This week on The Brief: Elie Mystal, the impeachment vote, and potential for a third party

On this week’s episode of The Brief, hosts Markos Moulitsas and Kerry Eleveld talked all things post-impeachment and the potential for the rise of a third major party in American politics. This episode’s featured guest was Elie Mystal, legal expert and writer at The Nation.

Markos and Kerry opened the show by discussing Trump’s second impeachment trial and what the process has shown about his lasting influence on the Republican party. Markos noted that Trump has hurt the party substantially, as demonstrated by the most recent election cycle, when Democrats captured the trifecta of the U.S. House, Senate, and the presidency. Moreover, Trump is the only the third president in 100 years to lose reelection. Yet, Trump’s hold over a significant chunk of GOP voters remained clear from the way Republican leaders responded to his incitement of the insurrection. As Kerry added, “Mike Pence wouldn’t even stand up for himself and his family after it became clear that Trump had targeted him.”

Elie Mystal joined for the first half of the episode to weigh in on the impeachment trial and share his thoughts on its sudden end on Saturday. As Mystal described, the Republicans in the U.S. Senate bore responsibility for what happened on Jan. 6, and that made unifying in convicting Trump more difficult:

The Senate, I think, was cowardly in a way I think we expected them to be. They themselves were complicit in the insurrection. That, I think, was something that was lost during the House managers’ [line of questioning] … They were trying to convince Republicans to come onto their side, and by trying to convince Republicans, that means you can’t call them out for their complicity in the violence … Republicans did everything that Trump did—except try to kill Mike Pence.

Mystal cited the attack on the Joe Biden and Kamala Harris’ campaign bus in Texas, where Trump supporters almost ran the vehicle off the road, and how Trump expressed support for the people who committed that dangerous act. Trump had long been stoking this violence, he said, as well as Republican senators like Marco Rubio, who expressed support for attacks like these.

Regarding the Democrats’ strategy, Kerry wondered aloud about witness intimidation and if it might have occurred the night before the closing arguments were to be heard: “What happened in that negotiation that they ultimately decided not to call witnesses? Was it Democrats backing off? Was it witnesses drying up?”

The trio then discussed the aspect of freedom of speech in the impeachment case and the Brandenburg test, which Markos asked Mystal to explain. The test is one that helps “determine when inflammatory speech intending to advocate illegal action can be restricted,” or basically when free speech isn’t protected.

Lastly, Markos, Kerry, and Mystal discussed Joe Biden’s pick of Merrick Garland for attorney general; the hopes Mystal has for the work Garland will do as AG; and the fact that Trump can still be tried for a multitude of other crimes, especially at the state level in places like New York and Georgia. Ending on a positive note, Mystal said, “I don’t know if ultimate responsibility will come to Trump, but some of these people that have been enabling him for four years, especially people like Rudy Giuliani—one of the things that Trump has shown is is that while he may be Teflon, people around him ain’t.”

After their conversation with Mystal, Markos and Kerry talked about what has happened since Trump left office and how he continues to have a hold on the Republican Party. Kerry floated the idea of a third party becoming a prominent force in the coming years and noted that support for a third American political party is at an all-time high—as evidenced by the results of a recent Gallup poll. As she explains, the infrastructure exists for a third party to rise, led by someone like Rep. Adam Kinzinger (IL-16), a Republican who voted in favor of impeachment. A number of voters are changing their affiliation away from Republicans.

Kerry listed several reasons as to why she believes this:

1. The GOP’s image is plummeting.

2. There’s more support than ever for a third party.

3. Tens of thousands — a unique number of voters — are changing their affiliation away from being Republicans.

4. You have a bunch of former GOP officials who know both the governance side and the political side, the electoral side, of running a party.

Markos indicated that Trump represented a major turning point for the GOP. As he said, “How did Donald Trump get that many more votes? … And it’s one thing for him to win in 2016 when you don’t really know who he is, or you’re smitten by the fact that he’s a celebrity. But to see four years of Trump chaos and say, ‘Yeah, I want more of that.’ That’s what hurt me most on election night.”

Kerry agreed, saying, “The situation from the insurrection has really opened up a gaping wound in the Republican Party that cannot be fixed. They cannot paper over this.”

As Markos and Kerry closed out the discussion with an audience question, they came to agree that a third party is more likely to emerge from never-Trumpers, rather than die-hard Trump fans.

You can watch the full episode here:

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The Republican Party is destined to get exactly what it deserves: More Donald Trump

Take some time to survey the barren landscape of budding 2024 GOP hopefuls and it's hard to escape the conclusion that Republicans have little choice but to stick with Donald Trump for now.

Following the devastating Jan. 6 riot, GOP lawmakers had the perfect inflection point to part ways with Trump on the most basic of principles—the U.S. commander in chief shouldn't launch an attack on the nation's seat of government and then gleefully watch it unfold. The only Americans who could argue with that logic are dead-to-rights seditionists.

