 In the aftermath of the January 6, 2021 attack on the U.S. Capitol, there has been a lot of speculation that Donald Trump’s involvement would disqualify him from ever holding public office again. The legal justification for disqualification is spelled out in Section 3 of the Fourteenth Amendment to the U.S. Constitution. The first legal action to test whether or not Donald Trump can be disqualified under the Fourteenth Amendment took place in a Colorado District Court last week. The nonprofit group Citizens for Responsibility and Ethics in Washington, on behalf of six Colorado voters, filed a lawsuit against Colorado Secretary of State Jena Griswold. The lawsuit was filed to prevent Donald Trump from appearing on Colorado’s Republican presidential primary election ballot and any future election ballot based on his disqualification to hold public office under Section 3 of the Fourteenth Amendment. The lawsuit also seeks to prevent Colorado’s Secretary of State from taking any action that would allow Donald Trump to appear on the ballot. Does the lawsuit in Colorado have any merit, and will it prevent Donald Trump from appearing on the Republican primary ballot? Before we can answer these questions let’s first exam Section 3 of the Fourteenth Amendment to see if it has any application to Donald Trump and the 2024 Presidential election.  Section 3 of the Fourteenth Amendment: It was adopted in 1868 in the aftermath of the Civil War to prevent military officers, federal officers, and state officials who served in the Confederacy from holding any future public office. Sometimes referred to as the disqualification clause, Section 3 of the Fourteenth Amendment reads as follows: “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 an executive or judicial officer of any State, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”  Ambiguities Exist: Like many sections of the U.S. Constitution, there is a lot of ambiguity in Section 3 of the Fourteenth Amendment, and its applicability in the aftermath of January 6th is uncertain. After about 1869 there has been very little case law to provide clarity about this section of the Constitution. Some of the issues yet to be resolved include:
 Recent Court Action: There was a court case last year in New Mexico which merits mention due to its relevance to January 6th. Couy Griffin, a New Mexico County Commissioner, was convicted of illegally entering the Capitol grounds on January 6, 2021. As a result of his conviction a group of New Mexico voters sued to have him removed from office on the grounds that he violated Section 3 of the Fourteenth Amendment. A state judge agreed and had him removed from office and disqualified him from holding any office in the future. The New Mexico Supreme Court refused to overturn the ruling. Griffin vows to take his case to the U.S. Supreme Court. The removal of Couy Griffin from public office was the only successful case to be brought under Section 3 of the Fourteenth Amendment since 1869. The significance of this case is that it was the first time a judge has formally ruled that the events of January 6, 2021 were an “insurrection”.  Applicability to Donald Trump: Donald Trump has called the use of the Fourteenth Amendment to keep him off any election ballot simply “election interference”. In a recent social media post, he stated that “almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election”. Many of us watched the attack on the U.S. Capitol live on television or at least read about it. No one can dispute that there were crimes committed at the Capitol on that day and perhaps on the days leading up to January 6, 2021. Millions of Americans believe that Donald Trump incited the Capitol riot and fanned the flames of insurrection. But there are millions of other Americans who believe that Donald Trump isn’t guilty of any crimes, and is not responsible for the violence that took place at the Capitol. Therefore, there is no clear consensus on Donald Trump’s role in the January 6th Capitol riot.  The Department of Justice has charged more than 1,100 defendants with various crimes related to January 6th, and over half have pleaded guilty. The most serious charge any of the defendants has been convicted of is seditious conspiracy. Seditious conspiracy does not rise to the level of a Section 3 violation of the Fourteenth Amendment. More to the point, Donald Trump has not been convicted of any crime related to January 6th and none of the indictments that he currently faces are for insurrection, rebellion, or giving aid or comfort to the enemies of the United States. I am not a lawyer, but is seems improbable that any State could keep Donald Trump off of an election ballot based on violations of Section 3 of the Fourteenth Amendment.  