 Donald Trump is the only president in the history of the United States to have been impeached twice. The House of Representatives, with bipartisan support, impeached President Trump on January 13, 2021 for incitement of insurrection. The impeachment was precipitated by the January 6, 2021 Capitol riot by supporters of Donald Trump. This stain on Donald Trump’s presidential record is now part of U.S. history. Democratic House leadership decided to press the case against Donald Trump even further by forwarding the article of impeachment to the Senate for trial. The move to try Donald Trump in the Senate is not required by the Constitution. The impeachment stands whether or not the case moves to the Senate. Will the Senate impeachment trial of Donald Trump be a good thing for the country or will it backfire on the Democrats? Let’s take a look.  President Trump is Impeached for a Second Time: On January 13, 2021 the House of Representatives voted to impeach President Donald Trump on the single article of “Incitement of Insurrection”. The vote was 232 to 197, with 10 Republicans joining all House Democrats in voting for impeachment. The text of the impeachment document (https://www.congress.gov/bill/117th-congress/house-resolution/24/text) contains the following reasons for impeachment: “…. the House of Representatives, and the Senate met at the United States Capitol for a Joint Session of Congress to count the votes of the Electoral College. In the months preceding the Joint Session, President Trump repeatedly issued false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by State or Federal officials. Shortly before the Joint Session commenced, President Trump addressed a crowd at the Ellipse in Washington, DC. There, he reiterated the false claims 'we won this election, and we won it by a landslide'. He also willfully made statements that, in context, encouraged-and foreseeably resulted in-lawless action at the Capitol, such as: 'if you don’t fight like hell you’re not going to have a country anymore'. Thus incited by President Trump, members of the crowd he had addressed, in an attempt to, among other objectives, interfere with the Joint Session’s solemn constitutional duty to certify the results of the 2020 Presidential election, unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced Members of Congress, the Vice President, and Congressional personnel, and engaged in other violent, deadly, destructive, and seditious acts”. The impeachment document further states that “President Trump’s conduct on January 6, 2021, followed his prior efforts to subvert and obstruct the certification of the results of the 2020 Presidential election. Those prior efforts included a phone call on January 2, 2021, during which President Trump urged the secretary of state of Georgia, Brad Raffensperger, to 'find' enough votes to overturn the Georgia Presidential election results and threatened Secretary Raffensperger if he failed to do so.”  Most of us have viewed the television coverage and read the news reports, and pretty much concur with the reasoning behind the impeachment of Donald Trump. There is evidence that several militia groups had been planning to storm the Capitol even before Donald Trump’s speech of January 6, 2021. But no one can dispute that Donald Trump’s rhetoric about the “stolen election” was the impetus behind the Capitol riot. Even his political allies believe that he committed impeachable offenses. According to the New York Times, Senate Republican leader Mitch McConnell believes that President Trump committed impeachable offenses. House Republican leader Kevin McCarthy stated to House colleagues that President Trump was at least partially responsible for the Capitol riot.  On to the Senate Trial: On January 25, 2021 House managers delivered the article of impeachment to the Senate, officially starting the trial process. Senate leadership agreed to delay the trial for a few weeks in order to give the former president time to prepare for the trial and to give the Senate time to continue the process of confirming President Biden’s cabinet nominees. On January 26, 2021 all Senators were sworn in as jurors for the upcoming trial. Senator Patrick Leahy of Vermont will be the presiding officer. The impeachment trial will begin on February 9, 2021 with oral arguments. It will take 2/3 of the Senators (67) to vote to convict Donald Trump. Assuming all 50 Democratic Senators vote to convict, it will take 17 Republican Senators to vote for conviction.  Objections to the Senate Trial: New Senate leader Chuck Schumer (D-New York) claimed that “…healing and unity will only come if there is truth and accountability. And that is what this trial will provide”. But not all republicans are buying this argument. Many are saying that it will further divide the country, and the point is moot now that Donald Trump is no longer in office. Others, like Kentucky Senator Rand Paul, consider it unconstitutional to impeach a president who is already out of office. Even before the Senators were sworn in as jurors, Senator Paul put forth a motion to declare the impeachment trial unconstitutional. In the resulting vote, 45 Republicans, including Mitch McConnell, agreed with Senator Paul. But Senator Paul’s attempt to rule the impeachment trial unconstitutional failed, and it will proceed as scheduled. My Views on the Senate Impeachment Trial:
 Politics as Usual: In recent days the Republican leadership in the House and Senate have concluded that, for better or worse, they need Donald Trump. In order to regain the House and Senate in the mid-term elections they will need those Republicans who are still loyal to Donald Trump, and there are millions. Senator Lindsey Graham stated bluntly this week, “We cannot take the Senate back without his help (Donald Trump’s). That’s just a fact”. It’s a sorry day in our democracy when the quest for power trump’s (no pun intended) justice, integrity, and democratic values. The Republican party would do the country a huge favor by convicting Donald Trump and then preventing him from ever running for high office again. But instead they have chosen to make a deal with the devil and they will have to live with the consequences. Sadly the country will have a difficult time unifying with Donald Trump’s polarizing presence.
