trump? There’s not a simple answer, but I think identity — rather than ideology — is a big part of it. Trump is defending the identities of people who align themselves with the GOP, and this is a more powerful connection and reason to back him than pure ideological concerns. In defending Trump, conservative voters are really defending themselves.”