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      Impeachment trial: Trump accused of inflaming insurrection while defense insists it was free speech – live

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      Key events

      Show

      4.10pm EST16:10
      Trump lawyer appears to warn of more violence if impeachment trial continues

      3.36pm EST15:36
      Trump’s defense team warns against punishing political speech

      3.07pm EST15:07
      Trump’s legal team argues impeachment trial is unconstitutional

      2.46pm EST14:46
      Raskin provides emotional account of January 6 insurrection

      1.25pm EST13:25
      Impeachment managers play videos from Capitol insurrection

      1.03pm EST13:03
      Second impeachment trial of Donald Trump begins

      12.51pm EST12:51
      Community health centers to receive one million vaccine doses, White House says

      Live feed

      Show

      4.44pm EST16:44

      Some viewers of the impeachment trial wondered why David Schoen, one of Donald Trump’s defense lawyers, kept resting his hand on his head as he took a sip of water while making his opening argument.
      Daniel Goldman, the lead counsel of the House inquiry during Trump’s first impeachment, explained it was because Schoen is an observant Jew and must cover his head and say a blessing when he drinks a sip of water.

      Daniel Goldman
      (@danielsgoldman)
      Mr. Schoen is an observant Jew who must cover his head when he takes a sip of water and quietly says a blessing. Since he is not wearing a kippah, he therefore covers his head with his hand.

      February 9, 2021

      4.35pm EST16:35

      David Schoen, one of Donald Trump’s lawyers, argued that House Democrats inappropriately delayed the impeachment trial by holding back the article of impeachment.
      But it was then-Senate majority leader Mitch McConnell who said he would not bring the chamber back early from recess to start the trial, despite Democratic leader Chuck Schumer’s requests for an emergency session to immediately begin the proceedings.
      So it is not accurate to blame Democrats for the delayed start date of the impeachment trial.

      4.26pm EST16:26

      Congresswoman Ilhan Omar pushed back against the arguments presented by Donald Trump’s defense team in the impeachment trial.
      Omar sent a tweet about the proceedings shortly after the defense team played a video showing Democrats, including Omar, calling for the impeachment of Trump as early as 2017.
      “Let’s be clear, we might have all done and said things we regret, but only Trump and the #seditioncaucus words and actions have let to an insurrection of our nation’s Capital, death and bodily harm,” the Democratic congresswoman said. “Don’t let them confuse you.”

      Ilhan Omar
      (@IlhanMN)
      Let’s be clear, we might have all done and said things we regret, but only Trump and the #seditioncaucus words and actions have let to an insurrection of our nation’s Capital, death and bodily harm. Don’t let them confuse you.

      February 9, 2021

      4.21pm EST16:21

      Lauren Aratani

      Bruce Castor’s bizarre opening argument in defense of Donald Trump could be part of the team’s “deliberative strategy,” a Trump ally is telling reporters, including the New York Times’ Maggie Haberman and NBC’s Peter Alexander.

      Peter Alexander
      (@PeterAlexander)
      A Trump source, just now, describes Castor’s argument as a “very clear, deliberative strategy.”Says defense is “lowering the temperature… before dropping the hammer on the unconstitutional nature of this impeachment witch hunt.”

      February 9, 2021

      It seems that the defense team was trying to tamper emotions after the House’s impeachment managers appeared in front of the Senate. Castor was “lowering the temperature” before the team went on to “dropping the hammer on the unconstitutional nature of this impeachment witch hunt,” according to an anonymous Trump ally who spoke to Alexander.
      It is unclear what part of Castor’s statement was part of this strategy given that he acknowledged moments ago on the Senate floor that the team “changed what we were going to do on account that we thought the House managers presentation was well done.” Perhaps the admission was part of the “deliberative strategy”?

      4.13pm EST16:13

      David Schoen criticized the House impeachment managers for playing “movies” to make their case for Donald Trump’s conviction.
      The impeachment managers opened their arguments today by playing a video showing the violence and destruction at the Capitol on January 6.

      Shortly after Schoen issued his criticism, he played his own video, showing Democrats calling for the impeachment of Trump as early as 2017.
      Schoen’s video opened with a clip of Jamie Raskin, the lead impeachment manager, as menacing music played in the background.

      4.10pm EST16:10

      Trump lawyer appears to warn of more violence if impeachment trial continues

      David Schoen, a member of Donald Trump’s legal team, accused Democrats of abusing the impeachment power to gain a political advantage.
      The former president’s lawyer argued Democrats are pursuing impeachment because they are still mad about the results of the 2016 election. (The impeachment managers’ opening argument focused exclusively on the violent insurrection at the Capitol last month, which Trump incited.)
      “I promise you that if these proceedings go forward, everyone will look bad,” Schoen said, warning that the trial would “open up new and bigger wounds across the nation”.
      Schoen then appeared to suggest that the impeachment trial could spark another civil war, saying, “This trial will tear this country apart, perhaps like we have only seen once before in American history.”