Final Note: The Select Committee to Investigate the January 6th Attack on the United States Capitol issued its final report on December 22, 2022. Recommendation 4 in the report addresses the need to clarify the provisions of Section 3 of the Fourteenth Amendment, and how it may be used against Donald Trump and other defendants. The Select Committee referred Donald Trump and others to the Department of Justice for possible prosecution “for assisting and providing aid and comfort to an insurrection.” The final report also makes note of the fact that two members of the committee have introduced a resolution in the House of Representatives to declare the January 6th assault an insurrection, and legislation “to establish specific procedures and standards for disqualification under section 3 of the Fourteenth Amendment in the United States District Court for the District of Columbia.” The recommendations in the final report are going nowhere in the Republican controlled House of Representatives. The pending lawsuit in Colorado to keep Donald Trump off of the Republican presidential primary ballot will not be the last case of its kind. Other states will be following this case closely and are already considering similar legal actions against candidates or officials who were involved in the January 6th Capitol riot. But without further guidance from the U.S. Supreme Court or the Congress, these cases have little chance of succeeding. It is important to remember that despite his numerous criminal indictments, Donald Trump has not yet been convicted of any federal crimes. Therefore, he should be presumed innocent until he is proven guilty. Further use of the judicial system to prevent Donald Trump from running for president will only feed into his narrative that the legal system is being weaponized against him. It will also foster more distrust of the judicial system and further embolden Trump and his supporters. The only way to beat Donald Trump is at the ballot box.  Let the American voters decide. 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
0 Comments
 If Donald Trump needs a propaganda minister, he found one in the person of Tucker Carlson, an opinion host for Fox News. Since the 2020 election, Tucker Carlson has been a vocal supporter of Donald Trump and his lies about the election being stolen. Carlson made news last week for reporting on his prime-time cable show that the United States government had lied about what actually happened at the Capitol on January 6, 2021. He based his claims on video surveillance tapes that were provided to him and his producers by House Speaker Kevin McCarthy. Why did Carlson, of all people, have access to the tapes, are his claims valid, and what does this say about Kevin McCarthy’s leadership? Let’s dig into these issues which have people on both sides of the aisle riled up.  Kevin McCarthy’s Role in the Drama: Sometime in early February, Kevin McCarthy provided Tucker Carlson and his producers unfettered access to the January 6, 2021 security videos of the Capitol. At the time McCarthy told reporters that he thinks that “the American public should actually see all that happened, instead of a report that’s written on a political basis”. The Speaker was referring to the January 6th Committee Final Report which places the blame for the Capitol riot squarely on the shoulders of Donald Trump. So, it appears as if McCarthy wanted to set the record straight by providing exclusive access to the security tapes to an unbiased organization like Fox News! If Speaker McCarthy really wants transparency surrounding the events of January 6, as he has claimed, then why not allow access to the nearly 44,000 hours of video footage to all news outlets, simultaneously? Since becoming Speaker, McCarthy has been under intense pressure by the right wing of his party to release the videos to a sympathetic news outlet. If you had any doubts about whether or not the newly elected Speaker was beholden to extremists in his party, you shouldn’t anymore. Providing Tucker Carlson exclusive right to access the surveillance videos was a failure of leadership by McCarthy, pure and simple.  Tucker Carlson Reports: After about three weeks of examining the video footage provided by Speaker McCarthy, Carlson reported his findings on March 6 during his “Tucker Carlson Tonight” show on Fox News. The House members who pushed Speaker McCarthy to release the tapes got exactly what they wanted from Tucker Carlson. Here are some of what he said about the January 6 Capitol riot: “The protestors were angry. They believed that the election that they had just voted in had been unfairly conducted, and they were right. In retrospect it is clear that the 2020 election was a grave betrayal of American democracy. Given the facts that have since emerged about that election, no honest person can deny it”. “To divert attention from the details of the Presidential election itself, Democrats in Congress impaneled the House Select Committee on the