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 Todd Lassa

Once the votes were counted Saturday afternoon and Donald Trump was acquitted in his second Senate impeachment trial, both sides declared a victory. Because 10 Republicans joined 48 Democrats and the two independents who caucus with the latter party, lead House impeachment manager, Rep. Jamie Raskin, D-MD, could lay claim to the “most bipartisan” trial vote ever (click on Forum to read Stephen Macaulay’s commentary on the impeachment trial, “The Long Con”). 

Senate Minority Leader Mitch McConnell, R-KY, had it both ways, too, having been among the 43 Republicans in the minority who nonetheless snagged an acquittal because the 57-43 vote was 10 “guilties” short of the two-thirds needed to convict. 

“They did this because they followed the wrong words of the most powerful man on earth,” McConnell said on the Senate floor after the vote, in what pundits were describing as the most critical excoriation of Trump made by either side. “There is no question, none, that President Trump is practically and morally responsible for provoking the events of the day.”

McConnell, who when he still was Senate majority leader before President Biden’s inauguration, told his caucus they could vote their conscious in the impeachment trial, said he voted “not guilty” Saturday because the trial of a president after leaving office is unconstitutional. Last Tuesday, the Senate voted 56-44 that trying an ex-president is indeed constitutional, in a decision that required only a majority decision. A major point in the House impeachment managers’ argument was that if an ex-president could not be tried thusly, it would risk the nation with a “January surprise,” with carte-blanche to commit high crimes and misdemeanors as a lame-duck. 

But McConnell forced delaying the trial until after the inauguration, House Speaker Nancy Pelosi, D-CA, said Saturday afternoon. The House voted for impeachment on January 15, while Trump was still in office.

Prior to the final Senate vote, Raskin moved to call a witness to give a video deposition in the case. Trump attorney Michael van der Veen objected, and Sen. Lindsay Graham, R-SC, threatened to call many witnesses for the defense, including House Speaker Pelosi, and draw out the trial to disrupt Biden’s agenda for weeks or even months to come.

In the end, the two sides agreed that the statement of Raskin’s intended witness, Rep. Jaime Herrera Beutler, R-WA, would be admitted as evidence and that defense would stipulate to its veracity. 

Herrera Beutler’s statement is that House Minority Leader Kevin McCarthy, R-CA, had called Trump during the siege urging him to call off the violent protesters. Trump had replied that the violent protesters were Antifa and Black Lives Matter, not pro-MAGA. 

“Well, Kevin, I guess these people are more upset about the election than you are,” Trump replied, according to Herrera Beutler. CNN reported her description of the call Friday night, but according to various news reports, Herrera Beutler told about overhearing the conversation to a local Washington state newspaper and to constituents. 

In his closing arguments, van der Veen said the defense was not admitting to the statement’s truthfulness, though the House impeachment managers apparently were satisfied with the outcome.

The trial itself came down to House impeachment managers building a case that then-President Trump called for his supporters to rally on the Capitol January 6 to “Stop the Steal” of his November 3 “landslide victory,” a.k.a., “the Big Lie,” and did nothing to prevent members of Congress and vice president Mike Pence, from the danger of the mob. Trump’s defense attorneys argued that the impeachment was a continuation of Democratic and mainstream Republican “hatred” since before he took office January 20, 2017, and that the trial was unconstitutional.

But the nine House impeachment managers appear satisfied that the trial and its bipartisan verdict achieved their goal overall and are looking forward to investigations in New York for Trump’s business practices, and especially in Fulton County, Georgia, for his phone call with secretary of state Ben Raffensperger. In the meantime, however, Trump continues to maintain control of the GOP, especially on state and local levels. Rep. Herrera Beutler, for example, faces potential censure from Washington state’s GOP and a Trump PAC-funded primary challenger next year for her statement in the impeachment trial.


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