      Updated
      at 4.10pm EST

      4.01pm EST16:01

      As he concluded his opening comments, Bruce Castor also bizarrely seemed to suggest Donald Trump should be arrested if the allegations at the heart of the impeachment trial are true.
      “A high crime is a felony, and a misdemeanor is a misdemeanor,” Castor said. “After he’s out of office, you go and arrest him. … The department of justice does know what to do with such people. And so far, I haven’t seen any activity in that direction.”

      Aaron Rupar
      (@atrupar)
      Castor winds down his very bizarre speech by daring the DOJ to arrest Trump pic.twitter.com/jmoxdIU6Pm

      February 9, 2021

      3.55pm EST15:55

      Bruce Castor closed his opening comments by acknowledging that Donald Trump’s defense team was caught off guard by the strength of the House impeachment managers’ presentation.
      The former president’s lawyer said the defense team reshuffled because they thought the managers’ presentation would focus only on the question of Senate jurisdiction rather than recounting the violence and destruction of the January 6 insurrection.
      “We have counter-arguments to literally everything they have raised, and you will hear them later in the case,” Castor said.
      And with that, he handed things over to another member of Trump’s defense team, David Schoen.

      3.47pm EST15:47

      Alan Dershowitz, who served as a member of Donald Trump’s defense team during his first impeachment trial, criticized Bruce Castor’s rambling opening presentation.
      “There is no argument. I have no idea what he is doing,” Dershowitz told the conservative outlet Newsmax. “I have no idea why he’s saying what he’s saying.”

      Newsmax
      (@newsmax)
      ‘There is no argument – I have no idea what he is doing,’ @AlanDersh on Trump’s defense lawyer Bruce Castor ‘talking nice’ to U.S. Senators – via Newsmax TV’s ‘American Agenda.’ https://t.co/VlT7z8drtO pic.twitter.com/7P7uVk5X19

      February 9, 2021

      Dershowitz said Castor was too focused on “talking nice” to senators rather than making a “constitutional argument” for why the impeachment trial should be dismissed.
      “I have no idea what he’s doing. Maybe he’ll bring it home, but right now it doesn’t appear to be effective advocacy,” Dershowitz said. “Boy, it’s not the kind of argument I would have made. I’ll tell you that.”

      3.36pm EST15:36

      Trump’s defense team warns against punishing political speech

      About 20 minutes into his speech, Bruce Castor addressed the January 6 insurrection, pointing to a First Amendment defense for Donald Trump inciting the violence.
      “We can’t possibly be suggesting that we punish people for political speech in this country,” the former president’s lawyer told senators.
      The impeachment managers preemptively addressed this argument in their final pre-trial brief, which they filed earlier today.
      “The First Amendment does not immunize President Trump from impeachment or limit the Senate’s power to protect the Nation from an unfit leader,” the managers wrote in their brief.
      They added, “And even assuming the First Amendment applied, it would certainly not protect President Trump’s speech on January 6, which incited lawless action.”

      Updated
      at 3.36pm EST

      3.28pm EST15:28

      Bruce Castor, who is leading Donald Trump’s defense team, opened his presentation by praising senator as “patriots” and mentioning that he still gets lost in the Capitol sometimes.
      Castor did not directly address the president’s actions on January 6 or argue against the constitutionality of the impeachment trial.
      Reporters compared the former president’s lawyer to a college student who did not do the reading before class, joking that Castor would be fired by tweet if Trump still had access to his Twitter account.

      Abby D. Phillip
      (@abbydphillip)
      I have been in this government class before, where someone hasn’t done the reading, napped through the first half of class, gets called on and just riffs for 15 minutes.

      February 9, 2021

      James Hohmann
      (@jameshohmann)
      Bruce Castor’s opening speech feels a little like this. pic.twitter.com/D2j5soQ6s8

      February 9, 2021

      Seung Min Kim
      (@seungminkim)
      If Trump still had his Twitter account, he may Tweet-fire this lawyer on the spot.

      February 9, 2021

      3.17pm EST15:17

      The beginning of Bruce Castor’s presentation seemed to be mostly him rambling, which did not escape the attention of those watching the impeachment trial.

      Susan Glasser
      (@sbg1)
      Yes. https://t.co/tOAiYJFRCH

      February 9, 2021

      Castor, who is leading Donald Trump’s defense team, spent several minutes explaining how senators are different than other Americans. It was very unclear how that issue relates to whether the impeachment trial is constitutional.
      The contrast to House impeachment managers’ presentation, which started with a video showing the violence and destruction of the January 6 insurrection, was quite stark.

