‘Like a loaded cannon’: House Democrats argue Trump trained murderous mob on U.S. Capitol

House Democrats didn't mince words in the 77-page brief they filed Tuesday arguing for the conviction of Donald Trump on impeachment charges. "He summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue,” wrote the nine Democratic impeachment managers led by Rep. Jamie Raskin of Maryland.

Trump's actions on Jan. 6, they said, endangered the lives of lawmakers, threatened the peaceful transition of power and line of succession, and damaged U.S. national security. Democrats called those actions a "grievous betrayal of his Oath of Office" that should clearly preclude Trump from ever holding office again.

"To protect our democracy and national security—and to deter any future President who would consider provoking violence in pursuit of power—the Senate should convict President Trump and disqualify him from future federal officeholding," they wrote.

The brief is intended to rebut several arguments Trump's defense team might employ, including the notion that impeachment would violate Trump’s First Amendment rights or that it would be unconstitutional or simply unnecessary to impeach him now that he is no longer in office. 

"The Constitution governs the first day of the President’s term, the last day, and every moment in between. Presidents do not get a free pass to commit high crimes and misdemeanors near the end of their term," write the impeachment managers. Later, they add, "There is no 'January Exception' to impeachment or any other provision of the Constitution."

Democrats also used the characterizations of prominent Republicans to buttress their case, noting that Wyoming Rep. Liz Cheney said no president had ever committed a "greater betrayal" of their oath to the Constitution and Sen. Mitch McConnell of Kentucky said the mob "was fed lies" and had been "provoked by the president."

The brief also calls upon the words of the rioters themselves to indict Trump. 

Provoked by President Trump’s statements at the rally, many insurrectionists who assaulted the Capitol proudly proclaimed that they were doing President Trump’s bidding. One told police officers that he came as part of a group of “patriots” “at the request of the President." In a livestreamed video from inside the Capitol, another declared that “[o]ur president wants us here. … We wait and take orders from our president." Yet another rioter yelled at police officers, “[w]e were invited here … by the President of the United States!”

The brief lays out a timeline demonstrating how long Trump allowed the murderous siege to go on before addressing his supporters and encouraging them to leave the Capitol. Even within that scripted video address, Democrats note, Trump continued his incitement, saying the election was "stolen from us" and telling the violent insurrectionists, "We love you, you're very special."

"President Trump’s incitement of insurrection requires his conviction and disqualification from future federal officeholding," the Democrats conclude. "This is not a case where elections alone are a sufficient safeguard against future abuse; it is the electoral process itself that President Trump attacked and that must be protected from him and anyone else who would seek to mimic his behavior."

Failure to convict, they add, would only "embolden" future leaders to retain power by any means possible and "suggest that there is not a line a President cannot cross."

Lawyers for Trump were also expected to file a brief Tuesday that will likely steer clear of Trump’s election fraud claims, according to the New York Times.

UPDATE: Trump’s impeachment response has been released. CNN’s Jim Acosta says, “It argues constitution ‘requires that a person actually hold office to be impeached’ and that Trump was exercising his First Amendment right to question election results.”

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.

After exhibiting signs of integrity, Trump’s impeachment lawyers simply had to go

Donald Trump repels integrity of any kind. Anyone who exhibits even a smidge of it must be immediately stricken from his presence, which is exactly what happened this weekend with Trump's top impeachment lawyers.

Trump has been insisting that his impeachment defense center around the big lie that he won the election and it was stolen from him. Karl "Butch" Bowers Jr. and four other lawyers on Trump's defense team abruptly quit over the weekend because they refused to mount his defense on a gigantic lie, according to The Washington Post. Instead, they had pushed to make the case that trying a president who was no longer in office was unconstitutional, reinforcing an argument that most mainstream legal scholars reject but that was nonetheless embraced last week by the 45 GOP senators who voted against proceeding with the trial.

But the situation was clearly untenable. Trump simply can't function in a world where the reality is that he's a big loser. So any legal team that insists on a reality-based approach that instead focuses on constitutional arguments is automatically disqualified. Trump repels integrity. Always. 

"The former president repeatedly said he wanted to litigate the voter fraud allegations and the 2020 race — and was seeking a more public defense of his actions. Bowers told Trump he couldn’t mount the defense that Trump wanted," writes the Post.

That left Trump—who had struggled for weeks to find lawyers willing to defend him—without a defense team just over a week before his impeachment trial is set to begin on Feb. 9.

