Today began the second impeachment trial for former president Donald J. Trump, this time for incitement of insurrection against the American government. Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt. The impeachment trial today covered whether it is constitutional to try a former official. This angle was designed to get Republican senators off the hook: if not, they could avoid voting on the article of impeachment.
246 years ago, a people risked and lost life and fortune to free themselves from the tyranny of a despotic ruler. Against all odds, they succeeded in liberating themselves from that ruler and created a representative democracy in which their leaders derived authority from the will of the citizens through periodic elections. Since George Washington took the oath of office on April 30th, 1789. There have since been 45 peaceful transfers of Presidential power. Not once has a President attempted to overturn an election illegally through deceit to retain power for himself. Until now. This has been done publicly, out in the open for all to see. The facts are clear, they are recorded in the phone call to Georgia and the multitude of videos of the President himself as well as all his enablers spreading his big lie. The insurrection itself played out on live TV for the whole country to see and was personally witnessed by every member in this chamber.
So, the question is not “did he do it?” The question is “what are we going to do about it?” A year ago, we asked the same question and the answer we gave was “yeah, he did it. But there is an election coming up, let the people decide” How did that work out? The American people know, the world knows, all of us in this room, we all know what Donald Trump did. He tried to end 234 years of our representative democracy. A democracy that many hundreds of thousands of Americans have died to defend over that 234 years. Today it is our turn to defend it. What will we risk? Will we risk our lives? No, not our lives. We will risk our jobs. Conventional wisdom has it that Republicans will vote to acquit Donald Trump not because he is innocent, but because to vote to convict him will be political suicide. You might lose your job. When the moment comes, and your name is called and you must choose between defending our republic or saving your job, the world will be watching. And History will remember.
“the only thing necessary for the triumph of evil, is for good men to do nothing.” – Edmund Burke
The House prosecutors did a superb job yesterday. Trump’s team failed.
Yet only six Republicans voted to allow the trial to proceed. Their complicity is maddening, but it is also deeply saddening. The Republican party has lost whatever semblance of a soul it might have had prior to Trump. Its soul is now dead – and this trial needs to be the nail that seals the coffin.
If I were giving the summation in the Senate trial:
In 2019, this body had the opportunity to put an end to one of the most corrupt and divisive chapters in American Presidential history and instead, voted to allow it to continue.
And a result of that choice, we find ourselves here today, one month after an attempted Coup that cost the lives of seven Americans and will forever haunt this this nation, this city, and the very room in which we are assembled today.
Donald J. Trump must not be allowed to hold elective office ever again. The Senate will be held accountable if it fails to hold accountable, the person most responsible for the events of January 6, 2021.
We may be forgiven by history for failing to act in 2019, but neither history, nor the America people, will forgive us if we do it twice.
“Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.” There is a Winnie the Pooh meme about this. Piglet: “ If they don’t convict him does that mean he is innocent? Winnie the Pooh “ No piglet, that means they are all guilty. “
I think it's important to remember that impeachment is a political process, not a criminal one. (Hopefully the criminal process will come a little later.) Trump isn't being judged by an impartial jury of his peers who look at all the evidence and hear all the arguments before drawing a conclusion. Impeacment is a political process where all the players make judgements based on their own political calculations and prejudices. There are no rules of evidence or discovery. Each side can present or ignore evidence as they please. There is no judicial precedent bearing on the process except as a political point of debate. In the end, all that is required are votes.
Senate Democrats have all made a rather easy political calculation; convict. Many Senate Republicans have a much more difficult calculation before them, one many will do their best to avoid. Democrats will do well to put those Republican "feet to the fire" and keep them there.
Morning, all!! Morning, Dr. R!! I received an email from "my" Senator, Mark Warner (D-VA) asking, among other things, to rate the importance of the impeachment proceedings going forward. Of course I rated it as "Very Important."
Of note (to me at least) is that each speaker had unfettered access to the floor, even if their remarks were not on point to the question of jurisdiction.
Though I do not remember particular names, it was "entertaining" to hear Congressman Neguse (D-CO) reference who in history had sat in the same chairs that some Senators now occupy.
