Watch: Republicans slammed for ‘debasing and demeaning’ the Constitution

On Tuesday, the House Homeland Security Committee met to discuss the Republican-created articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas. The entire enterprise against Mayorkas has been an example of one of the most transparent weaponizations of impeachment provisions in our lifetime. 

Rep. Daniel Goldman decided to use his time to give a masterclass on how hypocritical, political, and ultimately dangerous this endeavor is, describing the proceedings as “completely debasing and demeaning the impeachment clause of the United States Constitution, and it is a gross, gross injustice to the credibility of this institution.” Goldman reminded the committee that impeachment has only been used against people who have abused their power and should not be used as a way to attack what you might believe to be “bad” policy. “That is for elections and that is for legislation,” Goldman continued.

He then drilled into the political nature of these proceedings, and how they are an attempt to give Donald Trump and congressional Republicans something to run on during this election cycle: “You are sitting here right now trying to impeach a secretary of Homeland Security for neglecting his duties literally while he is trying to perform his duties and negotiate legislation.” Finally, Goldman detailed the catch-22 of nongovernance being performed by the GOP, and how corrosive it is to our country.

So your own party is sabotaging and undermining this administration's efforts to address the border while you are trying to impeach him by saying that they're not addressing the border. The hypocrisy is the least of it. Your attack on the rule of law and our democracy is the worst of it. And you better be careful about the bed that you make. I yield back.

Mayorkas has been a publicly convenient symbol for Republican attacks on immigration policy. No matter how jaw-droppingly obvious the fallacy of their attacks may seem, it is all that they’ve got. Since the GOP continues to fail to gin up enthusiastic electoral support from its voters by way of culture wars attacking trans children and banning books on race and history, trying to impeach Mayorkas has become their substitute for doing anything substantial about our country’s immigration policies.

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Republicans continue to fail the democracy test: Do they support Trump or the U.S. Constitution?

After three consecutive dismal election cycles, Republicans still can't bring themselves to break with perennial loser Donald Trump even after his rallying cry to terminate the U.S. Constitution.

On Tuesday, the House GOP's No. 2, Rep. Steve Scalise of Louisiana, became the latest Republican to fail the democracy test: Trump or the Constitution?

Pressed by PBS Newshour reporter Lisa Desjardins on Trump's latest call to suspend "all rules, regulations, and articles, even those found in the Constitution," Scalise simply couldn't bring himself to condemn Trump.

"Rep. @SteveScalise told me a few minutes ago that he has not seen former Pres. Trump's words about the Constitution," tweeted Desjardins, in regard to Trump's Truth Social rant.

Desjardins proceeded to educate Scalise: "As he sees the election, from 2020, it allows for the termination of all rules and articles, including the Constitution. What do you make of that?"

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Steering clear of Trump, Scalise responded, "The Constitution is never subject to being waived or suspended. Obviously, the Constitution's our enduring document that protects our freedoms."  

Desjardins followed up by asking Scalise if it's "dangerous to talk about the termination of things like that?" In other words, is it dangerous to suspend the very document that "protects our freedoms," as Scalise himself put it.

The response, according to Desjardins' tweet thread: "Scalise: *enters office, does not respond*"

So if it's Trump or the Constitution, it's still Trump for Republicans, which is the exact same message Rep. David Joyce of Ohio, who chairs the Republican Governance Group, sent Sunday on ABC's This Week.

Host George Stephanopoulos asked Joyce directly, "Can you support a candidate in 2024 who's for suspending the Constitution?"

Joyce equivocated at first, offering, "It's early, I think there's going to be a lot people in the primary."

But he ultimately admitted that he would back Trump if he won the nomination. "At the end of the day, whoever the Republicans end up picking, I think I'll fall behind."

"Even if it's Donald Trump and he's called for suspending the Constitution?" Stephanopoulos interjected.

Joyce retreated to his earlier contention that it would be a "big field" in 2024, suggesting that Trump might not win.

"That's not what I'm asking," Stephanopoulos clarified, "I'm asking you, if he's the nominee, will you support him?"

"I will support whoever the Republican nominee is," Joyce restated, adding another dash of fairy dust, "I just don't think at this point he will be able to get there."