January 6th attack. The point of the committee was to prevent Donald Trump from running for president again. The committee did not explain what happened inside the Capitol on January 6th. Three weeks ago, the Speaker turned over 44,000 hours of tapes that the January 6th Committee had access to”. “Committee members lied about what they saw, and then hid evidence from the public and from January 6th defendants and their lawyers. Speaker McCarthy rectified that crime by handing over the surveillance tapes to Fox News. We are providing a public service to bring the videos to you since the government didn’t want you to see them”. “The videos prove beyond doubt the Democrats in Congress, assisted by Adam Kinzinger and Liz Cheney, lied about what happened that day. They are liars. That is conclusive, and that fact should prevent them from ever being taken seriously again”. “The video does not show an insurrection or a riot in progress. Instead, it shows police escorting people through the building. The overwhelming majority of people in the Capitol were peaceful, they were orderly, and meek. These were not insurrectionists, they were sightseers”. “The videos demolish the claim that what happened inside the Capitol was an insurrection. That’s why the Democratic Party and allies in the media withheld the videos from the public”. “Members of the January 6th Committee hurt people and the country. They are liars. They lied. Members of the committee are liars”. This is strong stuff, if true.  Donald Trump Responds: The following day Donald Trump claimed that the video “evidence” shown on Tucker Carlson’s show vindicated him from any wrong doing on January 6. He went on to state that Carlson’s assertions were irrefutable evidence that rioters have been wrongly accused of crimes. Trump thanked Carlson and Speaker McCarthy for their work in rectifying the official record. Trump then called for the release from custody of the people who have been convicted or pleaded guilty to charges stemming from the Capitol riot.  What are we to Make of Tucker Carlson’s Assertions?
To Tucker Carlson these are meek sightseers at the Capitol on January 6, 2021.
Come to your own conclusions about what actually happened at the U.S. Capitol on January 6, 2021. The programming on Fox News’ “Tucker Carlson Tonight” last week is a good reminder that not everything presented on cable news networks is actually hard news. Much of it is opinion, and the hosts are pushing a certain agenda. House Speaker Kevin McCarthy knew this when he provided Tucker Carlson access to nearly 44,000 hours of surveillance video from the Capitol. This was a purely political move and not in the best interest of the country. To provide the transparency that he claims to want, Speaker McCarthy should immediately release that same video footage to any and all news outlets that request it.  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  On February 4, 2022 the Republican National Committee (RNC) passed a resolution to formally censure Representatives Liz Cheney and Adam Kinzinger for daring to stand up to Donald Trump. The RNC is opposed to the Democrat-led Congressional committee investigating the January 6th Capitol riot. Cheney and Kinzinger are members of the committee, which explains their fall from grace within the Republican Party.  It is no surprise that the Republicans censured Cheney and Kinzinger. What is surprising is the wording used in the censor resolution. According to the resolution, “Representatives Cheney and Kinzinger are participating in a Democrat-led persecution of ordinary citizens engaged in legitimate political discourse.” The characterization of the January 6th Capitol riot as “legitimate political discourse” has caused a firestorm, and rightly so. Even Senate Minority Leader Mitch McConnell has condemned this characterization by stating that what happened on January 6th, “was a violent insurrection for the purpose of trying to prevent a peaceful transfer of power after a legitimately certified election from one administration to the next.” I don’t often say this, but I agree with Mitch McConnell.  Political protest is protected by the U.S. Constitution, and many people in Washington D.C. on January 6th were acting within their rights. But some of the protestors engaged in organized acts of violence and destruction of government property in an effort to prevent the certification of a free and fair election. It was an affront to our democracy and should never be considered a legitimate form of political protest. There are millions of people in our country that side with the RNC’s position and feel that the Democrats have blown the events of January 6th all out of proportion for political gain. To that I say, please watch the following documentary film put together by the New York Times: https://www.youtube.com/watch?v=jWJVMoe7OY0.  “Day of Rage: How Trump Supporters Took the U.S. Capitol” culminated from a six-month Times investigation. The film makers synchronized and mapped out thousands of videos and police radio communications from the January 6th Capitol riot, providing the most complete picture to date of what happened and why. I found the documentary to be powerful, disturbing, and at times difficult to watch. It certainly didn’t leave me ambivalent. I challenge anyone who watches this film to characterize the events depicted as “legitimate political discourse”. The Republican Party doesn’t seem interested in getting to the truth surrounding the events of January 6th. Otherwise, they would be supporting the work of the January 6th committee in Congress. I for one am anxious to read the final report on the committee’s findings. Any American who truly cares about the future of our democracy should be as well.  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  Select Committee Approved to Investigate Capitol Riot: On June 25, 2021 the House of Representatives approved legislation to create a select committee to investigate the January 6th Capitol Riot. Only two Republicans voted in favor of the legislation, Liz Cheney and Adam Kinzinger. The select committee will have eight members selected by Speaker of the House Nancy Pelosi, and five members selected by House Minority Leader Kevin McCarthy. The committee will have subpoena power to order witnesses to testify. The committee’s main task is to investigate “the facts, circumstances and causes relating to the January 6, 2021 domestic terrorist attack”. The committee is also charged with looking into the law enforcement and government response to the storming of the Capitol and the factors that fomented such an attack. The committee has no set end date to report its findings, conclusions and recommendations for preventing such attacks in the future.  Pelosi Announces Her Picks for the Select Committee: On July 1st, Nancy Pelosi announced that she had picked the following eight Representatives for the committee: Bennie Thompson (D-Mississippi), selected as Chairman of the committee. Adam Schiff (D-California) Jamie Raskin (D-Maryland) Zoe Lofgren (D-California) Pete Aguilar (D-California) Elaine Luria (D-Virginia) Stephanie Murphy (D-Florida) Liz Cheney (R-Wyoming). This is the most surprising pick. But upon closer inspection, maybe not. Liz Cheney was ousted from her Republican leadership position for criticizing former President Donald Trump for his lies about the stolen election and his role in the Capitol riot.  McCarthy Announces His Picks for the Select Committee: On July 19th, Kevin McCarthy announced the following five GOP nominees to the Democrat led select committee: Jim Banks (R-Indiana), ranking member. Rodney Davis (R-Illinois) Jim Jordan (R-Ohio) Kelly Armstrong (R-North Dakota) Troy Nehls (R-Texas)  Pelosi Rejects Two of McCarthy’s Picks: Today (July 21, 2021) Nancy Pelosi rejected two of Kevin McCarthy’s picks, Jim Jordan and Jim Banks. Pelosi saw these two Trump loyalists as impediments to the integrity of the committee’s investigation. She is probably correct, but she has handed the Republicans ammunition to their claim that the committee will lead a partisan attack on Trump and his supporters in an attempt to damage the Republican brand. To that I say that the Republicans had their chance for a bipartisan commission, but they rejected it in the Senate. It is no surprise that McCarthy slammed Pelosi’s move. "Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts," McCarthy said. Democrats have pledged to move forward with the committee’s work, and the first hearing will begin next week. Stay tuned.  Capitol Security Six Months Later: This past weekend the metal fencing and concrete barriers that encircled the Capitol were removed. The Capitol grounds are now open again to visitors and pedestrians, but the Capitol building remains closed to the public. The House passed a $1.9 billion security bill in May to strengthen the Capitol building, add additional surveillance, and other measures. The Senate Democrats have introduced their own version which includes additional funding to aid Afghans who supported US efforts in Afghanistan and COVID protections for the Department of Defense. The price tag for this proposal is $3.7 billion and is unlikely to get much Republican support.  On-Going Investigation: To date approximately 550 people have been arrested for taking part in the Capitol riot. Charges for those arrested include unlawful entry, vandalism, conspiracy and assault. So far twenty people have plead guilty, mainly to misdemeanors, but only three have been sentenced. The most serious being Paul Hodgkins from Florida, who pleaded guilty to a single felony count of obstruction of an official proceeding before Congress. Mr. Hodgkins was sentenced this month to eight months in prison.
