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      Fact-Checking Trump's Lawyers on Day 4 of Impeachment Trial

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentFriday’s HighlightsDay 4: Key TakeawaysWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyFact CheckTrump’s Lawyers Repeated Inaccurate Claims in Impeachment TrialThe three members of the former president’s legal team made a number of misleading or false claims about the events of Jan. 6, antifa, the impeachment process and voter fraud.Former President Donald J. Trump’s defense lawyers Bruce L. Castor Jr. and Michael van der Veen arriving at the Capitol on Friday.Credit…Jason Andrew for The New York TimesFeb. 12, 2021Updated 7:52 p.m. ETAs they mounted their defense of the former president on Friday, Donald J. Trump’s lawyers made a number of inaccurate or misleading claims about the Jan. 6 riot at the Capitol, Mr. Trump’s remarks, the impeachment process and 2020 election. Many claims were echoes of right-wing talking points popularized on social media or ones that were spread by Mr. Trump himself.Here’s a fact check.Mr. Trump’s lawyers were misleading about what happened on Jan. 6.What Was Said“Instead of expressing a desire that the joint session be prevented from conducting its business, the entire premise of his remarks was that the democratic process would and should play out according to the letter of the law.” — Michael van der Veen, lawyer for Mr. TrumpFalse. In his speech on Jan. 6 and before, Mr. Trump repeatedly urged former Vice President Mike Pence to reject the certification of the Electoral College votes, saying Mr. Pence should “send it back to the States to recertify.” Mr. Trump continued his speech on Jan. 6 saying he was “challenging the certification of the election.”What Was Said“Far from promoting insurrection of the United States, the president’s remarks explicitly encouraged those in attendance to exercise their rights peacefully and patriotically.” — Mr. van der VeenThis is exaggerated. Mr. Trump used the phrase “peacefully and patriotically” once in his speech, compared with 20 uses of the word “fight.”What Was Said“As everyone knows, the president had spoken at hundreds of large rallies across the country over the past five years. There had never been any moblike or riotous behaviors.” — Mr. van der VeenThis is misleading. While no other Trump rally has led to a siege of the Capitol, there have been episodes of violence, sometimes encouraged by the president. Less than two months before the riot on Jan. 6, Mr. Trump waved to supporters who had gathered in Washington to protest his election loss and who later violently clashed with counterprotesters. Previously, other supporters had attacked counterprotesters, and in one case a BBC cameraman, at several Trump rallies. Mr. Trump called one victim “disgusting” and offered to pay the legal fees of a supporter who had punched a protester.What Was Said“Given the timeline of events, the criminals at the Capitol weren’t there at the Ellipse to even hear the president’s words. They were more than a mile away engaged in their preplanned assault on this very building.” — Bruce L. Castor Jr., another lawyer for Mr. TrumpThis is misleading. It is true that the Capitol was first breached before Mr. Trump had concluded his remarks, but this does not rule out the possibility that some rioters were inspired by his speech. In fact, several have said that they were.For example, Robert L. Bauer, who had attended Mr. Trump’s rally on Jan. 6 and entered the Capitol, told law enforcement that when Mr. Trump told the crowd to march to the Capitol (about 16 minutes into his speech), many heeded those words. Mr. Bauer “reiterated that he marched to the U.S. Capitol because President Trump said to do so,” according to a criminal complaint.Mr. Castor’s reasoning that Mr. Trump could not have incited the crowd to riot because the siege was preplanned also ignores an argument that House managers had made this week: Mr. Trump had spent months trying to invalidate the results of the election and encouraging his supporters to act.What Was Said“At no point was the president informed the vice president was in any danger.” — Mr. van der VeenThis is disputed. Comments by Senator Tommy Tuberville, Republican of Alabama, suggest otherwise. This week, Mr. Tuberville recounted that he and Mr. Trump had spoken just as the Capitol was breached before the phone call was cut short.“I said ‘Mr. President, they just took the vice president out, I’ve got to go,’” Mr. Tuberville said.They made inaccurate references to antifa, left-wing protests and the 2016 election.What Was Said“One of the first people arrested was the leader of antifa.” — Mr. van der VeenThis is misleading. Mr. van der Veen was most likely referring to John E. Sullivan, a Utah man who was charged on Jan. 14 with violent entry and disorderly conduct. Mr. Sullivan, an activist, said he was there to film the siege. He had previously referred to antifa — a loosely affiliated group of antifascist activists that has no leader — on social media, but he has repeatedly denied being a member of the movement.The F.B.I. has said there is no evidence that supporters of the antifa movement had participated in the Capitol siege.What Was Said“As many will recall, last summer the White House was faced with violent rioters night after night. They repeatedly attacked Secret Service officers, and at one point pierced a security wall, culminating in the clearing of Lafayette Square.” — Mr. van der VeenFalse. This timeline is wrong. Law enforcement officials began clearing Lafayette Square after 6 p.m. on June 1 to allow Mr. Trump to pose with a Bible in front of a church, not because of a breach. Additional security barriers were installed after those events, according to local news reports and the National Park Service.What Was Said“The entire Democratic Party and national news media spent the last four years repeating without any evidence that the 2016 election had been hacked.” — Mr. van der VeenFalse. United States intelligence agencies concluded years ago that Russia had tried to interfere in the 2016 election. The Republican-led Senate agreed last year that Russia had disrupted that election to help Mr. Trump.They mischaracterized the impeachment process.What Was Said“The House waited to deliver the articles to the Senate for almost two weeks, only after Democrats had secured control over the Senate. In fact, contrary to their claim that the only reason they held it was because Senator McConnell wouldn’t accept the article, Representative Clyburn made clear they had considered holding the articles for over 100 days to provide President Biden with a clear pathway to implement his agenda.” — David I. Schoen, another lawyer for Mr. TrumpThis is misleading. Democrats had considered delivering the article of impeachment earlier, but Senator Mitch McConnell of Kentucky, then the majority leader, precluded the possibility. In a letter on Jan. 8, he informed Republican lawmakers that the Senate was in recess and “may conduct no business until Jan. 19.”Representative James E. Clyburn, Democrat of South Carolina, suggested withholding the articles longer after Mr. McConnell made his timeline known. In an interview with CNN, Mr. Clyburn suggested Mr. McConnell was “doing what he thinks he needs to do to be disruptive of President Biden,” but Democrats might respond to that tactical delay with one of their own to “give President-elect Biden the 100 days he needs to get his agenda off and running.”What Was Said“Our Constitution and any basic sense of fairness require that every legal process with significant consequences for a person’s life, including impeachment, requires due process under the law, which includes fact-finding and the establishment of a legitimate, evidentiary record. Even last year, it required investigation by the House. Here, President Trump and his counsel were given no opportunity to review evidence or question its propriety.” — Mr. SchoenThis is misleading. The point about lack of “due process” is one that Mr. Trump’s lawyers and supporters had argued during his first impeachment and one that law scholars have dismissed.There are no “enforceable rights” to due process in a House inquiry, and while those rights exist in the Senate trial, they are limited, said Frank O. Bowman III, a law professor at the University of Missouri and an expert on impeachment.