There is no doubt in my mind that Donald Trump threatened the integrity of our democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of government. In short, he committed impeachable offenses and the House of Representatives was correct in impeaching him. This second impeachment will forever be a stain on his legacy. However, I fear that delivering the article of impeachment to the Senate to initiate an impeachment trial will prove to be a mistake. If you enjoy reading this type of commentary please subscribe to my blog and tell a friend. You will receive an email notification when new blogs are posted. The email will come from the site’s email: armchairamerican1776 @gmail.com.
Thanks, Armchair American
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 The President of the United States has nearly unlimited power to pardon or commute the sentences of those accused or convicted of federal crimes. This power is embedded in Article 2, Section 2 of the Constitution, which states that the president has the “power to grant reprieves and pardons for offenses against the United States, except in cases of Impeachment”. The framers of the Constitution thought that fear of impeachment, the court of public opinion, or the integrity of the person holding the highest office in the land, would keep any abuses in check. Unfortunately, this has proven not to be the case. The self-serving pardons granted by President Trump in the closing hours of his administration, demand that reforms be explored.  Exercise of the Presidential Pardon: The Constitution provides no standards or guidelines on the use of the presidential pardon, and therefore it can be used for any reason, or no reason. Pardons were deemed necessary to address injustices, at a time when many crimes were punishable by death and haste was of the essence. As Alexander Hamilton argues in Federalist No. 74 (https://guides.loc.gov/federalist-papers/text-71-80), the purpose of the pardon power is to temper justice with mercy, and in order to facilitate reconciliation which is sometimes needed to restore the tranquility of the commonwealth. Examples of this include pardons granted by Abraham Lincoln and Andrew Johnson to Confederate Soldiers, and amnesty granted by Jimmy Carter to Vietnam-era draft evaders.
An 1866 Supreme Court ruling affirmed that the presidential pardon “extends to every offence known to law, and may be exercised at anytime after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgement”. This was how President Ford was able to grant Richard Nixon a full, free, and absolute pardon for all offenses against the United States even before he was charged with any.  It is important to note that presidential pardons only exonerate federal crimes. It can not be used to pardon state or local offenses, and it cannot be used to overturn civil judgments. The president does not have the power to pardon defendants in an impeachment trial or anyone who has been impeached. The pardon may be granted even before legal proceedings have begun, but pardons may not be granted for crimes that have not yet been committed.  Can Presidents Pardon Themselves? The Constitution does not explicitly prohibit it, and no president has tried. But as James Madison wrote, “no man is allowed to be a judge in his own case, because his interest would certainly bias his judgement, and, not improbably, corrupt his integrity”. This is a longstanding common-law principle, and many legal experts agree that a self-pardon would not stand up to judicial scrutiny. Richard Nixon may have sought to pardon himself if not for his Justice Department’s Office of Legal Counsel opinion that a president could not pardon himself. If a president attempted a self-pardon, the matter would most certainly end up in the Supreme Court.  Office of the Pardon Attorney: The Office of the Pardon Attorney, within the Department of Justice (DOJ), was established approximately 125 years ago to assist the president in the exercise of executive clemency. Executive clemency may take several forms. These include full pardon, commutation of sentence, remission of fine or restitution, or reprieve. Requests for executive clemency are directed to the Pardon Attorney for review, investigation, and preparation of the DOJ’s recommendation to the president. The Office of the Pardon Attorney has established procedures and standards for considering pardon petitions ( https://www.justice.gov/pardon).  