Stephanopoulos proceeded to call Joyce's statement both "extraordinary" and "remarkable."

But the truth is, it isn't remarkable in the least from today's Republican Party—it's just more of the same from a party that has routinely capitulated to Donald Trump no matter what the circumstance. Even after Trump inspired the deadly Jan. 6 attack on the U.S. seat of government, 197 House Republicans—93% of the caucus—voted against impeaching him.

The entire Jan. 6 attack was an assault on the Constitution, the peaceful transfer of power, and the will of the people.

The brother of fallen Capitol Police Officer Brian Sicknick put it best on Tuesday when he explained why the Sicknick family refused to shake the hands of GOP leaders Kevin McCarthy and Mitch McConnell at a congressional gold medal ceremony for officers who defended the Capitol on Jan. 6.

"Unlike Liz Cheney, they have no idea what integrity is," Ken Sicknick said. "They can't stand up for what's right and wrong—with them, it's party first."

On Tuesday, McConnell had yet another opportunity to defend U.S. democracy when CNN’s Manu Raju asked if he would “categorically” refuse to support Trump. 

"What I’m saying is, it would be pretty hard to be sworn in to the presidency if you’re not willing to uphold the Constitution,” McConnell offered. 

Again, given the choice of Trump or the Constitution, McConnell demurs.

Republicans have proven over and over again their fealty to party, and personal gain supersedes their fealty to the republic. Their continued refusal to condemn a man who is calling for the "termination" of the U.S. Constitution is just a continuation of their treachery.

FLASH: Family of officer Brian Sicknick refuses to shake hands with Sen McConnell and Rep McCarthy at Congressional gold medal ceremony. Brian’s brother Ken Sicknick tells me why ====> pic.twitter.com/Y34CI8MCTi

— Scott MacFarlane (@MacFarlaneNews) December 6, 2022

Asked McConnell - in aftermath of his criticism of Trump in the past two weeks - if he could categorically say he wouldn't support him as GOP nominee. "What I’m saying is it would be pretty hard to be sworn in to the presidency if you’re not willing to uphold the Constitution" pic.twitter.com/FUdv4zIpvT

— Manu Raju (@mkraju) December 6, 2022

This is the state of the authoritarian Republican Party: willing to back an aspiring despot who *explicitly* says he wants to terminate the US Constitution, so long as he’s got an (R) by his name. We’re in trouble. pic.twitter.com/0AGd6nK0o6

— Brian Klaas (@brianklaas) December 4, 2022

Democrat Introduces Bill To Prevent Trump From Becoming Speaker Of The House

Representative Brendan Boyle (D-PA) introduced a bill that would only allow sitting House members to serve as Speaker after Donald Trump said the post would be “interesting.”

Boyle, having seemingly resolved all other matters of concern for his constituents, moved on to legislation specifically targeting the former President.

Though the role has never been filled by anyone outside the chamber, the Constitution does not specifically state that the Speaker must be a House member. Anyone chosen by the House can serve as Speaker.

And while Trump being chosen for the role would be an extreme long shot, Boyle is so fearful of the prospect he doesn’t want to take the chance.

“The Speaker of the U.S. House is second in the United States presidential line of succession,” he said in a statement.

“That Donald Trump’s name would even be tossed around as a potential speaker in the people’s house, should serve as an alarm bell that our current requirements need to be amended in the name of protecting our nation and our democracy,” Boyle continued.

RELATED: Trump Calls Mitch McConnell ‘A Stupid Person’ For… Not Getting Rid Of The Filibuster?

Trump As Speaker Of The House?

Last month, in an interview with conservative radio host Wayne Allen Root, former President Donald Trump toyed with the idea of running for Congress in 2022 and perhaps becoming Speaker of the House.

Root, for his part, was completely enamored with the idea, suggesting Trump run for a House seat in Florida, lead the Republican Party to a massive victory in the chamber in 2022, and “become the Speaker of the House.”

The radio host went so far as to suggest Trump could then give Biden and the Democrats a taste of their own medicine if he were to “lead the impeachment of (President) Biden and start criminal investigations against” him.

Trump, always one to leave all possibilities on the table to keep his political adversaries off guard, said the idea was “so interesting.”