But instead of capitalizing on a golden opportunity, the nation’s three most-powerful elected Republicans melted into a telling puddle of uselessness. House Minority Leader Kevin McCarthy folded within weeks, rushing down to Mar-a-Lago to kiss Trump's ring. Vice President Mike Pence—the man Trump targeted for physical harm during the insurrection—refused to step forward and take a stand for himself or even his family members, who had joined him at the Capitol on Jan. 6 for certification of the election results. It's honestly impossible to think of anything more pathetic than that. 

But Senate Minority Leader Mitch McConnell is running a close second to Pence. After more than a decade of being celebrated by D.C. reporters as the Senate GOP's master puppeteer, McConnell followed his caucus rather than led it on impeachment. Despite putting on a show for corporate donors with a scathing indictment of Trump, McConnell voted to acquit because he didn't have the juice to convince his caucus that protecting a U.S. president who launched an attack on the homeland probably wasn't a great precedent. Senate Republicans have now left Americans to wonder, what on earth could possibly be an impeachable offense?

But yeah, three peas in a pod—Pence, McConnell, and McCarthy—demonstrating the complete moral bankruptcy of the Republican Party and sheer inability of anyone among GOP electeds to demonstrate something that might be mistaken for leadership.

Cue the Tuesday Politico/Morning Consult poll showing 53% of GOP voters would vote for Trump if a primary were held today. The closest second was Pence at just 12%—apparently that's what being a spineless loyalist gets you. That said, no one else even makes double digits at this point. The poll also found that 57% of Republican voters want Trump to play a major role in the GOP going forward. That represents a comeback of sorts for Trump since Jan. 7 when some 40% hoped Trump would play an active role.

What's both striking and problematic about recent polling among Republicans is that while Trump remains the most dominant figure in the GOP, he also divides conservative voters. For instance, while 57% of GOP voters wanted a major role for Trump, 17% favored a minor role for him, and 18% wanted no role for Trump at all. That's a deep split.

The latest Civiqs polling notes a similar phenomenon. Of the 43% of respondents who said they voted for Trump, about two-thirds (28%) said they think of themselves as "Trump supporters" while the other third considers themselves "Republican Party supporters." 

So while Trump is bound to continue his role as a dominant force in the Republican Party, he’s also bound to divide the party amongst itself. 

Democrats lean on Ku Klux Klan Act to hold Trump and Giuliani accountable for Capitol riot

Republican enablers may have let former President Donald Trump get away with inciting a deadly Capitol riot, but his recent impeachment acquittal isn't squelching the seemingly endless and much-deserved flood of lawsuits against Trump. The NAACP, Rep. Bennie Thompson, of Mississippi, and the civil rights legal firm Cohen Milstein Sellers & Toll filed a suit against the former commander in chief Tuesday in federal court.

In the suit, the advocates allege that Trump, his personal attorney Rudy Giuliani, and the hate groups Proud Boys and Oath Keepers "conspired to incite" the march to the Capitol to disrupt “by the use of force, intimidation and threat,” Congress’ certification of President Joe Biden’s Electoral College victory. “The insurrection at the Capitol did not just spontaneously occur—it was the product of Donald Trump and Rudy Giuliani lies about the election,” Joe Sellers, a partner at Cohen Milstein said in a news release announcing the lawsuit. “With the Senate failing to hold the President accountable, we must use the full weight of the legal system to do so. The judicial system was an essential bulwark against the President during his time in office, and its role in protecting our democracy against future extremism is more important than ever.”

Trump urged the march to the Capitol during his Save America rally on January 6, and an insurrection that left Capitol police officer Brian Sicknick dead, reportedly hit with a fire extinguisher, followed. More than a dozen other police officers were injured; three people died in medical emergencies; and one rioter was shot and killed when she attempted to breach the Capitol.

Thompson, the NAACP, and Cohen Milstein Sellers & Toll cited the Ku Klux Klan Act of 1871 in their lawsuit, which is intended to “protect against conspiracies, through violence and intimidation, that sought to prevent Members of Congress from discharging their official duties.” 

The legal team stated in the suit:

“The insurrection at the Capitol was a direct, intended, and foreseeable result of the Defendants’ unlawful conspiracy. It was instigated according to a common plan that the Defendants pursued since the election held in November 2020, culminating in an assembly denominated as the “Save America” rally held at the Ellipse in Washington, D.C. on January 6, 2021, during which Defendants Trump and Giuliani incited a crowd of thousands to descend upon the Capitol in order to prevent or delay through the use of force the counting of Electoral College votes. As part of this unified plan to prevent the counting of Electoral College votes, Defendants Proud Boys and Oath Keepers, through their leadership, acted in concert to spearhead the assault on the Capitol while the angry mob that Defendants Trump and Giuliani incited descended on the Capitol. The carefully orchestrated series of events that unfolded at the Save America rally and the storming of the Capitol was no accident or coincidence. It was the intended and foreseeable culmination of a carefully coordinated campaign to interfere with the legal process required to confirm the tally of votes cast in the Electoral College.”

