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    Why Seven Republican Senators Voted to Convict Trump

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storyWhy Seven Republican Senators Voted to Convict TrumpThe Republicans who broke with their party to find Donald J. Trump guilty were an eclectic group, bound by their shared lack of concern about retribution from the former president or his followers.Senator Bill Cassidy of Louisiana is one of the seven Republicans who voted on Saturday to impeach former President Donald J. Trump.Credit…for The New York TimesFeb. 14, 2021, 6:57 p.m. ETWASHINGTON — The seed for Senator Bill Cassidy’s decision to find Donald J. Trump guilty of inciting an insurrection was planted one day last fall, when he received an email from a friend that was full of the then-president’s false claims about a stolen election.Alarmed that Mr. Trump’s lies were gaining credence, Mr. Cassidy, a Louisiana Republican, became part of a small minority in his party — and one of only a few officials in the South — to acknowledge President Biden’s victory. Months later, after Mr. Trump’s campaign to overturn the election culminated in the Capitol riot, Mr. Cassidy was one of only seven Republican senators who voted on Saturday to convict him.Taken at face value, Mr. Cassidy — a conservative, newly re-elected physician with a quirky streak — has little in common with the other six senators who broke with their party and found Mr. Trump guilty in the most bipartisan vote for a presidential impeachment conviction in United States history. Most were facing intense backlash on Sunday from Republicans in their states livid about the vote, as have the 10 House Republicans who supported the impeachment last month.But the senators were united by a common thread: Each of them, for their own reasons, was unafraid of political retribution from Mr. Trump or his supporters.“Two are retiring, and three are not up until 2026, and who knows what the world will look like five years from now,” said Whit Ayres, a veteran Republican pollster. “It looked pretty different five years ago than it did today. All seven of them have a measure of independence that those who have to run in 2022 in a closed Republican primary just don’t have.”For Mr. Cassidy, it was a sense of outrage at the former president’s actions, starting long before the assault on Jan. 6, that played the dominant role. In an interview on Sunday, Mr. Cassidy said Mr. Trump had “trumpeted that lie” about the election for months, then sat by for hours as lawmakers and his own vice president were under attack in the Capitol and did nothing — other than to call Republican senators to ask them to continue challenging the election results.“That anger simmers in the background,” Mr. Cassidy said. “My whole life, reading about great men and women who sacrifice for our country, who sacrifice so that we could have the freedoms that we have here today — and the idea that somebody would attempt to usurp those and destroy them?”“It still angers me,” he continued. “It just angers the heck out of me.”Many Republicans privately shared Mr. Cassidy’s rage, but the fact that only seven of them were ultimately willing to find Mr. Trump guilty underscored the extraordinary fealty the former president still commands in the party. Even with Mr. Trump out of the White House, Republican lawmakers have been reluctant to cross the former president for fear of invoking his wrath and infuriating the primary voters who still adore him. All but one of the Republicans who voted to convict Mr. Trump will not face voters at the ballot box for years — or ever again, in the case of two who are set to retire in 2022.Senator Lisa Murkowski of Alaska is the only one of the seven Republicans who faces re-election next year, making her vote to convict the most political risky of them all.Credit…Anna Moneymaker for The New York TimesMr. Cassidy won re-election in November, as did two others who voted to convict the former president — Senators Susan Collins of Maine and Ben Sasse of Nebraska — meaning they have five years before their names will appear on a ballot. Two others, Senators Richard M. Burr of North Carolina and Patrick J. Toomey of Pennsylvania, are retiring. The other two, Senators Lisa Murkowski of Alaska and Mitt Romney of Utah, the 2012 Republican presidential nominee, have long since established their willingness to break with their party, and particularly with Mr. Trump.Ms. Murkowski is the only one of the group facing re-election next year, making her vote the most politically risky of them all.She famously returned to Washington even after losing a Republican primary in 2010 by defeating both the Republican and Democratic nominees in an audacious write-in campaign, and she has appeared untroubled by the potential political consequences of her vote.That might be partly influenced by a change in Alaska’s voting system: Voters in November approved a measure to eliminate party primaries and institute a ranked-choice contest in which any candidate could prevail, blunting the influence of the hard-right voters who decide most Republican primaries.At the Capitol on Saturday, Ms. Murkowski said she owed it to her constituents to vote the way she did. “If I can’t say what I believe that our president should stand for, then why should I ask Alaskans to stand with me?” she told reporters.And in a blistering statement on Sunday, Ms. Murkowski explained why she deemed Mr. Trump guilty.“If months of lies, organizing a rally of supporters in an effort to thwart the work of Congress, encouraging a crowd to march on the Capitol, and then taking no meaningful action to stop the violence once it began is not worthy of impeachment, conviction and disqualification,” she said, “I cannot imagine what is.”Republicans had regarded Ms. Murkowski as a senator who was likely to defect, along with Ms. Collins. The two have previously linked arms to break from their party on significant votes, including when they helped tank a Republican-led effort to dismantle the Affordable Care Act. Ms. Collins was re-elected in November, triumphing in a brutal contest that few expected her to win, as voters reaffirmed their embrace of her long-held independent streak.