Root egged him on a bit, saying the move would make him a “folk hero.”

“Yeah, you know it’s very interesting,” Trump replied, noting some people have suggested he run for Senate. “But you know what, your idea might be better. It’s very interesting.”

RELATED: 6th Texas Democrat Tests Positive For COVID, Along With White Official And Pelosi Staffer After Maskless Flight To Avoid Work

Obsessed With Trump

Root wasn’t the only one to suggest Trump make a move to become Speaker of the House.

Former Trump adviser Steve Bannon first touted the idea of Trump running for Congress to take over as Speaker back in February.

As with Root, Bannon suggested the former President could lead impeachment proceedings against Biden.

Representative Matt Gaetz (R-FL) a staunch ally of Trump, has also suggested he be elected to the role of House Speaker.

Gaetz sent out fundraising appeals which told donors, ”how great it will feel when … we make our next Speaker of the House Donald J. Trump.” 

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Boyle believes his legislation would prevent that from happening.

“This legislation would establish that mandate in very clear and direct language, and it would serve as a check against those who would seek to undermine and derogate the authority and responsibilities of the speaker’s office,” he said.

We’re not quite sure Boyle thought it through very well, however.

The entire premise of Root’s and Bannon’s argument is that Trump runs for a House seat and then becomes Speaker of the House. Neither of their suggestions involves House members choosing an outsider to serve as Speaker.

Boyle’s obsession with stopping Trump even after he has left office is perhaps matched only by Democrats earlier this year who introduced a bill that would ban the former President from being buried at Arlington National Cemetery.

That bill has 13 Democrat co-sponsors.

Representative Andy Biggs (R-AZ) at the time said the bill is proof that “Trump lives rent-free in the heads of Democrats.”

“If it weren’t so tragic, it would be hilarious,” he added.

Boyle’s obsession continues that tragic legacy.

 

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GOP Rep Says Impeachment Was Really About Dems Trying To Frame 74 Million Trump Voters As Capitol Rioters

Rep. Mike Johnson (R-LA) spoke out over the weekend to say that the last impeachment effort against former President Donald Trump was really about Democrats trying to “equate” the 74 million Americans who voted for him with “the couple hundred criminals who came in an ransacked the Capitol.”

Johnson Reveals What Impeachment Was Really About

Johnson explained that he feels that the “ultimate goal” for Democrats with this impeachment was to frame Trump’s supporters as indistinguishable from Capitol rioters.

“They really wanted to use impeachment as a vehicle because they wanted to equate all those tens of millions of Trump’s voters and all of his supporters and everybody who came to the rally, they wanted to equate all of those people with the couple hundred criminals who came in and ransacked the Capitol,” Johnson told Breitbart News.

“If [Democrats’] new impeachment standard is to take hold, most of the party leadership in the Democrats will have to be censured or impeached themselves,” he added. “I thought Trump’s attorneys did such a great job with their video montage where they showed all these guys — even the impeachment managers themselves — using the exact same language that they were trying to incriminate the president by using.”

“[Trump] has always stood for law and order and defense of the Constitution,” Johnson said emphatically. “He’s always opposed mob violence.”

Related: Lindsey Graham Says Mitch McConnell’s Anti-Trump Speech May Come Back To Bite Republicans

Johnson Doubles Down

Later in the interview, Johnson predicted that congressional majorities will be using impeachment as political tools more often in the future.

“You are lowering the bar [for impeachment] now. You weaponized this,” he said. “You turned it into a political weapon to be used by the majority party against a president they don’t like. You opened a Pandora’s box that we may never be able to close again.”

Johnson added that he does not believe that the impeachment effort that Democrats just carried out was what the founding fathers had in mind when they framed the Constitution.

“What the Founders had in mind when they set up this impeachment article and the idea behind it was that it would be so serious that the decorum would be so appropriate for the weight of a moment like that,” Johnson explained.

Related: ‘Never-Trump’ Republicans Looking To Form Their Own Party

“It was sort of presupposed,” he added. “It was understood, of course, that you would afford due process. They didn’t need to spell out the federal rules of the civil procedure in the Constitution for something like this because they thought that everyone would be acting like adults.”