      Dave Weigel
      (@daveweigel)
      This is a “My Cousin Vinny”-level mismatch of opening statements so far

      February 9, 2021

      3.07pm EST15:07

      Trump’s legal team argues impeachment trial is unconstitutional

      The impeachment trial has now resumed, and Donald Trump’s legal team has started delivering its argument that the trial is unconstitutional.
      Lawyer Bruce Castor opened his remarks by acknowledging the “outstanding presentation” offered by the impeachment managers.
      Castor also emphasized that he and Trump’s other lawyers denounced the violence at the Capitol on January 6, saying they believed all the insurrectionists involved in the attack should be prosecuted. More

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      Analysis: Democrats use Trump impeachment to show sometimes symbolism is the point

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      Sign up for the Guardian’s First Thing newsletterThe Democratic congressman Jamie Raskin stood at the lectern, faced 100 senators and removed his black face mask to begin the historic second impeachment trial of former president Donald John Trump.Don’t worry, Raskin assured them with a disarming note of humour on Tuesday. He might have been a constitutional law professor for three decades but he would not be lecturing them on the Federalist Papers. “A professor is someone who talks in someone else’s sleep,” he quoted from the poet W H Auden.Instead Raskin promised “cold, hard facts” and he was as good as his word. He let the murderous mob do the talking. The congressman stood aside to a play a brutal, raw, shocking video of the insurrection at the US Capitol on 6 January.For the senators riveted to their seats, forced to relive the nightmarish quality of that day, there was something especially spooky about watching the mob rampaging through the very building where they were sitting, smashing windows, crushing police officers in doors, waving far-right regalia and chanting “Fight for Trump!”For Republicans, it must have been uniquely stomach-churning to see what their champion had unleashed – knowing that most of them will continue to defend them during this trial for fear of angering his “base”. Never can they have been so relieved to have been wearing masks that concealed their expressions from the press gallery.The video ended with a tweet from Trump from that day insisting this is what happens when an election is stolen (it wasn’t stolen). He told his fans: “Go home with love & peace! Remember this day forever!”The montage was an early indication that, whereas Trump’s first impeachment trial a year ago – which turned on a phone call seeking political favours from Ukraine – was like a white-collar criminal case, this time is more akin to a mob trial with Trump cast as the instigator of violent thugs.It was a dramatic, roaring start to the trial that promises to plant a giant exclamation mark at the end of the Trump presidency. Raskin and his eight fellow House impeachment managers want to make sure that 6 January will become the operatic climax of America’s four years of living dangerously.They also want to send a message. They are aware that the world’s faith in America has been badly shaken by the election and presidency of a reality TV star who thrives on petty insults and breaking rules. And they are aware that the 6 January riot may have been breaking point for some.Peggy Noonan, a former speechwriter for Ronald Reagan, told the MSNBC network on Tuesday: “I have spoken to many people in foreign affairs, including ambassadors and others representing other countries, and since the events following the November election and the president’s attempt to overturn it, they have been not been disappointed, they have been anguished by this, by the sense that America is dropping the ball and can no longer function as the thing you are aiming at.”But Joe Biden likes to say that betting against America is always a bad bet. His election and orderly inauguration last month sent a signal to the world that it should not write off the young republic yet.Democrats are aware that the trial outcome is a foregone conclusion – another Trump acquittal, barring sensational new evidence – and that the stakes are lower because he has already left office. But sometimes symbolism is the point. The impeachment trial is a test of accountability, stability and rule of law before a global audience.So in a Capitol building where some windows remain cracked, they observed the solemn rituals and traditions, filing into the Senate chamber beneath the busts of 20 former vice-presidents gazing down from marble plinths in alcoves. This time there were no members of the public in the gallery because of coronavirus precautions.Just before 1pm, Mitch McConnell, the Republican Senate minority leader, walked in a little unsteadily and stood at his desk. He was approached by Susan Collins, who is expected to vote against Trump and spoke to him animatedly. Then came Tom Cotton, who is expected to vote for Trump’s acquittal, for another deep conversation.McConnell remains the pivotal figure at the trial and in the coming years. For a few days after the attack on the Capitol he seemed to be ready to cut Trump loose, and persuade many colleagues to do likewise, yet he then voted to support the notion that this trial is unconstitutional. His future actions will offer clues as to whether the Republican party can shake off Trumpism without having to learn the hard way at the ballot box.Marco Rubio sat at his desk writing with a quill pen. Bernie Sanders had an iPad resting on a folder. Some seats were empty for the opening pledge of allegiance and prayer.The Senate president pro tempore, Patrick Leahy, presiding over the proceedings, led the chamber in reciting the pledge and gaveled in the Senate as a court of impeachment.The prayer, from Chaplain Barry Black, included a pointed quotation from the poet James Russell Lowell: “Once to every man and nation comes the moment to decide, / In the strife of Truth with Falsehood, for the good or evil side.”Then, after a procedural vote, Raskin began his argument that the trial is indeed constitutional – a former president can be tried even after leaving office. To deny this, he said, would create a “brand new January exception”, meaning that an outgoing president could act with impunity during his final weeks in the White House.Once such technical arguments are out of the way, Democrats were expected on Wednesday to prosecute the case like a criminal trial with more compelling videos and graphic descriptions of that day.But they didn’t want to overdo it. Trump is gone and Biden is facing the most daunting presidential inheritance since Franklin Roosevelt in the 1930s. While this trial plays out, the new president is trying to win support for a $1.9tn rescue package and tackle the coronavirus, economic, racial justice and climate crises.As Biden tries spinning these plates, the last thing he needs is a rancorous impeachment trial to bring it all crashing down. But Democrats insist they can get it done. If you had a dollar or pound for every time a member of Congress insists they can “walk and chew gum at the same time”, you would be very wealthy indeed.Like a criminal lawyer, Democrats are seeking to appeal to not only the head but also the heart. They are not only prosecutors but also survivors of the rampage, a point brought home with visceral force by Raskin in a closing argument that had the chamber silent and spellbound on Wednesday.“And then there was a sound I will never forget,” he recalled. “The sound of pounding on the door like a battering ram. The most haunting sound I ever heard and I will never forget it.”Raskin’s 25-year-old son, Tommy, a Harvard law student who struggled with depression, took his own life on New Year’s Eve. A day after Tommy was buried on 5 January, the congressman had brought his daughter and a son-in-law to the Capitol for the ratification of Biden’s victory.He had assured them it would be safe but, after the mob stormed the building, they were hiding under a desk in a barricaded congressional office sending what they thought were final text messages to loved ones. More than an hour later, they were rescued by Capitol police.Raskin, fighting back tears, said of his 24-year-old daughter: “I told her how sorry I was and I promised her that it would not be like this again the next time she came back to the Capitol with me. And you know what she said? She said, ‘Dad, I don’t want to come back to the Capitol.’”At that Raskin broke down for a moment, putting fingers to his eyes before regaining his composure. “Of all the terrible, brutal things I saw and I heard on that day and since then, that one hit me the hardest. That and watching someone use an American flag pole, the flag still on it, to spear and pummel one of our police officers – ruthlessly, mercilessly tortured by a pole with a flag on it that he was defending with his very life.” More