“One justice suggested something like that if it were found that the Senate was deciding cases on a coin flip, that might violate due process,” Mr. Bowman said. “Anything short of that, basically court’s not going to get involved.”Moreover, a senior aide on the House impeachment team said that the Trump legal team was given the trial material, including all video and audio footage, before the start of the proceedings.They repeated Mr. Trump’s false claims about voter fraud.What Was Said“Based on an analysis of publicly available voter data that the ballot rejection rate in Georgia in 2016 was approximately 6.42 percent, and even though a tremendous amount of new, first-time mail-in ballots were included in the 2020 count, the Georgia rejection rate in 2020 was a mere 0.4 of 1 percent, a drop-off from 6.42 percent to 0.4 percent.” — Mr. CastorThis is misleading. Georgia elections officials have repeatedly debunked this claim, which conflates the overall rejection rate for mail-in ballots in 2016 to the rejection rate specifically for signature mismatch in 2020. (Ballots can also be rejected for arriving late or not having a signature, among other reasons.)In 2016, Georgia rejected about 6.4 percent of all returned mail-in ballots and 0.24 percent of those ballots because of signature-matching issues. It is unclear what the 0.4 percent refers to, but in both 2018 and 2020, Georgia rejected 0.15 percent of mail-in ballots because of signature-matching issues.What Was Said“President Trump wanted the signature verification to be done in public. How can a request for signature verifications to be done in public be a basis for a charge for inciting a riot?” — Mr. CastorThis is misleading. Contrary to Mr. Trump’s belief and Mr. Castor’s repetition of it, Georgia does verify signatures. Georgia’s Republican secretary of state noted that the state trained officials on signature matching and created a portal that checked and confirmed voters’ driver’s licenses. In a news conference last month debunking Mr. Trump’s claims, Gabriel Sterling, a top election official in Georgia, explained that the secretary of state’s office also brought in signature experts to check over 15,000 ballots. They discovered issues with two, and after further examination, concluded that they were legitimate.“Shockingly, the disinformation continues,” Mr. Sterling tweeted during the trial.Nicholas Fandos More

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      House Managers Rest Their Case Against Trump, but Most Republicans Are Not Swayed

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsReporter AnalysisDay 3: Key TakeawaysNew Footage of AttackWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyHouse Managers Rest Their Case Against Trump, but Most Republicans Are Not SwayedTheir warning that the ex-president remains a danger to democracy and could foment still more violence if not barred from running for office again does not convince his fellow Republicans.Representative Jamie Raskin, the lead House impeachment manager, on Thursday before the start of the third day of former President Donald J. Trump’s Senate trial.Credit…Erin Schaff/The New York TimesPeter Baker and Feb. 11, 2021Updated 9:09 p.m. ETHouse impeachment managers wrapped up their emotionally charged incitement case against former President Donald J. Trump on Thursday by warning that he remains a clear and present danger to American democracy and could foment still more violence if not barred from running for office again.With the sounds of a rampaging mob still ringing in the Senate chamber, the managers sought to channel the shock and indignation rekindled by videos they showed of last month’s attack on the Capitol into a bipartisan repudiation of the former president who inflamed his supporters with false claims of a stolen election.“My dear colleagues, is there any political leader in this room who believes that if he’s ever allowed by the Senate to get back into the Oval Office, Donald Trump would stop inciting violence to get his way?” Representative Jamie Raskin, Democrat of Maryland and the lead impeachment manager, asked the senators. “Would you bet the lives of more police officers on that? Would you bet the safety of your family on that? Would you bet the future of your democracy on that?”The argument was meant to rebut Republicans who have said that holding an impeachment trial for a former president was pointless and even unconstitutional because he has already left office and can no longer be removed. But if Mr. Trump were convicted, the Senate could bar him from holding public office in the future, and the managers emphasized that the trial was aimed not at punishment but prevention.“I’m not afraid of Donald Trump running again in four years,” said Representative Ted Lieu, Democrat of California, another of the managers. “I’m afraid he’s going to run again and lose, because he can do this again.”In the final day of their main arguments, the managers also sought to pre-empt the defense that Mr. Trump’s legal team will offer on Friday by rejecting his claim that he was simply exercising his free-speech rights when he sent a frenzied crowd to the Capitol as lawmakers were counting Electoral College votes and told it to “fight like hell.” The First Amendment, managers said, does not protect a president setting a political powder keg and then lighting a match.“President Trump wasn’t just some guy with political opinions who showed up at a rally on Jan. 6 and delivered controversial remarks,” said Representative Joe Neguse, Democrat of Colorado and another manager. “He was the president of the United States. And he had spent months using the unique power of that office, of his bully pulpit, to spread that big lie that the election had been stolen to convince his followers to ‘stop the steal.’”Representative Joe Neguse, Democrat of Colorado and one of the impeachment managers, on Thursday at the Capitol.Credit…Erin Schaff/The New York TimesBut for all of the drama of the prosecution’s case, most Republican senators appeared unswayed and Mr. Trump seemed to retain enough support to block the two-thirds vote required under the Constitution for conviction on the single “incitement of insurrection” count. While a handful of Republican senators may break from the former president, others seemed to go out of their way on Thursday to express impatience with the trial, the second that Mr. Trump has faced.With Republican positions hardening and President Biden’s agenda slowed by the proceedings, Democratic senators began signaling that they had seen enough, too, and members of both parties were coalescing around a plan to bring a quick end to the trial with a vote on guilt or innocence as early as Saturday.Confident of acquittal, Mr. Trump was spotted on a golf course in Florida while his defense team prepared a truncated presentation to offer on Friday rather than take the full two days for arguments permitted by trial rules.After a much-panned preliminary appearance earlier this week, Mr. Trump’s lawyers planned to argue that he was being prosecuted out of partisan enmity, never overtly called for violence and was not responsible for the actions of his supporters.Republican senators exhibited little eagerness to defend Mr. Trump’s actions, instead explaining their likely acquittal votes by maintaining that it is unconstitutional and unwise to put a former president on trial and accusing Democrats who sometimes use fiery speech themselves of holding a political foe to a double standard. The Senate rejected the constitutionality argument on Tuesday on a 56-to-44 vote, allowing the trial to proceed, but Republicans said they were not obliged to accept that judgment.