The NAACP cited in its news release a segment of Giuliani’s remarks at the Save America rally last month. “If we’re right, a lot of them will go to jail. So let’s have trial by combat,” the unscrupulous attorney said. The NAACP also quoted the former president in its release. “So we are going to … walk down Pennsylvania Avenue… we’re … going to try and give them the kind of pride and boldness that they need to take back our country,” Trump said at the rally.

1 hour before MAGA stormed the Capitol: Trump: "We're going to walk down Pennsylvania Avenue... and we're going to the Capitol... we're going to try and give our Republicans ... the kind of pride and boldness that they need to take back our country." He specifically incited it. pic.twitter.com/ROoVictxqa

— Brent Black (@brentalfloss) January 6, 2021

NAACP President and CEO Derrick Johnson said in a statement that Trump needs to be held accountable both "for deliberately inciting and colluding with white supremacists to stage a coup" and for "his continuing efforts to disenfranchise African-American voters." “The insurrection was the culmination of a carefully orchestrated, months-long plan to destroy democracy, to block the results of a fair and democratic election, and to disenfranchise hundreds of thousands of African-American voters who cast valid ballots,” Johnson added. “Since our founding, the NAACP has gone to the courthouse to put an end to actions that discriminate against African-American voters. We are now bringing this case to continue our work to protect our democracy and make sure nothing like what happened on January 6th ever happens again.”

Thompson called January 6 "one of the most shameful days in our country’s history," and he added that "it was instigated by the President himself." “His gleeful support of violent white supremacists led to a breach of the Capitol that put my life, and that of my colleagues, in grave danger,” the congressman said. “It is by the slimmest of luck that the outcome was not deadlier.

“While the majority of Republicans in the Senate abdicated their responsibility to hold the President accountable, we must hold him accountable for the insurrection that he so blatantly planned,” he added. “Failure to do so will only invite this type of authoritarianism for the anti-democratic forces on the far right that are so intent on destroying our country.”

Rep. Thompson is also seeking punitive damages which is A+ trolling insofar as it may force Trump to admit he’s a broke ass. pic.twitter.com/vQY3IpWn2I

— ⚓️🚢Imani Gandy 🚢⚓️ (@AngryBlackLady) February 16, 2021

GOP falls into further disarray after seven Republican senators admit Trump was 100% guilty

Donald Trump may have escaped conviction, but the Republican Party will be suffering the consequences of his abhorrent insurrection for years to come. The fact that a historic number of GOP Senate and House lawmakers joined Democrats in declaring Trump guilty of betraying the country sets up a dramatic rift in a party that already appears to be going through a tumultuous realignment

Trump's constant defender, golf partner, and sometimes election meddler Sen. Lindsey Graham of South Carolina rushed out to the Sunday talk shows to assure Republicans they are doooooomed without Donald Trump. “Donald Trump is the most vibrant member of the Republican Party. The Trump movement is alive and well,” Graham told Fox News Sunday host Chris Wallace. “All I can say is that the most potent force in the Republican Party is President Trump. We need Trump.”

The notion that a guy who just came the closest leader in American history to getting convicted of impeachment charges is the "most vibrant member" of the GOP is really a stunning admission—Graham just doesn't know it. Graham is legitimately panicked. In essence, Republicans can't win without Trump, but trying to win with him is going to weigh down the party like a bag of bricks. 

Graham panned as "wrong" a recent move by Republican Nikki Haley to try (yet again!) to distance herself from Trump as she angles for 2024. Graham also twice declared during the Fox interview, "I'm into winning," taking a swipe at Senate Minority Leader Mitch McConnell for ripping into Trump in a cynical effort to appease corporate donors who have soured on him.

But Graham did make one observation that is surely true about McConnell's oratory castigation of Trump despite the fact that he ultimately surrendered to casting an acquittal vote. "That speech you will see in 2022 campaigns,” Graham predicted. Truth. Any right-wing Trumper who emerges victorious after a bruising GOP primary will certainly hear the echo of McConnell's words slamming their general election pitch. 

McConnell knew that before he made the speech, and it also tells you just how desperate he is to keep those corporate donations flowing. He was trying to split the baby by acquitting Trump in one breath and skewering him in the next, but that’s also bound to cause some GOP collateral damage heading into 2022.

Just to truly drive home how far the GOP star has fallen, Graham declared none other than Lara Trump, the supremely uninspired beneficiary of Trump nepotism and Ivanka wannabe, the future of the Republican Party. Verbatim—not kidding.

“The biggest winner I think of this whole impeachment trial is Lara Trump,” Graham said. “If she runs, I will certainly be behind her because I think she represents the future of the Republican Party.”

Lara led Trump's "Women for Trump" initiative targeting the suburbs, which you may recall, wasn't the electoral fast ball the campaign hoped it would be.

On the other side of Graham's sycophantic appeals and McConnell's Machiavellian maneuvering was Sen. Bill Cassidy of Louisiana, who seemed to grow genuinely outraged over the course of the trial by Trump's murderous riot and overt lack of remorse. After Cassidy voted to convict, he released an exceedingly simply and unapologetic statement: "Our Constitution and our country is more important than any one person. I voted to convict President Trump because he is guilty."