“This was not a constitutional exercise,” Johnson concluded. “What [Democrats] tried to do [is] to raise ‘cancel culture’ now to a constitutional level.”

This piece was written by James Samson on February 15, 2021. It originally appeared in LifeZette and is used by permission.

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The post GOP Rep Says Impeachment Was Really About Dems Trying To Frame 74 Million Trump Voters As Capitol Rioters appeared first on The Political Insider.

Assassination, secession, insurrection: The crimes of John Wilkes Booth, Jefferson Davis, and Trump

Donald Trump broke new ground as the first president—the first American, period—to be impeached twice. However, thinking of him solely in those terms fails by a long shot to capture how truly historic his crimes were. Forget the number of impeachments—and certainly don’t be distracted by pathetic, partisan scoundrels voting to acquit—The Man Who Lost The Popular Vote (Twice) is the only president to incite a violent insurrection aimed at overthrowing our democracy—and get away with it.

But reading those words doesn’t fully and accurately describe the vile nature of what Trump wrought on Jan. 6. In this case, to paraphrase the woman who should’ve been the 45th president, it takes a video.

Senate Republicans acquitted Donald Trump of high crimes and misdemeanors twice. So make them pay: Donate $1 right now to each of the Democratic nominee funds targeting vulnerable Senate Republicans in 2022.

Although it’s difficult, I encourage anyone who hasn’t yet done so to watch the compilation of footage the House managers presented on the first day of the impeachment trial. It left me shaking with rage. Those thugs wanted not just to defile a building, but to defile our Constitution. They sought to overturn an election in which many hadn’t even bothered themselves to vote.

What was their purpose? In their own words, as they screamed while storming the Capitol: “Fight for Trump! Fight for Trump!” Those were the exact same words they had chanted shortly beforehand during the speech their leader gave at the Ellipse. He told them to fight for him, and they told him they would. And then they did.

“These defendants themselves told you exactly why they were here” pic.twitter.com/6HVsD8Kl0M

— The Tennessee Holler (@TheTNHoller) February 10, 2021

Many of those fighting for Trump were motivated by a white Christian nationalist ideology of hate—hatred of liberals, Jews, African Americans, and other people of color. Most of that Trumpist mob stands diametrically opposed to the ideals that really do make America great—particularly the simple notion laid down in the Declaration of Independence that, after nearly 250 years, we’ve still yet to fully realize: All of us are created equal. The Jan. 6 attack on the Capitol was but another battle in our country’s long-running race war.

As Rev. William Barber explained just a few days ago: “White supremacy, though it may be targeted at Black people, is ultimately against democracy itself.” He added: “This kind of mob violence, in reaction to Black, brown and white people coming together and voting to move the nation forward in progressive ways, has always been the backlash.”

Barber is right on all counts. White supremacy’s centuries-long opposition to true democracy in America is also the through-line that connects what Trump has done since Election Day and on Jan. 6 to his true historical forebears in our history. Not the other impeached presidents, whose crimes—some more serious than others—differed from those of Trump not merely by a matter of degree, but in their very nature. Even Richard Nixon, as dangerous to the rule of law as his actions were, didn’t encourage a violent coup. That’s how execrable Trump is; Tricky Dick comes out ahead by comparison.

Instead, Trump’s true forebears are the violent white supremacists who rejected our democracy to preserve their perverted racial hierarchy: the Southern Confederates. It’s no coincidence that on Jan. 6 we saw a good number of Confederate flags unfurled at the Capitol on behalf of the Insurrectionist-in-Chief. As many, including Penn State history professor emeritus William Blair, have noted: “The Confederate flag made it deeper into Washington on Jan. 6, 2021, than it did during the Civil War.“

As for that blood-soaked, intra-American conflict—after Abraham Lincoln was elected president in 1860, 11 Southern states refused to accept the results because they feared it would lead to the end of slavery. They seceded from the Union and backed that action with violence. Led by their president, Jefferson Davis, they aimed to achieve through the shedding of blood what they could not at the ballot box: to protect their vision of a white-dominated society in which African Americans were nothing more than property.