“My view is unchanged as to whether or not we have the authority to do this, and I’m certainly not bound by the fact that 56 people think we do,” said Senator Roy Blunt, Republican of Missouri. “I get to cast my vote, and my view is that you can’t impeach a former president. And if the former president did things that were illegal, there is a process to go through for that.”Senator Marco Rubio, Republican of Florida, offered similar reasoning. “What happened on Jan. 6 — I said it the moment it started — was unpatriotic, un-American, treasonous, a crime, unacceptable,” he said. “The fundamental question for me, and I don’t know about for everybody else, is whether an impeachment trial is appropriate for someone who is no longer in office. I don’t believe that it is.”A video of Mr. Trump that was to be played during the trial on Thursday.Credit…Erin Schaff/The New York TimesTo convict, at least 17 Republican senators would have to vote against the former president, a scenario that seemed implausible. But both sides were watching to see how many ultimately back prosecutors, which could still infuse the case with bipartisan credibility depending on the number.All eyes were on the six Republicans who voted with Democrats this week to reject Mr. Trump’s constitutional objection — Senators Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Patrick J. Toomey of Pennsylvania.No other Republican has signaled readiness to vote for conviction. In fact, after sitting silent through the managers’ harrowing video presentation a day earlier, several of them on Thursday began to flaunt their fatigue with the trial as the managers made their latest arguments.Senator Rick Scott of Florida could be seen filling out a blank map of Asia. Senator Thom Tillis of North Carolina retreated to his party’s cloakroom to read on his phone. At points, a dozen or more Republican senators were away from their mahogany desks.“To me, they’re losing credibility the longer they talk,” Senator James M. Inhofe, Republican of Oklahoma, said of the managers.But the managers argued that the president’s actions posed a threat to democratic institutions, the culmination of months of incendiary lies about election fraud meant to generate support for his effort to hang onto power despite the will of the voters. In their presentations, the managers played clips showing Mr. Trump repeatedly telling backers that they had to stop the election from being finalized.They likewise made the case that Mr. Trump had shown a propensity for mob violence over the years, regularly encouraging supporters at rallies to “knock the crap” out of hecklers and praising a congressman who body-slammed a reporter as “my kind of guy.” The managers reminded the senators of Mr. Trump’s infamous comment that there were “very fine people on both sides” after a white supremacist march in 2017 in Charlottesville, Va., turned deadly and noted that he did nothing to discourage armed extremists who stormed Michigan’s statehouse last year.The Capitol has been surrounded by fencing since soon after the attack on Jan. 6.Credit…Jason Andrew for The New York TimesThey made the point that Mr. Trump not only incited the crowd on Jan. 6 but disregarded pleas from fellow Republicans to more explicitly call on the rioters to stop the attack, endangering his own vice president, Mike Pence, whom he blamed for not trying to overturn the election. Even as 16 members of his own administration quit in protest, Mr. Trump offered no remorse and defended his actions as “totally appropriate.”“President Trump perverted his office by attacking the very Constitution he was sworn to uphold,” Mr. Raskin said.Representative David Cicilline, Democrat of Rhode Island, quoted a police officer shaken by the Capitol siege and asking if this was still America.“Is this America?” Mr. Cicilline repeated, turning the query toward the senators. “What is your answer to that question? Is this OK? If not, what are we going to do about it?”In their days of presentations, the nine-member team of managers tried to apply lessons from last year’s impeachment trial of Mr. Trump. The team is generally younger with less experience in Congress — Mr. Neguse is just 36 — but collectively more polished. And they made a point of trying to avoid the endless repetition of last year’s presentations that turned off senators in both parties, keeping to a more rigorous division of labor to weave a tight narrative.Where last year’s trial allowed each side up to 24 hours over three days for arguments, this year’s managers used only about 10 of the 16 hours they were allotted. They were also less confrontational as they addressed Republican senators, who in response praised their performance even if it did not change their minds about the case. And unlike their predecessors, they had the advantage of video footage documenting the events at issue, which many of them lived through.Aware that senators want to wrap up the trial, Mr. Raskin’s team appeared unlikely to ask for witnesses, another departure from last year when a request for live testimony generated fierce debate and was eventually rebuffed by the Republican majority at the time.David I. Schoen, one of the former president’s lawyers, on Thursday at the Russell Senate Office Building.Credit…Anna Moneymaker for The New York TimesMr. Trump’s current legal team also seemed intent on trying not to tax the senators’ patience. David I. Schoen, one of the former president’s lawyers, said they would use just three to four of their 16 hours, allowing the senators to proceed to their own question-and-answer period later Friday and most likely a final vote by Saturday.Given that the senators lived through the Capitol siege, both sides indicated they were familiar enough with the issues to make a decision by the weekend.“It’s a pretty clear picture at this point,” said Senator Martin Heinrich, Democrat of New Mexico. “If you can live through that and see the totality of it in one place, and not think that these things are directly connected — that’s hard to imagine.”Emily Cochrane More

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      How New Yorkers Are Shaping the Trump Impeachment Trial

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveTrial HighlightsDay 2: Key TakeawaysVideo of Jan. 6 RiotWhat to Expect TodayWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyNew York TodayHow New Yorkers Are Shaping the Trump Impeachment TrialFeb. 11, 2021, 5:19 a.m. ET [Want to get New York Today by email? Here’s the sign-up.]It’s Thursday. [embedded content]Weather: Snow tapers off in the morning, and there may be a little sun later. High in the mid-30s. Alternate-side parking: Suspended today for Lunar New Year’s Eve. Credit…Anna Moneymaker for The New York TimesAs the second impeachment trial for former President Donald Trump unfolds, New Yorkers in Congress are playing key roles.Last month, 20 New York representatives voted for impeachment, while six were against. Senator Chuck Schumer, Democrat of New York and the majority leader, helped set the structure of the trial.Convicting Mr. Trump would require a two-thirds majority in the Senate. If that happened, the Senate could then vote on whether to bar Mr. Trump from ever holding office again.[A complete timeline of Trump’s second impeachment.]Here’s what senators and representatives from New York are saying about the impeachment trial:Senator Chuck SchumerFor weeks, Mr. Schumer worked with Senate minority leader, Mitch McConnell of Kentucky, to set the rules and procedures governing the trial. On Monday, the two Senate leaders reached a deal.“A president cannot simply resign to avoid accountability for an impeachable offense,” Mr. Schumer said on the Senate floor that day. “This trial will confirm that fact.”Aside from the trial, Mr. Schumer is working to pass a huge coronavirus relief bill and pushing a plan to cancel $50,000 in student loan debt for each borrower.House DemocratsAs the trial began, many New York Democrats continued to voice their support for impeachment.On Tuesday, Representative Hakeem Jeffries, a Democrat who serves parts of Brooklyn and Queens, and was an impeachment manager at the first trial last year, wrote on Twitter that the country needs to “defeat authoritarianism” and that “today we take another important step in that journey.”A television interview from 2018 with Representative Alexandria Ocasio-Cortez, who represents parts of the Bronx and Queens, was used in a video montage by Mr. Trump’s defense team to argue that some Democrats have called for Mr. Trump’s impeachment since the outset of his presidency.House RepublicansRepresentative John Katko, who represents Syracuse, was the only Republican from New York to vote in favor of the impeachment. In explaining his vote, Mr. Katko revealed that a former intern of his was beaten during the Capitol riot last month that led to the impeachment charge against Mr. Trump.