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      Trump prosecutors pitch to the public in made-for-TV impeachment trial

      by

      The lethal Capitol invasion by Donald Trump supporters that is at the heart of the former president’s second impeachment trial happened more than a month ago. But Democrats leading the prosecution of Trump are counting on an element of surprise.Surprise, the impeachment prosecutors are calculating, because while most Americans understand the broad outlines of what happened during the 6 January attack on the Capitol, relatively few have come to grips with the shocking audio and video footage from that day – portraying a cauldron of violence, vandalism, bloodlust and fear.And in what is shaping up as history’s first made-for-TV impeachment trial, Democrats are planning to make some of these surreal scenes the centerpiece of their case against the only president ever to be impeached twice.A police officer crushed in a doorway. A woman wearing a Trump flag shot in the neck. Mobs in Trump gear breaking doors and smashing glass, and hunting the halls of legislature for members to tear “into little pieces”. Staffers for the House speaker, Nancy Pelosi, huddled under a conference table, sending texts for help, as rioters pound on the doors. A woman trampled to death as her friend begs for space.And the chants: “The steal is real!”, “Hang Mike Pence!” and “USA! USA! USA!”A Senate split 50-50 will act as jury at the trial, and Trump is expected to retain enough Republican support to avoid conviction and a ban on his holding future office.But the prosecutors’ case as previewed this week is not principally directed at lawmakers. Instead, it is unmistakably pitched to the public.Impeachment managers led by Representative Jamie Raskin of Maryland are expected to draw on hours of previously unseen footage from body cameras worn by police, from the media and from live streams captured by the insurrectionists themselves to produce what is shaping up as a shocking inside account of the Capitol attack.With unique access to evidence gathered by law enforcement officers in nearly 140 cases related to the invasion so far, the prosecutors will try to break through calcifying versions on both sides of the political aisle of what happened, and to provoke a new reckoning with how close the country came to an act of mass violence inside the halls of government.That realization, they think, could jolt a reconsideration of Trump’s guilt for the article of impeachment with which he has been charged: incitement of insurrection.The Huffington Post politics reporter Igor Bobic was inside the Capitol that day – but outside either legislative chamber – and captured some of the most notable footage of the invasion.“One month since the attack and I’m still learning harrowing details about the day,” he tweeted at the weekend. “Staffers I haven’t seen since recalling how they barricaded themselves in offices in terror. Members telling me how they followed my feed on their phone while in the chamber in disbelief. Reporters still trying to make sense of it all. All of us still coping.”Last month Representative Alexandria Ocasio-Cortez, who was forced into hiding during the invasion, described hearing threats from insurrectionists and told thousands of followers on Instagram Live: “I thought I was going to die.”Trump’s defense team seemed to sense the danger to their case that the video scenes represented, and in a brief submitted on Monday they floated multiple pre-emptive responses.Heatedly condemning the attack on the Capitol and denying Trump’s complicity, the defense accused Democrats of “a brazen attempt to further glorify violence” by presenting the facts of the case. In a footnote, the lawyers went so far as to suggest that the crowd was a mix of pro-Trump and anti-Trump elements.Trump’s quotes were expected to be juxtaposed with scenes of violence at the CapitolBut the footage may make plain what no legal argument might deny. The crowd proceeded from a rally at which Trump spoke and arrived at the Capitol wearing red hats and Trump 2020 flags, mixed in with militia patches, white supremacy group insignia, Confederate flags and illegal firearms and knives.In an initial brief submitted last week, the impeachment managers described Trump’s “singular responsibility for the assault”, mustering dozens of quotations in which the former president spread the falsehood of a stolen election, demanded intervention, then “summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue”.Trump’s quotes were expected to be juxtaposed with scenes of violence at the Capitol, as prosecutors hope to make a case that will drive home their charges against the former president.“We cannot, for a moment, treat the attack of 1/6 as something normal that happened,” tweeted Andy Kim, a Democratic representative from New Jersey. “It was a truly dark day in our nation’s history and it deserves a response of that magnitude.”It may be history’s first made-for-TV impeachment. But as for President Joe Biden, his press secretary, Jen Psaki, said his attention would be elsewhere: “He will not spend too much time watching the proceedings.” More