“This impeachment trial is not about any single word uttered by President Trump on Jan. 6, 2021,” Ms. Collins said in a speech from the Senate floor on Saturday. “It is instead about President Trump’s failure to obey the oath he swore on Jan. 20, 2017. His actions to interfere with the peaceful transition of power — the hallmark of our Constitution and our American democracy — were an abuse of power and constitute grounds for conviction.”Republicans had regarded Senator Susan Collins of Maine as likely to defect.Credit…Anna Moneymaker for The New York TimesIn the weeks before the impeachment trial, Ms. Collins huddled in multiple Zoom meetings with a team of lawyers, including external advisers and members of her staff, to discuss the constitutionality of putting a former president on trial and whether Mr. Trump could mount a defense premised on his right to free speech, according to Richard H. Fallon Jr., a Harvard Law professor and adviser to Ms. Collins who participated in the discussions.“I don’t think there was any substantial disagreement at the end about the constitutional points,” he said.Mr. Cassidy’s vote to convict was less expected. A gastroenterologist who was re-elected easily in November to a second term, he is a reliable conservative. But he has shown an increasing willingness in recent weeks to buck his party in an attempt to work with Mr. Biden and his Democratic colleagues, and markedly less interest in humoring Mr. Trump.That approach has resulted in an intense fallout at home. The Louisiana Republican Party on Saturday moved to censure him for his vote, and Mr. Cassidy said people would be “aghast at how negative” the comments on his Facebook page had become.But he also said that he had received “a heck of a lot of support” in texts and calls from constituents — and that he expected that sentiment to grow.“The president spent two months building this up,” Mr. Cassidy said. “It’s going be hard; people just don’t flip on a deeply held belief from someone who they trust just like that. But the more the facts come out, the more that people will move to this position.”For his colleagues who are retiring, voters’ reactions were less of a concern. Neither Mr. Burr nor Mr. Toomey was a particularly vocal critic of Mr. Trump while he was in office, and both skewed fiercely conservative on policy matters, especially Mr. Toomey, a fiscal hawk and former president of the pro-business Club for Growth.But both have tangled with the former president in their own ways. As Mr. Trump continued to falsely claim that he had won the election, Mr. Toomey sharply pushed back and went so far as to blast his own colleagues for trying to overturn the results.Delegate Stacey Plaskett, Democrat of the Virgin Islands and one of the impeachment managers, reacted on Saturday as Mr. Cassidy voted to convict Mr. Trump.Credit…Erin Schaff/The New York TimesMr. Burr, then the chairman of the Intelligence Committee, subpoenaed testimony from Donald Trump Jr. in 2019 as part of his work conducting the only bipartisan congressional investigation into Russian election interference. The former president’s son responded by starting a political war against the senator in an attempt to turn his party against him.Perhaps the most predictable votes came from two of Mr. Trump’s most biting critics in the Senate: Mr. Sasse and Mr. Romney, who was the only Republican to vote to convict Mr. Trump in his first impeachment trial.While the two senators have employed similarly scathing language to excoriate the former president, they are at very different points in their careers. Mr. Romney, 73, having tried and failed to reach the White House, has positioned himself as an elder statesman trying to steer the party from Mr. Trump’s influence regardless of the political fallout. Mr. Sasse, 48, a younger and ambitious up-and-comer, has staked his hopes on leading a post-Trump Republican Party.Now, Mr. Sasse is facing censure threats from the Nebraska Republican Party. An effort last year by a Republican legislator in Utah to censure Mr. Romney for his first impeachment vote fell flat after the state’s Republican governor defended the senator, who faces re-election in 2024.It is unclear how much the seven senators discussed the verdict before the vote on Saturday. But Mr. Cassidy quietly shared his decision with Mr. Burr during the closing arguments of the trial, surreptitiously passing the North Carolina Republican a note on the Senate floor.“I am a yes,” it read.Mr. Burr nodded in silent agreement.Emily Cochrane More

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    Lara Trump for North Carolina Senate Seat? Trump’s Trial Is Renewing Talk