“To allow the president of the United States to incite this attack without consequences is a direct threat to the future of this democracy,” Mr. Katko said on the House floor.Staunch supporters of the president continued to stand their ground, including Representative Nicole Malliotakis, who represents Staten Island and part of South Brooklyn. “For the second time,” she wrote Tuesday on Twitter, “Democrats have engaged in an unfounded, partisan impeachment process that cheapens the pillars of our democracy.”From The TimesTrump Justice Department Sought to Block Search of Giuliani RecordsEric Garner’s Mother Backs McGuire for Mayor Over Progressive RivalsSpringsteen Faces Drunken Driving Charges in New JerseyNew York to Let Fans in Sports Stadiums and ArenasIs the Mayor of an Exclusive Hamptons Enclave a Squatter? It’s ComplicatedWant more news? Check out our full coverage.The Mini Crossword: Here is today’s puzzle.What we’re readingThe Christopher Street PATH station has the filthiest air of all Northeast transit hubs, according to a New York University study. [New York Post]The New York Police Department removed the last of the barricades surrounding Trump Tower. [Gothamist]Five current and former Long Island Rail Road employees pleaded not guilty to charges of falsely claiming more than $1 million of overtime. [Daily News]And finally: Remembering Joe AllenThe Times’s Peter Khoury writes:The coolest bar stool in Midtown just may be on the second floor of a townhouse on West 46th Street. There — before the pandemic — you could slip onto a zebra-print stool near a window, take in the theater crowd milling about outside on Restaurant Row and enjoy a cocktail among Broadway luminaries, in a bar that is perhaps Manhattan’s best homage to the buzzy New York nightclubs of yesteryear.That place, Bar Centrale, opened in 2005 and was a last hurrah of sorts for Joe Allen, the storied theater district restaurateur who died on Sunday, less than two weeks shy of his 88th birthday.If you didn’t know Joe Allen, you might not have realized that he was, at times, sitting at the same bar as you, drinking Stella Artois or red wine. Largely reserved and comfortably dressed, he did not advertise himself. He didn’t need to.He opened the restaurant Joe Allen, next door to Bar Centrale, in 1965, and later created Orso, which is directly below Bar Centrale.I’ve been going to Joe Allen for more than two decades, but I didn’t really get to meet the man until he opened Bar Centrale. We’d chat at the bar, and he’d invariably ask about something in the news. His interest in The Times was such that even the placement of the crossword puzzle interested him.[Read the full appreciation by Mr. Khoury.]Joe was not morbid about death. He told me a few years ago that when you die doesn’t matter — “it’s how.” He had been in declining health and died peacefully in New Hampshire.His quiet end belies the indelible mark Joe left on the restaurant world, particularly in the theater district, where his three restaurants have temporarily closed during the pandemic. There, he remains as classic as the old black-and-white movies that continuously play without sound on a screen at Bar Centrale that you can see from the coolest bar stool in Midtown.It’s Thursday — raise a glass.Metropolitan Diary: Her mum’s hand Dear Diary:I was brushing my teeth one morning, and I looked down at my hand resting on the counter. It was my mum’s hand.I grew up in College Point, Queens. My mother never drove a car here in America, although she had driven a farm tractor back in Scotland as a teenager. So, my mother and father walked, and, as children, so did we. (If we needed to go to Flushing, we took the bus.)My predominant memory of walking with my mum when I was little is how fast she walked. I quickly learned to look both ways and to run across the street.Walking with my mother, I always hung on tightly to her hand. I was afraid to let go. I remember feeling like my feet left the ground when her skirts whipped around my legs as we walked. Block after block, my hand hung on to hers; it was my job not to get lost.I never liked my mother’s hands, who knows why? I have always grown my fingernails long to make sure our hands looked different (though not so long now that I am nearing my late 60s).When I was young, I was told I had pretty hands. Now I see she must have had pretty hands when she was young, too. I used to ask her to pet my head. I remember her hands were gentle.Yes, I have my mum’s hands. I’d say they are identical.— Nancy Hope FischerNew York Today is published weekdays around 6 a.m. Sign up here to get it by email. You can also find it at nytoday.com.What would you like to see more (or less) of? Email us: nytoday@nytimes.com.AdvertisementContinue reading the main story More

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      House Lays Out Case Against Trump, Branding Him the ‘Inciter in Chief’

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsDay 2: Key TakeawaysVideo of Jan. 6 RiotHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyHouse Lays Out Case Against Trump, Branding Him the ‘Inciter in Chief’The Democratic House impeachment managers opened their case against the former president with a narrative of his monthslong effort to overturn the election and raw footage of the Jan. 6 Capitol attack.Delegate Stacey Plaskett of the U.S. Virgin Islands, left, with House impeachment managers and staff on Wednesday during a break in former President Donald J. Trump’s Senate impeachment trial.Credit…Erin Schaff/The New York TimesFeb. 10, 2021Updated 9:48 p.m. ETWASHINGTON — The House impeachment managers opened their prosecution of Donald J. Trump on Wednesday with a meticulous account of his campaign to overturn the election and goad supporters to join him, bringing its most violent spasms to life with never-before-seen security footage from the Jan. 6 Capitol riot.Filling the Senate chamber with the profane screams of the attackers, images of police officers being brutalized, and near-miss moments in which Vice President Mike Pence and lawmakers came steps away from confronting a mob hunting them down, the prosecutors made an emotional case that Mr. Trump’s election lies had directly endangered the heart of American democracy.They played frantic police radio calls warning that “we’ve lost the line,” body camera footage showing an officer pummeled with poles and fists on the West Front of the Capitol, and silent security tape from inside showing Mr. Pence, his family and members of the House and Senate racing to evacuate as the mob closed in, chanting: “Hang Mike Pence! Hang Mike Pence!”All of it, the nine Democratic managers said, was the foreseeable and intended outcome of Mr. Trump’s desperate attempts to cling to the presidency. Reaching back as far as last summer, they traced how he spent months cultivating not only the “big lie” that the election was “rigged” against him, but stoking the rage of a throng of supporters who made it clear that they would do anything — including resorting to violence — to help him.The managers argued that it warranted that the Senate break with two centuries of history to make Mr. Trump the first former president to be convicted in an impeachment trial and disqualified from future office on a single count of “incitement of insurrection.”“Donald Trump surrendered his role as commander in chief and became the inciter in chief of a dangerous insurrection,” Representative Jamie Raskin, Democrat of Maryland and the lead manager, told the senators. They watched the footage in silence in the same spots where they had been when the mob breached the building last month.“He told them to ‘fight like hell,’” Mr. Raskin added, quoting the speech that Mr. Trump gave supporters as the onslaught was unfolding, “and they brought us hell on that day.”House managers watching the second day of the trial from an ante room off the floor of the Senate on Wednesday.Credit…Erin Schaff/The New York TimesThough the House managers used extensive video evidence of the Jan. 6 riot to punctuate their case, they spent just as much time placing the event in the context of Mr. Trump’s broader effort to falsely claim the election had been stolen from him, portraying him as a president increasingly desperate to invalidate the results.