Schumer, Pelosi grapple with uncertainty and ongoing threats in proceeding to Trump’s Senate trial

The timing of the second impeachment trial of Donald Trump in the Senate remains uncertain as the week closes out. House Speaker Nancy Pelosi was asked in her Friday press conference about when the impeachment article charging Trump with "incitement of insurrection," which was passed in the House on Wednesday, will go to the Senate. She didn't answer.

"Right now, our managers are solemnly and prayerfully preparing for the trial which they will take to the Senate," Pelosi said. "At the same time, we are in transition. With the COVID relief package President-elect Biden announced last night, he is delivering on what he said when he was elected, 'help is on the way.'" What that likely means is soon-to-be Majority Leader Chuck Schumer is still working out how it will proceed in consultation with the transition team for President-elect Joe Biden. Outgoing Majority Leader Mitch McConnell refused this week to work with Schumer to speed up the process and reconvene the Senate ahead of Tuesday's scheduled official session. Everything about this process from this point is novel for the Senate.

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There's the high level of physical danger surrounding the whole of the Capitol complex after the attack and for Biden's inauguration. There're the two Democratic senators from Georgia, Jon Ossoff and Raphael Warnock, whose election still hasn't been certified; the deadline for that is Jan. 22, though it could happen on Jan. 19, the same day the Senate comes back. This process in these circumstances is entirely new: "Everything we are talking about is being invented out of whole cloth," Democratic Sen. Chris Murphy told The New York Times. "We have never tried a president after they left office. We've never had an insurrection against the Capitol. We've never held a trial while we are confirming a cabinet. All of this is first impression."

But Democrats remain committed to figuring it out. "I can see no reason we cannot find a way with our archaic rules," said Sen. Amy Klobuchar. Working that out, at this moment, seems to look like splitting the Senate sessions, the Times reports. Schumer and McConnell met Thursday, with a "goal … to divide the Senate’s days so the chamber could work on confirming members of Mr. Biden’s cabinet and considering his stimulus package in the morning and then take up the impeachment trial in the afternoon." Until that is nailed down, it's not clear that Pelosi would initiate the process by formally sending the article over to the Senate.

The outcome there is also unclear, and again it depends a lot on McConnell. He's reportedly told associates that he's sick of Trump, supports the impeachment, wants him expunged from the Republican Party, and sees his impeachment as a way to do that. But that's hearsay right now; McConnell hasn't made those statements public. Maybe he's waiting to see if Trump does anything else between now and Wednesday, his last day in Washington. Maybe he's genuinely undecided. But if McConnell votes for conviction, there will very likely be 16 other Republicans joining him.

As of now, Alaska Republican Sen. Lisa Murkowski is the closest to declaring her intent. On Thursday, she said that Trump's words on Jan. 6 "incited violence," which "briefly interfered with the government's ability to ensure a peaceful transfer of power." She continued: "Such unlawful actions cannot go without consequence and the House has responded swiftly, and I believe, appropriately, with impeachment." Others who have suggested they would vote to convince include Sens. Richard Shelby of Alabama, Dan Sullivan of Alaska, Pat Toomey of Pennsylvania, Ben Sasse of Nebraska, and Mitt Romney of Utah. If you had that many, surely Maine's Susan Collins would jump on, unless she's too bitter that Democrats had the effrontery to mount a challenge to her reelection. Again, whether enough decide that Trump has to be cut out of the body politic like a cancer depends much on McConnell.

All those Republicans need to heed Michigan Rep. Peter Meijer, one of the 10 House Republicans to vote to impeach, even at potential physical harm to himself and his family. "I have colleagues who are now traveling with armed escorts, out of the fear for their safety. Many of us are altering our routines, working to get body armor, which is a reimbursable purchase that we can make. … It's sad that we have to get to that point," he said. "But, you know, our expectation is that someone may try to kill us."

However, "I think you have to set that aside," he said. "I don't believe in giving an assassin's veto, an insurrectionist's veto, a heckler's veto. If we let that guide decisions, then you're cowering to the mob. I mean, that's the definition of terrorism—is trying to achieve a political end using violence." How many senators will have that courage?