On ABC's This Week Sunday, Cassidy predicted Trump's influence over the party had peaked and was on its way down. “I think his force wanes," Cassidy said.

What's so fascinating is that both Graham and Cassidy are likely speaking shades of the truth. Trump remains the most high-profile Republican nationwide and, while he will surely continue to harness the intensity of the nativist wing of the GOP, his ability to command a broad enough coalition to win national and statewide elections has just as surely taken a hit. In essence, Trump is a short-term bandage for a gaping oozing wound within the Republican Party. The Lindsey Grahams of the world are clinging to Trump for dear life, but his epic toxicity guarantees that wound will only deepen in the months and years ahead. 

43 Republicans turn their backs on their country to side with Trump, and we’re listing them all

Senate Republicans fumbled the ball on yet another impeachment trial Saturday, this time regarding former President Donald Trump’s reported efforts to incite a riot at the U.S. Capitol. "As far as I'm concerned, he should've been charged with murder and treason," MSNBC host Jonathan Capehart's beloved Aunt Gloria said Sunday on the show. A video clip of her virtual interview went viral, and for good reason. In the interview, she called to task the 43 Republicans who clearly showed no intention to vote against Trump despite his attempted destruction of our democracy. Aunt Gloria said Republicans missed an opportunity to break away from Trump. “Now I don’t know what’s going to happen,” she said. “Is he still gon lead the party? And what is he gon have his people do next?

Whatever the answers turn out to be to those questions, remember the 43 Republicans who voted to protect Trump no matter the costs to the country. 

They are:

John Barrasso, of Wyoming;
Marsha Blackburn, of Tennessee; 
Roy Blunt, of Missouri;
John Boozman, of Arkansas;
Mike Braun, of Indiana;
Shelley Capito, of West Virginia;
John Cornyn, of Texas;
Tom Cotton, of Arkansas;
Kevin Cramer, of North Dakota; 
Mike Crapo, of Idaho;
Ted Cruz, of Texas; 
Steve Daines; of Montana; 
Joni Ernst, of Iowa;
Deb Fischer, of Nebraska;
Lindsey Graham, of South Carolina;
Charles Grassley, of Iowa;
Bill Hagerty, of Tennessee;
Josh Hawley, of Missouri;
John Hoeven, of North Dakota;
Cindy Hyde-Smith, of Mississippi;
Jim Inhofe, of Oklahoma;
Ron Johnson, of Wisconsin;
John Kennedy, of Louisiana; 
James Lankford, of Oklahoma;
Mike Lee, of Utah;
Cynthia Lummis, of Wyoming;
Roger Marshall, of Kansas;
Mitch McConnell, of Kentucky;
Jerry Moran, of Kansas;
Rand Paul, of Kentucky;
Rob Portman, of Ohio;
James Risch, of Idaho;
Mike Rounds; of South Dakota;
Marco Rubio, of Florida;
Rick Scott, of Florida;
Tim Scott, of South Carolina;
Richard Shelby, of Alabama;
Dan Sullivan, of Arkansas;
John Thune, of South Dakota;
Thomas Tillis, of North Carolina;
Tommy Tuberville, of Alabama;
Roger Wicker, of Mississippi; and
Todd Young, of Indiana

These are the 43 Republican senators who voted to acquit Donald Trump in his second impeachment trial pic.twitter.com/Yly56FQGgb

— NowThis (@nowthisnews) February 14, 2021

These senators had every opportunity to read a transcript of Trump’s words to his followers at a riot dubbed “Save America,” which was held just before the riot at the Capitol. “We will never give up,” he said at the rally. “We will never concede. It doesn't happen. 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.” In a speech chock full of conspiracy theories and unsubstantiated claims of widespread election fraud, Trump directed the crowd to go to the Capitol.

"Now it is up to Congress to confront this egregious assault on our democracy,” the former president said. “After this, we’re going to walk down and I’ll be there with you. We’re going to walk down. We’re going to walk down, any one you want, but I think right here. We’re going walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women. We’re probably not going to be cheering so much for some of them because you’ll never take back our country with weakness. You have to show strength, and you have to be strong."

What followed was an insurrection that left Capitol police officer Brian Sicknick dead, reportedly hit with a fire extinguisher. More than a dozen other police officers were injured; three people died in medical emergencies; and one rioter was shot and killed when she attempted to breach the Capitol. “People need to make up their mind. Was this right?” Aunt Gloria asked. “And it was not right.”

.@CapehartJ's Aunt Gloria gives her analysis of the acquittal of Donald Trump in his second Senate #impeachment trial. #SundayShow pic.twitter.com/vwtgoN5VDk

— The Sunday Show with Jonathan Capehart (@TheSundayShow) February 14, 2021

President Joe Biden released his statement on Saturday:

“It was nearly two weeks ago that Jill and I paid our respects to Capitol Police officer Brian Sicknick, who laid in honor in the Rotunda after losing his life protecting the Capitol from a riotous, violent mob on January 6, 2021.