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyLara Trump for North Carolina Senate Seat? Trump’s Trial Is Renewing TalkSenator Richard M. Burr’s vote to convict the former president has intensified speculation that Ms. Trump might galvanize staunch Trump loyalists behind a possible bid for Mr. Burr’s seat in 2022.Lara Trump and her husband, Eric, attended the departure event for former President Trump on Inauguration Day before boarding Air Force One.Credit…Pete Marovich for The New York TimesAnnie Karni and Feb. 14, 2021Updated 5:22 p.m. ETWASHINGTON — A central issue in last week’s impeachment trial was whether former President Donald J. Trump deserves a political future. But his acquittal sparked speculation on Sunday about the electoral prospects of another Trump: his daughter-in-law, Lara.Senator Richard M. Burr’s decision to vote for the conviction of Mr. Trump incensed many Republicans in his home state of North Carolina, and in doing so reignited talk that Ms. Trump, a native of Wilmington, N.C., would seek the Senate seat Mr. Burr will vacate in 2022.“My friend Richard Burr just made Lara Trump almost the certain nominee for the Senate seat in North Carolina to replace him if she runs,” Senator Lindsey Graham, Republican of South Carolina, said in an interview on Fox News on Sunday.Ms. Trump did not respond to a request for comment. One senior Republican official with knowledge of her plans said that the Jan. 6 riot soured her desire to seek office, but that she would decide over the next few months whether to run as part of a coordinated Trump family comeback.If negotiating a post-Donald-Trump world has been a disorienting experience for Republicans around the country, it is especially acute in North Carolina, a state that has become a polarized, and nearly deadlocked, partisan battleground.Mr. Burr’s vote, and the torrent of criticism among North Carolina Republicans that came with it, appeared likely to sharpen the differences in the primary to succeed him between staunch Trump loyalists and Republicans who see a need to appeal to educated suburban voters in a state with steadily changing demographics.“The G.O.P. base is getting smaller,” said Paul Shumaker, a veteran party strategist in Raleigh.It was not just Mr. Burr’s vote that inflamed the party’s rank and file. While the state’s junior senator, Thom Tillis, who was re-elected last year, voted to acquit the former president, Mr. Tillis used his statement after the vote to all but invite prosecutors to indict Mr. Trump, saying the former president’s “ultimate accountability is through our criminal justice system.”Mr. Trump’s allies predict that such talk would prompt a revolt from the right that would result in the election of more pro-Trump candidates. And, the thinking goes, who could be more pro-Trump than an actual Trump?Ms. Trump, 38, a former personal trainer and television producer who graduated from Emsley A. Laney High School in Wilmington and from North Carolina State University in Raleigh, has been floating herself as a possible Burr successor for months.Another Republican, former Representative Mark Walker, a Trump ally, has already announced his candidacy, and Pat McCrory, a Republican former governor, is considering one. Mark Meadows, the former North Carolina representative and former Trump chief of staff, is also said to be in the mix.“We are going to take a very long look at all the candidates versus, you know, some kind of coronation,” said Mark Brody, a member of the Republican National Committee from Union County, outside Charlotte.Doug Heye, a former Republican National Committee spokesman who used to work for Mr. Burr, questioned whether Ms. Trump was willing to endure the tussle and tedium of running or serving. “Many people love the speculation and the attention, but being senator is a lot of hard work,” he said.First, however, there is the question of her residence. Ms. Trump currently lives with her husband, Eric, and their children in the northern suburbs of New York City and would have to move back..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Then there is the less straightforward question of branding. The Trump family name is a wild card — it will be a plus with loyalists and fund-raising nationally, but it could be a liability in a battleground that the former president won by a mere 1.3 percentage points in 2020. There is also a possibility Ms. Trump’s candidacy could help increase Democratic turnout, especially among the state’s large Black population.Or it might be a wash.“There is a myth that Trump voters will come out for Trump candidates or family members,” said John Anzalone, a Democratic pollster and a veteran of campaigns in the South. “Cult members only come out in full force for the cult leader.”That Ms. Trump’s may-or-may-not-happen candidacy is generating buzz is, in itself, a reflection of the party’s anxiety over its future.Ms. Trump’s boosters, led by Mr. Graham, view her presence as a way to weaponize the backlash against Mr. Burr’s vote, seen as a betrayal sufficient to warrant a rebuke by the North Carolina G.O.P. over his “shocking and disappointing” decision.Others simply see Ms. Trump as a potentially well-funded candidate with the built-in advantage of sky-high name recognition.Representative Patrick McHenry, a Republican who represents the Greensboro area, downplayed the importance of Mr. Burr’s vote but said Ms. Trump would “be the odds-on favorite” if she runs.“No one comes close,” he said.Glenn Thrush contributed reporting.AdvertisementContinue reading the main story More

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    After the Speech: What Trump Did as the Capitol Was Attacked

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storyAfter the Speech: What Trump Did as the Capitol Was AttackedNew evidence emerged in the impeachment trial about what President Donald J. Trump did from roughly 1 to 6 p.m. the day of the Capitol attack. But many questions remain unanswered.President Donald J. Trump at a rally near the White House on Jan. 6, the day of the Capitol siege.Credit…Pete Marovich for The New York TimesMaggie Haberman and Feb. 13, 2021Updated 9:17 p.m. ETThe impeachment trial of former President Donald J. Trump largely focused on his actions leading up to the violent attack on the Capitol on Jan. 6. But there was a crucial period that day of nearly five hours — between the end of Mr. Trump’s speech at the Ellipse urging his supporters to march to the Capitol and a final tweet telling his followers to remember the day forever — that remains critical to his state of mind.Evidence emerged during the trial about what Mr. Trump was doing during those hours, including new details