“With his back against the wall, when all else has failed, he turns back to his supporters — who he’d already spent months telling that the election was stolen — and he amplified it further,” said Representative Joe Neguse, Democrat of Colorado.After dozens of frivolous lawsuits failed, the managers said, Mr. Trump began pressuring officials in key battleground states like Michigan, Pennsylvania and Georgia to overturn his losses there. When that failed, he tried the Justice Department, then publicly attempted to shame Republican members of Congress into helping him. Finally, he insisted that Mr. Pence assume nonexistent powers to unilaterally overturn their loss on Jan. 6, when the vice president would oversee the counting of the electoral votes in Congress.“Let me be clear: The president was not just coming for one or two people, or Democrats like me,” said Representative Ted Lieu of California, looking out at senators. “He was coming for you.”At the same time, the managers argued, the president was knowingly encouraging his followers to take matters into their own hands. When an armada of his supporters tried to run a Biden campaign bus off the highway in October, Mr. Trump cheered them on Twitter. He began adopting increasingly violent language, they noted, and did nothing to denounce armed mobs cropping up in his name in cities around the country. Instead, he repeatedly invited them to Washington on Jan. 6 to rally to “stop the steal” as Congress met to formalize President-elect Joseph R. Biden Jr.’s victory.“When he saw firsthand the violence that his conduct was creating, he didn’t stop it,” Mr. Neguse said. “He didn’t condemn the violence. He incited it further and he got more specific. He didn’t just tell them to fight like hell. He told them how, where and when.”At times, the presentation, delivered by a group of Democrats with extensive courtroom experience, resembled a criminal prosecution — only in this case, the jury was made up of senators who were also witnesses struggling as they relived in graphic detail the trauma of that day.Delegate Stacey Plaskett of the U.S. Virgin Islands guided them through much of the video, including scenes of rioters inside the Capitol tauntingly calling for Speaker Nancy Pelosi and flooding into her office just after aides had raced to barricade themselves in a conference room and hid under a table.“Nancy! Oh, Nancy! Where are you, Nancy?” one of the invaders could be heard shouting in a singsong voice.“That was a mob sent by the president of the United States to stop the certification of an election,” Ms. Plaskett said. “President Trump put a target on their backs, and his mob broke into the Capitol to hunt them down.”Glued to their desks, some senators recoiled or averted their eyes from the hours of footage, including of their own evacuation as the mob closed in just down a corridor.“It tears at your heart and brings tears to your eyes,” said Senator Mitt Romney, Republican of Utah, who could be seen in one of the videos racing back toward the Senate for safety. “That was overwhelmingly distressing and emotional.”Senator Mitt Romney on Wednesday at the Capitol. “That was overwhelmingly distressing and emotional,” he said of the videos the House managers presented.Credit…Alyssa Schukar for The New York TimesSenator John Thune of South Dakota, the No. 2 Senate Republican, conceded that the managers had “done a good job connecting the dots” and recreating a “harsh reminder of what happens when you let something like that get out of hand.” Five people died in connection to the mayhem, including a Capitol Police officer, and more than 100 were injured.But for all of the power of their case, the managers’ task remained an exceedingly steep one, and it was unclear if they had made any headway. Senators voted narrowly to proceed with the trial on Tuesday, but only six Republicans joined Democrats in deeming it constitutional to judge an official no longer in office, foreshadowing Mr. Trump’s likely acquittal.Many of the same Republicans who had been hostile to hearing the case did not dispute on Wednesday the horror of the attack, but they suggested it was the rioters, not the former president who retains heavy sway over their party, who are culpable.“Today’s presentation was powerful and emotional, reliving a terrorist attack on our nation’s capital,” said Senator Ted Cruz, Republican of Texas. “But there was very little said about how specific conduct of the president satisfies the legal standard.”Short of persuading 34 Republicans to join Democrats to achieve the two-thirds majority necessary to convict, the Democratic managers directed their arguments at the American public and at history in an attempt to bury Mr. Trump’s popular appeal and lay down a clear marker for future presidents.The trial was proceeding at a blistering pace. Prosecutors were expected to take several more hours on Thursday before Mr. Trump’s lawyers will have two days to mount a defense. The Senate could render a verdict as soon as the weekend.Mr. Trump’s lawyers, who made a much-criticized debut on Tuesday, are expected to assert that the former president was not trying to incite violence or interfere with the electoral process. Rather, they will argue, he merely wanted to urge his supporters to demand general election security reforms, an argument that requires ignoring much of the evidentiary record.Though they have sought not to repeat Mr. Trump’s outlandish claims that the election was “stolen” from him, the lawyers will also insist they amount to constitutionally protected free speech for which the Senate cannot punish him.The House managers, though, argued that Mr. Trump clearly incited the attack, thus violating his oath of office to protect the Constitution. Prosecutors walked senators through his speech just before the mob closed in, playing again and again clips of him urging the thousands on hand to “fight like hell” alongside others, shot from the crowd, featuring a drastic response from the audience: “Take the Capitol.”A National Guard soldier in the Capitol Rotunda on Wednesday. Guard troops have been on patrol there since last month.Credit…Jason Andrew for The New York Times“This violent attack was not planned in secret,” Ms. Plaskett said. “The insurgents believed they were doing the duty of their president — they were taking his orders.”To bolster their analysis, the managers turned to an unlikely group: the hundreds of people already charged with executing the riot who in interviews and court records leave little doubt that they believed they were delivering to Mr. Trump what he asked for.But it was all a prelude to a vivid recreation of the attack itself meant to drive home the enormity of what the managers said Mr. Trump had unleashed. Mindful that individual lawmakers still had only a limited view of the day, they used a computer generated model of the Capitol to show in precise detail the mob’s movements over time relative to members of Congress.In one jarring scene, Senator Chuck Schumer, Democrat of New York and the minority leader at the time, was shown literally running with a security detail through the basement of the Senate in search of safety. Representative Eric Swalwell of California, another of the impeachment managers, told senators he had counted 58 steps between where senators could be seen scurrying toward a secure location and where armed extremists were massing.Instead of intervening to help as the Capitol fell, the managers asserted that Mr. Trump simply stood back and watched in a “dereliction of duty” as the second and third in line to the presidency were put in peril. Citing news reports and accounts from Republican senators themselves who contacted the White House desperate for the president to call off the attack or send in security reinforcements, the managers said the evidence suggested Mr. Trump refused because he was “delighted” with what he saw unfolding.“When the violence started, he never once said the one thing everyone around him was begging him to say,” Representative Joaquin Castro of Texas said. “‘Stop the attack.’”Emily Cochrane More

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      What Do ‘Right’ and ‘Wrong’ Mean to the G.O.P.?

