Republican threat over calling witnesses reveals fundamental misunderstanding of Trump’s impeachment

Lindsey Graham, who is, just as evidence that we have not yet exited the worst timeline, still the chair of Senate judiciary committee, went on Fox News Monday evening to deliver a threat. Should House impeachment managers attempt to call a single witness during Trump’s trial before the Senate, Republican senators are going to want witnesses of their own. Which could make this trial last just ages.

But this time around Graham isn’t threatening to call witnesses about such non sequiturs as what Hunter Biden did in Ukraine. Instead the threat is much stranger. If Democrats call even a single witness, it will “open up Pandora’s Box,” according to Graham. Because Republicans will “want the FBI to come in and tell us about how people actually pre-planned this attack.” It’s a threat that’s not only not a threat, it’s one that shows that Graham hasn’t actually read the impeachment documents.

The reason that Graham, and other Republicans, are putting forward “calling in the FBI” as a threat is because of a very simple theme they’ve been repeating since before Trump was actually impeached, again, in the House. If the impeachment is all about Trump inciting the mob that marched on the Capitol, murdered a police officer, and ultimately caused more American deaths than Benghazi while erecting a gallows on the lawn; then the fact that many of those insurgents came prepared for sedition means it’s not Trump’s fault.

Not only is that argument completely foolish on its face, it ignores what’s actually in the impeachment. The supporting materials submitted to the Senate make it explicitly clear that there is more to Trump’s impeachment than a single morning or a single speech. 

In the months leading up to January 6, 2021 President Trump engaged in a course of conduct designed to encourage and provoke his supporters to gather in Washington, D.C. and obstruct the process of the electoral votes that would confirm his defeat. That conduct spanned months and included frivolous and harassing lawsuits, direct threats to state and local officials, and false public statements to his supporters, all in an effort to incite his supporters into believing it was their patriotic duty to attack Congress and prevent the peaceful transition of power. 

The incitement over which Trump was impeached took place not just on the morning of Jan. 6, but in the preceding months. During those months, Trump repeatedly lied about the outcome of the election, fed a rising tide of rage among his supporters with claims he knew were false, told white supremacist militias to “stand by,” and called on his forces to gather on the day when electoral votes were counted for a “wild” event.

As the impeachment makes clear, Trump acted to “undermine confidence in the results of the election, spread dangerous disinformation, and stoke false and wild conspiracy theories.” The whole body of that action is the reason for Trump’s impeachment and the subject of his trial before the Senate. Trump specifically and repeatedly pointed out Mike Pence and members of Congress as targets for the hatred of the supporters he had inflamed with a stream of continuous lies.

So why does Graham think calling the FBI to speak to how the Proud Boys, Oath Keepers, and others came prepared to storm the Capitol and seek congressional hostages is somehow a threat to the Democratic case? That’s because from the very beginning Republicans—and especially Republicans appearing on Fox and other right-wing media—have been repeating a claim that the impeachment is all about Trump inciting the march on the Capitol in his speech at the “Stop the Steal” rally that morning. According to the framing they’ve been selling Fox viewers, if Trump didn’t expressly tell people to invade the Capitol that morning, he wasn’t really responsible. And if any of the treasonous mob came prepared to violence, it’s proof that the insurgency was not Trump’s fault.

Unfortunately for Graham and others, this reading of the impeachment is as fantastical as the lies Trump told leading up to Jan. 6. The impeachment makes it clear that Trump worked for months to build anger and hatred among his supporters though repeated lies about the election. Trump supporters began planning violence against election supervisors in both Nevada and in Pennsylvania within hours of Trump standing up in the early hours of Nov. 4 to falsely claim victory. Trump encouraged that violence in every statement, every rally, every tweet between the election and Jan. 6. Trump didn’t even disown the invaders while they were inside the Capitol, stepping out to say “we love you” and calling them “very special.”

If Lindsey Graham thinks that calling the FBI is some kind of threat … call them. Call in the agents that have been imbedded with the Proud Boys and Ohio Militia. Call in the agents that have been warning of the increased threat of white supremacist violence, only to have their warnings swatted down. Call them all. If what it takes to purge Trump from the system is pouring out all the poison in public, let’s do that.

It shouldn’t be required. As Graham says in his interview on Fox, he “knows what happened that day.” It should be more than enough to convict Trump and remove the possibility that he will ever again hold public office. But if it’s not … witnesses, sir. Let us have the witnesses.

Some Democrats want to move past Trump. But ignoring his seditious acts threatens American democracy

New York Rep. Hakeem Jeffries delivered a message Monday about the posture of House Democrats' leadership team regarding Donald Trump's relentless attempts to engineer a fascist takeover of the American republic. 

“We’re not looking backward," Jeffries told reporters during a press conference. "We’re looking forward to the inauguration of Joe Biden on January 20th.” 

That forward-looking vision came less than 24 hours after the Washington Post posted smoking-gun audio of an hour-long phone call in which Trump (aka Mafia Don) attempted to threaten and cajole Georgia's top election officials to "find" enough votes to overturn the state's election results. 