McConnell tries to shut down momentum on impeachment, leaves time for more discovery of Trump crimes

Two-time popular vote loser Donald Trump has also now achieved the distinction of being the only two-time impeached occupant of the Oval Office, earning half of the four presidential impeachments in U.S. history. He's unlikely to make history by being the only one to be removed from office by Senate conviction, however. That's unless he does something extreme in the next six days, which he is more than capable of, but might be a stretch—even for him

That's in large part because current Senate Majority Leader Mitch McConnell has refused soon-to-be Majority Leader Sen. Chuck Schumer’s request to expedite the hearing. The two could have agreed to use emergency authority to bring the Senate back as soon as Thursday or Friday to start hearings and potentially have it done before Inauguration Day next Wednesday. But that would have required McConnell giving a damn about the republic. Instead, he said Wednesday that the trial will begin at the Senate's "first regular meeting following receipt of the article from the House." The first regular meeting of the Senate is Jan. 19. House Speaker Nancy Pelosi has not said yet when she'll send the charge to the Senate.

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The problem is, of course, acting upon and prioritizing President-elect Joe Biden's 100-day agenda, which includes some pretty essential stuff. Biden has suggested that the Senate bifurcate its time, divided between confirming his Cabinet members and working on COVID-19 relief on the one hand, and impeachment on the other. Presumably, Pelosi, Schumer, and Biden are discussing this now, trying to determine the best course of action, now that McConnell has screwed them all by refusing to take responsibility for Trump. As usual.

Conviction will require two-thirds of the Senate, meaning 17 Republicans will have to join with Democrats to convict. The problem McConnell and those Republicans face is that every day that passes reveals more horrific details of the Jan. 6 Capitol insurrection, and more implications that there was a level of Republican institutional support for it, from members of Congress who might have been complicit to the Republican Attorneys General Association. There's a whole lot of smoke right now obscuring just how deep the plotting for the insurrection went, and when it's cleared it could be exceedingly bad news for Republicans. That's where the delay—allowing for a lot more discovery—could help seal Trump's fate with Republicans.

McConnell is making a bet, apparently, that it won't work that way, that the delay will distract the nation from the horror that has been replayed over and over again of their house, the Capitol, being besieged and vandalized by a mob screaming for blood. The good news is that Republicans' initial efforts of pretending at "unity" didn't win over a single Democrat, and in fact 10 Republicans voted to impeach. Biden is not saying anything about "looking forward, not back" and is not trying to sweep any of this under the rug of history. Corporate America is further distancing itself from Republicans by the minute. This is not going to go away with Trump—and the Republican Party can't afford for it to. The reckoning will come, and Republicans are going to again feel the pressure of choosing to stand with Trump or with the country.

Pelosi signs Trump articles of impeachment ‘sadly, with heart broken’

Following the House's 232-197 vote to impeach Donald Trump (again), this time for inciting an insurrection, House Speaker Nancy Pelosi spoke at the engrossment ceremony during which the articles were signed. Trump has now officially made history as the most impeached president and for having gained the most votes for impeachment from members of his own party. Congratulations, Donald. You’re singular.

“Today, in a bipartisan way, the House demonstrated that no one is above the law, not even the President of the United State,” Pelosi said. ”Donald Trump is a clear and present danger to our country,” Pelosi said, adding she was signing the resolution “sadly, with heart broken.”

Senate Majority Leader (for the next week or so) Mitch McConnell declined to agree to bring the Senate back early to begin Trump's trial. “Even if the Senate process were to begin this week and move promptly, no final verdict would be reached until after President Trump had left office,“ he said. “This is not a decision I am making; it is a fact.“ It is absolutely a decision he is making. It is within his power, along with incoming Majority Leader Chuck Schumer, to do so. Schumer pointed that out in his statement. “A Senate trial can begin immediately, with agreement from the current Senate Majority Leader to reconvene the Senate for an emergency session, or it will begin after January 19th," Schumer said. "But make no mistake, there will be an impeachment trial in the United States Senate; there will be a vote on convicting the president for high crimes and misdemeanors; and if the president is convicted, there will be a vote on barring him from running again."

"The president of the United States incited a violent mob against the duly elected government of the United States in a vicious, depraved and desperate attempt to remain in power," Schumer continued. "For the sake of our democracy, it cannot and must not be tolerated, excused, or go unpunished."

Schumer to FBI: Put Capitol rioters on the no-fly list and prosecute them

Senate Minority Leader Chuck Schumer—soon to be the Senate majority leader—is calling for the domestic terrorists who attacked the Capitol to be added to the no-fly list. Schumer urged that move in a letter to FBI Director Christopher Wray, additionally calling for the insurrectionists to be prosecuted to the full extent of the law.