Lead Manager Raskin (D-MD), in my estimation, was beyond awesome in his presentation.
I found Jamie Raskin's clarity, intensity and depth of feeling absolutely inspiring. I do not believe the remaining 44 Republicans are cowards. They are co-conspirators who will ride this pony as far as it can go. They believe in authoritarianism and they believe they will retain their power.
That works until the dictator, be it Trump or anyone else, finds them disloyal. Have they not been paying attention?
56 to 44 is astounding! I’m honestly speechless on this vote and has me very concerned for the outcome. Now it is called a trial, but the rules are so different from a court trial. Members of Congress who will vote blatantly profess they will vote to acquit before the trial even starts, they do not have to be in attendance or pay attention to what is presented, yet they are still allowed a vote if they show up at the end. They don’t have to base their vote on evidence or lack of evidence presented. Why are their no basic rules for this. This is their job and they are openly thumbing their noses at our Constitution and democracy. They are not serving the people they are only working to keep themselves in power. Why are their no immediate consequences for members of Congress who fail to do their jobs or uphold their sworn oats?
I'll keep this short since the proprietress has laid this out so succinctly.
"The goal behind impeachment....is to guarantee accountability and stop corruption."
So impeachment IS a valid political process, not a politicized process. The major flaw of that process, which the GOP is attempting to exploit, is the vagueness of what constitutes an impeachable act. Please refer back to Richard Zebel's piece in WaPo least week, which points out that Congress did nothing to codify specific actions and penalties for what January 6th really was: Domestic Terrorism.
"The defense lawyers’ problem, of course, is that they are being asked to defend the indefensible. They know it; we know it; Republican senators who have been defended Trump know it."
What Trump did wasn't a one-off loss of control that unfortunately went awry. We've known since before his election that much, or most, of what Trump has done is indefensible. His business practices, his treatment of women, his disdain for blacks, his claims of accomplishments, his lack of empathy, his "business acumen," his propensity for lying. Anyone who hoped he'd "pivot" was whistling past the graveyard. We have no right to be surprised. And those who have rationalized ANY of what he's done are delusional and/or manipulative and/or compromised, but they themselves are indefensible.
"During the video of the insurrection, Trump supporters Senators Marco Rubio (R-FL) and Tom Cotton (R-AR) looked at papers on their desks, Rick Scott (R-FL) looked at papers on his lap, and Rand Paul (R-KY) doodled."
In more coarse vernacular, "Man the f--- up!!!" You've got some serious issues. Rubio, a child of immigrants, overcame Trump's personal insults during the 2016 debates and supported Trump's vile treatment of families just like his. Think he cares about the American dream? Cotton, Ivy educated and combat veteran, advocated using the US military against its own citizens. Think he cares about the law? Rick Scott, another veteran and former governor, ran a company they committed massive Medicare fraud, resulting in 14 felony counts, almost $2B in fines, was fired, and walked away with $300M. Think he cares about his country?
"This big lie...is the rallying cry for a movement to destroy American democracy."
Trump's just had the loudest megaphone when he began complaining about rigged elections in 2016. The GOP isn't a party of "conservatives" who believe in limited government and personal accountability. It has been trying for years to structurally rig the system to ensure they'll maintain power even if they're in the minority. Any time they say they're looking to make America better, they're referring only to monied white Christians who don't give a second thought to denying others the American dream.
"Now, they are arguing that impeachment is a partisan attack on the part of Democrats."
Of course they are. They have no short term memory. They have no sense of irony. They have no fixed moral bearings. They have no problem projecting their own misbehavior onto others. They have no problem changing the rules as they go. And they absolutely no qualms about lying through their teeth. So yeah, sure it's a political act. They're just mad they haven't been able to dig up any real corruption or criminal behavior on the Dems in the last 50 years. Keep dreaming.
By what I watched today, it beyond my comprehension how the vote wasn’t unanimous. But then I remembered who/what we were dealing with. Thank you Professor for always putting the days events into a concise, readable format...for us non scholars!