Law enforcement officials are still trying to identify over 300 suspects who were captured on video at the Capitol on January 6th. 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  On February 15, 2021 Speaker of the House Nancy Pelosi announced that Congress would establish an independent, September 11-style commission to “investigate and report on the facts and causes relating to the January 6, 2021 domestic terrorist attack upon the United States Capitol Complex…and relating to the transfer of power.” The House passed the bill on May 19, 2021, mostly along party lines. This past Friday the bill failed in the Senate by a vote of 54-35, short of the 60 votes needed to pass. Senate minority leader Mitch McConnell and his Republican colleagues were successful in blocking the formation of the independent commission. What do they gain from this move, and is it in the best interests of America?  Purpose of an Independent Commission: Independent fact-finding commissions after major historical events are not new. They were used to investigate the Japanese attack on Pearl Harbor, the assassination of President Kennedy, and the terrorist attacks on September 11, 2001. Similar to the commission formed in response to the attacks on September 11, it would consist of a panel of ten independent experts, evenly split between Republican and Democratic appointees, who would investigate the events of January 6, 2021 on a full-time basis. The commission would have full authority to subpoena witnesses and broad authority to pursue and connect various lines of inquiry. It would compile a single comprehensive record for American history, and hopefully provide some closure for the American people. The primary purpose of the commission is to get at the truth. Being independent and bipartisan, it is much more likely to provide the facts that Americans will trust. Any reports that result from the various congressional investigations now underway will likely be viewed through a partisan lens.  Aren’t Existing Investigations Enough: There are currently several investigations underway by various governmental departments looking at different aspects of the Capitol riot. The Justice Department is investigating and prosecuting hundreds of individual rioters, inspectors general are examining their agency's response to the riot, and various congressional committees are looking into the Capitol riot. The Justice Department’s investigation is one of the largest criminal inquiries in U.S. history, https://www.nytimes.com/2021/05/29/us/capitol-attack-inquiry.html. But each of the 450 or so defendants are being charged as individuals for specific crimes that they may have committed. Most of these criminal cases will be resolved through plea deals and never end up in court with questioning under oath. The Justice Department is not tasked with big picture issues like what motivated the riot, were the rioters coordinated, were members of Congress involved, and how does Donald Trump fit into all of this.  There is a joint investigation underway by the Senate Homeland Security Committee and the Rules Committee. These committees are investigating the actions of the Capitol Police, the Defense Department, and the broad government response to the violence at the Capitol on January 6. But here again, the investigations are narrowly focused on questions of policing and security. Questions about the political motivations of the mob, and the role of the president and members of Congress will be ignored. Another limitation with congressional investigations is the limitations on the committee members themselves. Members of Congress are often pulled away from investigative work to address the ongoing business of the Congress. Inspectors general at the Pentagon, Justice Department, and Capitol Police Department are all examining their agency’s response leading up to and during the Capitol riot. These examinations will be narrowly focused on the specifics of their departments and not coordinated with other agencies. They are too narrowly focused to get to the truth that the American people need, and may leave many questions unanswered.  Unanswered Questions Remain: Now that the Republicans have blocked the establishment of an independent commission, the full story surrounding the Capitol riot on January 6, 2021 may never be known. Here are some of the key unanswered questions:
 Why Republicans Blocked the Commission: Plain and simple, the Republicans put the good of their party ahead of the good of the country. Donald Trump is the de facto head of the Republican Party, and anything that discredits him, damages the party. Donald Trump openly opposed establishment of the independent commission. Out of loyalty or fear, most Republicans went along with his wishes. Senate minority leader Mitch McConnell is no fan of Donald Trump, but his party loyalty outweighs his animosity towards him. McConnell is shrewd enough to know than an independent investigation of January 6 would put Donald Trump back into the spotlight and expose the consequences of his lie that the election had been stolen from him. In voting against the commission, McConnell called it redundant, and said, “I do not believe the additional extraneous commission that Democratic leaders want would uncover crucial new facts or promote healing.” I guess we will never know thanks to Mitch and his Republican colleagues. Soon after the Capitol riot, McConnell and fellow Republican Senator Lindsey Graham went on the record by stating that Donald Trump had culpability in the riot, and that a 9/11 style commission should investigate, https://www.theguardian.com/us-news/2021/feb/15/us-capitol-attack-commission-9-11-style-trump. I guess they have changed their tune knowing that Trump is still in charge. Ever the politician, McConnell has succeeded in turning the focus back to opposing the Biden Administration’s agenda, and taking back the Senate in the 2022 mid-term elections.  What’s Next: With so many unanswered questions and the threat that the Capitol riot posed to our democracy, the Democrats will not let it go. Democratic leaders Schumer and Pelosi are now planning to create a select committee to investigate the Capitol riot. What good this will do is anyone’s guess. But clearly it will not be as bipartisan and independent as a 9/11 style commission would be. Since both Houses of Congress are controlled by the Democrats, it could prove to be a strategic mistake by the Republicans. The Republicans want to downplay the events of January 6, 2021 and move on, but the Democrats, and all fair-minded Americans, won’t let them.  As Andrew Young once said, “There can be no democracy without truth”. The purpose of the independent commission to investigate the Capitol riot was to establish the truth. But that has been denied to the American people. We owe it to the Capitol Police officers who were killed or injured that day to find the truth. After the 9/11 attacks the country came together, put partisanship aside, and put a commission together to get to the truth. Have we changed so much as a country in just the past 20 years? Apparently, we have. Politics has once again trumped the good of the country.
Capitol Riot Update: July 21, 2021 Select Committee Approved to Investigate Capitol Riot: On June 25, 2021 the House of Representatives approved legislation to create a select committee to investigate the January 6th Capitol Riot. Only two Republicans voted in favor of the legislation, Liz Cheney and Adam Kinzinger. The select committee will have eight members selected by Speaker of the House Nancy Pelosi, and five members by House Minority Leader Kevin McCarthy. The committee will have subpoena power to order witnesses to testify. The committee’s main task is to investigate “the facts, circumstances and causes relating to the January 6, 2021 domestic terrorist attack”. The committee is also charged with looking into the law enforcement and government response to the storming of the Capitol and the factors that fomented such an attack. The committee has no set end date to report its findings, conclusions and recommendations for preventing such attacks in the future. Pelosi Announces Her Picks for the Select Committee: On July 1st, Nancy Pelosi announced that she had picked the following eight Representatives for the committee: Bennie Thompson (D-Mississippi), selected as Chairman of the committee. Adam Schiff (D-California) Jamie Raskin (D-Maryland) Zoe Lofgren (D-California) Pete Aguilar (D-California) Elaine Luria (D-Virginia) Stephanie Murphy (D-Florida) Liz Cheney (R-Wyoming). This is the most surprising pick. But upon closer inspection, maybe not. Liz Cheney was ousted from her Republican leadership position for criticizing former President Donald Trump for his lies about the stolen election and his role in the Capitol riot. McCarthy Announces His Picks for the Select Committee: On July 19th, Kevin McCarthy announced the following five GOP nominees to the Democrat led select committee: Jim Banks (R-Indiana), ranking member. Rodney Davis (R-Illinois) Jim Jordan (R-Ohio) Kelly Armstrong (R-North Dakota) Troy Nehls (R-Texas) Pelosi Rejects Two of McCarthy’s Picks: Today(July 21, 2021) Nancy Pelosi rejected two of Kevin McCarthy’s picks, Jim Jordan and Jim Banks. Pelosi saw these two Trump loyalists as impediments to the integrity of the committee’s investigation. She is probably correct, but she has handed the Republicans ammunition to their claim that the committee will lead a partisan attack on Trump and his supporters in an attempt to damage the Republican brand. To that I say that the Republicans had their chance for a bipartisan commission, but they rejected it in the Senate. It is no surprise that McCarthy slammed Pelosi’s move. "Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts," McCarthy said. Democrats have pledged to move forward with the committee’s work and the first hearing will begin next week. Stay tuned. Capitol Security Six Months Later: This past weekend the metal fencing and concrete barriers that encircled the Capitol were removed. The Capitol grounds are now open again to visitors and pedestrians, but the Capitol building remains closed to the public. The House passed a $1.9 billion security bill in May to strengthen the Capitol building, add additional surveillance, and other measures. The Senate Democrats have introduced their own version which includes additional funding to aid Afghans who supported US efforts in Afghanistan and COVID protections for the Department of Defense. The price tag for this proposal is $3.7 billion and is unlikely to get much Republican support. On-Going Investigation: To date approximately 550 people have been arrested for taking part in the Capitol riot. Charges for those arrested include unlawful entry, vandalism, conspiracy and assault. So far twenty people have plead guilty, mainly to misdemeanors, but only three have been sentenced. The most serious being Paul Hodgkins from Florida, who pleaded guilty to a single felony count of obstruction of an official proceeding before Congress. Mr. Hodgkins was sentenced this month to eight months in prison. Law enforcement officials are still trying to identify over 300 suspects who were captured on video at the Capitol on January 6th. 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  To no one’s surprise Donald Trump was acquitted on February 13, 2021 of the charge of “incitement of insurrection” at his second impeachment trial. Seven Republican Senators, along with all the Democrat Senators, voted to convict. But seventeen were needed. For a more detailed explanation of the 2nd impeachment of Donald Trump, please refer to my January 29, 2021 post "Is the Second Impeachment Trial of Donald Trump a Good Idea?" Here are my key takeaways from the impeachment trial:  Political Gamesmanship: Mitch McConnell is no fan of Trump and he would love to rid the party of him. But he loves his position and his power even more. McConnell is first and foremost a party man, and he is focused on the 2022 mid-term elections with the goal of retaking the Senate and possibly the House. Like most of his Republican colleagues, McConnell went on record by voting that it is unconstitutional to impeach a president who is already out of office. This was a calculated move to provide his colleagues with political cover. By voting to acquit on constitutional grounds, a senator could satisfy Trump’s loyal supporters, and not turn off those Republican voters who were repulsed by Trump’s actions. This is exactly what McConnell did with his post-trial statement blasting Trump: “Former President Trump’s actions preceding the riot were a disgraceful, disgraceful dereliction of duty. There’s no question, none, that President Trump is practically and morally responsible for provoking the events of the day. No question about it. The people who stormed this building believed they were acting on the wishes and instructions of their president.” Wow, the House managers could have used McConnell to make their case against Trump. But alas, McConnell knew that there weren’t enough Republican votes to convict Trump, and he wasn’t about to jeopardize his standing in the party by voting with the opposition.  It's Still Donald Trump’s Party: State Republican parties were quick to censure Senate Republicans who voted to convict Trump. This follows the condemnation received by Republican House members in their home states for voting for impeachment. Even party stalwart Liz Cheney was censured by the GOP in her home state of Wyoming. In his unrepentant way, Donald Trump blasted the trial as another phase of the greatest witch hunt in history. In a statement released shortly after being acquitted he said, “Our historic, patriotic and beautiful movement to Make America Great Again has only just begun”. This doesn’t sound like a guy who is going to fade into the background, and Republican politicians who ignore him, do so at their own peril.  Many Unanswered Questions Remain: Unfortunately, the trial did not provide the truth and accountability that Chuck Schumer had hoped for. In the words of one of the House Managers, Joaquin Castro, “There’s a lot we don’t know yet about what happened that day”. Most of the evidence presented was based on news reports and social media postings. But not to worry. Yesterday Speaker Nancy Pelosi announced that Congress will establish an independent commission to investigate the attack on the Capitol. I doubt that the investigation will turn up anything that will put Donald Trump in criminal jeopardy. But the lapses in security at the Capitol need to be investigated, if for no other reason than to prevent another horrific incident like that on January 6, 2021. 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  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  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 |
AuthorThe Armchair American. 
Archives
November 2024
Categories
All
|
RSS Feed