Videos of rioters learning they couldn't fly home have become popular online content after American Airlines banned some and others were blocked or removed by the Transportation Security Administration (TSA) and the Federal Bureau of Investigation (FBI). 

As tempting as it is to think about these violent terrorists being banned from air travel, and as much as they should absolutely face consequences for their actions, there are serious problems with the no-fly list, as the ACLU has highlighted repeatedly over the years. For instance, “innocent, law-abiding Americans have found themselves subject to relentless hassles, interrogation and searches every time they try to travel by air.  They may share similar names with those who have been placed on suspect lists, or be the victims of random error, malicious discrimination, or mysterious bureaucratic quirks.” You don’t have to have any sympathy for these specific asshats to see the problems with such a system.

At the same time, flight attendants and other workers who have to deal with air travelers shouldn’t have to face the kind of abuse that Trumpists frequently deal out. “Acts against our democracy, our government and the freedom we claim as Americans must disqualify these individuals from the freedom of flight,” Sara Nelson, president of the Association of Flight Attendants-CWA (AFA) said in a statement following the attack on the Capitol.

Then again, if the people who stormed the Capitol were in prison, they couldn’t fly anyway.

House convenes to begin process of impeaching Trump for the second time

The House of Representatives will vote Tuesday evening to tell Vice President Pence to "convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President." Knowing that Pence will not do so, they will vote on Wednesday at 9 AM ET to charge Trump with "inciting violence against the government of the United States" and will impeach him.

They could be joined by some Republicans. Republican leadership is not whipping votes against it. Members will be advised to "vote their conscience." Which is a strange thing to assume 139 of them who voted to throw out the results of a free and fair election, including leaders Kevin McCarthy and Steve Scalise, even have. There will be a single impeachment article for "incitement of insurrection."

"In all this, President Trump gravely endangered the security of the United States and its institutions of Government," the resolution says. "He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States." Trump, as always, remains belligerent and defiant and again threatened his opponents with further violence. "For Nancy Pelosi and Chuck Schumer to continue on this path, I think it's causing tremendous danger to our county and it's causing tremendous anger. I want no violence," he told reporters Tuesday.  

That of course will not stop the process. But what happens on the Senate side remains uncertain because it's absolutely unprecedented. Incoming Senate Majority Leader Chuck Schumer, importantly, has advised Democratic senators that impeachment hearings are going to happen and to not even discuss censure as a possible alternative. They are exploring ways of moving forward. One includes an obscure emergency authority that would allow him and current Majority Leader Mitch McConnell to end the recess, which is now set to end on January 19, and reconvene immediately after the House transmits the articles of impeachment. That requires McConnell's cooperation and thus far no one in his office is answering calls from reporters, so no one knows whether this is really an option.

Another option Democrats are exploring is moving forward on parallel tracks, by referring the impeachment to the Senate Judiciary Committee for hearings and bypassing the floor for long enough to get critical nominations through. Another option is appointing a commission to investigate and produce a report the full Senate would then act on. Another possibility Biden has raised, that is potentially possible, according to experts the Washington Post's Greg Sargent talked to is "[a] half-day on dealing with impeachment, and [a] half-day getting my people nominated and confirmed," in Biden's words.

Scholar Norman Ornstein told Sargent that the the Constitution allows the Senate to set its own rules and procedures on impeachment, "So in theory it is possible to move forward with other actions even as they’re doing a trial." Adam Jentelson, a former senior adviser to Harry Reid and all around Senate procedural wonk, agrees. "The Senate can conduct this trial however it wants, so the bifurcation path is entirely doable,. […] Procedurally, it's basically a matter of conducting a two-track approach." It could, however, require unanimous consent giving the insurrectionists in the Senate a chance to make mischief.

Trump won't leave voluntarily. Pence won't force the issue. McConnell "ignored Trump's calls before Wednesday’s siege and now has no plans to call him back, according to one official," so he too is refusing to fulfill his oath and obligation to protect the country. The next week is going to be as fraught as the last, because the entire Republican Party sold its soul to Donald Trump five years ago, and sold out the country in the process.

House has the votes to impeach Trump—again

The House of Representatives is moving toward the second impeachment of Donald Trump and consensus has emerged among leadership that they need to do it fast. They now have the 218 votes needed to get it done, though the week's proceedings could be complicated by the COVID-19 infections that resulting from the Jan. 6 attack, when many Republicans refused to wear masks to protect the colleagues they were sheltering with. If anything slows this effort down at this point, it will be the pandemic.

