We recently discussed how the Senate will have to decide whether to call witnesses in the second impeachment trial of former President Donald Trump. The use of a snap impeachment raises a basis for some senators to oppose such witnesses on institutional or prudential grounds. Democrats opposed any witnesses in the Clinton impeachment and there were no witnesses in the first Trump impeachment trial. Not surprisingly, the House is demanding witnesses. The initial vote in the trial shows that it is substantially short of the number of senators needed to convict and Trump could be acquitted on a virtual 50-50 vote. So here is my question: why has the House not used the last few weeks to call these witnesses and build the needed case to show intent to incite an insurrection? Weeks have gone by with key witnesses speaking to the press but not to the House. Why?
I raised this possibility weeks ago since such House hearings could influence the Senate trial. Even if the transcripts were barred by the Senate, senators would be aware of the evidence and testimony. There has been limited testimony on the response to the riot but most key witnesses have not been called to public hearings on evidence related to Trump’s conduct or intent. Many are clearly willing to testify since they are speaking openly with the media.
I have no idea if such evidence exists but I, like most Americans, would like to know if it does. I was critical of Trump’s speech while he was giving it. I also opposed the challenge to the electoral votes and criticized the President’s false statements about the authority of Vice President Mike Pence to “send back” these votes. However, I have also said that, without evidence of intent, this case of incitement would fail in the Senate. Indeed, while many legal experts have claimed that this is a strong case for criminal incitement, I believe it would ultimately collapse in the federal courts on free speech grounds.
The House can show intent directly and circumstantial from evidence of the President’s conduct and statements before and after the speech. The National Guard deployment is clearly a place to start. Did Trump delay or obstruct deployment? We still do not know despite this being one of the easier questions to answer. Those questions will not be answered by calling the “Shaman” on whether he felt that Trump wanted him to riot or engage in insurrection. Such testimony will show how Trump’s words were received (which is relevant) but not what he intended.
There is a tendency in Congress to follow the litigation rule not to ask witnesses questions that you do not know the answer to in advance. However, the absence of hearings on Trump’s role is glaring as the House managers claim that many in the Senate do not want to hear the truth. There are two houses of Congress and the Democrats are in total control of the House.
There has clearly been inquiries and limited testimony but very little information has been made publicly, including information that is clearly in the possession or available to the House. Instead reports indicate that the House is building what was described as an “emotionally charged” case before the Senate with cellphone calls and witness testimony rather than evidence focusing on the intent element. I admit that I have the bias of a criminal defense attorney but that is not a case for conviction. It is a case of public appeal.
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Everyone should call McConnell's office and give him hell!!!! He's such a rotten big mouth!!!! What gives him the right to throw a Republican Rep under the bus!!! (Marjorie Taylor Greene)
Commie/socialist liberals are the real danger to this country. The could screw up a ONE CAR FUNERAL for sure!!!!! It is just beyond belief how the Republicans miss such opportunities to straighten out this country, UNBELIEVABLE knucklheads!!!!! Mitch McConnell is useless and a huge detriment..he is just awful!!!!! Everyone should call his office and reprimand him for making such stupid statements against Marjorie Taylor Greene!
most of the gop is complicit in TREASON!!!!! They want President Trump gone as much as the devildemocommiecrats do, and for the same reason, they are corrupt!!!!!
I just received an email that the vote in the Senate killed the impeachment.
Nothing in the news or in my emails. I have 50 more to red. So far no indications of such, not even in the subject lines.
Will this stupid idiots show me where the Constitution of the United States gives Congress the power to impeach a citizen of this country or do they really fear us so much that they want us to do nothing and save our freedom.
You obviously were not in DC on Jan. 6. To see a million people and more is breath taking. Much has been said about the crowd, but two things have not been said. The crowd was in three sites simultaneously: with Trump at his speech, one side of the Capitol, the reverse side of the Capitol. The media refrained from mentioning the crowd's total size and, when they did, they downsized it. There were over 1 million there: massive everywhere! The media never discussed the crowd's roar. Frightening! Alarming. The Capitol was closed tightly, yet they heard us with ease inside. Those legislators heard our roar and were scared before the antifa/blm entered. The dem's own frightened their benefactors. The next time a million people march assembles in DC, they will run - literally. Next time, there be no niceties given to them by those who led Trump! If the antifa and blm join the crowd, they will turn on their own - Biblical.
We could have had we wanted to on the 6th. We did NOT. THEY DID.
If they think Jan. 6th was insurrection, they need to keep going down the path they are on and see what a REAL insurrection looks like. Up close and personal .... The Civil War is coming.
Peter, AMEN AMEN AMEN AMEN AMEN!!!!!
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