... And yet, this time I am not afraid. I can't un-see what I saw, or un-know what I know. The truth is having its day. For me the verdict is clear. There's really not a lot to discuss.
Is it possible to fight the gerrymandering that will continue as red states redraw districts to marginalize people the best they can? This seems disconnected from the topic, but ten more years of Republicans in power because of unfair districting and voter restriction laws will keep the circus going.
Thank you, Heather --a concise and insightful synopsis with value added. I was struck by your saying:
'Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.'
So true. And consider the ramifications if those weak vessels do their pusillanimous computations and vote cult over country:
1. Trump is acquitted and possibly could run again. Maybe foolishly, I'm not so bothered by this. The man is despicable and lazy to boot and will be easier to defeat without the trappings of incumbency.
2. Some more dangerous, smarter, and equally or more charismatic (yes, we have to recognize that, though it's incomprehensible to our community, Trump is adored by a large number of our fellow citizens) president will take a lesson from this trial. A better organized attempt to push the Big Lie and overturn a lost election is within the realm of possibility. Like Jamie Raskin, I too would have thought, of course it's safe, it's the Capitol. His reminder that members of Congress were calling loved ones and removing their Congressional pins is absolutely chilling and needs to be repeated.
3. The worst presidency in our history -- inept, corrupt, malign, regressive, and utterly toxic to what should be American values -- becomes normalized. Our standards and expectations fall to those of a failed third world state.
I'm worried. I'm holding out hope that the House managers will present such a compelling case that public opinion will overwhelmingly swing to conviction and even the most pathetic and right wing members of the party of Q will choose to be absent for the vote. We know they can still count even if they no longer have the vestiges of principle.
So, thanks again Heather. I know whatever happens, I'll have your brilliance to lend context and clarity to the coming days. And thanks, too, for this community of kind and articulate voices for whom you've provided a platform.
Excellent summary as you caught the findings of today’s trial. Our impeachment managers did not disappoint. As Cassidy stated, they were “prepared and organized”. I have to say I was pleasantly surprised to see that a good ole Southern Republican boy from Louisiana sided with the Democrats.
Castor and Schoen were grasping at straws because that’s all they had but boy, they sure did a lousy job! One was a babbling brook while the other came out like an angry defeated cat.
More to be revealed tomorrow. Glad we all have front row seats.
Heather writes: “Trump is not trying to win just this trial: he is trying to win control of the Republican Party and, through it, the country.”
The preceding statement implies that, like the fictional Spectre of James Bond fame, Trump is the mastermind behind a monstrous plot to destroy our democracy and become dictator for life. This begs the question: Is Trump really capable of masterminding anything, let alone a plot on that scale? I don’t think so: he’s not that smart. The story of his life is that he’s never been good at anything but self-promotion on a petty scale. But the plot to destroy our democracy is real, so if Trump is not the mastermind, who is? Lindsey Graham? Mark Meadows? Vladimir Putin? All of the above? A cabal? I welcome your thoughts.
The prosecution is making its case to the American people, who will remember it in 2022 when the ads come out hanging 1/6 around the neck of every Republican running for election/re-election. 75% of the country would be happy to see those people hanged, drawn and quartered for their treason. (an event for which I would be happy to provide the rope, wield the knife and whip the horses)
In 1933, German conservatives thought they could use a minor political figure to bolster their coalition. They humored him and he turned on them, leading to the worst genocide in history. Hitler rose to power through violence and intimidation. In the last free election in Germany, the Nazi Party garnered only 38% of the vote, showing that a minority can gain control through tyranny.
I am not comparing Trump to Hitler. Like you, and many others, I am pointing the finger at who's on trial this week. The GOP and particularly the Republican Senators are the defendants in this proceeding. Those senators who vote to acquit the perpetrator of the most violent attack on American democracy will not be voting on the facts or the merits of the case, those are glaringly convincing. Rather, they will cast their vote out of fear of Donald Trump.
Their lack of courage will embolden future autocrats, who will take a page from both men's playbook to mount their assault. That is why we must hold Donald Trump accountable, to send a message to those future miscreants that violence and intimidation will not be tolerated, and will be dealt with swiftly and harshly. Our future depends on it!
