Category Archives: Law

Trump Trial #2 – sine die

US Senate

And so it is over. The second trial of Donald J. Trump, the only president to have been impeached twice, has adjourned. And Trump is now also the only president to have been found not guilty twice by the U.S. Senate. In the final tally, 57 senators, including 7 Republicans, found Trump guilty of high crimes and misdemeanors for inciting the mob that went on to breach and vandalize the Capitol, and to injure and kill law enforcement personnel. Forty-three senators found Trump not guilty. A supermajority of 67 being constitutionally required for conviction, the result was not guilty.

But only a handful of Trump’s most loyal supporters rushed to the cameras to proclaim that their leader had been exonerated by what goes down as the most bipartisan impeachment in history. The senators, and the world, saw the video of senators and members of the House fleeing for their lives during the attack on January 6th. They saw the Vice-President, Mike Pence, and his family being ushered away from the senate chamber by the Secret Service. They viewed Trump’s tweet of rage following Pence’s refusal to attempt an unconstitutional coup by rejecting of the voter’s will saying, “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.” They heard testimony that Trump had sent that tweet moments after receiving word that the Vice-President’s life was at risk.

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The Second Trial of Donald Trump

Been there. Done that.

It seems like just yesterday the Senate tried Donald J. Trump for High Crimes and Misdemeanors. It was in January, 2020. He was acquitted.

This time it is different. The House of Representatives sent over only a single charge, accusing Trump of inciting insurrection in a speech to supporters before the deadly attack on the Capitol. They voted for impeachment without hearings or witnesses, using only the former president’s own words against him. And unlike the first time, where the impeachment was passed on a party-line vote, this time ten Republican members of the House stood with their Democratic collogues.

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trump’s attempted coup – THAT WAS the week that was

The Week is Over

The cliché says that journalism is the first draft of history. We shall have to wait the verdict of historians several years down the road to craft a title for the tumultuous events of the last week and put them into perspective. For now it shall suffice to note that the FBI is calling on citizens to help identify members of the violent mob of Donald Trump supporters who attacked the United States Capitol on Wednesday in an attempt to stop Congress from tallying the Electoral College votes declaring Joseph Biden and Kamala Harris the next president and vice-president.

It was the first time since the Constitution was ratified on June 21, 1788, that a President of the United States attempted to overturn the results of an election and remain in office after the election of his successor had been certified by the states and the District of Columbia.

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trump’s attempted coup – Day 5

January 7 – Insurrection

A violent mob of Donald Trump supporters, urged to action by Trump himself, Wednesday attacked the United States Capitol in an attempt to stop Congress from tallying the certified Electoral College votes declaring Joseph Biden and Kamala Harris the next president and vice-president of the United States.

In that, they failed.

But for hours they laid siege to the seat of the American government, marauding through the halls, vandalizing offices, occupying the chambers of the Senate and the House of Representatives, and preventing the members from attending to the business of the day. Before the insurrection was quelled, shots had been fired inside the Capitol and on the grounds, tear gas and flash bangs had been utilized, and four people had died.

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trump’s attempted coup – Day 4

US Senate
(January 6 – Georgia and the Senate)

Pinch me.

Awww…. Not so hard.

We will not know for sure until the official certification. But as of this writing, it looks as if the people of Georgia have come through and elected two Democrats to the United States Senate. That would make the Senate evenly divided, 50 Democrats and 50 Republicans. And in case of a tie vote, the tie is broken by the President of the Senate. “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided” (U.S. Constitution, Article I, section 3). And the President of the Senate is, drum-roll please, the Vice-President of the United States. And the Vice-President of the United States is, rim-shot here, Democrat Kamala Harris!

What does this mean? First and foremost, it means Kentucky Republican Mitch McConnell will get a new title. Minority Leader. And as minority leader, he will be able to control, insert cymbal crash here, absolutely nothing. With the election results still unofficial I am afraid of jinxing something. But I would love to be able to get into McConnell’s face and congratulate him on his new found impotence.

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trump’s attempted coup – Day 3

(January 5 – U.S.D.C. Court)

They are battening down the hatches at the White House. But before we get to that, we have another extraordinary court decision to contemplate.

Yesterday the United States District Court for the District of Columbia denied still another request for an injunction seeking to stop Congress from counting the Electoral College ballots declaring Joe Biden the 46th President when it meets tomorrow. The opinion handed down by Judge James E. Boasberg pulls no punches in describing the scope of the plaintiffs’ complaint:

Plaintiffs’ aims in this election challenge are bold indeed: they ask this Court to declare unconstitutional several decades-old federal statutes governing the appointment of electors and the counting of electoral votes for President of the United States; to invalidate multiple state statutes regulating the certification of Presidential votes; to ignore certain Supreme Court decisions; and, the coup de grace, to enjoin the U.S. Congress from counting the electoral votes on January 6, 2021, and declaring Joseph R. Biden the next President.

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trump’s attempted coup – Day 2

(January 4 – The Georgia Telephone Call)

No sooner had I posted the first installment of this series of columns when events overran its contents. Yesterday the Washington Post released the audio recording of a sixty-plus minute telephone conversation Donald Trump had the day before with the Secretary of State of Georgia, Brad Raffensperger. Raffensperger, a Republican, and Trump have been at odds for weeks. Trump insisting that he won the vote in Georgia but was the victim of massive vote fraud and Raffensperger, noting that he supported and voted for Trump, certifying that Biden was the victor by a margin of 11,779 votes.

Please, listen to the audio and read the transcript and make up your own mind.

When I heard it, my thoughts immediately turned to the first time I heard Richard Nixon’s voice on a recording discussing the Watergate break-in. He was considering having the CIA block the FBI from investigating the connection between the burglars of the headquarters of the Democratic National Committee and the Nixon reelection committee.

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