Trump’s second impeachment, Day 1 summary
There is no January Exemption AND the Senate Voted 56/44 they have Jurisdiction...sad trombones for Insurrectionist Trump
Second Impeachment of Donald J Trump Day 1 -summary:
As briefly discussed in a previous article, found here, I embedded nearly all the document currently in the Impeachment record. And noted that Trump’s attorneys attempted to create (arguably out of whole cloth) a brand new “constitutional protection” which Trump’s legal team referred to as the “January Exemption” See page 2 of the House’s Replication to the Response under the section entitled Jurisdiction - February 8, 2021 Trump Impeachment Defense Memo, found here
NEW House of Representatives Files Reply to Former President Trump’s Impeachment Trial Brief, found here, a highlighted and annotated copy, found here.The House Impeachment Manager’s Response, they come out swinging.
On page 2:
The mob he incited stormed the Capitol, bludgeoned the police with weapons, deployed chemical irritants, hunted Vice President Pence and Speaker Pelosi for their alleged “treason,” and left threatening messages for Members of Congress -all the while proclaiming proudly that they were doing President Trump’s bidding.
The House Managers rightfully put content and context into a devastating argument of Trump’s own actions and words. I have watched this video a dozen or so times and every time I watch it, it makes me profoundly angry and I don’t like or even respect Mike “Bubbles” Pence
President Trump was “delighted” that the insurrection was delaying the counting of the Electoral College votes. In an astonishing act of further incitement and betrayal, President Trump denounced his own Vice President on Twitter at the very time the mob hunted him through the halls of the Capitol.”
There is no January Exemption. Period. Full Stop
In reviewing Trump’s briefs and answers- he tried to argue that there’s some secret and mystical hidden power within our Constitution that provides him a “January Exemption” - just like “I’ll release my taxes once the…” Trump’s assertion is not only grounded in delusion but at no time did he or his impeachment attorneys proffer any case law to support his “January Exemption” because there is no such exemption. Bejesus I’m not an attorney and even I know that.
This is more important than most know. And why I specifically provided you with links to the documents (found here) At the time the Framers of our Constitution heavily relied upon British Common Law. With respect to Impeachment the Impeachment of Warren Hastings was “top of mind” - this is especially important because Warren Hastings “late impeachment” occurred nearly two years after he left Office. Which infers that the Framers would have contemplated impeachment post office, as in an ex officio President of the United States.
The impeachment of Warren Hastings
Impeachment Trial of Warren Hastings* (1785) scans of the original documents, found here or the Law Library of Congress, found here.
because I really do strive to be fair and balance, this is Trump’s opening statement by David Schoen. And yes it pains me to provide you Trump’s point of view. But his attorney screaming about democracy and fear, lay off the coffee because his statement was very displeasing and aggressive. And I’ll bet you that Trump is screaming at the top of his lungs. Because his attorneys performance was worse than watching a Lifetime Movie (whispers I have never watched a full lifetime movie)
House Impeachment Manager Video Exhibit
Trust me on this, watch the 9 minute long video that the House Impeachment Managers entered into the record. The House Democrats really did our Democracy proud today.
Whereas Trump’s defense attorneys had probably one of the most painful and awkward opening statement I’ve ever witnessed. They do not have the background in Constitutional Law but today’s performance was horrible and I don’t understand why Trump’s attorney David Schoen started crying at the end of his statement. Castor and Schoen appeared to be rambling, disjointed and completely unprepared, again I wouldn’t be surprised if Donald Trump is screaming at his attorneys.
Senate Vote on Constitutionality of Trump’s Second Impeachment:
The vote was 56-44 on the question of whether the Senate has jurisdiction and could proceed. The Following six (6) Republican Senators Votedwith Senate Democrats.
Susan Collins (Maine), Lisa Murkowski (Alaska), Mitt Romney(Utah), Ben Sasse (Neb.) and Pat Toomey (Pa.) and Bill Cassidy(Louisiana) -Senator Cassidy had previously voted with Rand Paul challenging the Constitutionality of Trump’s Second Impeachment.
Below are the agreed upon Rules of Engagement and tentative schedules and allotment of time for each side
Up to 4 hours equally divided between the Impeachment Managers and the former president’s counsel to present arguments on Tuesday February 9 on the constitutionality of the trial.
Following these arguments the Senate will vote, at a simple majority threshold, on whether the Senate has jurisdiction under the Constitution to try the former president. (If a majority votes in favor of the constitutionality of the trial, it will proceed under the provisions of the resolution as follows)
Up to 16 hours per side for the Impeachment Managers and the defense to present their case beginning Wednesday, Feb. 10 at 12:00pm EST. The resolution states that each side must use their time over no greater than two days and each day’s presentation will not exceed 8 hours.
Following presentations from both sides, a total of 4 hours for Senators to question the two parties
At the request of the Impeachment Managers, following the Senator question period, there will be 2 hours equally divided for arguments on whether it will be in order for the Senate to consider motions to subpoena witnesses and documents, if so requested. If the Senate votes in favor, then motions to subpoena witnesses or documents will be in order, and the Senate will vote on any such motions.
If witnesses or documents are subpoenaed, both parties will be allowed to depose witnesses and conduct appropriate discovery. In that event, specific provisions for the conduct of depositions, and of witness testimony in the Senate, if ordered by the Senate, would be included in a subsequent Senate resolution to be agreed to later in the trial.
Up to 4 hours equally divided between the Impeachment Managers and defense for closing arguments.
At the conclusion of closing arguments, and deliberation time for Senators, if requested, the Senate will vote on the Article of Impeachment.
Trial starts tomorrow at Noon…
February 8, 2021 Replication to the Response to the Summons of former President Donald J. Trump to the Article of Impeachment, found here
I provided you with two links to the impeachment documents of Warren Hastings in this article because research matters and there was zero chance the House Impeachment Managers would NOT reference this case,.
Today’s Senate vote on the Constitutionality of Trump’s second impeachment- which confirms the Senate does have jurisdiction- ironically is the same vote tally in…William Worth Belknap (May 1876) Library of Congress, found here. Belknap resigned, the House Impeached and the Senate Convicted Belknap on all five impeachment articles, Senate file found here (included in my previous article found here)
Vote No: 57 Tally (56-44) Agreed to;
On the Motion (Is Former) President Donald John Trump Subject to a Court of Impeachment for Acts Committed While President?): Is Former President Donald John Trump Subject to a Court of Impeachment for Acts Committed While President?
Not a day went by without searching for file411. Finally, thank goodness. Your service and expertise is so very much appreciated.
I was not impressed with the former president's lawyers. I'm glad my impressions matched those who have legitimate insight and the legal chops to comment.