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWhat Do ‘Right’ and ‘Wrong’ Mean to the G.O.P.?These politicians are still bowing to their alpha — Trump.Opinion ColumnistFeb. 10, 2021Credit…Devin Oktar Yalkin for The New York TimesIt cannot be said often enough: The first rule of politics is survival.This is a sad but pervading truth. We like to think that politicians are driven above all else by a sense of public service, a fundamental belief in the efficacy of government and in the defense of democracy.Surely that is true of some. But we are ever reminded that too many elected officials’ primary impulse is the pursuit, acquisition and maintenance of power. Power is the politicians’ profession. So just like a pack of animals, they willingly, gleefully subjugate themselves to the one among them with the most power.We see that playing out before our eyes in the second impeachment trial of Donald Trump for inciting an insurrection, a high crime of which he is clearly guilty.All but six Republican senators voted that the trial itself was unconstitutional, even though constitutional scholars overwhelmingly disagree.These politicians are still bowing to their alpha — Trump. In the early days of Trump’s presidency, Republicans in Congress either cozied up to him or sat in silence as his demagogy ensnared and entranced the Republican base.For years — decades even — the conservative elite had alternately tolerated, recruited or activated racists, white nationalists and white supremacists. The elite have their own versions of these biases, but they thought themselves more erudite and tactical, not brash and brazen. They would use surgical tools of voter suppression, states’ rights campaigns and defense of marriage and the unborn to advance their goals in a way they saw as honorable.But Trump saw the voters that the elites kept under the stairs, the ones they want to excite only around election time. He saw the resentment and rage in them. He saw that their voices had been muted and their tongues chastened.He drew them out. He let them vent. He allowed them to see they were indeed the majority of the party. He offered to be their leader, their white knight of white power, and they accepted. They grew loud and strong and he fed them red meat. They rampaged and he basked in the glow of the blaze.Leader and followers had found each other. Now the traditional Republicans were on the run or on the ropes. Rather than become victims of the mob, they yielded to it. They tried to tap into it. They tried to grab the reins of it.But this mob had only one leader: Trump. It was a cult of personality. It was a religion with one god. And that god is a jealous god. And vindictive. And mean.Anyone who would dare forsake Trump runs the risk of being smote by him, and targeted by his minions. To diverge from Trump is essentially to abdicate power, and for a career politician that is a fate worse than death.So, we watch the impeachment trial, with the impressive and clear presentation by the House impeachment managers of evidence that we already knew and some that we didn’t. We are reminded of just how heinous an episode that attempted insurrection was, that people were killed and injured.We are reminded that there were those in that band of terrorists who wanted to take even more murderous actions, but simply didn’t happen upon the opportunity and targets.And, in the end, you have to ask yourself only one question to convict Trump: Would this attempted insurrection have happened without him? The answer is no.For months Trump lied about the election and pumped into his followers the fallacy that something had been stolen from them and that they needed to fight with all they had to reclaim it. Then there are all the things he said on the eve of the assault on the Capitol, during it and even after it.Trump refused to accept that his white power presidency was coming to an end, in part because of Black and brown voters in some key states, so he asked his white power patriots to come to his defense, to help overturn a fair election.They responded, loyally, to the party leader who had truly seen them, who didn’t condemn their bigotries but amplified them. They saw themselves in Trump, and they still do.The Republicans in Congress are still afraid of their own base, their own constituencies in their own districts and states, because the Trump rot reaches down to the root. Their voters belong to Trump, therefore their futures are in Trump’s hands.Trump is essentially running a defection minority government from political exile.Republicans dare not cross him, even if they know that he is wrong, even if they know that what he did to incite the insurgency is wrong, even if they know that voting to convict him is right.Right and wrong have taken on new meanings in this Republican Party: to be right is to side with Trump, unwaveringly, while the only wrong is to do the opposite.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and Instagram.AdvertisementContinue reading the main story More

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      Why Bill Cassidy Broke With Senate Republicans and Backed Trump’s Trial

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveTrial HighlightsDay 2: Key TakeawaysVideo of Jan. 6 RiotWhat to Expect TodayWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyWhy Bill Cassidy Broke With Senate Republicans and Backed Trump’s TrialThe Louisiana senator, usually a reliable conservative vote, angered Republicans by voting to continue with the impeachment trial. But he has increasingly shown an inclination toward pragmatism.Senator Bill Cassidy, Republican of Louisiana, voted this week to move forward with the Senate impeachment trial of former President Donald J. Trump.Credit…Alyssa Schukar for The New York TimesFeb. 10, 2021Senator Bill Cassidy of Louisiana did not just vote this week with Democrats to proceed with the impeachment trial of former President Donald J. Trump — he also effectively shamed his fellow Republican senators by voicing, and acting on, what many of them were surely thinking.Mr. Cassidy blistered Mr. Trump’s lawyers as “disorganized” and seemingly “embarrassed by their arguments,” explaining that their poor performance and the compelling case by the Democratic House impeachment managers had persuaded him to break from his party’s attempt to dismiss the proceedings on constitutional grounds.“If I’m an impartial juror, and one side is doing a great job, and the other side is doing a terrible job, on the issue at hand, as an impartial juror, I’m going to vote for the side that did the good job,” he told reporters on Tuesday. He did, though, emphasize on Wednesday that his view on constitutionality did not “predict my vote on anything else,” namely whether to convict Mr. Trump, saying only that he had an “open mind.”By becoming the only Senate Republican to switch his position from the one he held last month on a similar question about the constitutionality of holding an impeachment trial for a person no longer in public office, however, Mr. Cassidy delighted Louisiana Democrats, angered Republicans in his home state and presented himself as a one-man testimony of why Mr. Trump’s eventual acquittal is all but inevitable.