In the meantime, he tried to work the courts up to the Supreme Court, where he had successfully installed a sixth “friendly” justice he expected would find in his favor, just as Scalia did in the 2000 election that anointed George W. Bush president. Trump contemplated taking up disgraced Michael Flynn’s plan to use martial law (a tactic he tested in the Portland protests) to run new elections in swing states that would declare him the winner.
And they expect Americans to dismiss his violation of his oath to protect and defend the Constitution – at essence, to accept his loss in the democratic election and oversee a peaceful transition of power – to incite a mob to disrupt the Constitutionally-mandated ceremony of counting the Electoral College votes and officially declare Joe Biden the president of the United States. Instead, he invited, then incited a deadly insurrection – an attempted coup – having the Pentagon stand down as his Proud Boys stood up, invaded the Capitol on his command, attacked Capitol Police, killing one, gravely injuring 140, hunted Vice President Mike Pence they intended to hang for failing to do Trump’s bidding, stole classified information, and hunted and threatened Speaker Nancy Pelosi and other Democrats on their hit list.
According to Trump’s lawyers, all of this is fiction, a hoax, a witchhunt, rather than acts to subvert democracy, the oath of office, and the Constitution.
Unprecedented? Trump is most proud of being unprecedented, a norm-buster. We never had anyone occupy the presidency, who came to the office through criminality. Trump acted more like a mob boss, demanding loyalty of his underlings – starting with FBI Director James Comey – and firing those who dared uphold their oath, like Alex Vindman and any Inspector General who found wrong-doing, who, while attacking the “Deep State” spent his time constructing a deep state that would support his dictatorship.
As for this trial being “unconstitutional because Trump is already out of office,” the House impeached Trump just a week after the deadly insurrection, but Mitch McConnell, holding on to his power as Senate Majority Leader, refused to call back the Senate to receive the Article of Impeachment saying there was plenty of time after the inauguration. What a tactic, if it is allowed to stand.
In the first place, the impeachment came while Trump was President and the Constitution makes it clear the Senate must hold a trial. There are prior precedents, though what Trump has done is unprecedented. What is more, if this becomes precedent, any president could commit heinous acts in the last month of office – sell national secrets, assassinate a rival, write a personal check from the US Treasury – and not be held to account.
Trump’s defenders know it too, but have no actual defense against this or the string of “high crimes” that have defined Trump’s entire occupation and abuse of the Oval Office; they are doing their damnedest to give the Senate Republicans an off-ramp, an excuse not to convict Trump of these heinous high-crimes against the nation.
Political theater? Tell that to the widow of Capitol Police Officer Brian Sicknick, the two officers who subsequently committed suicide, the officer who will lose his eye and 139 others gravely injured. Tell that to the traumatized Congressmembers who were hunted and had to hide from the marauders who already proved they would beat someone to death. Is intimidation of lawmakers the new “Rule of Law.”
The second absurd claim is that Trump’s incitement of the protesters at the rally at the Ellipse was “free speech.” But free speech is not unlimited – does not cover fraud, slander and certainly not incitement of violence. Trump violated his oath of office in egging on his rabid followers to disrupt Congress fulfilling its Constitutionally-mandated duty, for the purpose of somehow keeping himself in office.
Free speech? Incitement is not protected speech, but the President must be held to a higher standard of faithfulness to the awesome power of his office. What is more, this was a long-term disinformation campaign designed for his own benefit. That’s what this second impeachment is about: to reaffirm the obligations of holding this sacred office.
But it also is about declaring Trump unfit and banning him from ever holding federal office again.
It isn’t enough that Trump is being impeached for inciting an insurrection and attempting to overturn the election, he should be prosecuted for his actions and policies which amounted to negligent homicide (just like former Michigan Governor Snyder is being prosecuted for Flint’s poisoned water supply), contributing to the death of over 400,000 Americans to COVID-19, because acknowledging the pandemic would damage his political fortunes, and what’s more, was hurting Democrats way more than Republicans. He would be prosecuted for crimes against humanity for his family separation policy. He would be prosecuted for extortion, bribery, and shaping domestic and foreign policy for his personal enrichment.
And no doubt, his defense will be that he was president at the time.