about two phone calls with lawmakers that prosecutors said clearly alerted the president to the mayhem on Capitol Hill. Prosecutors said the new information was clear proof of Mr. Trump’s intent to incite the mob and of his dereliction to stop the violence, even when he knew that the life of Vice President Mike Pence was in danger.Senator Mitch McConnell of Kentucky, the Republican leader who on Saturday voted to acquit Mr. Trump but offered a sweeping endorsement of the prosecutors’ case, backed them up: “There’s no question — none — that President Trump is practically and morally responsible for provoking the events of the day. No question about it.”Still, many crucial questions remain unanswered about the president’s actions and mood from roughly 1 to 6 p.m. Jan. 6. Here is what is known so far:Mr. Trump concluded his incendiary speech on the Ellipse at 1:11 p.m. He had repeatedly told the crowd that the election was stolen from him and urged his supporters to march to the Capitol in a last-ditch effort to stop President-elect Joseph R. Biden Jr.’s victory from being certified. Mr. Trump said twice that he would go with them. And days before the march, he had told advisers that he wanted to join his supporters, but aides told him that people in the crowd were armed and that the Secret Service would not be able to protect him.Six minutes later, Mr. Trump’s motorcade began heading back to the White House. He arrived there at 1:19 p.m. as the crowd was making its way up Pennsylvania Avenue and beginning to swarm around the Capitol. Television news footage showed the mob as it moved closer to the doors.At some point, Mr. Trump went to the Oval Office and watched news coverage of a situation that was growing increasingly tense.At 1:34 p.m., Mayor Muriel Bowser of Washington made a formal request for assistance in a phone call with the Army secretary, Ryan D. McCarthy. At 1:49 p.m., as the Capitol Police asked Pentagon officials for help from the National Guard, Mr. Trump tweeted a video of his incendiary rally speech.It was around this time that some of Mr. Trump’s allies publicly called on him to do something. Chris Christie, the former governor of New Jersey, told ABC News that Mr. Trump needed to say something to stop the rioting.At 2:12 p.m., the same moment that the mob breached the building itself, Mr. Pence — who had defied the president by saying he planned to certify Mr. Biden’s victory — was rushed off the Senate floor. A minute later, the Senate session was recessed. Two minutes after that, at 2:15 p.m., groups of rioters began to chant, “Hang Mike Pence!”Nine minutes later, at 2:24 p.m., Mr. Trump tweeted a broadside at Mr. Pence for moving ahead to certify Mr. Biden’s win: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”At 2:26 p.m., after Mr. Pence had been whisked away, a call was placed from the White House to Senator Mike Lee, Republican of Utah, according to call logs that the senator provided during the impeachment proceedings.The president had made the call, but he was actually looking for Senator Tommy Tuberville, Republican of Alabama. Mr. Lee gave the phone to Mr. Tuberville, who has told reporters that he informed Mr. Trump that Mr. Pence had just been escorted out as the mob got closer to the Senate chamber.“I said, ‘Mr. President, they just took the vice president out, I’ve got to go,’” Mr. Tuberville recounted to Politico.This was a significant new piece of information. House prosecutors used it to argue that Mr. Trump was clearly aware that the vice president was in danger and that he had a callous disregard for Mr. Pence’s safety. On Friday, Mr. Trump’s defense team had insisted that Mr. Trump was not aware of any peril facing Mr. Pence.Back at the White House, advisers were trying to get Mr. Trump to do something, but he rebuffed calls to intercede, including those from people wanting to see the National Guard deployed. The president, several advisers said, was expressing pleasure that the vote to certify Mr. Biden’s win had been delayed and that people were fighting for him.“According to public reports, he watched television happily — happily — as the chaos unfolded,” Mr. McConnell said on Saturday. “He kept pressing his scheme to overturn the election. Even after it was clear to any reasonable observer that Vice President Pence was in serious danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his own vice president.”Senator Lindsey Graham of South Carolina, a close Republican ally of the president’s, told The Washington Post that he called Ivanka Trump, Mr. Trump’s eldest daughter, to try to get her to reason with her father. Mark Meadows, the White House chief of staff, also called Ms. Trump to see if she could talk to her father. A short time later, she arrived in the Oval Office, urging Mr. Trump to issue a statement.The White House counsel, Pat A. Cipollone, hammered at Mr. Trump to understand that he had potential legal exposure for what was taking place.Finally, at 2:38 p.m., Mr. Trump tweeted, “Please support our Capitol Police and Law Enforcement. They are truly on the side of our Country. Stay peaceful!”A short time later, at 3:13 p.m., Mr. Trump added a note, “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence! Remember, WE are the Party of Law & Order – respect the Law and our great men and women in Blue. Thank you!”Ms. Trump quoted her father’s tweet when she sent out her own, telling “American Patriots” to follow the law. She quickly deleted it and replaced it when she faced blowback on Twitter for appearing to praise the rioters as “patriots.”Around 3:30 p.m., Representative Kevin McCarthy of California, the House Republican leader and another ally of Mr. Trump’s, told CBS News’ Norah O’Donnell that he had spoken that afternoon with Mr. Trump as the Capitol was under siege.