February 9, 2021

The Trial Starts Today

It begins today with this:

In a grievous betrayal of his Oath of Office, President Trump incited a violent mob to attack the United States Capitol during the Joint Session, thus impeding Congress’s confirmation of Joseph R. Biden, Jr. as the winner of the presidential election.As it stormed the Capitol, the mob yelled out“President Trump Sent Us,” “Hang Mike Pence,” and “Traitor Traitor Traitor.”The insurrectionists assaulted police officers with weapon sand chemical agents. They seized control of the Senate chamber floor, the Office of the Speaker of the House, and major sections of the Capitol complex. Members and their staffs were trapped and terrorized. Many officials (including the Vice President himself) barely escaped the rioters. The line of succession to the Presidency was endangered. Our seat of government was violated, vandalized,and desecrated. Congress’s counting of electoral votes was delayed until nightfall and not completed until 4 AM.Hundreds of people were injured in the assault. Five people—including a Capitol Police officer—died.

And before anyone says it, yes this trial is constitutional. From Uber conservative lawyer Chuck Cooper (as reported in The Hill):

An attorney for former national security adviser John Bolton is arguing that the Senate impeachment trial of former President Trump is solidly grounded in the Constitution and should proceed. 

"The strongest argument against the Senate’s authority to try a former officer relies on Article I, Section 4 of the Constitution," attorney Chuck Cooper wrote in The Wall Street Journal. 

The section of the Constitution Cooper cited dictates the president, vice president and all civil officers of the United States "shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

"The trial’s opponents argue that because this provision requires removal, and because only incumbent officers can be removed, it follows that only incumbent officers can be impeached and tried," Cooper noted. "But the provision cuts against their interpretation. It simply establishes what is known in criminal law as a 'mandatory minimum' punishment: If an incumbent officeholder is convicted by a two-thirds vote of the Senate, he is removed from office as a matter of law."

However:

"Given that the Constitution permits the Senate to impose the penalty of permanent disqualification only on former officeholders, it defies logic to suggest that the Senate is prohibited from trying and convicting former officeholders," Cooper wrote in the Journal. 
Lock him up.