What would an informed, reasonable person say to that question? On what basis would that person say Trump should be impeached? Is prosecuting him, now that he’s out of office “revenge” or “unconstitutional?” Or – is it holding him accountable for conduct while in office?
A dictionary definition of sedition: “incitement of public disorder or rebellion against a government; any action, especially in speech or writing promoting such disorder or rebellion.”
The Pentagon called the events of January 6, 2021, in Washington, D.C. an “insurrection.”
A dictionary definition of insurrection: “the act or an instance of rising in open rebellion against an established government or authority.
The U.S. Code, Title 18, Chapter 115 defines sedition in part as an attempt by two or more persons to: “prevent, hinder, or delay the execution of any law of the United States.”
The U.S. Constitution, Amendment XIV, Section 3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President or hold any office, civil or military under the United States, or under any State, who having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Wyoming Republican U.S. Representative Liz Cheney: “There never has been a greater betrayal by a President of the United States of his office and his oath to the Constitution.”
U.S. Senate Republican leader Mitch McConnell directly blamed Mr. Trump for the January 6, 2021, U.S. Capitol riot, saying: “The mob was fed lies. They were provoked by the president and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like.”
A January l8, 2021 Associated Press article [Lardner & Smith] states: “members of President Trump’s failed presidential campaign played key roles in orchestrating the Washington rally that spawned a deadly assault on the U. s. Capitol.
“A pro-Trump nonprofit group called Women For America First hosted the “Save America Rally” on Jan. 6 at the Ellipse….more than half a dozen people in staff positions for the event who just weeks earlier had been paid thousands of dollars by Trump’s 2020 reelection campaign. Other staff scheduled to be “on site” during the demonstration have close ties to the White House.
Since the siege, several of them have scrambled to distance themselves from the rally.”
A January 23, 2021 Bloomberg News article [Allison] states: “Former President Donald Trump’s campaign paid more than $2.7 million to individuals and firms that organized the January 6 rally that led to violent rioters storming the U.S. Capitol…..
“The payments, which span Trump’s reelection campaign, show an ongoing financial relationship between the rally’s organizers and Trump’s political organization. They were all made through Nov. 23…..
“Eight paid Trump campaign officials were named on the permit issued….”
So – a reasonable person might fairly conclude that much legal and other data exists to conclude that the ex-president, and people around him, have provided for the case against themselves by their own actions.
Also of interest, Trump actions reported by the New York Times, January 23, 2021, in an article [Benner]: “Trump Plotted to Oust Acting AG to Throw Election.” It stated: “The Justice Department’s top leaders listened in stunned silence this month: One of their peers, they were told, had devised a plan with President Donald Trump to oust Jeffrey Rosen..and wield the department’s power to force Georgia state lawmakers to overturn its presidential election results.”
All of this – and we haven’t yet discussed Trump’s inciting words of January 6, 2021 to his crowd: “..take back our country. So let’s walk down Pennsylvania Avenue.”
Before the president’s words, Trump family members had spoken, son Eric: “..show some fight…..march on the Capitol today.” Donald Trump, Jr.: all “red-blooded, patriotic Americans..fight for Trump.”
We also know, from reports of people close to the president, or actually in the White House, Trump watched the rioting unfold on TV – and did nothing. A Washington Post article of January l3, 2021 “Trump Slow to Act as Riot Raged [Parker-Dawsey-Rucker] states” “The president himself was busy enjoying the spectacle. Trump watched with interest, buoyed to see his supporters fighting so hard on his behalf, one close advisor said.” The article states: “Several Republican members of Congress also called White House aides, begging them to get Trump’s attention and have him call for the violence to end…were now scared for their lives…”
The question has been frequently asked – if all this direct Trump action concerning the events isn’t an impeachable offense, then what is?
In a February 5, 2021 letter, 144 “leading First Amendment lawyers and constitutional scholars from across the political spectrum” declared the proposed Trump defense of exercising “free speech” was “legally frivolous.”
A subsequent New York Times article [Fandos-Schmidt-Haberman] reported the experts laid out three counterarguments to a “First Amendment” defense. The 144 experts said also “even if the First Amendment did apply to an impeachment trial, it would do nothing to bar conviction, which has to do with whether Trump violated his oath,” not his words.
The 144 experts stated: “No reasonable scholar or jurist could conclude that President Trump had a First Amendment right to incite a violent attack on the seat of the legislative branch, or then sit back and watch on television as Congress was terrorized and the Capitol sacked.”
In these misinformed, polarized times, we all have opinions – but we can’t all have our own facts. Fortunately, much of this was recorded, live, on numerous TV stations. What happened January 6, 2021 is clear, and beyond efforts to “reframe” or provide ‘alternative facts.” Can’t be done.
One big question: do we have a democratic republic or not? Do we honor the “rule of law” or not? Are people accountable for their actions or not? Does a defeated U.S. president have a “free pass” to do whatever he wants between election day and January 20th?
Donald Trump has broken many norms and rules, many expectations about how an American president should act. His actions HAVE given “aid and comfort” to our enemies, none more than January 6, 2021. Our enemies have used January 6, 2021 to savage America’s international reputation. We will have a difficult time trying to convince other nations and peoples that we are the best example of democracy.
Whether his devout, often misinformed, followers want to accept it or not – Donald Trump has left America a weaker nation, in many ways.
During the Founding period, Benjamin Franklin, commenting on impeachment, said it was either that or assassination. Donald Trump IS THE president the Founders feared. They knew all future presidents wouldn’t be George Washington, but they hoped it was possible.
Political reality may deny a conviction, but there is hope for a “censure” which could make another Trump presidency impossible. Both outcomes would contribute to that end result. The events of January 6, 2021 can NEVER be taken away. We are stuck with them. The very least we should do is make sure the #1 perpetrator can’t harm America again.
With Justice For All 