Today, 57 Senators – including a record 7 Republicans – voted to find former President Trump guilty for inciting that deadly insurrection on our very democracy. The Senate vote followed the bipartisan vote to impeach him by the House of Representatives. While the final vote did not lead to a conviction, the substance of the charge is not in dispute. Even those opposed to the conviction, like Senate Minority Leader McConnell, believe Donald Trump was guilty of a “disgraceful dereliction of duty” and “practically and morally responsible for provoking” the violence unleashed on the Capitol.

Tonight, I am thinking about those who bravely stood guard that January day. I’m thinking about all those who lost their lives, all those whose lives were threatened, and all those who are still today living with terror they lived through that day. And I’m thinking of those who demonstrated the courage to protect the integrity of our democracy – Democrats and Republicans, election officials and judges, elected representatives and poll workers – before and after the election.

This sad chapter in our history has reminded us that democracy is fragile. That it must always be defended. That we must be ever vigilant. That violence and extremism has no place in America. And that each of us has a duty and responsibility as Americans, and especially as leaders, to defend the truth and to defeat the lies.

That is how we end this uncivil war and heal the very soul of our nation. That is the task ahead. And it’s a task we must undertake together. As the United States of America.”

Who is Donald Trump’s most gutless toady?

The result of the latest Trump impeachment trial was a fait accompli when Mike Pence was pulled from his mother’s womb, saw his shadow, and scurried back home like a frightened baby wallaby for six more weeks of gestation.

The evidence now makes it abundantly clear that Donald Trump incited a riot, delighted in the mayhem, knew Mike Pence was in mortal danger, and not only did nothing to protect his unflinchingly loyal VP after hearing about his potential, you know, murder but actually sought to further incite the rioters by tweeting hateful lies directly at him. 

And what was Pence’s response to all this?

Crickets.

And not cool, genetically engineered murder crickets or anything—just plain old regular crickets.

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.

The Washington Post:

[A]fter four years of obedience as vice president, Pence has no plans to condemn Trump or to speak out during the Senate impeachment trial, people close to the former vice president said. He is still operating from a playbook of obsequiousness that became second nature — he never aired his grievances publicly and delivered his often rose-colored counsel to Trump only in private, one-on-one settings.

I wonder if there’s a literal “playbook of obsequiousness,” and if so, does Mother let him read it after bedtime?

Oh, but Pence’s continued public deference to Trump doesn’t mean his feelings weren’t hurt by Trump’s decision to let him be hanged in public so Trump wouldn’t have to give up his extra White House ice cream scoop and unlimited free airplane rides. They were. You’d just never know it from talking to him.

But the rift that emerged between Trump and Pence — after Trump encouraged a frenzied mob that later chanted “Hang Mike Pence!” as it stormed through the Capitol, in search of the then vice president — is unlikely ever to fully heal, people close to Pence said.

One ally described the former vice president as frustrated with what Trump did and said it would forever change his relationship with Trump. This person added, however, that Pence does not share the animus or fury that some of his former aides have for the president.

Do Republicans feel some weird frisson of excitement when Trump brutally attacks or betrays them? Is this something we mere mortals simply can’t understand? Because if any of my bosses had ever treated me this disrespectfully, I’d have immediately FedEx’d them my company-issued gimp costume (without dry-cleaning it first!) and never spoken to them again.

But Republicans keep coming back for more.

Why?

And it’s not just Milquetoast Mike Pence. 

Trump gave out Lindsey Graham’s private cell phone number at a rally, and Graham eventually became his champion.

Trump implied Ted Cruz’s wife was ugly and that his dad had a hand in JFK’s assassination, and Ted became his gracious and loyal servant.

Kevin McCarthy was harassed and nearly killed by Trump’s mob, and Trump refused to lift a finger to protect him. Nevertheless, McCarthy still flew down to Florida three weeks later to kiss his ring.

And despite knowing beyond a shadow of a doubt that Trump is the human equivalent of dumpster sushi, Mitch McConnell gladly wolfed down every rancid, mealy bite for years.

It’s inconceivable, but it is what it is. If these guys got into a gruesome clown car accident and you had to Frankenstein them together to confect one historically awful legislator, you’d be hard-pressed to locate a spine or recover a single languorous ball.

So who do you think is the worst? Answer the poll question and find out!

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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)

A whole bunch of reactions to the Senate impeachment vote

Anger. Rage. Disgust. That is the vibe after 43 cowards and zealots within the Party of Trump opted not to convict their Dear Leader for inciting an insurrection on Jan. 6 in his historical second impeachment. Seven Republicans—a record-breaking 14% of the caucus—did vote “Guilty,” but it wasn’t enough to protect the nation from four more years of Trump rallies full of emboldened devotees. 

Minutes after the verdict was read, Senate Minority Leader Mitch McConnell, who vowed to acquit ahead of the last day of the trial, had the rotten gall to state that Trump was absolutely guilty, but couldn’t be convicted due an extremely questionable “process” technicality of the Kentucky Republican’s own creation. 

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.