“I told him he needed to talk to the nation,” Mr. McCarthy said. “I told him what was happening right then.”The call became heated, according to a Republican congresswoman, Representative Jaime Herrera Beutler of Washington State, who said that Mr. McCarthy told her that Mr. Trump had sided with the mob as the Capitol attack unfolded, suggesting he had made a choice not to stop the violence.In a statement on Friday night that was admitted into evidence in the trial on Saturday, Ms. Herrera Beutler recounted that Mr. McCarthy had a shouting match with Mr. Trump during the call.Mr. McCarthy had told Mr. Trump that his own office windows were being broken into. “Well, Kevin, I guess these people are more upset about the election than you are,” Mr. Trump said, according to a report by CNN that the congresswoman confirmed.“Who do you think you’re talking to?” Mr. McCarthy fired back at one point, CNN reported, including an expletive.Meanwhile, the violence continued. At 4:17 p.m., Mr. Trump posted a video on Twitter of him speaking directly to the camera in the Rose Garden. “I know your pain,” Mr. Trump said. “I know you’re hurt. We had an election that was stolen from us, it was a landslide election, and everyone knows it, especially the other side. But you have to go home now.”He added, “We have to have peace. We have to have law and order. We have to respect our great people in law and order. We don’t want anybody hurt.”The violence continued. Well before the Capitol Police announced at 8 p.m. that the building had been secured, Mr. Trump put out a final tweet at 6:01 p.m.: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”AdvertisementContinue reading the main story More

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    How Democrats Could Have Made Republicans Squirm

    #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionKey TakeawaysTrump’s RoleGeorgia InvestigationExtremist Wing of G.O.P.AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow Democrats Could Have Made Republicans SquirmG.O.P. lawmakers were unlikely to convict Trump. But a different approach to impeachment would have been more difficult for them to ignore.Mr. McConnell, a former federal appeals court judge appointed by President George W. Bush, is a professor and the director of the Constitutional Law Center at Stanford Law School. He is the author, most recently, of “The President Who Would Not Be King: Executive Power Under the Constitution.”Feb. 13, 2021, 9:13 p.m. ETRepresentative Jamie Raskin, the lead impeachment manager, with colleagues after the Senate vote.Credit…Erin Schaff/The New York TimesProbably nothing could have moved enough Republican senators to vote to convict former President Donald Trump in his second impeachment trial.But the way the House chose to frame the article of impeachment made the prospect less likely. If the purpose of the proceeding was to produce a conviction and disqualification from future office, as opposed to mere political theater, the House should have crafted a broader and less legalistic set of charges.The sole article of impeachment was for “incitement of insurrection.” It focused on the afternoon of Jan. 6, when then-President Trump addressed an initially peaceful crowd of supporters and egged them on to go to the Capitol and to “fight like hell” against the recognition of an Electoral College victory for his opponent Joe Biden.Presumably, the drafters of the House impeachment resolution chose to frame their charge as incitement because this is an actual crime. The first impeachment of Mr. Trump was criticized (wrongly, in my view) for failing to allege a crime. But it is not necessary for an impeachment to be based on criminal conduct. As Alexander Hamilton explained in The Federalist No. 65, impeachment proceedings “can never be tied down by such strict rules” as “in the delineation of the offense by the prosecutors” in criminal trials. Rather, he said, the target of impeachment proceedings is “the abuse or violation of some public trust.”By charging Mr. Trump with incitement, the House unnecessarily shouldered the burden of proving the elements of that crime. This is not to say that senators may vote to convict only if those elements are proved, but that the terms of the impeachment article invited the defense to respond in the same legalistic terms presented by the House impeachment managers. They tried to broaden the focus during the trial, though not successfully.One element of the crime of incitement is the intent to induce imminent violence. The evidence shows that Mr. Trump was reckless and that violence was a foreseeable consequence of his incendiary speech, but a senator might reasonably conclude that it falls short of proving that he wanted his followers to assault members of Congress or to vandalize the Capitol.Moreover, the terms of the impeachment article opened the door for Mr. Trump’s defense team to play videos in which various Democrats said things that can be construed to encourage violence — a comparison that should be irrelevant but certainly muddied the waters.The House should have crafted its impeachment resolution to avoid a legalistic focus on the former president’s intent. This could have been done by broadening the impeachment article. The charges should have encompassed Mr. Trump’s use of the mob and other tactics to intimidate government officials to void the election results, and his dereliction of duty by failing to try to end the violence in the hours after he returned to the White House from the demonstration at the Ellipse.Whether or not Mr. Trump wanted his followers to commit acts of violence, he certainly wanted them to intimidate Vice President Mike Pence and members of Congress. That was the whole point of their “walk,” as Mr. Trump put it, to the Capitol. The mob was not sent to persuade with reasoning or evidence.Moreover, Mr. Trump’s actions on Jan. 6 were of a piece with attempts — nonviolent