But the president is not required to follow their recommendations and retains full pardon authority. In fact, President Trump has mostly bypassed the Office of the Pardon Attorney when considering pardon petitions. Instead, petitioners have approached the White House directly through advisor Jared Kushner, Chief of Staff Mark Meadows, White House Council Pat Cipollone, or the president himself.  Pardons as Tools of Justice or Personal Gain? President Trump was not the first, and he certainly won’t be the last president to use the executive clemency system to his own advantage. Under Donald Trump, the executive clemency system has been dominated by inside access, and used to serve his personal goals and whims. Analysis by Harvard law professor Jack Goldsmith found that 86 of Donald Trump’s first 94 pardons were “aberrant”’; meaning that they circumvented the normal review process and benefitted celebrities, or people with political or family ties to the president (https://www.lawfareblog.com/trumps-circumvention-justice-department-clemency-process). In 2020, Donald Trump granted clemency to loyal associates Paul Manafort, George Papadopoulos, Michael Flynn, and Rodger Stone. Donald Trump also pardoned Jared Kushner’s father, a convicted criminal, as well as four Blackwater security guards convicted of murdering civilians in Iraq. These individuals were not wrongly convicted, showed little contrition or remorse for their crimes, and do not serve the public good by being pardoned. The pardon system was not established to foster cronyism and to subvert the rule of law. But this seems to be the case in these instances.  The biggest abuse of the system is the large number of pardons issued in the final hours of a presidency, leaving little time for scrutiny. This is exemplified by Bill Clinton’s pardon of Marc Rich who was indicted for tax evasion and racketeering. Rich and his wife were large donors to Hilary Clinton’s Senate campaign and to the Clinton Library Foundation. The fact that Rich was a fugitive from law living overseas, did not prevent him from getting a “get out of jail free” card.  On his final day in office, President Trump pardoned 74 people and commuted the sentences of 70 others. I’ll let you decide how many of these meet the Constitution’s intent of the pardon clause. Here is a full list of the 144 people receiving clemency: (https://www.nbcnews.com/politics/donald-trump/full-list-trump-s-last-minute-pardons-commuted-sentences-n1254806). Many of these last-minute pardons are rotten to the core, but perfectly legal. So, what can be done about it? Nothing, without some type of reform.  Possible Reforms: If you assume, as Alexander Hamilton did, that all presidents would show “prudence and good sense” in the exercise of the pardon authority, then nothing needs to be done. But as recent history has shown, not all presidents are the principled gentlemen that the framers of the Constitution had envisioned. Here are a few suggestions for reforms that would better align the president’s pardon authority with how it was originally intended:
The president’s pardon authority was not intended to excuse injustice, but to do justice. The Constitution gives the president nearly unfettered authority to issue pardons. There is very little transparency in the process, and many of the most questionable pardons occur in a president’s final hours in office. It is time to reform the pardon system and restore it to the purpose for which it was intended. If you enjoy reading this type of commentary please subscribe to my blog and tell a friend. You will receive an email notification when new blogs are posted. The email will come from the site’s email: armchairamerican1776 @gmail.com. Thanks, Armchair American  A nation’s capital comes under violent assault by an unruly mob, incited by a despotic leader intent on holding onto power despite having lost a free and fair election. Just another news report from Venezuela, Belarus, or Kazakhstan? No! I’m talking about what took place at the U.S. Capitol on Wednesday.
