All Forty-Three Republican Senators need to be grabbed by the wallet - forthwith Part 1 of 4

Acquitting Donald Trump for the most egregious betrayal of his Oath and of our Constitution - must pay a hefty political. Period. Full Stop

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States…” You swore an oath. You repeatedly and gleefully violated this oath. Ostensibly with total and complete impunity, with your forty-three co-conspirators in the Republican Senate Caucus.

Henceforth, the Republican Party should be viewed as an (un) American Political Party. On February 13, 2021, the Senate Republicans acquitted Donald J Trump. In doing so, they sent an unambiguous message to Trump and his cult members; the Senate Republicans voted to condone Domestic Terrorist. Tacitly approving of the vicious beating and murder of Law Enforcement Officers.

The Senate Republicans also sent a clear message; Mitch McConnell, along with forty-two Senate Republicans unquestionably support and approved of Trump’s Deadly Insurrection. At what point will the Republican Party atone for their sins?

Question before the Senate;

“Guilty or Not Guilty: Article of Impeachment Against Former President Donald John Trump; A resolution impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors”¹ When the forty-three Republican Senators voted “not guilty” H.Res. 24²

Yet Mitch had the temerity to deliver this speech?

On February 11, 2021 I wrote about the indecency and hypocrisy of Mitch McConnell and the forty-two Senate Republicans. Consequently, the intent of the previous article was an attempt to provide a small window from the Law Enforcement point of view. For hours thousands of Police Officers were in a hand to hand combat, in short they were in a battle, which put their own lives in danger. Sadly this kind of selflessness was set aside by Minority Leader Mitch McConnell and his colleagues. Forty three of whom voted to acquit Trump.

Which is ironic that days before these same lawmakers gave a standing ovation to US Capitol Police Officer Eugene Goodman. Without question Officer Goodman likely saved the lives of Senators. In his heroic actions, Officer Good,an honored his oath of Office as a Federal Law Enforcement Officer. By running towards danger, instructing Sen Mitt Romney to turn around and having the presence of mind to intentionally lead Trump’s violent mob away from the Senate Chamber. This gave lawmakers crucial minutes to get to safer.
His bravery was awarded by forty three Republican Senators who voted to acquit Trump. The facts in the record demonstrate with clear and convincing factual evidence that Trump’s violent mob is largely responsible for the death of three Law Enforcement Officers.

However I am somewhat delighted that Mitch McConnell opened the door to the “incitement is a specific term from the criminal law” he is correct. But let’s review how Mirriam-Webster³ defines “incite…(verb); to move to action : stir up : [violent and unlawful behavior]…” synonyms⁴ for incite;

fan the flames of · stoke up · fuel · kindle · ignite · inflame · stimulate · instigate · provoke

To Mitch McConnell’s remarks pertain to “inciting” is a criminal offense 18 U.S.C. §2383 - Inciting, Assisting or Engaging in Rebellion or Insurrection;

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

According to the Department of Justice’s United States Attorneys Justice Manual;

JM SECTION TYPE & SCOPE OF REPORTING, CONSULTING OR APPROVAL CONTACT 9-90.020 “Express prior approval is required for prosecution of offenses involving national security. Consultation is required before an arrest is made, search warrant is obtained, grand jury investigation is commenced, immunity is offered, indictment is presented, a prosecution is declined or an adverse ruling or decision is appealed in cases affecting national security. The following statutes are encompassed by these prior approval and consultation requirements when they relate to national security.Assistant Attorney General, National Security Division, through Counterintelligence and Export Control Section.”

Under the 9-90.000 - NATIONAL SECURITY

15) 18 U.S.C. § 2383, Inciting, Assisting or Engaging in Rebellion or Insurrection. Prosecutors must seek prior approval from the following DOJ division(s); Assistant Attorney General, National Security Division, through Counterintelligence and Export Control Section.

And under the District of Columbia’s Criminal Code, (see DC Law Library), specifically Code of the District of Columbia

§22–1322. Rioting or inciting to riot⁵

• (a) A riot in the District of Columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.

By citing both the Department of Justice USAM and the Code of the District of Columbia criminal statutes -coupled with Minority Leader Mitch McConnell’s own words; “Donald Trump is a private citizen and we have a criminal justice system”. And yes, while Senate Republicans acquitted Donald Trump, in the Court of Public Opinion one could argue that it is painfully obvious Trump is guilty. He knew what he was doing. He gave his violent mob clear instructions and they acted on those instructions. Donald Trump and many of his surrogates did in fact incite an insurrection against our own Government. That is not an opinion, those are the facts within the Impeachment record. With that said, one could infer that there is a significant likelihood, Donald Trump might (operative word) face criminal charges for his incitement of an Insurrection against our own Government and/or his unlawful conduct with Georgia State Lawmakers.