but no less wrongful — to intimidate other officials, such as Georgia’s secretary of state, to use their powers to thwart the election results. The Trump campaign had every opportunity to substantiate its claims of massive fraud in court and failed miserably to do so.By focusing the impeachment resolution on the charge of incitement of insurrection, the House made it easier for Mr. Trump’s supporters in the Senate to dismiss these acts of intimidation as irrelevant to the accusation on which they were voting.It should not be necessary to point out that the use of the presidential office to keep power after losing an election is the gravest possible offense against our democratic constitutional order — one that the authors of the Constitution specifically contemplated and sought to prevent. The violence of Jan. 6 was bad, but even if no one at the Capitol had been hurt that day, Mr. Trump’s attempts to mobilize a mob to impede the democratic process was still a high crime or misdemeanor.To make matters worse, Mr. Trump did nothing to stop the violence even when he was aware it was occurring. He did not deploy forces to the Capitol to put down the riot and protect members of Congress. He sent two messages to the rioters, but his appeals for peaceable behavior were tepid, and intermixed with words of support and affection for the rioters.Perhaps most egregious was his tweet that “Mike Pence did not have the courage to do what should have been done to protect our Country and our Constitution,” at a time when rioters were threatening to hang the vice president. We now know that a senator informed Mr. Trump of the danger to Mr. Pence — but Mr. Trump did not retract his tweet or lift a finger to protect Mr. Pence.This dereliction of his constitutional duty was wholly apart from any incitement and was an impeachable offense in itself. But it was not charged in the article of impeachment.It would be foolish to think that the vote on impeachment would come out differently if the charge had been differently framed. But if House was going to impeach, it should have framed the case to make it as difficult as possible for the Senate to acquit.It is far from clear that Mr. Trump incited the violence of Jan. 6 in a technical legal sense, but it is abundantly clear that he sought to intimidate members of Congress and other officials to block Mr. Biden’s election, and that he failed in his duty to do what he could to end the violence once it started. Those would be ample grounds for conviction, quite apart from whether Mr. Trump committed the crime of incitement.Michael W. McConnell, a former federal appeals court judge appointed by President George W. Bush, is a professor and the director of the Constitutional Law Center at Stanford Law School. He is the author, most recently, of “The President Who Would Not Be King: Executive Power Under the Constitution.”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, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    Trump Acquitted of Inciting Insurrection, Even as Bipartisan Majority Votes ‘Guilty’

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storyTrump Acquitted of Inciting Insurrection, Even as Bipartisan Majority Votes ‘Guilty’The verdict was unlikely to be the final word for former President Donald J. Trump, his badly divided party or the festering wounds the Jan. 6 riot that prompted the impeachment left behind.The House impeachment managers working in the Capitol on the last day of the impeachment trial against President Donald J. Trump.Credit…Erin Schaff/The New York TimesFeb. 13, 2021Updated 8:26 p.m. ETWASHINGTON — A Senate still bruised from the most violent attack on the Capitol in two centuries acquitted former President Donald J. Trump on Saturday in his second impeachment trial, as all but a few Republicans locked arms to reject a case that he incited the Jan. 6 rampage in a last-ditch attempt to cling to power.Under the watch of National Guard troops still patrolling the historic building, a bipartisan majority voted to find Mr. Trump guilty of the House’s single charge of “incitement of insurrection.” They included seven Republicans, more members of a president’s party than have ever returned an adverse verdict in an impeachment trial.But with most of Mr. Trump’s party coalescing around him, the 57-to-43 tally fell 10 votes short of the two-thirds majority needed to convict, and allow the Senate to move to disqualify him from holding future office.Among the Republicans breaking ranks to find guilty the man who led their party for four tumultuous years, demanding absolute loyalty, were Senators Richard Burr of North Carolina, 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.The verdict brought an abrupt end to the fourth presidential impeachment trial in American history, and the only one in which the accused had left office before being tried. But it was unlikely to be the final word for Mr. Trump, his badly divided party or the sprawling criminal and congressional investigations into the assault.It left behind festering wounds in Washington and around the country after a 39-day stretch unlike any in the nation’s history — encompassing a deadly riot at the Capitol, an impeachment of one president, the inauguration of another and a brief but rancorous trial in the Senate.The House had charged Mr. Trump with a single count of “incitement of insurrection.”Credit…Doug Mills/The New York TimesIt took only five days to reach a verdict, partly because Democrats and Republicans were united in their desire to avoid a prolonged proceeding and partly because Mr. Trump’s allies made clear before it even began that they were not prepared to hold him responsible. Most of the jury of senators had themselves witnessed the events that gave rise to the charge, having fled for their own lives, along with the vice president, as the mob closed in last month