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      ‘This fever will break’: Republican Jeff Flake on the slow fade of Trumpism

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      By now, Jeff Flake thought this would all be over.
      Flake, the former Arizona Republican senator and outspoken critic of Donald Trump, concedes that he expected the ripple effects in the Republican party Trump’s loss of the White House to have been bigger by now.
      Instead, Flake has had to watch as Trump departed office but Trumpism refused to fade around the country. That includes in Flake’s home state, where the Republican party recently censured him alongside the two other most prominent Republicans – Cindy McCain, the widow of the late senator John McCain, and Doug Ducey, the Arizona governor.
      “I do think this fever will break, but it’s been slow,” Flake said in an interview with the Guardian. “It’s been really slow.”
      For much of the Trump administration Flake was something of a solitary voice within his party, opposing him first as a rare anti-Trump statewide elected official and then as a member of the club of Republicans who stood up to the 45th president only to face blowback.
      Throughout all of that Flake hoped Trump would leave office one way or another, other Republicans would see the same light he did, and the opposition to the 45th president would grow. Flake calls it a “migration” of Republicans away from their fealty to Trump.
      “This migration will start,” Flake said chuckling. “It’s just slow to get going.”
      These days the outlook for anti-Trump Republicans can feel both bright and dark. Trump is out of office and there are elected Republican officials actively working to move on from Trump under the specter of blowback from activists within the GOP.
      Congressman Adam Kinzinger of Illinois has set up a political action committee to fight against the QAnon movement saturating the Republican party. The House Republican conference chairwoman, Liz Cheney, and almost a dozen other Republicans voted to move forward with impeaching Trump again.
      Other Republicans stood up to Trump as he was pedaling unfounded claims about voter fraud after Joe Biden won the presidential election but before he took office.
      But those forces are more a small rebellion or insurgency and less an army involved in an inter-party civil war. The anti-Trumpists are growing but very slowly, Flake concedes. Flake thinks successfully convicting Trump in his upcoming impeachment trial would help speed things along. More

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      George Shultz, Ronald Reagan’s longtime secretary of state, dies at 100

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      President Ronald Reagan’s longtime secretary of state, George P Shultz, who spent most of the 1980s trying to improve relations with the Soviet Union and forging a course for peace in the Middle East, has died. He was 100.A titan of American academia, business and diplomacy, Shultz died Saturday at his home on the campus of Stanford University, according to the Hoover Institution, a thinktank where he was a distinguished fellow.Shultz held three major cabinet posts in Republican administrations during a long career of public service. He was labor secretary and treasury secretary under President Richard Nixon before spending more than six years as Reagan’s secretary of state. Shultz was the longest serving secretary of state since the second world war and had been the oldest surviving former cabinet member of any administration.Condoleezza Rice, also a former secretary of state and current director of the Hoover Institution, said in a statement that Shultz “will be remembered in history as a man who made the world a better place”.As the nation’s chief diplomat, Shultz negotiated the first-ever treaty to reduce the size of the Soviet Union’s ground-based nuclear arsenals. The 1987 accord was a historic attempt to begin to reverse the nuclear arms race.After the October 1983 bombing of the marine barracks in Beirut that killed 241 soldiers, Shultz worked tirelessly to end Lebanon’s brutal civil war in the 1980s. He spent countless hours of shuttle diplomacy between mideast capitals trying to secure the withdrawal of Israeli forces there.The experience led him to believe that stability in the region could only be assured with a settlement to the Israeli-Palestinian conflict, and he set about on an ambitious but ultimately unsuccessful mission to bring the parties to the negotiating table.Former secretary of state Henry A Kissinger, reflecting in his memoirs on the “highly analytic, calm and unselfish Shultz,” paid Shultz an exceptional compliment in his diary: “If I could choose one American to whom I would entrust the nation’s fate in a crisis, it would be George Shultz.”Over his lifetime, Shultz succeeded in the worlds of academia, public service and corporate America, and was widely respected by his peers from both political parties. He was awarded the nation’s highest civilian honor, the presidential medal of freedom, in 1989.Shultz had largely stayed out of politics since his retirement, but had been an advocate for an increased focus on climate change. He marked his 100th birthday in December by extolling the virtues of trust and bipartisanship in politics and other endeavors in a piece he wrote for the Washington Post.Coming amid the acrimony that followed the November presidential election, Shultz’s call for decency and respect for opposing views struck many as an appeal for the country to shun the political vitriol of the Trump years.“Trust is the coin of the realm,” Shultz wrote. “When trust was in the room, whatever room that was – the family room, the schoolroom, the locker room, the office room, the government room or the military room – good things happened. When trust was not in the room, good things did not happen. Everything else is details.” More