Some, of course, will insist the Civil War began for other reasons, like “states’ rights,” choosing to skip right past the words uttered, just after President Lincoln’s inauguration, by Alexander Stephens, who would soon be elected vice president of the Confederacy. Stephens described the government created by secessionists thusly: “Its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery—subordination to the superior race—is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.”

In the speech he gave at his 1861 inauguration, Lincoln accurately diagnosed secession as standing in direct opposition to democracy.

Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity is impossible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

Davis, Stephens, and the rest of the Confederates spent four long years in rebellion against democracy and racial equality. In 1865, Lincoln was sworn in for a second term. On the ballot the previous year had been his vision, laid out at Gettysburg, of a war fought so that our country might become what it had long claimed to be, namely a nation built on the promise of liberty and equality for every American. Lincoln’s vision won the election. He planned to lead the Union to final victory and, hopefully, bring that vision to life. Instead, John Wilkes Booth shot the 16th president to death.

Why did Booth commit that violent act, one that sought to remove a democratically elected president? Look at his own written words: “This country was formed for the white, not for the black man. And looking upon African Slavery from the same stand-point held by the noble framers of our constitution. I for one, have ever considered (it) one of the greatest blessings (both for themselves and us,) that God has ever bestowed upon a favored nation.”

As author and Washington College historian Adam Goodheart explains, Booth was “motivated by politics and he was especially motivated by racism, by Lincoln’s actions to emancipate the slaves and, more immediately, by some of Lincoln’s statements that he took as meaning African Americans would get full citizenship.” When Booth opened fire, his gun was aimed at not just one man, but at the notion of a multiracial, egalitarian democracy itself.

Trump may not have pulled a trigger, bashed a window, or attacked any police officers while wearing a flag cape, but he shares the same ideology, motive, and mindset as his anti-democratic, white supremacist forebears. They didn’t like the result of an election, and were ready and willing to use violence to undo it. Secession, assassination, insurrection. These are three sides of a single triangle.

I hope, for the sake of our country and the world, we never have another president like Donald Trump. I hope we as a people—or at least enough of us—have learned that we cannot elect an unprincipled demagogue as our leader.

A person without principle will never respect, let alone cherish, the Constitution or the democratic process. A person without principle can only see those things as a means to gain or maintain a hold on power. A person without principle believes the end always justifies the means.

That’s who Trump is: a person without principle. That’s why he lied for two months after Election Day, why he called for his MAGA minions to come to Washington on the day Joe Biden’s victory was to be formally certified in Congress, and why he incited an insurrection on that day to prevent that certification from taking place. His forces sought nothing less than the destruction of American democracy.

For those crimes, Trump was impeached, yes. But those crimes are far worse than those committed by any other president. Regardless of the verdict, those crimes will appear in the first sentence of his obituary. They are what he will be remembered for, despite the cowardice of his GOP enablers. Forever.

Ian Reifowitz is the author of  The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

MSNBC’s Joy Reid Says Cruz And Hawley’s Families Should Be ‘Ashamed’ Of Them

MSNBC host Joy Reid went after Senators Ted Cruz (R-TX) and Josh Hawley (R-MI) on Wednesday, going so far as to say that their families should be “ashamed” of the role she claims they plaid in the Capitol riots.

Reid Attacks Cruz And Hawley

“If I were the families of Josh Hawley who unfortunately replaced Claire McCaskill in the United States Senate and Ted Cruz, I’d be ashamed because they were a part of it,” she said, referring to the Capitol riots.

“Josh Hawley was giving the high fist to those murderers, those cop killers. Ted Cruz, they’re in the gallery saying, oh, Ted Cruz is with us,” Reid added. 

“They’re accessories to the murders, to the mayhem, to the hunting of the vice president of the United States, and by the way, where is the vice president of the United States? You’ve been asking that, Nicolle,” she said to her colleague Nicole Wallace.

“He was literally hunted like an animal. I don’t know if I’ve ever seen anything like this in terms of Senate testimony ever,” she said.

Related: MSNBC’s Joy Reid Claims Capitol Police Went Easy On ‘White’ Protesters, Ignores Woman Killed

“I don’t know how any of them can sleep at night and face their families and their children and explain after what has basically been a truth, not the reconciliation part, but a truth commission,” Reid continued.