while they met to formalize President Biden’s victory.Party leaders and even the president’s most loyal supporters in the Senate did not defend his actions — a monthslong campaign, seeded with election lies, to overturn his decisive loss to Mr. Biden that culminated when Mr. Trump told thousands of his supporters to “fight like hell” and they did. Instead, in the face of a meticulous case brought by nine House prosecutors, they found safe harbor in technical arguments that the trial itself was not valid because Mr. Trump was no longer in office.But their overriding political calculation was clear. After party leaders briefly entertained using the process to purge Mr. Trump from their ranks, Republicans doubled down on a bet made five years ago: that it was better not to stoke another open confrontation with a man millions of their voters still singularly embrace.Senator Mitch McConnell, Republican of Kentucky and the minority leader, embodied the tortured balancing act, denouncing Mr. Trump on Saturday, minutes after voting to acquit him, for a “disgraceful dereliction of duty.” In blistering remarks from the Senate floor, Mr. McConnell, who had openly considered voting to convict Mr. Trump, effectively argued that he was guilty as charged, while arguing that there was nothing the Senate could do about it.“There is no question — none — that President Trump is practically and morally responsible for provoking the events of the day,” Mr. McConnell said. “The leader of the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feign surprise when people believe him and do reckless things.”But Mr. McConnell, who refused to call the Senate back into session to hold the trial while Mr. Trump was still in office, argued that he could not be convicted once he no longer was. Mr. McConnell said the only way to punish him now was through the criminal justice system. Mr. Trump, he said, “didn’t get away with anything yet.”Minutes after the verdict, Mr. Trump, barred from Twitter, broke an uncharacteristic silence he had maintained during the trial with a defiant statement issued from his post-presidential home in Florida, calling the proceeding “yet another phase of the greatest witch hunt in the history of our country.”He expressed no remorse for his actions, and strongly suggested that he planned to continue to be a force in politics for a long time to come.“In the months ahead, I have much to share with you, and I look forward to continuing our incredible journey together to achieve American greatness for all of our people,” Mr. Trump said.The “not guilty” verdict left him free to run for office again, but it remained unclear whether he could recover after he became the first president to seriously threaten the peaceful transfer of power. Public polling suggests Republicans have pulled their support in droves since the events of last month, but an acquittal is likely to empower Mr. Trump with the party’s activist base and further stoke the party’s gaping divisions.National Guard troops have remained at the Capitol since the deadly attack on Jan. 6.Credit…Alyssa Schukar for The New York TimesDemocrats, for their part, condemned the verdict but intended to quickly turn Washington’s focus to the new president’s ambitious legislative agenda and the coronavirus pandemic passing grim new milestones each day. The outcome promised to leave Mr. Biden, who took office pledging to “end this uncivil war,” with the monumental task of moving the nation past one of its most violent and turbulent chapters since the 19th century.But that did not mean party leaders were willing to forgo a potential political advantage. Speaker Nancy Pelosi quickly batted down the idea of a bipartisan censure resolution, saying it would let “cowardly senators” off the hook and constitute “a slap in the face of the Constitution.”“Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidential nominee and standard-bearer,” Senator Chuck Schumer, Democrat of New York and the minority leader, said moments after the vote. “Just look at what has happened. Look at what Republicans have been forced to defend. Look at what Republicans have chosen to forgive.”In a Capitol still ringed by fencing and barbed wire, the presiding officer, Senator Patrick J. Leahy of Vermont, set the question before senators shortly before 4 p.m.:“Senators, how say you? Is the respondent, Donald John Trump, guilty or not guilty?”Seated at mahogany desks defiled just weeks before by insurrectionists in search of material they could use to stop Mr. Biden’s victory, senators wearing masks to guard against spreading the coronavirus rose in alphabetical order to cast their votes.“It is, therefore, ordered and adjudged that the said Donald John Trump be, and he is, hereby acquitted of the charge in said article,” Mr. Leahy declared.The vote came hours after the trial briefly dissolved into chaos when House prosecutors made, then dropped, a surprise demand for witnesses who could reveal what the former president was doing as the assault unfolded. Instead, the two legal teams agreed to admit as evidence a written statement by a Republican congresswoman who has said she was told that the former president sided with the mob as rioters were attacking the Capitol.With the outcome a foregone conclusion, the trial itself became an illuminating and cathartic act for history, clarifying the scope of the violence that occurred.Representative Madeleine Dean hugging Representative Jamie Raskin, both impeachment managers, during the trial.Credit…Erin Schaff/The New York TimesIt could scarcely have been more different than Mr. Trump’s first trial a year ago. Then, the House tried to make its case around an esoteric plot to pressure Ukraine to smear Mr. Biden, and it failed largely on party lines.But over five days this week, the House managers put forward in harrowing detail an account of a horror that had played out in plain sight. Using graphic video and sophisticated visual aids, they made clearer than ever before how close the armed mob had come to a dangerous confrontation with Vice President Mike Pence and the members of the House and the Senate.All of it, the prosecutors argued, was the doing of Mr. Trump, who spread lies that the election had been “stolen” from him, cultivated outrage among his followers, encouraged violence, tried to pressure state election officials to overturn democratically decided results and finally assembled and unleashed a mob of his supporters — who openly planned a bloody last stand — to “stop the steal.” With no signs he was remorseful, they warned he could ignite a repeat if allowed to seek office again.