My closing arguement on Thursday:
246 years ago, a people risked and lost life and fortune to free themselves from the tyranny of a despotic ruler. Against all odds, they succeeded in liberating themselves from that ruler and created a representative democracy in which their leaders derived authority from the will of the citizens through periodic elections. Since George Washington took the oath of office on April 30th, 1789. There have since been 45 peaceful transfers of Presidential power. Not once has a President attempted to overturn an election illegally through deceit to retain power for himself. Until now. This has been done publicly, out in the open for all to see. The facts are clear, they are recorded in the phone call to Georgia and the multitude of videos of the President himself as well as all his enablers spreading his big lie. The insurrection itself played out on live TV for the whole country to see and was personally witnessed by every member in this chamber.
So, the question is not “did he do it?” The question is “what are we going to do about it?” A year ago, we asked the same question and the answer we gave was “yeah, he did it. But there is an election coming up, let the people decide” How did that work out? The American people know, the world knows, all of us in this room, we all know what Donald Trump did. He tried to end 234 years of our representative democracy. A democracy that many hundreds of thousands of Americans have died to defend over that 234 years. Today it is our turn to defend it. What will we risk? Will we risk our lives? No, not our lives. We will risk our jobs. Conventional wisdom has it that Republicans will vote to acquit Donald Trump not because he is innocent, but because to vote to convict him will be political suicide. You might lose your job. When the moment comes, and your name is called and you must choose between defending our republic or saving your job, the world will be watching. And History will remember.
“the only thing necessary for the triumph of evil, is for good men to do nothing.” – Edmund Burke
The House prosecutors did a superb job yesterday. Trump’s team failed.
Yet only six Republicans voted to allow the trial to proceed. Their complicity is maddening, but it is also deeply saddening. The Republican party has lost whatever semblance of a soul it might have had prior to Trump. Its soul is now dead – and this trial needs to be the nail that seals the coffin.
If I were giving the summation in the Senate trial:
In 2019, this body had the opportunity to put an end to one of the most corrupt and divisive chapters in American Presidential history and instead, voted to allow it to continue.
And a result of that choice, we find ourselves here today, one month after an attempted Coup that cost the lives of seven Americans and will forever haunt this this nation, this city, and the very room in which we are assembled today.
Donald J. Trump must not be allowed to hold elective office ever again. The Senate will be held accountable if it fails to hold accountable, the person most responsible for the events of January 6, 2021.
We may be forgiven by history for failing to act in 2019, but neither history, nor the America people, will forgive us if we do it twice.
“Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.” There is a Winnie the Pooh meme about this. Piglet: “ If they don’t convict him does that mean he is innocent? Winnie the Pooh “ No piglet, that means they are all guilty. “
I think it's important to remember that impeachment is a political process, not a criminal one. (Hopefully the criminal process will come a little later.) Trump isn't being judged by an impartial jury of his peers who look at all the evidence and hear all the arguments before drawing a conclusion. Impeacment is a political process where all the players make judgements based on their own political calculations and prejudices. There are no rules of evidence or discovery. Each side can present or ignore evidence as they please. There is no judicial precedent bearing on the process except as a political point of debate. In the end, all that is required are votes.
Senate Democrats have all made a rather easy political calculation; convict. Many Senate Republicans have a much more difficult calculation before them, one many will do their best to avoid. Democrats will do well to put those Republican "feet to the fire" and keep them there.
Morning, all!! Morning, Dr. R!! I received an email from "my" Senator, Mark Warner (D-VA) asking, among other things, to rate the importance of the impeachment proceedings going forward. Of course I rated it as "Very Important."
Of note (to me at least) is that each speaker had unfettered access to the floor, even if their remarks were not on point to the question of jurisdiction.
Though I do not remember particular names, it was "entertaining" to hear Congressman Neguse (D-CO) reference who in history had sat in the same chairs that some Senators now occupy.
Lead Manager Raskin (D-MD), in my estimation, was beyond awesome in his presentation.