On Monday, leaders got the ball rolling when Majority Leader Steny Hoyer attempted to get unanimous consent for the House to pass a resolution demanding Vice President Mike Pence invoke the 25th Amendment to strip power from Trump. A West Virginia Republican objected, though it's worth noting he did so based on process rather than substantive grounds. There might be a dawning realization among at least some of them that they can't publicly defend what happened. At this point, the plan is for them to formally introduce and pass that same resolution Tuesday, giving Pence 24 hours to respond before moving to an impeachment vote Wednesday. But there might be momentum to move that timeline up.

Rep. David Cicilline, a Rhode Island Democrat who has taken the lead in getting signatures on the impeachment resolution, told The Washington Post's Greg Sargent, "The whole reason for moving forward is the fact that every single minute this person stays in the White House presents a clear and present danger to our democracy. […] Most House Democrats believe he should be removed as quickly as possible." He argued against Rep. James Clyburn's suggestion that the House wait until President-elect Joe Biden's first 100 days are done before sending the resolution over to the Senate.

"This is an attack unlike we’ve ever seen on the very foundations of our democracy," Cicilline told Sargent. "The American people saw this playing out in real time, and the visuals were so powerful that I think there's growing pressure on the Republicans to do something." He's backed by Majority Leader Steny Hoyer and by Rep. Adam Schiff, who told CBS News, "If we impeach him this week […] it should immediately be transmitted to the Senate and we should try the case as soon as possible. […] Mitch McConnell has demonstrated when it comes to jamming Supreme Court justices through the Congress, he can move with great alacrity when he wants to."

That's arguing that there's a possibility of pressuring Senate Majority Leader McConnell, which is not impossible but unlikely. The only public comment McConnell has given following Wednesday's attack on the Capitol—on his own institution—and Trump's incitement of insurrection is a memo sent Friday to Senate Republicans saying the earliest the Senate could act is Jan. 19, one day before the inauguration. That's not actually true, as Schiff says. If McConnell wanted to bring the Senate back, he could.

With the FBI warning of further domestic terrorism and violence over the next week and during planned Jan. 17 rallies in D.C. and state capitals, there might be an awakening among Senate Republicans that they've got to do something. It's not a safe bet, but three Senate Republicans—Pat Toomey, Lisa Murkowski, and Ben Sasse—have said Trump has to go. Toomey and Sasse say they would consider articles of impeachment, but they're not sure there's enough time, and Murkowski wants him to resign.

There's another call Monday among House Democrats that could speed up Pelosi's timeline. The momentum to act grows by the minute, at least among House members.

Monday, Jan 11, 2021 · 7:35:03 PM +00:00 · Joan McCarter

It’s official. The 25th Amendment vote will be Tuesday, impeachment Wednesday. 

House starts the impeachment ball rolling Monday, with vote expected by Wednesday

House Speaker Nancy Pelosi laid out the week's efforts to dislodge Donald Trump from the Oval Office in a Sunday letter. The House will be in a pro forma session Monday, during which Majority Leader Steny Hoyer will introduce a resolution directing Vice President Mike Pence to "convene and mobilize the Cabinet to activate the 25th Amendment to declare the President incapable of executing the duties of his office." Since Pence hasn't even bothered to return her phone call from Thursday, they do this with no expectation that he will act.

They are also doing it with the expectation that a Republican will reject Hoyer's request for unanimous consent to bring up the resolution. The plan as of now is for the resolution to be brought to the floor Tuesday for a vote, giving Pence 24 hours for a response. Which they won't get but which would trigger the impeachment vote. "In protecting our Constitution and our Democracy, we will act with urgency, because this President represents an imminent threat to both," Pelosi wrote. "As the days go by, the horror of the ongoing assault on our democracy perpetrated by this President is intensified and so is the immediate need for action," she continued.

The impeachment vote is expected by Wednesday, and as of Sunday night there were 210 Democrats, out of 222 in the caucus, who signed on to one of the impeachment resolutions. The impeachment resolution asserts that Trump would "remain a threat to national security, democracy, and the Constitution" if he is not removed. It will charge him with inciting an insurrection. "In all this, President Trump gravely endangered the security of the United States and its institutions of Government," the resolution says. "He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States."