Seven Republican Senators voted to convict Trump, forty-three Republicans cowardice to acquit;

“As Congress met to certify the election results, the President directed his supporters to go to the Capitol to disrupt the lawful proceedings required by the Constitution. When the crowd became violent, the President used his office to first inflame the situation instead of immediately calling for an end to the assault…. By what he did and by what he did not do… Trump violated his oath of office to preserve, protect, and defend the Constitution of the United States” Senator Richard Burr

“Our Constitution and our country is more important than any one person. I voted to convict…Trump because he is guilty” Senator Bill Cassidy

“My vote in this trial stems from my own oath and duty to defend the Constitution of the United States.  The abuse of power and betrayal of his oath by …Trump meet the constitutional standard of ‘high crimes and misdemeanors,’ and for those reasons I voted to convict Donald J. Trump.” Senator Susan Collins

“….Trump – the nation’s elected leader, the Commander in Chief of our armed forces – swore an oath to defend America and all that we hold sacred. He failed to uphold that oath…” Senator Lisa Murkowski

“…Trump incited the insurrection against Congress by using the power of his office to summon his supporters to Washington on January 6th and urging them to march on the Capitol during the counting of electoral votes…” Senator Mitt Romney

“…Tribalism is a hell of a drug, but our oath to the Constitution means we’re constrained to the facts…Congress cannot lower our standards on such a grave matter, simply because it is politically convenient. I must vote to convict." Senator Ben Sasse

“…for the first time in American history, the transfer of presidential power was not peaceful. A lawless attempt to retain power by a president was one of the founders’ greatest fears motivating…His betrayal of the Constitution and his oath of office required conviction.” Senator Pat Toomey

GOP is now the Party of QANON-MAGA Domestic Terrorist and Insurrection sympathizers

This is intentionally forward looking. However it is becoming increasingly obvious that the Senate Republicans of the 117th Congress are largely paralyzed with fear. Arguably the forty-three Republican Senators likely put their own personal and political ambitions above our Republic and our Democracy- in their disgusting misguided loyalty to Donald Trump.

1. Completely and unapologetically Stockholm’d by Trump’s abuse, and/or

2. The potential threat of primaries, has left a palpable sense of fear and they are terrified at angering Trump and his QANON-MAGA base. Thusly rendering Senate Republicans completely powerless and paralyzed, and/or

3. Do not give one iota about the “good of the republic and our Democracy”, and/or

4. Are shamelessly violated their oath of office that each swore on the day they entered office. See 5 USC §1331 - Oath of office1

5. These forty-three Senators had zero intention of honoring the impeachment oath all of them, signed, as prescribed by our Constitution
   

In closing, given yesterday’s chain of events, which was not at all a surprise, it is normal to feel angry. Conversely it is important to remember that anger only begets more anger. And then predictably the destructive cycle of angry politics continues. Again it is completely normal to be angry, after all that is a natural human reaction. My unsolicited advise; please do not let that anger consume you. Do not allow yourself to get lost in that anger. Conversely it is important to remember that anger only begets more anger, and then the destructive cycle angry politics continues.
You need to fight your way back to the sunlight and let the sun warm you. When you are ready, I’ll be waiting to talk about the 2022 mid-term election, because the Senate has thirty four seats up for re-election. The Republican Senate accounts for twenty of those seats. Moreover in the recent weeks three different Senate Republicans formally announced they are not seeking re-election. Of the remaining thirty four seats, Senate Democrats are defending fourteen. Nearly all of those fourteen Senate seats are safe, or very safe. Whereas the Senate Republicans up for re-election had some of the slimmest victory of margins.

In short we need to “hold fast” - and then hyper-focus on things we can truly effect real change. For example, we need to focus on flipping Wisconsin, Ohio, Pennsylvania, Indiana, Missouri, North Carolina, and Alabama... senate seats.

1. H.Res. 24 - Article of Impeachment of Donald John Trump, charging him with

2. Vote Number: 59 - Vote Counts; Guilty 57 and Not Guilty 43

3. Merriam-Webster. (n.d.). Incite. In Merriam-Webster.com dictionary. Retrieved February 14, 2021, from https://www.merriam-webster.com/dictionary/incite

4. Merriam-Webster. (n.d.). Incite. In Merriam-Webster.com thesaurus. Retrieved February 14, 2021, from https://www.merriam-webster.com/thesaurus/incite

5.  Code of the District of Columbia, §22–1322. Rioting or inciting to riot