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      Liz Cheney raises possibility of criminal investigation of Trump for provoking violence

      by

      Liz Cheney, the third most senior Republican in the House of Representatives, has raised the possibility of Donald Trump being criminally investigated for provoking violence during the 6 January US Capitol insurrection, pointing to a tweet attacking his own vice-president, Mike Pence, that was posted after the assault had begun.In extraordinary remarks on Fox News Sunday, Cheney made specific reference to the “massive criminal investigation” on the Capitol insurrection that is now sweeping the country. She said that the probe would cover “every aspect” of the events of 6 January and look at “everyone who was involved”.But she reserved her most pointed words for Trump. “People will want to know what the president was doing,” she said. “They will want to know whether the tweet that he sent out calling Vice-President Mike Pence a coward while the attack was underway was a premeditated attempt to provoke violence.”Cheney’s evoking of possible criminal action against the former president comes just two days before the start of his impeachment trial in the US senate for “incitement of insurrection”. Though she will not be participating as a juror at the trial – that role is performed by senators – her comments signaled the turmoil that the impending proceedings are causing in her party.Last week she survived an attempt by fellow House Republicans to remove her from her leadership position in protest at her support of Trump’s impeachment. On Saturday, the Republican party in her home state of Wyoming voted to censure her, calling for her immediate resignation.Cheney said Sunday she would not step down. “The oath I took to the constitution compelled me to vote for impeachment – it does not bend to partisanship or political pressure, and I will stand by that.”But the swirl of criticism around her, coupled with her sharp reference to possible criminal consequences for Trump, point to how the former president continues to roil the Republican party, to the extent of threatening to tear it apart.On Tuesday, he will make US history by becoming the first sitting or former president to be subjected to an impeachment trial for a second time.Ahead of the historic proceedings, prominent Democrats took to the Sunday political shows and spoke with passion about why Trump deserved to be convicted for his role in allegedly inciting the 6 January assault. Ayanna Pressley, a congresswoman from Massachusetts, called on senators to “honor their oath and hold Trump accountable and bar him from ever holding office again”.Speaking on CNN’s State of the Union, she recalled the “harrowing and traumatic” assault on the Capitol and placed it in personal and historical context. “As a black woman, to be barricaded in my office, on the ground, in the dark – that terror is familiar in a deep and ancestral way for me.”She said she was haunted by the image of black staff in the Capitol building cleaning up the mess caused by the white supremacist insurrection. “That is a metaphor for America. We have been cleaning up for white supremacist mobs for generations – and it must end,” she said.By contrast, there was little sign among Republican senators of any substantial appetite to convict. Should all 50 Democratic senators vote to do so, they would still need to be joined by 17 Republican senators to reach the two-thirds majority required by the constitution.Rand Paul, the Republican senator from Kentucky, said Tuesday’s trial was an attempt to criminalise political speech. Speaking on Fox News Sunday, he said: “Are we going to impeach and potentially criminally prosecute people for political speech when they say ‘Get up and fight for your country, let your voices be heard’?”The Republican senator from Louisiana, Bill Cassidy, told NBC News’s Meet the Press that the trial had been rushed. “There was no process. If it happened in the Soviet Union you would call it a show trial.”Pat Toomey, the Republican senator from Pennsylvania who has been critical of Trump, told CNN that he thought it “very unlikely” that the former president would be convicted. Without conviction, senators would not be able to move to a further vote to bar Trump from ever holding public office.The case for impeachment will be presented to senators by House managers. In their brief, they allege that Trump “summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue”.In a 14-page rebuttal, Trump’s lawyers argue that he did not engage in insurrection and that impeaching him as a former president is unconstitutional.The evidence stage of the Senate trial is likely to focus on Trump’s remarks leading up to the violence on 6 January, which left five people dead. At a rally earlier in the day, Trump used visceral language, saying “we will not take it any more” and “you’ll never take back our country with weakness”.It is not known whether impeachment managers plan to single out Trump’s tweet attacking Pence. In the tweet, which has now been removed from Twitter as part of Trump’s suspension from the platform, he criticised the then vice-president for failing to block counting of the electoral college results of the presidential election that Trump lost.“Mike Pence didn’t have the courage to do what should have been done,” Trump posted.The tweet was posted about 10 minutes after it was reported that Pence had been ushered off the floor of the Senate following the violent breach of the Capitol by Trump supporters and white supremacists. During the attack, members of the mob could be heard chanting “hang Mike Pence”. More