I found Jamie Raskin's clarity, intensity and depth of feeling absolutely inspiring. I do not believe the remaining 44 Republicans are cowards. They are co-conspirators who will ride this pony as far as it can go. They believe in authoritarianism and they believe they will retain their power.
That works until the dictator, be it Trump or anyone else, finds them disloyal. Have they not been paying attention?
56 to 44 is astounding! I’m honestly speechless on this vote and has me very concerned for the outcome. Now it is called a trial, but the rules are so different from a court trial. Members of Congress who will vote blatantly profess they will vote to acquit before the trial even starts, they do not have to be in attendance or pay attention to what is presented, yet they are still allowed a vote if they show up at the end. They don’t have to base their vote on evidence or lack of evidence presented. Why are their no basic rules for this. This is their job and they are openly thumbing their noses at our Constitution and democracy. They are not serving the people they are only working to keep themselves in power. Why are their no immediate consequences for members of Congress who fail to do their jobs or uphold their sworn oats?
I'll keep this short since the proprietress has laid this out so succinctly.
"The goal behind impeachment....is to guarantee accountability and stop corruption."
So impeachment IS a valid political process, not a politicized process. The major flaw of that process, which the GOP is attempting to exploit, is the vagueness of what constitutes an impeachable act. Please refer back to Richard Zebel's piece in WaPo least week, which points out that Congress did nothing to codify specific actions and penalties for what January 6th really was: Domestic Terrorism.
"The defense lawyers’ problem, of course, is that they are being asked to defend the indefensible. They know it; we know it; Republican senators who have been defended Trump know it."
What Trump did wasn't a one-off loss of control that unfortunately went awry. We've known since before his election that much, or most, of what Trump has done is indefensible. His business practices, his treatment of women, his disdain for blacks, his claims of accomplishments, his lack of empathy, his "business acumen," his propensity for lying. Anyone who hoped he'd "pivot" was whistling past the graveyard. We have no right to be surprised. And those who have rationalized ANY of what he's done are delusional and/or manipulative and/or compromised, but they themselves are indefensible.
"During the video of the insurrection, Trump supporters Senators Marco Rubio (R-FL) and Tom Cotton (R-AR) looked at papers on their desks, Rick Scott (R-FL) looked at papers on his lap, and Rand Paul (R-KY) doodled."
In more coarse vernacular, "Man the f--- up!!!" You've got some serious issues. Rubio, a child of immigrants, overcame Trump's personal insults during the 2016 debates and supported Trump's vile treatment of families just like his. Think he cares about the American dream? Cotton, Ivy educated and combat veteran, advocated using the US military against its own citizens. Think he cares about the law? Rick Scott, another veteran and former governor, ran a company they committed massive Medicare fraud, resulting in 14 felony counts, almost $2B in fines, was fired, and walked away with $300M. Think he cares about his country?
"This big lie...is the rallying cry for a movement to destroy American democracy."
Trump's just had the loudest megaphone when he began complaining about rigged elections in 2016. The GOP isn't a party of "conservatives" who believe in limited government and personal accountability. It has been trying for years to structurally rig the system to ensure they'll maintain power even if they're in the minority. Any time they say they're looking to make America better, they're referring only to monied white Christians who don't give a second thought to denying others the American dream.
"Now, they are arguing that impeachment is a partisan attack on the part of Democrats."
Of course they are. They have no short term memory. They have no sense of irony. They have no fixed moral bearings. They have no problem projecting their own misbehavior onto others. They have no problem changing the rules as they go. And they absolutely no qualms about lying through their teeth. So yeah, sure it's a political act. They're just mad they haven't been able to dig up any real corruption or criminal behavior on the Dems in the last 50 years. Keep dreaming.
https://www.washingtonpost.com/opinions/2021/02/02/domestic-terrorism-federal-crime/
By what I watched today, it beyond my comprehension how the vote wasn’t unanimous. But then I remembered who/what we were dealing with. Thank you Professor for always putting the days events into a concise, readable format...for us non scholars!
... And yet, this time I am not afraid. I can't un-see what I saw, or un-know what I know. The truth is having its day. For me the verdict is clear. There's really not a lot to discuss.