“There is literally nothing that the Trump lawyers could do to change any of these other Republicans’ minds,” said Senator Brian Schatz, a Hawaii Democrat. “They couldn’t have tanked it on purpose any worse than they did, and they still only lost one.”That Mr. Cassidy was that sole senator to be lost, joining the five Republicans who also sided with Democrats in January on the constitutionality of the trial, may have seemed surprising at first glance. After all, he has been a fairly reliable conservative vote since being elected to the Senate in 2014, and Louisiana just handed Mr. Trump a 19-percentage-point victory over President Biden.Yet Mr. Cassidy, a 63-year-old physician, also has an iconoclastic streak and can be quirky. A devoted fan of his alma mater’s football program, Mr. Cassidy can rattle off the precise number of Louisiana State University football players who have left college early to be drafted into the N.F.L.One fellow Louisianian, former Representative Cedric Richmond, who in 2014 said that the “dude is weird,” put it more delicately on Wednesday. “He has always been independent,” said Mr. Richmond, a Democrat who served in Congress with Mr. Cassidy and is now a senior adviser to Mr. Biden, calling the senator’s vote a “profile in courage.”Mr. Cassidy is part of an increasingly vocal group of red-state Senate Republicans who, having spent more time in their careers confirming judges than legislating, are eager to work with Mr. Biden and their Democratic colleagues.Mr. Cassidy signaled his very public turn toward pragmatism less than a month after cruising to re-election last year by 40 points.First, he became the most prominent Louisiana Republican, and one of only a few G.O.P. senators in the South, to acknowledge in November that Mr. Biden had won the election.Then he left no doubt about his intentions with a decidedly Louisiana touch. He showed up at a Capitol Hill news conference in December bearing Mardi Gras beads to make the case for state and local aid in a coronavirus relief package, warning that cities like New Orleans were being financially battered without tourist dollars.In joining a bipartisan Senate “gang” after his landslide re-election to push for what eventually became the $900 billion measure that Mr. Trump signed in December, a seemingly liberated Mr. Cassidy indicated that he would use his next, and perhaps final, six-year term as a constructive force in Congress for a state confronting profound economic, public health and environmental challenges exacerbated by the pandemic.“I’m 63 years old, I am a senator because I love my country, I love my state, and I am going to work my hardest for my state and my country,” he said after that December news conference, adding with a shrug: “I want my state and my country to do well and what comes, comes.”If that approach makes for a sharp contrast with Senator John Kennedy — his fellow Louisiana Republican, who delights in dishing one-liners on cable television — it puts him in league with an emerging group of G.O.P. lawmakers more interested in accruing legislative accomplishments than Fox News appearances.This coalition includes some of the Republican senators who visited the White House to discuss the next virus package with Mr. Biden this month. Their ranks include not just moderate stalwarts like Susan Collins of Maine and Lisa Murkowski of Alaska but also more conservative lawmakers like Todd Young of Indiana, Shelley Moore Capito of West Virginia and Jerry Moran of Kansas.“We’re looking for solutions,” said Mr. Young, who until recently was the chairman of the Senate Republican campaign arm and is eager to turn back to policy.Mr. Schatz, who is friendly with some of these senators, put a finer point on their motivation: “If I’m going to suffer through the Trump era, then I may as well enact some laws.”In Louisiana, though, the thoroughly Trumpified Republican Party expects only continued fealty to the former president.Mr. Cassidy confronted immediate criticism for his vote and comments on Tuesday.“I received many calls this afternoon from Republicans in Louisiana who think that @SenBillCassidy did a ‘terrible job’ today,” Blake Miguez, the State House Republican leader, wrote on Twitter, repurposing Mr. Cassidy’s critique of Mr. Trump’s lawyers. “I understand their frustrations and join them in their disappointment.”Even a fellow member of the Louisiana congressional delegation, Representative Mike Johnson, weighed in. “A lot of people from back home are calling me about it right now,” noted Mr. Johnson, a Republican, who said he was “surprised” by Mr. Cassidy’s move.Perhaps he should not have been.As Stephanie Grace, the longtime political columnist for The Times-Picayune in New Orleans, wrote in a December piece anticipating Mr. Cassidy’s shift, he “has long been part of bipartisan efforts to solve problems, even if his solutions probably go too far for some Republicans and stop way short of what many Democrats want.”Mr. Cassidy, a former Democrat like Mr. Kennedy and many Southern Republicans their age, has long been less than dogmatic on health care, a viewpoint he formed working in his state’s charity hospitals. This has always been more than a little ironic to Louisiana political insiders, given that in 2014 he unseated Senator Mary Landrieu, a Democrat, thanks to conservative attacks on former President Barack Obama and the Affordable Care Act. (On Wednesday, Ms. Landrieu said of Mr. Cassidy, “Many people in Louisiana are proud of him, including me.”)Yet by 2017, during the heated debate over whether to repeal the health care law, Mr. Cassidy was warning that to kick people off their insurance or make coverage unaffordable would only shift costs back to taxpayers by burdening emergency rooms.“If you want to be fiscally responsible, then coverage is better than no coverage,” he said at the time, conceding that Congress had established “the right for every American to have health care.”Such remarks, like much else policy-related in the Trump era, were overshadowed by the incessant White House drama. But Mr. Cassidy’s turn toward the political middle isn’t lost on Louisiana Democrats now.“He seems to be developing this moderate, deal-making persona,” said Mandie Landry, a state representative from Louisiana. “Kennedy has become so out there and embarrassing that it gives Cassidy some space, especially if he’s not running again.”That was clear enough from the senator’s comportment on Wednesday morning, when he seemed to evoke the most memorable lyrics of the Louisiana-inspired song “Me and Bobby McGee”: “Freedom’s just another word for nothing left to lose.”Happily striding to the microphone set up for television cameras in the Capitol basement to take questions, Mr. Cassidy acknowledged that the reaction in Louisiana to his vote had been “mixed.”Then he continued.“It is Constitution and country over party,” he said of his approach. “For some, they get it. And for others, they’re not quite so sure. But that’s to be expected.”AdvertisementContinue reading the main story More

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      Why Trump's Second Impeachment Is a Visceral Reckoning

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey TakeawaysReporter AnalysisWhere Senators StandHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storynews analysisThe First Trial Seemed Abstract. This One Is a Visceral Reckoning Over Trump.At issue will be many aspects that defined Donald Trump’s presidency: his relentless assaults on truth, his fomenting of divisions, his shattering of norms and his undermining of an election.House impeachment managers watching the prosecution’s display of video from the Jan. 6 assault on the Capitol during the trial on Monday. The video made clear how different this trial will be from the one a year ago.Credit…Erin Schaff/The New York TimesFeb. 9, 2021Updated 9:23 p.m. ETThis was no phone call transcript, no dry words on a page open to interpretation. This was a horde of extremists pushing over barricades and beating police officers. This was a mob smashing windows and pounding on doors. This was a mass of marauders setting up a gallows and shouting, “Take the building!” and “Fight for Trump!”As the United States Senate opened an unprecedented second impeachment trial of former President Donald J. Trump on Tuesday amid the echoes of history, the House managers prosecuting him played powerful video images of last month’s deadly assault on the Capitol that made abundantly clear how different this proceeding will be from the first.Where the case against Mr. Trump a year ago turned on what might have seemed like an abstract or narrow argument about his behind-the-scenes interactions with a far-off country, Ukraine, the case this year turns on an eruption of violence that Americans saw on television with their own eyes — and that the senators serving as jurors experienced personally when they fled for their lives.Rather than a judgment of where foreign policy turns into political excess, this sequel trial amounts to a visceral reckoning over Mr. Trump’s very presidency. At issue in the Senate chamber over the coming days will be many of the fundamental aspects that defined Mr. Trump’s four years in power: his relentless assaults on truth, his deliberate efforts to foment divisions in society, his shattering of norms and his undermining of a democratic election.Still, this trial may end up with the same verdict as the last one. On a test vote on the constitutionality of prosecuting a president after he leaves office, 44 Republicans on Tuesday stood by Mr. Trump, a measure of his enduring sway within his party and a signal that he most likely will win the 34 votes he needs for acquittal given the two-thirds supermajority required for conviction.But if the six Republicans who voted to proceed also vote to convict him for inciting an insurrection, it will be the most senators to break from a president of their own party in any impeachment trial in American history.