On Sunday evening, Trump's office announced two new lawyers as his defense team: Atlanta-based trial attorney David Schoen and Bruce Castor Jr., a former district attorney in Montgomery County, Pennsylvania. Schoen recently represented Trump bestie Roger Stone as he appealed his conviction for lying and obstructing a congressional investigation into 2016 election interference. The Post reports that Schoen was also in talks to represent convicted sex offender Jeffrey Epstein, who was facing sex trafficking charges just before his death inside a jail cell in 2019, so that gives us an idea of Schoen's typical clientele. It only makes sense that he would take on Trump, who has lived his life palling around with people like Stone and Epstein. Castor seems to be of a piece too. NBC reports that in 2005 Castor declined to pursue charges against Bill Cosby for a sexual encounter in 2004 that ultimately became the basis for Cosby's 2018 sexual assault conviction when a different prosecutor tried the case.

Only the best from Trump, who is clearly cooking up yet another lesson in depravity for America. 

Meanwhile, House Democrats have been working "round-the-clock" on an impeachment presentation designed to provide a gripping presentation of how Trump’s words and actions directly incited the Jan. 6 mob to action at the Capitol.

As Trump’s legal team respectfully resigns, his supporters join Dems in blaming him for Capitol riot

Former President Donald Trump is apparently having some trouble finding legal representation in his upcoming impeachment trial. All five lawyers, including former federal litigators and Trump’s anticipated lead attorneys Butch Bowers and Deborah Barbier, have quit less than two weeks before the trial is scheduled to begin the week of February 8, unnamed sources told CNN. Other attorneys with the good sense to distance themselves from Trump include South Carolina lawyers Johnny Gasser and Greg Harris and Josh Howard, a North Carolina attorney who worked on the Monica Lewinsky investigation during former President Bill Clinton's time in office, CNN reported.

"A person familiar with the situation called it a ‘mutual" decision,’ New York Times correspondent Maggie Haberman tweeted Saturday. "Bowers has been noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters. The person familiar with the situation said there was no chemistry between Bowers and Trump."

Bowers has been noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters. The person familiar with the situation said there was no chemistry between Bowers and Trump.

— Maggie Haberman (@maggieNYT) January 31, 2021

The legal team’s decision to leave reportedly boiled down to a disagreement about legal strategy in the case, with Trump wanting them to argue the clearly unwinnable case that he's a victim of mass election fraud. The reality TV star’s better case is that impeaching a former president is unconstitutional, but even that is a toss-up considering it’s not actually mentioned in the constitution, legal scholars told various news agencies. Trump’s team—and by team, I mean the few remaining people linked to his presidency who aren’t desperately trying to distance themselves from him—is clutching to the constitutionality argument.  

"The Democrats' efforts to impeach a president who has already left office is totally unconstitutional and so bad for our country,” Trump’s former campaign adviser Jason Miller told CNN. “In fact, 45 Senators have already voted that it is unconstitutional. We have done much work, but have not made a final decision on our legal team, which will be made shortly."

Despite GOP sentiments these days that impeaching a former president is unconstitutional, Rep. Matt Gaetz argued the exact opposite point on Twitter Dec. 4, 2019, when Trump suggested former President Barack Obama should be impeached for his stance on healthcare. “You actually can impeach a former President, FWIW”, Gaetz tweeted.

Republican Sen. Tom Cotton said in a statement The Washington Post obtained that the Senate “lacks constitutional authority to conduct impeachment proceedings against a former president.” “The Founders designed the impeachment process as a way to remove officeholders from public office — not an inquest against private citizens,” Cotton said.

The Post’s fact-checking team, however, gave a less definitive analysis:

“Some argue it’s impossible to impeach former officials. Some say it’s possible — if Congress wants to ban them from holding federal office again. One scholar said a definitive answer would come only after a court battle on these issues.

For now, no court appears to have ruled on this question, the text of the Constitution doesn’t spell out the answer, and past practice in Congress is an inconclusive guide.” 

What’s more conclusive is just how much damage Trump did when he made repeated claims of widespread election fraud then challenged his supporters to block Congress from certifying President Joe Biden’s Electoral College victory. “We will never give up. “We will never concede. It doesn't happen,” Trump said at the Save America rally before the riot at the Capitol. “You don't concede when there's theft involved. Our country has had enough. We will not take it anymore, and that is what this is all about.” 

Ten House Republicans joined 222 Democrats in a vote to impeach Trump on January 13, and as it turns out, even supporters of the former president who are charged in connection to the Capitol riot are now arguing Trump made them do it, CNN reportedJacob Anthony Chansley otherwise known as the “QAnon shaman” who appeared horned, shirtless, and draped in bearskin during the riot, said through an attorney that he was "duped" by Trump, according to CNN. Chansley was arrested earlier this month on federal charges of “knowingly entering or remaining in any restricted building or grounds without lawful authority” and violent entry, and disorderly conduct on Capitol grounds.

"You become very self-interested very quickly when you've been charged by the Department of Justice," Elie Honig, a former federal litigator and CNN analyst, said on the news network. "Whatever political mission these people thought they were on while invading the Capitol, now that they might get locked up, they'll point the finger wherever they need to. Political goals now go out the window."

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