By David Amaya

What followed after former President Donald Trump’s instruction to Proud Boys, a far-right group that endorses violence, to “stand back and standby,” telling his loyalists that the only way he’ll lose the 2020 election is if it is stolen from him, and finally, to “fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore” before sending his rally off to the Capitol was his second impeachment. This impeachment would not be like any other in our history – the Representatives and Senators are not only the jurors and judges of the trial but also witnesses. In a careful balancing act between justice and incumbency, the Senate vote leaned towards incumbency. 

The argument made by Donald Trump’s defense attorneys and most of his Republican backers that a former president can’t be subjugated to an impeachment trial is devoid of merit. It was Senate Majority Leader Mitch McConnell, R-KY, (who has since been demoted to Senate minority leader) who postponed the trial for a date after Trump’s departure from presidency. McConnell’s decision was a hollow strategy that acted as a loophole to our hallow system of checks and balances.

Other than the purported defense that a former president shouldn’t be tried by the Senate, there is no other redeemable quality to the defense made for Mr. Trump. He was indeed guilty both “practically” and “morally” for the invasion of the Capitol, McConnell said after the vote to acquit, but Trump was freed from culpability because he is no longer in office.

In a move similar to McConnell’s expedient “the-end-justifies-the-means” strategy, House Republican Leader Kevin McCarthy bit his tongue about the pugnacious president and expressed support for the man who is “committed to helping elect Republicans in the House and Senate in 2022. For the sake of our country, the radical Democrat agenda must be stopped.” Both Republican leaders are gambling away their integrity for a chance at their party’s re-election and a fundraising cashflow crowdsourced by the man who refused to commit to a peaceful transfer of power. 

Although the House impeachment managers were successful in illustrating the cold hard facts of Trump’s insurrectionist intention, they were unified with the Republicans in one way – they both perpetuated Trump’s everlasting war on what truth is and what facts are. Both sides succeeded in expressing how precarious our fragile republic is at the moment. Trump successfully persuaded legislators on both sides of the aisle to deny and strip the ideological opposition of their humanity, their entitlement to truth, and how to put party over country–the antithesis of the very premise that founded our country. 

Lead impeachment manager, Rep. Jamie Raskin, D-MD, prided himself in being part of the most bipartisan impeachment trial yet, but history may beg to differ. In 1974, President Richard Nixon was days away from being impeached before he resigned from the presidency for his crimes against the Democratic National Committee. Nixon’s Republican loyalists on Capitol Hill assured him he would not pass the impeachment vote–his party rejected him, so Nixon exiled himself voluntarily. Fast-forward to 2021 and the Republican party now defends a twice-impeached president who challenges the validity of our democracy’s electoral system; and for what, but to preserve and reinforce the Republican party’s incumbency.

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•Click on Forum to read Pundit-at-Large Stephen Macaulay’s take on Trump’s impeachment trial.
•Address comments to editors@thehustings.news

By Stephen Macaulay

The hand-wringing has been going on since, oh, about January 7, after Congressional Republicans, by and large, started thinking about their personal paychecks, which could be, they fear, taken away by Trump’s base. And so we begin to see the mewing about how the Trial of Donald Trump, the Sequel, will do nothing but tear the fabric of society still further.

Speaking of fabrics: that brings to mind the American flag. You know, that symbol of this country that was used by one of the insurrectionists at the Capitol on January 6 to beat a prone police officer.

MAGA, huh?

This country is predicated on principles. There is codification in the Constitution.

To paraphrase John Adams, this is a country of laws, not men.

And to quote someone who is probably more well recognized, “Don’t do the crime if you can’t do the time.”

Did the man who said, on more than one occasion, “"I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn't lose any voters, okay? It's, like, incredible," ever believe that he wasn’t above the law?

But he isn’t.

Like all presidents Trump swore to “preserve, protect, and defend the Constitution of the United States.” 

Article II, Section One, of the Constitution is about the Executive Branch. In it, it states, “The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

That day was January 6. The Congress was doing its Constitutional duty. 

And Trump, who had been claiming for months — even before the election was held —that it would be fraudulent, claims with not a scintilla of proof before or after, wasn’t having any of it.

Article II, Section One, also states, “The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed.”

So let’s see: Biden had the greatest number of popular votes. Biden had the greatest number of electoral votes.

Constitutionally he won the election.

So to go against that, didn’t Trump not “preserve, protect, and defend the Constitution”?

(Let’s not enter into some hypothetical where an election could be rigged and the wrong person wrongfully elected. Again, we are a country of laws, and so were there to be evidence that that happened, then it would be addressed. Rudy Giuliani waving his arms is not proof of anything.)

According to the Fourteenth Amendment, Section 3, “No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” (Emphasis added)

Clearly there was an “insurrection or rebellion” against the Constitution of the United States on January 6, given that the elected representatives were in the Capitol performing their Constitutional duties.

Trump, having whipped up the crowd on January 6, told the assembled that “After this, we’re going to walk down and I’ll be there with you.” That is walk down to the Capitol. He, of course, lied.

So they walked down. They broke into the Capitol. Some claimed that they were going to hang the Vice President of the United States.

And Trump said in a tweet (before his ability to tweet was rescinded due to his vague association with what most of us know as “truth”) to the throngs who were doing things like urinating and rubbing feces on the walls of the Capitol, “We love you, you’re very special.”

Sounds like “aid or comfort” to me.

Let’s not count the number of Republican senators who may vote to convict Trump.

Let’s count the number of elected officials who believe in the rule of law and who will uphold the Constitution of the United States.

If they give this a pass because they think it will cause more division, then isn’t that just giving in to the people who have broken the law?

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Click on News & Notes for details of the impeachment article against former President Trump.