“I would not have thought it when I was sitting on the Senate floor trying the first impeachment — it turns out that was just the opening act,” said Norman L. Eisen, a lawyer for House Democrats during last year’s trial on Mr. Trump’s pressure on Ukraine for political help. “The second one crystallizes all the anti-democratic elements that characterized Trump’s tenure and his Ukraine high crimes but brings them to an even higher pitch.”The emotional punch of this case was evident on the Senate floor on Tuesday. Sitting in what amounted to the crime scene, the same chamber they evacuated just a month ago moments before Mr. Trump’s supporters stormed in, some of the senators watched raptly as the scenes of violence played out on the screens before them. Others turned away.The lead House manager, Representative Jamie Raskin, Democrat of Maryland, choked up as he recounted bringing his daughter and son-in-law to the Capitol that day, just a day after burying his 25-year-old son, only to have them sending farewell texts and making whispered goodbye phone calls because “they thought they were going to die.”Damage from the mob attack remained at the Capitol even as the impeachment trial got underway. Credit…Alyssa Schukar for The New York Times“Make no mistake about it, as you think about that day, things could have been much worse,” said Representative David Cicilline, Democrat of Rhode Island, another of the managers. “As one senator said, they could have killed all of us.”Mr. Trump’s defense team recognized the power of the other side’s presentation, with one of his lawyers, Bruce L. Castor Jr., admitting that the managers had done a good job in offering their case and even acknowledging that voters rejected Mr. Trump. But they complained that the House team was playing to emotions rather than law or reason, trying to rile up senators with inflammatory images and then twisting his words to unfairly blame the violence on Mr. Trump.David I. Schoen, another of the former president’s lawyers, said the videotape was “designed by experts to chill and horrify you and our fellow Americans” as if an impeachment trial “were some sort of blood sport.”“It is again for pure, raw, misguided partisanship,” Mr. Schoen added. “They do not need to show you movies to show you that the riot happened here. We will stipulate that it happened and you know all about it.”There is, of course, a certain paradox in a lawyer for a reality-show president complaining about the power of visual images. The longtime star of “The Apprentice” appreciates better than most how to tell a story on television.There was no compelling video in the Ukraine case, just recordings of people testifying to events the viewers could not watch themselves. None of the senators who rendered last year’s verdict felt physically threatened by Mr. Trump’s telephone call with Ukraine’s president seeking help smearing his Democratic opponent, Joseph R. Biden Jr.“This impeachment is a more of a made-for-television event, which is something the former president surely understands,” said Michael D’Antonio, a Trump biographer. “Where the previous one involved many narrative strands, a long span of time and very little action, this one offers a compact story with escalating tensions and a violent conclusion.”It also raises a broader indictment of Mr. Trump, one that may not seem quite so removed to everyday Americans who had little interest in Ukraine or saw Mr. Trump’s interventions there as politics as usual.When House Democrats moved to impeach Mr. Trump the first time, they debated whether to advance as many as 10 articles of impeachment charging him with all sorts of crimes, including obstructing the Russia investigation, authorizing hush money for women to cover up sexual affairs, illegally diverting money to his border wall and profiting personally from his office.Instead, they opted for the more circumscribed case involving Ukraine because they thought it was easiest to prove.Even some Republican senators agreed by the end of last year’s trial that Democrats had proved the case — they just did not deem it significant enough to merit conviction and removal from office. As a result, Mr. Trump emerged emboldened by his acquittal.This time, other than his staunchest allies, most Republican lawmakers are not defending Mr. Trump’s actions nor arguing that they were not impeachable. Instead, they have focused on process or politics, maintaining that it is unconstitutional to try a former president or a distraction from serious issues like fighting the coronavirus pandemic.But the case that will play out over the next week will put the most aberrant elements of Mr. Trump’s presidency on display. For four years, he played to the crowd, stirring anger, whipping up us-against-them conflicts and at times encouraging violence. He peddled dishonest versions of reality to suit his political needs and told supporters not to believe anyone but him. He undercut faith in democratic institutions and pushed boundaries other presidents would not have.The House’s impeachment managers heading to the Senate chamber at the start of the trial.Credit…Doug Mills/The New York TimesAll of which played out in the months that led to the election on Nov. 3 and the Capitol siege on Jan. 6 and will now be scrutinized — how he promoted flagrantly bogus fraud complaints to try to cling to power even after voters rejected him, how he pressured state and local officials to subvert election results in his favor, how he revved up supporters to march on the Capitol by telling them their country was at stake.Michael W. McConnell, a conservative former appeals court judge and author of “The President Who Would Not Be King,” said the impeachment articles in the Ukraine case were weak. The abuse of power charge “stated a plausible ground” for removal but was “not so compelling,” while the obstruction of Congress article “was not legally sound” on its face.“This time, although the articles of impeachment were badly drafted, the charges are significantly more serious, unquestionably amounting to high crimes and misdemeanors,” he said. “I suspect that is why Mr. Trump’s defenders are desperately searching for a rationale for voting not to convict that is not based on defending or excusing what he did.”Mr. Trump benefits from the tribal nature of today’s politics. Much as they may not like him, most Republican lawmakers have stuck to their side of the fence — criticizing Mr. Trump’s actions was one thing, but joining hands with Democrats in a politically charged up-or-down verdict on his presidency is another. Similarly, polls show broad condemnation of Mr. Trump’s actions but only somewhat more support for conviction this time than last time.That is why Mr. Trump’s defense team played its own videos on Tuesday showing some Democrats calling for his impeachment almost from the minute he took office, arguing that their current drive is just the latest chapter in a campaign of retribution, a point intended to rally Republicans behind him again.And so while the Trump presidency is over, the struggle over the Trump presidency is not. For the next week, it will play out in gritty, angry, ugly words and images until its destined denouement.AdvertisementContinue reading the main story More