House members have been instructed to return to D.C. by Tuesday, and leaders are working with the Federal Air Marshal Service and Capitol police on a plan to keep members safe as they return to D.C. and move back into the Capitol and their offices after Wednesday's attack.

In her letter, Pelosi also announced a Caucus call for Monday, during which she expects to discuss "the 25th Amendment, 14th Amendment Section 3 and impeachment." It's that middle bit—the 14th Amendment Section 3—that is significant:

"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."

That's how the Congress expels insurrectionists, which is now the majority of House Republicans and eight Senate Republicans who voted to overturn election results even after Trump' mob invaded and vandalized the People's House, intent on hunting down and assassinating congressional leadership. Freshman Democratic Rep. Cori Bush will introduce a resolution to expel those members Monday.

The first order, however is getting rid of Trump, Rep. Jim Clyburn said on Fox News Sunday. "If we are the people's house, let's do the people's work and let's vote to impeach this president. … The Senate will decide later what to do with that—an impeachment." What happens after that vote isn't entirely clear. Clyburn argued on CNN, also on Sunday, that the Senate should wait until after President-elect Joe Biden's inauguration. "Let's give President-elect Biden the 100 days he needs to get his agenda off and running," he said.

Senate Majority Leader (for the next 10 days or so) Mitch McConnell hasn't spoken about plans, but his former chief of staff Josh Holmes, who also runs his PACs, tweeted Sunday "The more time, images, and stories removed from Wednesday the worse it gets. If you're not in a white hot rage over what happened by now you're not paying attention." Whether or not that translates into McConnell acting, who knows.

The third branch of government, the courts, have also weighed in—or more aptly declined to do so. The U.S. Supreme Court on Monday denied a motion from Trump to fast-track consideration of the multiple lawsuits he has seeking to overturn the election. The court is not going to hear his cases before the inauguration, if ever, making this the 63rd time Trump has lost in court.

Harrowing attack steels Democrats ahead of uniquely consequential era of U.S. governance

If anyone ever doubted that American democracy was at least temporarily saved by voters defeating Donald Trump at the ballot box, they can lay that lingering doubt to rest. 

Just as people on the left have been warning for more than four years, Trump provided incontrovertible proof this week that he is an unmoored menace to society, an existential threat to the country, and a danger to the entire globe.

In fact, when House Speaker Nancy Pelosi released a letter Friday morning reassuring her Democratic colleagues that she had spoken with military leadership about safeguarding the country's nuclear stockpile from Trump, it was likely as much about reassuring the world that someone reasonable was in charge as it was about comforting the American people.  

“This morning, I spoke to the Chairman of the Joint Chiefs of Staff Mark Milley to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike,” Pelosi relayed. "The situation of this unhinged president could not be more dangerous, and we must do everything that we can to protect the American people from his unbalanced assault on our country and our democracy."

Jan. 6, 2021 will live in infamy—as will the four years in which Republican lawmakers coddled a would-be dictator who grew so confident in his iron grip on power that he ultimately declared war on the very government under his command. The absolutely harrowing episode has so far resulted in five deaths, including one Capitol Police officer who died of injuries he sustained during the violent insurrection incited by Trump and his henchmen. But it could have been far far worse. The military gear donned by the terrorists, the zip ties or "flex cuffs" some carried, and the gallows the mob erected outside the Capitol left no doubt they were there for blood. Nearly the entire line of succession was in the buildings they stormed—Vice President Mike Pence, House Speaker Nancy Pelosi, and Senate President Pro Tempore Chuck Grassley, all of whom were whisked away to a secure location.

But as Rep. Sean Maloney of New York later explained on MSNBC, the rioters were one door away from capturing any number of congressional members in the Speaker’s Lobby as lawmakers made their way to the only remaining escape route in the building. The Washington Post obtained video of the scene, capturing the tense moment that resulted in the fatal shooting of one rioter without getting overly graphic. Other lawmakers, congressional staff, and journalists also narrowly escaped injury or being taken hostage as they huddled in offices and congressional chambers, sometimes donning gas masks and hugging the floor for cover. In essence, the nation was one door, one gunshot, one execution away from a moment where no one could have earthly known what would come next. And as dangerous as the territory is that we are now in, that precarious moment of unknowing easily could have precipitated a far more perilous period for our country and the world. 

And yet, within the same 24-hour period surrounding this riotous assault on U.S. governance, Democrats clinched the 50th Senate seat that secured their impending control of both chambers of Congress, while congressional lawmakers still managed to certify 306 electoral votes ensuring President-elect Joe Biden will indeed become commander in chief at noon on Jan. 20. 