How predictable this outcome may have been doesn’t temper the horror that Americans and our allies feel today. We can rage together.

The 43 (complete list here) will not be remembered fondly.   

To quote a friend, “Today tells me that there are 43 Republicans and 57 Americans in the US Senate.”

— Laura Anne Gilman (@LAGilman) February 13, 2021

Officer Goodman risked his life. The 43 wouldn't risk criticism from Fox News.

— Kurt "Masks Save Lives" Eichenwald (@kurteichenwald) February 13, 2021

The precedent set is of concern.

43 Senate Republicans have endorsed the idea that a president can do anything in his last month in office, without facing any consequences. It is hard to overstate what a dangerous precedent this is.

— Robert Reich (@RBReich) February 13, 2021

Today, the Senate minority was large enough to establish a precedent that presidents may send hordes of raving followers to attack the Capitol building and commit murder in an effort to overthrow the outcome of a valid national election.

— Walter Shaub (@waltshaub) February 13, 2021

Acquittal is not only approval of Trump’s effort to overturn the election and install himself in power, it is an invitation for him or someone else to do try it again.

— Adam Serwer 🍝 (@AdamSerwer) February 13, 2021

The cowardice of the GOP is palpable.

If Trump had incited two white nationalist insurrections, would that have been enough for Republicans to find their spine? What about four? Seven? What’s the number here?

— Public Citizen (@Public_Citizen) February 13, 2021

43 cowards put one man and their own political ambition ahead of the Constitution, the rule of law, and our democracy. Apparently, for them, there is no depravity too low.

— Rep. Gerry Connolly (@GerryConnolly) February 13, 2021

It’s remarkable that so few Republicans put their country first.

It is truly sad and dangerous that only 7 Republicans voted to convict a president who is promoting a Big Lie, conspiracy theories and violence, and is aggressively trying to destroy American democracy.

— Bernie Sanders (@BernieSanders) February 13, 2021

But some did step up and do what was right. Remember, Sen. Mitt Romney was the first, in the first Trump impeachment, to vote to impeach a president of his own party. So the seven also matter.

Thank you,@MittRomney@SenatorBurr@lisamurkowski@SenatorCollins@SenBillCassidy@BenSasse@SenToomey History will remember u as courageous patriots who put country first. The other 43 Republicans, were a rigged jury, an embarrassment to the country. History will not forget. pic.twitter.com/mMOfisui3G

— Ana Navarro-Cárdenas (@ananavarro) February 13, 2021

This trial proved Trump’s high crimes against the Constitution. 43 senators put Trump first and failed the test of history. But history was also made with the largest bipartisan majority ever voting to convict a president. The rest of the story is ours to write.

— Senator Chris Van Hollen (@ChrisVanHollen) February 13, 2021

Donald Trump incited a mob of domestic terrorists to attack our Capitol and overturn the election. Even 7 Senate Republicans couldn’t stomach his act of insurrection. Our democracy must be stronger than the former president and the 43 senators who sided with him today.

— Elizabeth Warren (@SenWarren) February 13, 2021

Unfortunately, they’re the minority within their own party.

Well that was a waste of time. Let’s get back to work.

— Senate Republicans (@SenateGOP) February 13, 2021

House Managers did an amazing job proving Trump’s guilt. Republicans did an amazing job proving that they don’t care.

— Irishrygirl (@irishrygirl) February 13, 2021

Republicans have a great gig in that they can just refuse to take governing seriously and gum up the works and everyone blames Democrats for it.

— Joshua Holland (@JoshuaHol) February 13, 2021

How can the Democrats ever work with these obstructionist cowards who answer to one man?

5 years ago—Republican Senators warned what would become of their party if Trump became their nominee. 5 years later—Trump tried to overturn the results of an election and provoked an assault on our government. And well over half of Senate Republicans decided to condone it.

— Chuck Schumer (@SenSchumer) February 13, 2021

Republicans: If you call witnesses we'll obstruct congress, you'll never get anything done. Democrats: Fine. No witnesses. You win. R: D: R: Just kidding. We're going to obstruct congress anyway and you'll never get anything done! Ha hah! Owned! D: Rats!

— Stonekettle (@Stonekettle) February 13, 2021

The demands to kill the filibuster might never be louder than they are now.

The danger of having Republicans in government is obvious.

— Secret Agent Number Six (@DesignationSix) February 13, 2021

Even an armed insurrection isn’t enough to persuade 10 Republicans to seek bipartisanship so nuke the filibuster and let’s get to work.

— Brian Tyler Cohen (@briantylercohen) February 13, 2021

If 7 Republicans is the most that will vote to convict a man who incited a mob that threatened their very lives — where the hell do people think 10 GOP votes are going to come from for anything in Biden’s agenda? We must abolish the filibuster. There is no other path forward.

— Kai Newkirk (@kai_newkirk) February 13, 2021

To: President Joseph Biden From: Every American who saw what the GOP did today Forget unity. Forget bipartisanship. Forget compromise. This is Trump's mob. Eliminate the filibuster and get everything America needs done now.

