Sunday, February 14, 2021

Power Playing

   So why did Sen. Mitch McConnell vote to acquit Donald Trump if he already knew he was guilty of inciting the insurrection on January 6?
   Answer: To maintain his own grip on power as leader of Republicans in the Senate.
   Seven Republican senators voted guilty, a record for opposition party members in a presidential impeachment trial. But of those seven, four were recently re-elected to six-year terms in the Senate, so their jobs were safe, and three are retiring, so voting no didn't matter.
   The final score was 54 guilty votes, but 67 were needed for a two-thirds majority.

Saturday, February 13, 2021

Not Guilty -- But

   The U.S. Senate failed to reach the two-thirds vote needed to convict Donald Trump for offenses committed while in office, so he was thereby acquitted of the charges against him.
   However, Senate Minority Leader Mitch McConnell strongly criticized the former president for his behavior, and pointed out that Trump still faces potential criminal and civil charges of inciting the assault on the Capitol building January 6 in an effort to stop the electoral vote count that would certify the presidency of his successor Joe Biden.
   McConnell used the rationale that Trump was no longer in office, therefore impeachment was pointless. But he did slam the former president's behavior, in effect encouraging civil and criminal authorities to file charges against him.
   Now that Trump no longer has the support of the political leader of the Republican Party, the likelihood that he will succeed in any future effort to achieve public office is diminished.
   Moreover, if Trump is convicted of criminal charges that he incited the riot, that would severely harm any attempt to be elected to anything. In addition, he still faces various charges that have already been filed against him.
   


Friday, February 12, 2021

Pound the Table

   Lawyers often follow this axiom: When you have facts on your side, argue the facts. When you have the law on your side, argue the law. When you have neither, pound the table.
   The opening remarks of the defense team today in the Senate impeachment trial of Donald Trump amounted to table pounding. The case against the former president offered hours of video and background on just how he provoked his supporters into storming the capitol to prevent counting and certification of the electoral votes that turned him out of office.
   The single charge against him is incitement of insurrection, and House managers spent two days detailing the evidence. Today, the ex-president's lawyers began their defense by pounding the table and alleging that there was no evidence to support the charges.
   Separately, three senators met yesterday with the defense team to discuss the case and decide on defense strategy. Commentators pointed out that the three senators are not only jurors in the case, but also witnesses to the incident that brought on the charges. For them to also participate in the defense is therefore highly questionable.
   However, this is not a legal matter, but political. The worst that can happen in an impeachment case is that the accused is ousted from office and prevented from seeking another. The first part is moot, but if the president is acquitted (for the second time) he will be able to seek the presidency again in four years.
   In addition, any allegations against an official who is ousted through impeachment can still be pursued in the courts. In this case, criminal and civil court actions against the now former president are already under way in state courts, and potentially could be filed in federal courts.

Sunday, January 31, 2021

Defense Lawyers Quit

    All five members of Donald Trump's impeachment defense team have resigned from the case, a bit more than a week before the Senate trial is scheduled to begin.
   One wonders why.
  Here's a possibility: The lawyers wanted to say the impeachment was unconstitutional, because Trump was already out of office, and thus the issue of impeachment was moot. The sole charge was incitement of insurrection, based on his speech to supporters who immediately broke into the Capitol building. However, Trump wanted to focus on the idea that he really did win the election, and therefore the invasion of the Congress by rioters was justified.
   The real reason why the lawyers quit is not known.
   Yet.

Monday, January 11, 2021

Never Again

   Donald Trump is banned from ever again holding any public office in the United States.
   Not because Congress may impeach and convict him, nor because the vice president and the Cabinet may remove him from office, but because the 14th Amendment of the Constitution, approved in 1868, already prohibits it.
   Specifically, the Constitution says, "No person shall ... hold any office, civil or military, under the United States ... or as an officer of the United States (who) shall have engaged in engaged in insurrection ... or given aid or comfort" to those who do.
   There is little doubt that he encouraged the mob gathered for his speech to march to the Capitol to prevent the formal approval of a new president. Nor is there any doubt that he comforted those who did raid a session of Congress for failing to succeed in their insurrection.
   Therefore, whether Trump is removed from his position before his term expires next week, or whether the House of Representatives impeaches him, or whether the Senate convicts him even after his term expires, he will never again be able to hold any government office.
   He has talked of running again for the presidency, but even if he does, he is Constitutionally prohibited from moving back into the White House.

Thursday, January 7, 2021

Song for the Day

On the first day of Congress, the Trumpsters gave to  all:

Trial by combat
Incitement for mayhem
Mob insurrection
Politicians hiding
Stalled in their voting
Military guarding
Rioters invading
Five of them dead
Top aides resigning
Worldwide rejection
Failed re-election
And a president accused of treason

Thursday, December 24, 2020

President Grinch

   The president left town two days before Christmas, leaving behind a veto of military pay hikes as well as a threat to veto a covid relief bill. A result of his action could be a government shutdown within a few days, since the veto was part of a larger bill authorizing funding for the entire government.
   Soon after the Grinch left town, the White House added another 26 names to the president's pardon list, which included several who were convicted of several crimes, including lying to Congress, and other federal offenses.
   The list included two of the president's close associates and a family relative.