The U.S. Capitol building was attacked by a mob of Donald Trump supporters to disrupt the certification of Joe Biden as the next President of the United States. The assault on the heart of our democracy was an insurrection, a violent uprising against an established government. These events did not erupt spontaneously. They have been brewing since the November 3rd election, fed by the lies and vitriol of a man who would not accept defeat. In an act of sedition, President Donald Trump implored his supporters not to accept the results of the election, and incited them by perpetrating the lie that the election was stolen from him. Just a short time before a joint session of Congress assembled to certify the election of Joe Biden and Kamala Harris, Donald Trump addressed his supporters near the White House at the “Save America” rally. Here are some of the president’s own words: “All of us here today do not want to see our election victory stolen by emboldened radical left Democrats, which is what they’ve done and what they are doing. We will never give up. 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’s what this is all about.” In his hour and thirteen-minute speech to his followers, Trump laid out his grievances and a litany of lies about how the election was stolen from him. He implored Vice President Pence not to certify the election, and told his followers to walk to the Capitol once his speech was over, with these words: “We’re going to 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. We have come to demand that Congress do the right thing and count the electors who have been lawfully slated”. Within two hours, Trump’s supporters had broken into the Capitol building, sending members of both chambers fleeing for safety, and desecrating the seat of America’s democracy. When the mayhem was over, at least two people were dead and dozens were injured. This was not a protest, it was an unprecedented assault on our democracy, and a glimpse at how a constitutionally formed government can fall. The only winners in this unholy drama are the other despotic leaders from around the world who were undoubtedly cheering Trump on. This stain on America democracy certainly sent champagne corks flying in the government chambers of China, Russia, North Korea and Iran. Donald Trump is the most dangerous man in America, and a grave threat to our democracy. The damage he has done to this country, both domestically and internationally, is incalculable. He is an enemy of free and fair elections, the institutions of democracy, and common decency. He should be removed from office swiftly, before he can do any more damage. Vice President Pence should do the right thing, and regain his credibility by invoking the 25th Amendment to have the president removed from office. Short of that, the Congress should move immediately to have the president impeached. There is time for expedited impeachment proceedings both in the House and Senate. Extraordinary times demand extraordinary measures. I advocate for impeachment. The 25th Amendment would not preclude the president from seeking office again, but impeachment can. It would be in the GOP’s self-interest to push for this option. If Donald Trump is not banned from running for president again, he will be a thorn in their side for years to come, and the party will become disastrously divided. Donald Trump announced today that he will not be attending the inauguration of Joe Biden. Just as well, he will probably be in exile in Russia or North Korea by then (only half joking). I wish I could say that this is the end of a sorry chapter in American history, but the drama will continue until Donald Trump is dealt with. Lost in all the drama of the week is the fact that the Democrats won both Senate runoff elections in Georgia. The Democrats will soon be the majority in the Senate. Republicans blame the erratic behavior of Donald Trump for the defeat. But as the proverb says, “You live by the sword, you die by the sword”. If you enjoy reading this type of commentary please subscribe to my blog and tell a friend. You will receive an email notification when new blogs are posted. The email will come from the site’s email: armchairamerican1776 @gmail.com. Thanks, Armchair American  The new year is finally here, and no one wants to put 2020 in the rearview mirror more than I do. The beginning of a new year is a time to reflect, take stock, and move forward with the hope that the year ahead will be better than the last. Much of what made 2020 challenging, (I’m being kind), will follow us into the new year. The coronavirus pandemic cast a dark shadow on much of 2020, and its impact will be felt for much, if not all, of 2021. Politics also dominated 2020. The hyper-partisanship continues, and we start the year with a very busy political calendar which will set the stage for 2021. This blog post is a brief look at what’s on my radar, and my wishes for 2021.  Political Calendar January: January 3, 2021: The start of the 117th United States Congress. On the Senate side, new Senators will be sworn in and new rules adopted. In the House of Representatives, newly elected and re-elected members will be sworn in, and the Speaker of the House will be elected. January 5, 2021: Two Georgian Senate runoff elections are being held. The results will determine which party controls the Senate. The seats are currently held by GOP incumbents Kelly Loeffler and David Purdue. They are being challenged by Democrats Jon Ossoff and Raphael Warnock, respectively. January 6, 2021: Congress will gather in joint session to certify the electoral votes for president and vice president of the United States. Vice President Mike Pence will preside over the proceedings, and he will open the certificates of the electoral votes of each state and the District of Columbia. Once opened, each certificate is read aloud and the vice president calls for any