Nonetheless, Kate Bedingfield, an adviser to President-elect Joe Biden offered a similar take to Jeffries, saying, "The country is ready to move forward."

But the problem with simply rushing past Mafia Don's political grave is that ignoring his seditious acts is as much a threat to the future of American democracy as Trump's failed efforts were in the first place. In short—seditious, traitorous acts left unchecked beget seditious, traitorous acts. In fact, Senate Republicans with the twinkle of 2024 presidential bids in their eyes are already lining up in support of Trump's effort to tear down democracy in order to maintain his grip on power. Trump's final gambit is all but certain to fail on Wednesday during a joint session of Congress to certify the election results, but the major takeaway is that plenty of future GOP Trumps are waiting in the wings to trash representative democracy on the way to meeting their own political ends unless a price is exacted for doing so. And the lesson those Republicans have learned so far—just as Trump learned from his acquittal—is that there's no serious price to pay, political or otherwise, for betraying the country.

Both the incoming Biden administration and Congress have a role to play in safeguarding our democracy for generations to come. One is criminal and the other is a matter of governance. Biden must appoint smart, resolute leaders to the Justice Department and then simply get out of the way and let them do their jobs. Hamstringing justice in any way with regard to Trump's endless assault on the law and the Constitution would be disastrous for the country's future. But Biden can easily make those appointments to the Department of Justice and then rightfully send the message that his administration is focused on the task of righting the ship in regard to the pandemic and the faltering economy. 

House Democrats, however, cannot afford to simply move along, as if the threat to our democracy ends once Trump is summarily booted from the White House residence. That is a patently false contention given the upheaval we are already witnessing in the Republican party. Trump must be held to account. That can be done in several ways, a couple of which are already in process.

One way is by making a criminal referral to the FBI over Trump's attempted election crimes, an investigation that Reps. Ted Lieu of California and Kathleen Rice of New York are already urging FBI Director Chris Wray to undertake.

Another possibility is censuring Trump over his call to Georgia Secretary of State Brad Raffensperger. Georgia Rep. Hank Johnson introduced a censure motion on Monday with the support of 90 of his colleagues. That number will likely grow in the coming days and weeks as Congress gets back to work—or at least, it should grow, since there are presently 222 Democratic members of the House.

Impeachment is another potential option, but to what end at this point? Trump is just over two weeks away from removal and, as we have already seen, the effort would surely be blocked by the GOP-controlled Senate. Heck, more than a quarter of the Senate Republican caucus has jumped aboard Team coup at this point. 

What does seem a worthy effort, however, is continued investigations of Trump and his minions. Not only do the facts need to come out, but if Democrats are to draft legislation to safeguard our democracy against future Trumps, they will need to know exactly what actions he and his enablers took in their extensive efforts to kneecap America's institutions and systems of governance. 

But none of those three options—a criminal referral, censure, and ongoing investigations—amount to simply "looking forward." What is past will haunt the nation and Democrats, in particular, if it is buried before an autopsy can be conducted and people held to account for their roles in assaulting and undermining America’s democracy. 

Senator’s cellphone seized amid federal investigation of stock trades made ahead of COVID-19 spread

Months after it was revealed that he had made dozens of questionable stock trades ahead of a global pandemic—and advised wealthy constituents to do the same—Republican Sen. Richard Burr of North Carolina had his cellphone seized by federal agents Wednesday night. The agents were at the senator’s Washington, D.C., residence.

Burr, who is a member of the “Gang of Eight” and the chair of the Senate Intelligence Committee, sparked scrutiny in mid-March after making 33 transactions in February, that rid him of a significant chunk of his stock portfolio and netted him anywhere between $628,000 and $1.72 million, according to the Los Angeles Times. The transactions came after briefings on the potential impact of the novel coronavirus from the U.S. Department of Health.

While NPR broke the story about the private warnings to rich Tar Heels, ProPublica was the first to report on the selloff. 

ProPublica’s analysis indicated that the Feb. 13 selling spree was Burr’s “largest selling day of at least the past 14 months.”

As the head of the intelligence committee, Burr, a North Carolina Republican, has access to the government’s most highly classified information about threats to America’s security. His committee was receiving daily coronavirus briefings around this time, according to a Reuters story.

A week after Burr’s sales, the stock market began a sharp decline.

[...]

Burr is not a particularly wealthy member of the Senate: Roll Call estimated his net worth at $1.7 million in 2018, indicating that the February sales significantly shaped his financial fortunes and spared him from some of the pain that many Americans are now facing.

The newest and wealthiest member of the Senate, Georgia’s Kelly Loeffler, also got in on the secret selloff, making 29 transactions that add up to millions.  It’s worth noting that Burr is just one of three senators (and the only one still in office) who voted against the 2012 STOCK Act, which, as McClatchy puts it, “explicitly prevents members of Congress and their staffs from using nonpublic information for insider trading.”  Both the FBI and the DOJ have refused comment, as has Burr’s team; however, as the LA Times notes, the search warrant indicates “a significant escalation” in the investigation into Burr’s possible violation of the STOCK Act.