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      Never Trumpers' Republican revolt failed but they could still play key role

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      The Republican rebellion failed: Donald Trump won.“I was disappointed over the last few weeks to see what seemed like the Republican party waking up,” the Republican congressman Adam Kinzinger observed on NBC’s Meet the Press last week, “and then kind of falling asleep again”.Kinzinger is among a band of Republican dissidents who openly defy the former US president’s continued dominance of the party. They are small, bullied and vastly outnumbered. But in a finely balanced Congress where anti-Trump sentiment is wider than it first appears, they are likely to play an outsized role in the future of American politics.The known “Never Trump” resistance consists of 10 members of the House of Representatives who last month voted to impeach him for inciting an insurrection at the US Capitol. They include Liz Cheney, the most senior woman in the Republican caucus, who declared “there has never been a greater betrayal by a president of the United States of his office and his oath to the constitution”.I would hate to see what the mailbox of someone like a Mitt Romney isThen there are five senators who rejected spurious process arguments and voted to press ahead with the impeachment trial: Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania. The group will soon shrink because Toomey has announced that he will not seek re-election next year.But it is an open secret in Washington that they have many fellow travelers: Republican traditionalists who privately despise Trump, and may well convict him if only the vote could be held by secret ballot, but dare not speak out for fear of retribution from rightwing media and increasingly radicalized state parties. This can take the form of primary election challenges, heckling in public places and even death threats.Charlie Sykes, editor-at-large of the Bulwark website and author of How the Right Lost Its Mind, said: “I would hate to see what the mailbox of someone like a Mitt Romney is. We’ll see more scenes of folks harassing the moderates at airports but, within the leadership ranks, they understand what the stakes are. I’m guessing that rather a large number of senators share Romney’s view and are probably telling him that they wish they could say the same thing.”This well of tacit sympathy is one reason why Romney and other senators are unlikely to face personal hostility from colleagues. Another is that, with the Senate evenly split at 50-50 – the Democratic vice-president, Kamala Harris, holds the tie-breaking vote – Republicans cannot afford to ostracize or alienate any members.Wendy Schiller, a political science professor at Brown University in Providence, Rhode Island, explained: “Neither party can afford to shun a single member of their caucus in the Senate because to overcome a filibuster you need 51 votes – a legislative filibuster is 60 – so every party needs every senator.“That’s why the Senate is, at least for now, a safer place to be a maverick than the House of Representatives, although now with the margin in the House, you need every vote on each side as well.”The Republican caucus in the House is more overtly Trumpian, as evidenced by the newcomer Marjorie Taylor Greene, who has espoused racist and antisemitic views and expressed support for the QAnon conspiracy theory. That indicates why Cheney – the daughter of former vice-president Dick Cheney – has faced a more severe backlash from Trump loyalists than any senator.Although she survived an attempt this week to oust her as the party’s No 3 in the House as punishment for endorsing impeachment, an Axios-SurveyMonkey poll found that Cheney is far less popular than Greene among Republicans and those who lean Republican.There are more of us than there are of themShe could still face censure from the Wyoming state party and a primary challenge. The Republican congressman Matt Gaetz, a fervent Trump backer from Florida, even flew to Wyoming to urge supporters to vote her out. “Washington DC mythologises the establishment power brokers like Liz Cheney for climbing in a deeply corrupt game,” Gaetz told a rally of about a thousand people in Cheyenne. “But there are more of us than there are of them.”Sykes observed: “When you have somebody like Matt Gaetz flying to Wyoming, he’s doing that because he thinks that that strengthens his brand in the GOP [Grand Old Party] to attack other Republicans, which tells you about the toxic nature of this civil war.”It is debatable whether, as Kinzinger posited, the Republican party really was close to waking up from its Trumpian fever dream. Although the Senate minority leader, Mitch McConnell, and House minority leader, Kevin McCarthy, both stated that Trump bears responsibility for the deadly violence at the US Capitol, McConnell then voted against holding an impeachment trial and McCarthy visited the ex-president at his Florida redoubt to mend fences.Taking McConnell’s cue, a further 44 Republican senators supported a resolution declaring the trial unconstitutional because Trump is now a private citizen. It meant that his eventual acquittal is all but certain, just as it was at his first impeachment trial a year ago when Romney was the sole senator to break from the party line.Such is the Trump base’s hold on the party that while some establishment Republicans stay and fight, others often retire and walk away. In recent years they have included Bob Corker and Jeff Flake, senators from Tennessee and Arizona respectively, soon to be joined by Rob Portman, an Ohio senator who recently announced he would not run for election again. Justin Amash, a Trump critic in the House, left the Republican party in 2019.But the current crop of Never Trumpers in the Senate are likely to keep speaking out because of a mix of pragmatism and principle. In November Collins and Sasse won the cushion of six-year terms; Murkowski comes from a state that uses ranked-choice voting, meaning that she could leave the Republican party and still have a strong chance of re-election next year; Romney is wealthy and has already had a shot at the presidency so has little to lose.Bob Shrum, a Democratic strategist who ran a Senate campaign against Romney in Massachusetts in 1994, said: “He’s a conservative: that’s clear from how he votes on issues, from how he’s reacted to the Covid-19 relief. But in terms of the norms and standards of democracy, he’s going to do what he believes and, if it turns out that it hurts him in Utah, I don’t think he cares.”Liz Cheney and Mitt Romney have been the standard bearers and we need to reinforce their leadership as much as possibleSimilarly unapologetic, Kinzinger has announced a new political action committee called Country First, urging Republicans to cast off their mantle as the “Trump-first party” and “unplug the outrage machine”. In his Meet the Press interview, the congressman warned that the party had peddled “darkness and division” and “lost its moral authority in a lot of areas”.Though they often seem like voices in the wilderness, the rebels can point to reports that thousands of people have quit the Republican party since the US Capitol riot on 6 January. They also have the support of former party officials and outside groups that worked for Trump’s defeat last year and continue to oppose him.Michael Steele, former chairman of the Republican National Committee, said: “Liz Cheney and Mitt Romney have been the standard bearers and we need to reinforce their leadership as much as possible.“It’s not about establishment Republicanism versus pitchfork Republicanism – that’s just a false flag argument. The Republican party either is or isn’t something. Either Mitt Romney and Liz Cheney stand for what that something is or they don’t. Either Marjorie Taylor Green and Jim Jordan [a pro-Trump congressman] stand for what that is or they don’t. And that’s the battle.”Steele, a senior adviser to the Lincoln Project, an anti-Trump group, added: “I happen to think that Mitt Romney and Liz Cheney represent the opportunity for a governing majority in the future. I think Jim Jordan and Marjorie Taylor Greene and all that Trumpist bullshit isn’t the future of the party. I stand with Adam Kinzinger. Let’s have that fight.” More