— Robert Reich (@RBReich) February 13, 2021

Beyond the filibuster, folks are looking forward.

Republicans have ZERO conscience. Remember in 2022. Pass it on.

— Chip Franklin InsideTheBeltway.com (@chipfranklin) February 13, 2021

The big winner from the impeachment is Biden. In 3 days he has divided the Republicans, destroyed Mitch McConnell & accrued huge moral authority The failure to convict will be an albatross around the Republicans’ neck. Not least because Trump isn’t gone

— Andrew Adonis (@Andrew_Adonis) February 13, 2021

Ppl saying this are overlooking how Republicans are already at work to prevent next election. Y’all think you’re going to defeat them electorally because Americans are outraged but they’re not trying to win electorally. It’s going to be a raw power grab w/ more political violence https://t.co/THxRNPIejT

— Unite in justice for the poor & oppressed (@BreeNewsome) February 13, 2021

Okay, the Senate trial is over. Republicans are traitors. Time for law and order to take over. DOJ, SDNY, DC and NDVA...whatcha got??? Bring it NOW!

— Kimberley Johnson (@AuthorKimberley) February 13, 2021

Then there was the limerick.

Republicans, making their pick, Concluded acquitting him quick. They have no dispute; They kneel at his boot; They want to continue to lick.

— Limericking (@Limericking) February 13, 2021

Feel free to share reactions that resonate with you in the comments, or even your own tweets.

Anger. Rage. Disgust. That is the vibe.  Republicans won’t hold members of their own party accountable, so we have to. Chip in $1 right now to each of these six Senate Democratic nominee funds to flip Republican Senate seats from red to blue in 2022.

Republicans really are headed for that iceberg, and they have no idea

For the past several weeks, I've been simultaneously consumed with two things: How well the Biden administration seems to have learned the lessons of the Obama administration, and the disintegration of the Republican Party playing out in real time.

And while I've been reveling in the first, the second phenomenon has been simply mesmerizing. In fact, it reminds me of watching the GOP meltdown in advance of the Georgia runoffs and thinking, could this really be happening? Yes, in fact: It was real in Georgia, and now I find myself similarly contemplating the idea that the Republican Party might actually be imploding too.

The supposition has both tangible and theoretical underpinnings, and the tangibles have been presenting for several weeks. The GOP's tarnished image among Americans, an accelerated rate of GOP defections in party affiliation, and a growing discomfort among corporate donors all seem to make recent talks by former GOP officials of forming an alternative conservative party an actual possibility, rather than just the escape fantasy it was in 2016.

In some very concrete ways, this political moment may actually provide fertile ground for the makings of a third party: Exiled leaders who know both the electoral and governance sides of politics, a host of wealthy donors who are ready to pony up for a new venture, and a fresh crop of disillusioned voters who are newly looking for a home.  

But a healthy part of my fascination with the prospect of a budding competitor to the GOP stems from how totally oblivious Republican Party leaders are to the potential threat. In fact, the formation of a third party wouldn't even be conceivable but for the fact that Republican lawmakers have so quickly fumbled the potential for a post-Trump reboot. A narrow window had opened—between the Jan. 6 riot and Joe Biden's inauguration—in which it seemed the GOP might finally break with Donald Trump just enough to remain palatable to a swath of disaffected conservative voters. But without getting into all those particulars (or the numerous preceding missed opportunities by the GOP), what is clear as day now is that Senate Republicans seem poised to acquit Trump yet again of impeachment charges after House Democrats explicitly warned them last year that, short of conviction, Trump would surely betray the country again. 

"We must say enough—enough!" implored lead impeachment manager Rep. Adam Schiff of California on Feb. 3, 2020. "He has betrayed our national security, and he will do so again. He has compromised our elections, and he will do so again."

Naturally, Senate Republicans immediately hit snooze on that prescient warning so they could get back to business as usual. This time around, the same caucus is planning to acquit Trump on charges that are eminently more comprehensible and that some 33 million Americans witnessed with their very own eyes on Jan. 6. The video evidence presented by House managers was both riveting and searing, and Trump’s defense team withered in the harsh light of the indefensible. 

All of those factors make the posture of Republicans, whatever they might tell themselves, just so blatantly bogus. In fact, even they are admitting House managers presented such a compelling case that Trump would never be electable again. But somehow those same GOP lawmakers stopped short of making the logical leap that acquitting Trump of such a manifest betrayal might also turn them into political pariahs among a meaningful portion of the electorate (which notably in today’s terms could comprise a very small slice of voters). On the one hand, Trump's transgressions were so egregious that he has been rendered unelectable; on the other, they deemed themselves magically immune to any consequences from kowtowing to Trump at the expense of the country.    