Is it possible to fight the gerrymandering that will continue as red states redraw districts to marginalize people the best they can? This seems disconnected from the topic, but ten more years of Republicans in power because of unfair districting and voter restriction laws will keep the circus going.
Thank you, Heather --a concise and insightful synopsis with value added. I was struck by your saying:
'Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.'
So true. And consider the ramifications if those weak vessels do their pusillanimous computations and vote cult over country:
1. Trump is acquitted and possibly could run again. Maybe foolishly, I'm not so bothered by this. The man is despicable and lazy to boot and will be easier to defeat without the trappings of incumbency.
2. Some more dangerous, smarter, and equally or more charismatic (yes, we have to recognize that, though it's incomprehensible to our community, Trump is adored by a large number of our fellow citizens) president will take a lesson from this trial. A better organized attempt to push the Big Lie and overturn a lost election is within the realm of possibility. Like Jamie Raskin, I too would have thought, of course it's safe, it's the Capitol. His reminder that members of Congress were calling loved ones and removing their Congressional pins is absolutely chilling and needs to be repeated.
3. The worst presidency in our history -- inept, corrupt, malign, regressive, and utterly toxic to what should be American values -- becomes normalized. Our standards and expectations fall to those of a failed third world state.
I'm worried. I'm holding out hope that the House managers will present such a compelling case that public opinion will overwhelmingly swing to conviction and even the most pathetic and right wing members of the party of Q will choose to be absent for the vote. We know they can still count even if they no longer have the vestiges of principle.
So, thanks again Heather. I know whatever happens, I'll have your brilliance to lend context and clarity to the coming days. And thanks, too, for this community of kind and articulate voices for whom you've provided a platform.
Excellent summary as you caught the findings of today’s trial. Our impeachment managers did not disappoint. As Cassidy stated, they were “prepared and organized”. I have to say I was pleasantly surprised to see that a good ole Southern Republican boy from Louisiana sided with the Democrats.
Castor and Schoen were grasping at straws because that’s all they had but boy, they sure did a lousy job! One was a babbling brook while the other came out like an angry defeated cat.
More to be revealed tomorrow. Glad we all have front row seats.
Heather writes: “Trump is not trying to win just this trial: he is trying to win control of the Republican Party and, through it, the country.”
The preceding statement implies that, like the fictional Spectre of James Bond fame, Trump is the mastermind behind a monstrous plot to destroy our democracy and become dictator for life. This begs the question: Is Trump really capable of masterminding anything, let alone a plot on that scale? I don’t think so: he’s not that smart. The story of his life is that he’s never been good at anything but self-promotion on a petty scale. But the plot to destroy our democracy is real, so if Trump is not the mastermind, who is? Lindsey Graham? Mark Meadows? Vladimir Putin? All of the above? A cabal? I welcome your thoughts.
The prosecution is making its case to the American people, who will remember it in 2022 when the ads come out hanging 1/6 around the neck of every Republican running for election/re-election. 75% of the country would be happy to see those people hanged, drawn and quartered for their treason. (an event for which I would be happy to provide the rope, wield the knife and whip the horses)
In 1933, German conservatives thought they could use a minor political figure to bolster their coalition. They humored him and he turned on them, leading to the worst genocide in history. Hitler rose to power through violence and intimidation. In the last free election in Germany, the Nazi Party garnered only 38% of the vote, showing that a minority can gain control through tyranny.
I am not comparing Trump to Hitler. Like you, and many others, I am pointing the finger at who's on trial this week. The GOP and particularly the Republican Senators are the defendants in this proceeding. Those senators who vote to acquit the perpetrator of the most violent attack on American democracy will not be voting on the facts or the merits of the case, those are glaringly convincing. Rather, they will cast their vote out of fear of Donald Trump.
Their lack of courage will embolden future autocrats, who will take a page from both men's playbook to mount their assault. That is why we must hold Donald Trump accountable, to send a message to those future miscreants that violence and intimidation will not be tolerated, and will be dealt with swiftly and harshly. Our future depends on it!