By Andrew Boyd

Efforts at predicting the future, particular in things as non-mechanistic as politics, is a fool’s errand, but here we go!

First, we must ask ourselves what is Trumpism?  Your guess is probably as good as mine.  Well, no, I necessarily believe my guess is better, and my guess is that Trump gives voice to a deeply seated distrust of our political institutions on the part of something approaching half or more of the voting public, and the belief of same that the whole game, top to bottom, is rigged.

These same people witnessed the hollowing out of our manufacturing economy in service to free and fair trade that was neither.  They watched as same elites, under the pretext of environmental conservation, sought to enable both the destruction and transfer of wealth on a global scale.  Same game, different rationale.  And most critically, they saw in their own party leaders a cowardice and cynicism that left them feeling altogether betrayed. 

Onto that fertile ground stepped an extraordinarily charismatic man. I won’t pretend to know his motives. Such things are very hard to discern.  Given Trump’s history, one might be forgiven for thinking he is, first and foremost, an opportunist and a narcissist in the same league with most of the men who’ve held our nation’s highest office.  Politics on a national scale is the domain of such people, which is among the main reasons I appreciate the checks on power provided by our constitutional system.

The momentum of Trumpism is Trump himself, and I suspect he will find ways to take the movement with him, and the harder the left pushes back by censorship or other bullish, un-American means, the stronger he will become, like Obi Wan Kenobi. That is not a comparison of character, but of the dynamics of ideological movements, and it carries a warning to those who would seek to make Trump a martyr for the cause.  Bad move.  Really, really bad move. 

I despise the cult of personality that surrounds Trump, as I do all charismatic movements, theological, political or social.  Bad things grow in that ground, such as all reasonable people witnessed with horror in the halls of the Capitol last week.  

I hope, naively, that whomever next reaches for the brass ring is more principled in character and measured in tone, for all our sakes. But the gravitational pull of Trump is not soon to be diminished, I’m afraid, and I don’t see anyone on the national political stage today with the power to achieve escape velocity.

For now, the movement, if not the party, is the fiefdom of Donald. God help us all. 

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Please email comments to editors@thehustings.news

By Bryan Williams

Since the release of the smart phone upon the world in the latter half of the first decade of the 21st Century, our collective societal will to have patience has been nearly eliminated. These Internet connected devices have allowed for instantaneous communication, instantaneous transfer of money across the world, and food delivered to our door within an hour. Our political and governmental machinations have not caught up. They are still painstakingly slow. That it takes two and half months between a presidential election and the inauguration of the next president is enough to make us tear our hair out (and have enough time to order a wig on Amazon to be delivered within two days).

Let me be clear: Any admiration I had for President Trump is now gone. He must go. But how? It is agonizing to think he has (as of my writing this) 291 hours left in his presidency before Joe Biden is sworn in. How do we wait that long?

Many have said Vice President Pence and the Cabinet should invoke the 25th Amendment. Cabinet secretaries are dropping like flies with resignations over Wednesday's chaos, so soon there may not even be enough of a Cabinet left to invoke the 25th. But even if there were, in my opinion, this would be the wrong course of action. The 25th Amendment is to be used when the president is physically or mentally incapacitated. Working in the mental health field as I do, I can tell you it would be a stretch to declare Trump mentally incapacitated. Trump is mentally capable of doing many things. He is of sound mind. The problem is, he just won't do what is right. We should not degrade the 25th Amendment even though it would be tempting to do so, and I believe, could be up to legal challenge in this case.

How about impeachment by Congress? This is most attractive and should be undertaken even if there is not enough time considering how slow this process is. At the very least Congress should censure Trump.

What should happen is for Trump to resign and let Pence be our President for the balance of the remaining 291 hours. But we all know he won't. Trump is going to ride this horse until its time is up on January 20th at 11:59AM EST.

So the rest of us here in America have to be adults and have a little patience - 291 hours isn't so bad, is it?

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By Michelle Naranjo

Even as ballots were being counted in the first frenzied moments after polls closed for the Georgia senatorial run-offs, West Virginia Democratic Senator Joe Manchin was brought up as a potential obstacle to a new Democratic Senate majority.

Victory in Georgia for Reverend Raphael Warnock and Jon Ossoff was never a sure bet. Results for Warnock came in so fast, it was almost disconcerting to learn of his victory so quickly since we have had such a drawn-out presidential election. Violent supporters of President Trump overshadowed the mid-afternoon moment of triumph for Ossoff.

But they both won. 

It has been two months since the repeatedly contested presidential election. As the final ballots in Georgia are still being counted, the U.S. Senate and Congress were to debate electoral college certification. Protestors stormed the steps of the Capitol; many have forced entry. 

What is clear today is that Manchin is hardly the stumbling block our Republic has before it. 

Senator Joe Manchin may be from a deeply red state and has a voting record that tips towards being a Trump supporter, but just barely.

He is a labor supporter, gaining the support of unions and those who support workers’ rights. 

The actual foes are the arrogant members of both the House and Senate who demanded that the presidential election be questioned, elected officials who allowed and encouraged conspiracy theories and voter suppression. These are the same people who allowed Brian Kemp to cheat in the Georgia gubernatorial election two years ago.

After this fateful series of elections, failed court cases, seditious behavior from seated supporters of Trump in the House and Senate, the impressive diversity of Democratic representatives is the path forward. 

Manchin won’t work against fellow Democrats if he gets some of what he wants. That can only be beneficial to his colleagues, who also want to raise worker’s rights. He may be a conservative Democrat, but he has also managed to hold on to his seat in West Virginia: quite the feat. What Warnock and Ossoff bring to the table is not a threat to him and might even enable him to accomplish more. 

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