“You know, I doubt that Donald Trump will be convicted. They’ll find a way to tuck their shame away and pretend that this is okay, but we now know,” Reid concluded. “We know. We have seen it viscerally. We have heard the police calling on the radio calling for help.”

Cruz And Hawley Condemn Capitol Riots

It should be noted that both Cruz and Hawley have repeatedly condemned the Capitol riots over the past few weeks.

“We saw a terrorist attack on the United States Capitol,” Cruz said on January 7. “Everyone who attacked the Capitol should be fully prosecuted and they should spend a long, long time in jail.”

“You’re not going to get anything but condemnation from me for what happened with those criminals at the Capitol on Jan. 6, but that doesn’t make the trial any more legitimate than it is, which is totally illegitimate — no basis in the Constitution,” Hawley said on Thursday, according to Politico.

Related: Josh Hawley Rips Democrats – ‘Total Lie’ That I Tried To Overturn Presidential Election

“What we’re seeing is what we lived through. It’s what my staff lived through,” Hawley added. “The criminals who did it ought to be prosecuted as they are being and ought to be given the full measure of the law.”

This piece was written by James Samson on February 11, 2021. It originally appeared in LifeZette and is used by permission.

Read more at LifeZette:
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Cory Booker Claims No More Evidence Is Needed To Conclude ‘Trump Violated His Oath Of Office’

Sen. Cory Booker (D-NJ) went on CNN on Thursday morning to claim that “we do not need more evidence to come to the conclusion that Trump violated his oath of office.”

Booker Says No More Evidence Is Needed To Impeach

In making this claim, Booker cited Trump’s “prolific tweeting,” and his silence as his followers tried to find then-Vice President Mike Pence and Speaker of the House Nancy Pelosi during the Capitol riots last month.

“They literally were saying they were taking direction from him. They were reading his tweet publicly out to other rioters as they chanted, ‘Hang Mike Pence,” Booker said. 

“I do not understand how you cannot look [at] this prolific tweeting that went on and then the silence afterward. This is a president that knows how to tell people to stop,” he added. 

Related: Lindsey Graham Predicts ‘Not Guilty’ Impeachment Votes Are Growing After ‘Absurd’ Arguments From Democrats

Booker Doubles Down

“I don’t know how you can’t look at the fact that it was well known that the riotous, murderous mob was in the Capitol for an hour plus, and then the two things you hear from the president is one, him replaying his own speech on Twitter and then telling the mob that Mike Pence had failed them,” Booker continued. 

“It is hard to even venture to say that the commander-in-chief who swore an oath to protect this sacred space did not fail in his duty, did not betray that oath,” Booker concluded. “We do not need more evidence, in my opinion, to come to the conclusion that … Donald Trump violated his oath of office.”

Related: Lindsey Graham Rips Impeachment – ‘We’re Doing A Lot Of Damage To The Country Because People Hate Trump’

Trump Impeachment

This comes as Trump’s impeachment trial is ongoing in the Senate, with the former president being accused of inciting the Capitol riots last month.

He was already impeached by the House over this for a second time last month, but it remains to be seen whether Democrats will be successful in impeaching him in the Senate.

Earlier this month, Booker released a statement calling for the Senate to impeach Trump, saying that “it brings me no satisfaction to come to this conclusion. And yet we all swore an oath to  ‘support and defend the Constitution of the United States.’”

This piece was written by James Samson on February 11, 2021. It originally appeared in LifeZette and is used by permission.

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The post Cory Booker Claims No More Evidence Is Needed To Conclude ‘Trump Violated His Oath Of Office’ appeared first on The Political Insider.

Constitutional Professor: Why Senate Cannot Bar Trump From Being President Again

By James Sieja for RealClearPolitics

Perhaps they are thinking about the next election or their political legacies, but Democrats and some Republicans intent on impeaching and convicting former President Donald Trump are not reading the Constitution correctly. 

When the Senate trial begins Monday, there will be lots of grandstanding and lawyerly pettifogging, and we will find out if Democrats can convince 17 Republicans that they need to convict the former president. 

Fortunately, I don’t think they’ll succeed. I say fortunately because impeaching Trump would be wrong, constitutionally speaking. 