objections, if any. The objection must be in writing and endorsed by at least one Senator and one House member. If an objection is raised, the joint session is suspended and each house meets separately to debate and vote on the objection. If the objection fails, the votes are counted and the joint session of congress continues to count the electoral votes of the remaining states. Objections are rare, and the certification of the electoral votes is typically quick and uneventful. But the 2020 presidential election was anything but typical, and objections will be raised in a last-ditch effort to overturn the election in Donald Trump’s favor. Senator Josh Hawley (R-Missouri) and Congressman Mo Brooks (R-Alabama) plan to raise one or more objections due to what they claim are voting irregularities in certain states. Several other Republican members of Congress will raise their objections as well. It could be a long day. But this is all just political theater. The Democratic held House will never vote to uphold the objections, and several Republican Senators have no intention of objecting to any of the certified electoral college votes. The only good that will come out of this affront to our democracy is that it will force Republicans in Congress to publicly acknowledge their support for either Donald Trump or the electoral process. January 20, 2021: Joe Biden will be sworn in as the 46th President of the United States, and Kamala Harris will be the first woman (of any color) to become vice president. Due to COVID-19, the inauguration will probably be a subdued affair, with most of the festivities occurring virtually. The only real question now is whether or not Donald Trump will be in attendance. I hope that he is. Not because I want to give him any more TV time, but for the sake of the country. Donald Trump’s presence will maintain our country’s tradition of a smooth transition of power, and signal to his supporters that Joe Biden is the legitimate president. I just hope, for this one day at least, Donald Trump can keep his ego in check and put the country ahead of his self-interests.  Other Things on My Radar for the Year Ahead: Coronavirus Pandemic: Unfortunately, the pandemic will dominate our lives for at least another year. The Pfizer and Moderna vaccines provide hope that there is light at the end of the tunnel. By the 2nd half of the year there should be additional COVID-19 vaccines approved for use in the U.S. from Johnson & Johnson, AstraZeneca, and Novavax. But the real issue to keep an eye on is the distribution and administration of the vaccines, in the U.S. and around the world. As we have witnessed over the past few weeks, it is a tall order to get the vaccines to where they are needed, and then getting them into the arms of people. Our healthcare system is exhausted by the hundreds of thousands of COVID patients being treated, and the Public Health System is doing all it can to keep up with testing and contact tracing. The federal government is going to have to step up in a big way if the vaccination program is going to succeed. The system also needs to keep an eye on the new variants of the virus that are currently in the population, and to convince enough people to get the vaccine in order to achieve herd immunity. What Donald Trump Does Next: I don’t think that Donald Trump is going into quiet retirement at Mar-a-Lago. He will continue to wield considerable influence in the Republican Party. The question is, what role will he take (or make for himself)? Will Donald Trump be a king maker, an elder statesman, or something more? I think he will launch his 2024 presidential campaign on January 20, 2021. Preparing for the Next Pandemic: Let’s face it, our response to the current pandemic was not good. We have no excuse not to be ready for the next pandemic, which will arrive sooner rather than later. The world has learned a lot about what has worked and what hasn’t during the current pandemic. The United States has a lot of work to do to put the systems and best practices into place, and to build critical supply chains. Student Loan Forgiveness: I don’t think that the Democrats will win back the Senate this year, so not much will be done on student loan forgiveness. Nonetheless, this is an important subject that needs careful consideration. Removing or Modifying the Presidential Pardon: No one is above the law, except the President who has the authority to grant pardons for offenses committed against the United States. President Trump’s recent pardons of convicted criminals (as well as questionable pardons made by other presidents), makes this a topic for serious discussion. Medicare for All: Most people agree that the healthcare system in the United States is broken, and the massive amount of money it sucks from the economy is unsustainable. There is no easy fix, and the politics surrounding it seem insurmountable. But I think that Medicare for All is a step in the right direction and needs to be pushed forward. Gun Control: With Republicans in control of the Senate this is probably a nonstarter. But you can’t convince me that assault style weapons, armor piercing bullets, and high-capacity magazines are guaranteed rights under the Constitution.  Wishes for the New Year:
Even though 2021 brings many challenges, I remain hopeful for the new year. The new administration will bring competent leadership to Washington D.C. The availability of COVID-19 vaccines and the resiliency of the American people, give me hope that when we look back on 2021 there will be a lot to celebrate. Happy New Year! If you enjoy reading this type of commentary please subscribe to my blog and tell a friend. You will receive an email notification when new blogs are posted. The email will come from the site’s email: armchairamerican1776 @gmail.com. Thanks, Armchair American  |
AuthorThe Armchair American. 
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