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      The martyrdom of Mike Pence

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      After Donald Trump had exhausted all of his claims of voter fraud and could contrive no more conspiracy theories that the 2020 presidential election was stolen from him, and after his revolving menagerie of legal mouthpieces had all of their motions tossed out of every venue up to the supreme court, and after his reliable enabler, Attorney General William Barr, informed him his accusations were false and he had reached the end of the line, and resigned, Trump came as a last resort to rest his slipping hold on power on his most unwavering defender and ceaseless flatterer, who had never let him down: his vice-president, Mike Pence.
      Nobody was more responsible for fostering the cult of Trump. The evangelical Pence had been Trump’s rescuer, starting with his forgiveness for the miscreant in the crisis during the 2016 campaign over Trump’s Access Hollywood “grab them by the pussy” tape and then over the disclosure of the “Individual One” hush money payoff to a porn star about a one-night stand to shut her up before election day – AKA “the latest baseless allegations”. Pence was the indispensable retainer who delivered the evangelical base, transforming it through the alchemy of his faith into Trump’s rock of ages. After every malignant episode, from Charlottesville (“I stand with the president”) to coronavirus (“The president took another historic step”), the pious Pence could be counted on to bless Trump for his purity of heart and to shepherd the flock of true believers.
      “Trump’s got the populist nationalists,” Stephen Bannon, Trump’s pardoned former senior adviser, remarked. “But Pence is the base. Without Pence, you don’t win.”
      Withstanding the howling winds of narcissism, the unshakably self-abasing Pence upheld the cross over Trump. On the evening of 3 May 2017, Trump welcomed his evangelical advisory board for dinner in the Blue Room of the White House.
      “I’ve been with [Trump] alone in the room when the decisions are made,” Pence testified to the assembled pastors. “He and I have prayed together. This is somebody who shares our views, shares our values, shares our beliefs.”
      Nobody more than Pence had modeled adulation of Trump to become the standard for sycophantic imitation. At the first meeting of members of Trump’s cabinet, on 12 June 2017, the president called on each to offer praise.
      “I’m going to start with our vice-president. Where is our vice-president?” Trump asked. “We’ll start with Mike and then we’ll just go around, your name, your position.”
      “This is just the greatest privilege of my life,” Pence said, setting the tone for the others. More