At the same time, the Republican Party has been indefinitely thrown into an epic tailspin. Its future leadership is an open question. Its electoral viability is a complete mystery after the party managed to lose the House, Senate, and White House in a period of four years. Will Trump voters still show up at the polls in future elections? Will conservative-leaning suburbanites stick with a party that aided and abetted a president who sicced a violent mob on the U.S. Capitol? Maybe that's why the GOP is currently splitting up between staunch pro-seditionists and those who are abruptly and belatedly advocating for a break with Trump after four years of helping him destroy the country's Democratic norms at every possible turn. 

If there's a silver lining in all this upheaval, it's that Democrats are finally at the point where (forgive me) they seem to have no f'cks left to give. Instead of a lengthy internal debate over whether it makes sense to impeach a president who literally tried to get them killed while overthrowing the government, they are ploughing ahead, electoral consequences be damned. That's a far cry from where they started the week, with some top congressional Democrats expressing their hope to simply move beyond any lingering investigations of Trump and his administration. But Trump's deadly meltdown paired with the GOP's feckless refusal to confront his unfitness for office seems to have finally pushed Democratic lawmakers over the brink. 

Democrats coalesced around removing Trump from office by any means possible within 24 hours of the siege. They immediately pressured Pence and Trump's Cabinet to invoke the 25th Amendment. After Pence failed to even return the phone calls placed by Democratic leaders Pelosi and Chuck Schumer, Pelosi told House Democrats impeachment articles would be introduced on Monday

In a teaser clip of Pelosi's 60 Minutes interview set to air on Sunday, Pelosi went further than removal, calling for prosecution of Trump.

“Sadly, the person running the Executive Branch is a deranged, unhinged, dangerous president of the United States and it will be a number of days until we can be protected from him," Pelosi told Lesley Stahl, adding that "nothing" was off the table. "He has done something so serious that there should be a prosecution against him."

Outside of Trump and his cultists, absolutely no one wanted the horrific events that unfolded this week to take place. It was one of the darkest and most shameful moments in U.S. history. But the unimaginable episode also appears to have inspired a resolve among congressional Democrats that could prove a game changer heading into an era that may arguably be among the most consequential years of U.S. governance since the years surrounding the Civil Rights movement, the Great Depression, and even the Civil War.  

Watch the teaser for Pelosi’s 60 Minutes interview: 

NEWS: Nancy Pelosi calls for President Trump to be prosecuted. This is a preview of a @60Minutes interview airing this Sunday on CBS. ‘Sunday, House Speaker Nancy Pelosi calls President Trump “deranged, unhinged, dangerous” and says he should be prosecuted. Lesley Stahl reports’ pic.twitter.com/tXbiG7VwJU

— David Begnaud (@DavidBegnaud) January 9, 2021

Trump remains defiant, Pence refuses to act. Impeachment is inevitable and must start now

The calls for Donald Trump's immediate removal from office are growing louder and more insistent with every hour that passes. As of Friday morning, 159 House Democrats and 22 Senate Democrats have issued statements supporting impeachment. A Republican, Sen. Ben Sasse, is also on board, saying that he will "definitely consider whatever articles [the House] might move because I believe the president has disregarded his oath of office. … What he did was wicked."

Assistance House Speaker Katherine Clark told CNN that the House will move forward with an impeachment vote by the middle of next week if Vice President Pence and the Cabinet have not acted to remove Trump using the 25th Amendment. They need to move faster. They need to move now, because the 25th Amendment route is not happening and Trump remains dangerous.

Pence spent the whole of Thursday avoiding phone calls from House Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer. The resignations of two Cabinet secretaries—Elaine Chao and Betsy DeVos—complicate that process as well. CNBC reports that Steven Mnuchin and Mike Pompeo have had discussions with staff in their own agencies, identifying obstacles—the time it would take with just two weeks to inauguration, whether the "acting" secretaries—three of them—would be able to vote, and "concerns that forcing Trump from office could further stoke tensions among his base and make him a hero of the far right, doing more bad in the long term than good in the short term." Meaning they don't want to become targets of Trump's violent mob. "The general plan now is to let the clock run out," a former senior administration official told CNBC. "There will be a reckoning for this president, but it doesn't need to happen in the next 13 days."