RELATED: Trump Lawyer’s Demand Senate Impeachment Trial Be Dismissed, Top Dem Admits ‘Not Crazy To Argue’ It’s Unconstitutional

Forty-five Republicans recently voted that this second Trump impeachment trial is in itself unconstitutional. They are incorrect. 

The bipartisan group of 55 senators who voted to proceed to the trial think that the Senate can apply a sanction after conviction. Constitutionally, they’re wrong, too. 

Republicans are wrong because the plain text of the Constitution, as Michael McConnell, a Stanford professor and former federal judge, points out, makes no exceptions or qualifications to either the House’s “sole power of impeachment” or the Senate’s “sole power to try all impeachments.” 

Therefore, the Senate clearly has the power — what legal scholars call jurisdiction — to try the case. 

But, jurisdiction is not the only consideration enshrined in constitutional law.

Two other concepts, standing and justiciability, are central to any court’s decision-making at the beginning of a case. Along with jurisdiction, courts call them, collectively, “threshold questions.” 

Because senators, especially the ones looking to convict, exercise judicial power when they try any impeachment, they would do well to take seriously the requirements for standing and the Supreme Court’s rules for justiciability. 

Standing refers to someone’s ability to bring a case to court in the first place. In the 1992 case Lujan v. Defenders of Wildlife, the late Justice Antonin Scalia listed three factors that comprise the “irreducible constitutional minimum” basis for standing.

While people probably know Justice Scalia for his acerbic dissents, the Lujan majority today is likely his most widely cited uncontroversial opinion. 

In the second Trump impeachment, the relevant element of the Lujan trio is the last one: The court must be able to give a final, binding judgment to the party that wants a punishment.

RELATED: Rand Paul Roasts Hypocrisy Of Impeaching Trump, Doing Nothing About Chuck Schumer, Waters, And Omar

The House wants to punish Trump for his actions. Article II, Section 4 of the Constitution plainly declares the required punishment: “The president … shall be removed from office on impeachment for, and conviction of … high crimes and misdemeanors.”

“Shall” means it must happen. The Senate can’t remove Trump from a position he no longer holds, which means it can’t punish him. Thus, the House lacks standing. 

To be clear, the House retained standing while Trump retained the presidency. But, once he left, the case became moot — purely a matter for discussion, like the number of angels that can dance on the head of a pin.

“Wait!” supporters of conviction cry out. “There’s also the bit in Article I about disqualifying a person who’s been impeached from holding office ever again.”

That is true, but the passage doesn’t improve the logic of a post-presidency Senate punishment in the least. No matter how long we “Wait!” the Senate will still not be able to render the required punishment, so the standing problem remains. 

More importantly, the disqualification punishment presents a justiciability question. Justiciability refers to the ability of a court to effectively resolve the case.

Over several cases, the Supreme Court has identified a bunch of factors that lead to justiciability issues, but all of them stem from a single idea: It’s not the court’s job to decide this, but rather it’s somebody else’s job. 

If the Senate tried to disqualify Trump from holding the presidency again, it would arrogate a privilege — determining who will not be president — that the Constitution explicitly reserves to another body: We the People.

Thus, there is a clear justiciability problem with disqualification if it tries to block anyone — Trump, you, me, anyone — from winning the presidency or other elected office. 

RELATED: Hiding Biden: How Democrats Crafted First Impeachment, Helping Defeat Trump With Media Help

Alexander Hamilton declared that the Constitution stood for the idea “that the people should choose whom they please to govern them.”

However imperfectly, this is what we do in districts and states throughout the country. And we choose through the Electoral College, a defense of which the current impeachment ironically springs from.

For the House and Senate, a mere 535 citizens, to absolutely bar nearly 160 million from a completely free electoral choice turns the Constitution upside down. 

Ultimately, the Senate can exercise its clear jurisdiction to hear the case, complete with senatorial bloviations, and lawyerly dodges.

But, if the outcome is anything other than the status quo ante, meaning Trump remains eligible for the presidency in the future, the Senate will deal a grave blow to not just the Constitution but to every member of We the People who thinks they still have a choice.

Syndicated with permission from RealClearWire.

James Sieja, assistant professor of government at St. Lawrence University, studies the federal court system and teaches courses in the U.S. Constitution.

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