So there's a stab at the tangibles that suggest rough sledding ahead for the GOP—an evident fall from grace across sectors accompanied by an impenetrable cognitive dissonance. It seems promising, particularly because Republican lawmakers have proven either too thick or too flat-footed to adjust to the combustible environment in which they exist. Then again, we've been here before, right? Remember all those Obama-era predictions that the GOP was getting ready to fall off a demographic cliff? Any number of D.C. pundits prematurely declared the party dead unless it retooled top-to-bottom. But within a handful of years, Republicans regained control of both congressional chambers. Then along came Trump in 2016, doubling down on the party's most despicable brand of white identity to win the GOP nomination, the election, and make a decent but ultimately unsuccessful stab at securing reelection.

The doomsday arguments pundits were making a decade ago leaned heavily on the numbers game—demographics as destiny—and whether the GOP could find enough voters to get to 50+1 in any given election. But another way of dissecting the fortunes of the Republican Party is through the lens of our political system’s organizing structure in which white identity is rapidly losing dominance as an organizing principle. Daily Kos founder Markos Moulitsas and I discussed this with political historian Kathleen Frydl on The Brief this week (podcast/YouTube). Frydl recently wrote for The American Prospect, "As the white share of the electorate falls, so too does the reach and relevance of a party dedicated to structural racism." Frydl argues that the U.S. is entering uncharted territory in the sense that, since the nation's founding, at least one of its organized political factions has always been "dedicated to preserving institutionalized racism," whether that meant flat-out slavery or its many descendants over the centuries. "Most important is the fact that the standard historical pattern—that some entity exists ready to accommodate the politics of white privilege without risking majority status itself—no longer applies," she writes.

This proposition—that one party in our two-party system can no longer count on an appeal to white identity alone without risking political irrelevance—has been turning over in my mind. It’s both theoretically compelling and materially intriguing at a moment when the Republican Party has continually proven incapable of reaching out to new demographics even as it undergoes an unusual exodus of voters in critical states across the country. The truth is, many of those voters likely don't want to become Democrats, but they have simply been forced to the exits by the stench and toxicity of Republicanism. In all likelihood, those voters would jump at the chance to vote for a conservative third-party candidate. 

So while I have remained skeptical over the last decade that the nation's demographic shifts would yield anything but a realignment along the left-right continuum in American politics, I now wonder if we are seeing the political precursors that portend a third party on the horizon. How long that third party might exist and whether it could potentially reshape American politics as we know it altogether are different questions entirely. Historically, Frydl notes, third parties such as the “Dixiecrats” of the late ‘40s or Teddy Roosevelt’s Bull Moose Party of 1912 kicked off a roughly 20-year transition period before one of the nation’s two dominant parties subsumes that movement and consolidates power. But predicting the longevity of a third-party movement is beyond my present-day concerns and certainly the scope of this piece. In the very near-term—as in 2022 and 2024—the initiation of such a movement would be a complete calamity for the GOP. 

In Fox appearance, Trump lawyer argued only his followers were ‘dedicated’ enough to turn violent

Donald Trump's impeachment lawyers on Friday centered their defense around several embarrassingly incoherent video montages of Democrats repeatedly using the word "fight" in speeches over the years. One 11-minute montage alone featured some 238 utterances of the word, none of which included a lick of context. Frankly, it should have been an embarrassing defense presentation. But once wasn't enough for the shoddy lawyering of Trump's defense team—they played three separate montages of the recycled clips aimed at absolving Trump of culpability for inciting the murderous mob at the Capitol on Jan. 6.

The flimsy idea was that Democrats repeatedly employing the word got Trump off the hook for telling his rally goers to “fight like hell” and then directing them to Capitol, where they proceeded to beat, bludgeon, and kill people. The one small hiccup in the logic was that none of the Democrats' followers ever ended up marching to the Capitol to attack the U.S. seat of government and murder people in the process. And in fact, Trump lawyer David Schoen helpfully made that exact point in a Fox News appearance just days before deploying that defense video, according to The Washington Post.

On Tuesday, Schoen and Fox host Sean Hannity were discussing that Democrats had been using the word “fight” for years when Schoen voluntarily drew a distinction in outcomes. 

“They’re using rhetoric that’s just as inflammatory, or more so,” he said of the Democrats. “The problem is, they don’t really have followers, you know, their dedicated followers and so — you know, when they give their speeches.”

Right, the Democrats' "problem" (i.e., their inability to actuate violence) was that they don't have "dedicated followers" (i.e., people who will haul off and commit murder on instruction).

Exactly. Schoen's characterization of Democrats' nonviolent followers as a "problem" is pretty stunning on its own. But even better, he completely undercut the insinuation of the video that Democrats use the word "fight" too, just like Trump did. 

Nope, not just like Trump did. Democrats didn't spend months predicting they would lose the election because it was "rigged" and assuring their followers that they both would be and had been disenfranchised. Democrats didn't spend years stoking the grievances of their followers, encouraging their violence, praising them for beating people up, and promising to pay for their defense if their violent acts landed them on the wrong side of the law. Democrats didn't encourage their followers to believe that their personal satisfaction and gratification superseded someone else's right to personal and physical safety. 

Nope. Trump and his GOP conspirators did that—which is why Trump’s supporters went off to murder people in plain sight on Jan. 6. And they succeeded, just not on the scale they had hoped.