A Trump tweet—he's out of Twitter jail for the moment—belies that sentiment. He remains defiant, threatening that the "great American Patriots" who voted for him and presumably those who attempted to overthrow the government at his instigation "will not be disrespected or treated unfairly in any way, shape or form!!!" He remains a danger and he and his mob pose a very real threat to the inauguration on Jan. 20, not to mention the entire Congress, Joe Biden, and Kamala Harris for the foreseeable future.

House Democrats are meeting Friday at noon and leadership seems ready to move forward. "I can confirm that we have had discussions about it and I would hope that the speaker would move forward if the vice president refuses to do what he is required to do under the Constitution," Rep. James Clyburn told CNN. "Everyone knows that this president is deranged." The previous impeachment manager, Rep. Adam Schiff, is ready to go. "Donald Trump lit the fuse which exploded at the Capitol," he tweeted. "Every day that he remains in office, he is a danger to the Republic. He should leave office immediately, through resignation, the 25th Amendment or impeachment."

At this point it seems to be a matter of when, not if, on impeachment. That puts pressure on the Senate Majority Leader (for the next few weeks) Mitch McConnell to act. The Senate is recessed until Jan. 19, but can and should reconvene for an impeachment hearing. If McConnell has any hopes at all of reconstituting a majority in 2022, he'll feel that pressure.

Calling for Trump’s removal, Schumer signals more aggressive posture for Democrats moving forward

It shouldn't be a surprise that the incoming majority leader of the soon-to-be Democratic-led Senate has come out in favor of removing a U.S. president who incited an armed insurrection at the nation’s Capitol, but frankly it is. And it's a welcome development from Sen. Chuck Schumer that just might signal a more aggressive posture for the soon-to-be Democratic-led Congress during the first couple years of the Biden administration.

Democratic voters and liberals have spent four years lamenting the light touch of our elected leaders in the face of a president who was ripping our country to shreds in real time. Eventually, House Democrats did the right thing by impeaching Trump, but only after a transgression so glaring and obvious and publicly accessible, they really had no choice but to take action lest they violate their sacred oath to the Constitution. 

Following a weak performance by down-ballot Democrats in November, many progressives have been bracing themselves for more of that light Democratic touch—a complete reversion to the centrism mindset that dominated the '90s and early aughts. And to be sure, congressional Democrats now face real challenges in both chambers, with a one-vote edge in the Senate (where Democrats still need 10 more votes to reach the 60 needed to beat a filibuster) and just 222 Democrats in the lower chamber (where 218 votes are needed to pass legislation). But you don't get what you don't try for, and for far too long congressional Democrats have been their own worst enemy in terms of negotiating themselves down before they even get to the bargaining table.

That's why Schumer caught my eye prior to the election last year when he sent several signals that Democrats needed to act more aggressively than they had during the first two years of Barack Obama's presidency when they had commanding majorities in both chambers. In the months leading up to the election, Schumer rejected his longtime centrist persona, pondered an FDR-style response to the problems facing the nation if Democrats controlled the levers of government, and warned Republicans that "nothing is off the table for next year" if they proceeded to ram through a replacement for recently passed Supreme Court Justice Ruth Bader Ginsberg.

So Schumer announcing his strong support for removing Trump by any legal means possible in the wake of his betrayal of the country suggests Schumer meant what he said last fall, which would in turn incentivize House Speaker Nancy Pelosi to push her caucus as far as it can go in passing progressive legislation as quickly as possible in the early stage of Biden's presidency. 

Leadership matters. Since Schumer issued his strong call for Trump's removal Thursday morning, momentum has already grown exponentially. Speaker Pelosi has joined the effort. Rep. Ilhan Omar of Minnesota has finished drafting Articles of Impeachment and Democratic support for either impeaching Trump or invoking the 25th Amendment keeps rolling in. These are the signs we want to see in the days immediately following Democrats' historic victories in two Georgia Senate runoffs. Keep it coming, Democrats. Time to save the American enterprise—this isn’t a dress rehearsal.

#BREAKING: Pelosi says time for 25th Amendment for Trump for “seditious act,” if not Congress may impeach

— Manu Raju (@mkraju) January 7, 2021

Pelosi to speak soon to reporters pic.twitter.com/voOi6YuDjp

— Jamie Dupree (@jamiedupree) January 7, 2021

Not hard to tell where the momentum is for Democrats right now. pic.twitter.com/d9qB6JZFLm

— Jamie Dupree (@jamiedupree) January 7, 2021