“If that is not ground for conviction, if that is not a high crime and misdemeanor against the Republic and the United States of America, then nothing is,” Representative Jamie Raskin, Democrat of Maryland and the lead manager, said as he summed up his case. “President Trump must be convicted, for the safety and democracy of our people.”After stumbling out of the gate earlier in the week with meandering presentations, Mr. Trump’s legal team delivered the president a highly combative and exceedingly brief defense on Friday. Calling the House’s charge a “preposterous and monstrous lie,” they insisted over just three hours that the former president was a “law and order”-loving leader who never meant for his followers to take the words “fight like hell” literally, and could not have foreseen the violence that followed.Mr. Trump’s legal team, including Michael T. van der Veen, center, arriving at the Capitol on Saturday.Credit…Alyssa Schukar for The New York Times“They were not trying a case,” Michael T. van der Veen, a member of the hastily assembled legal team, said of Democrats in his own closing remarks. “They were telling a political tale, a fable, and a patently false one at that.”They also offered more technical arguments aimed at giving Republicans refuge for acquittal, arguing that it was not constitutional for the Senate to try a former president and that Mr. Trump’s election lies and bellicose words to his supporters could not be deemed incitement because the First Amendment protected his right to speak freely.The seven Republicans who rejected those arguments in favor of conviction were an ideologically diverse group at various stages of their political careers. Mr. Burr and Mr. Toomey plan to retire next year. Mr. Cassidy, Ms. Collins and Mr. Sasse were just re-elected, and Mr. Romney and Ms. Murkowski are among Mr. Trump’s most durable Republican critics.They appeared to draw strength from one another. Shortly before the vote, Mr. Cassidy walked a note to Mr. Burr. It read, “I am a yes,” he said later. Mr. Burr nodded back at him.Ms. Murkowski, who faces re-election next year in a state Mr. Trump won twice, said afterward she would not let her vote be “devalued by whether or not I feel that this is helpful for my political ambitions.”“This is not about me,” she told reporters. “This is really about what we stand for, and if I can’t say what I believe, what our president should stand for, then why should I ask Alaskans to stand with me?”After the attack and Republicans’ loss of the Senate, there had been a brief window in which it seemed as if the outcome might be different. Mr. McConnell privately told advisers that an impeachment conviction might be the only way to purge Mr. Trump from the party after four tumultuous years, and his openness to finding him guilty held out the possibility that a coalition of Republicans might follow his lead.But by the time the proceeding began, with Mr. Biden already in office, the party’s rank and file in Congress had made clear that Mr. Trump still had far too strong a pull among their voters to engage in a head-on fight. As the former president threatened to back primary challengers to the House Republicans who voted to impeach him, state parties across the country lined up votes to censure them or call for their resignations.Emily Cochrane More

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    Trump’s Lawyers Deny He Incited Capitol Mob, Saying It’s Democrats Who Spur Violence

    #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 storyTrump’s Lawyers Deny He Incited Capitol Mob, Saying It’s Democrats Who Spur ViolenceThe former president’s legal team rested its case without using even a quarter of the 16 hours allotted to it.Michael T. van der Veen, one of former President Donald J. Trump’s lawyers, on Friday before presenting the defense’s case.Credit…Erin Schaff/The New York TimesPeter Baker and Feb. 12, 2021Updated 8:04 p.m. ETFormer President Donald J. Trump’s legal team mounted a combative defense on Friday focused more on assailing Democrats for “hypocrisy” and “hatred” than justifying Mr. Trump’s own monthslong effort to overturn a democratic election that culminated in last month’s deadly assault on the Capitol.After days of powerful video footage showing a mob of Trump supporters beating police officers, chasing lawmakers and threatening to kill the vice president and House speaker, Mr. Trump’s lawyers denied that he had incited what they called a “small group” that turned violent. Instead, they tried to turn the tables by calling out Democrats for their own language, which they deemed just as incendiary as Mr. Trump’s.In so doing, the former president’s lawyers went after not just the House Democrats serving as managers, or prosecutors, in the Senate impeachment trial, but half of the jurors sitting in front of them in the chamber. A rat-a-tat-tat montage of video clips played by the Trump team showed nearly every Democratic senator as well as President Biden and Vice President Kamala Harris using the word “fight” or the phrase “fight like hell” just as Mr. Trump did at a rally of supporters on Jan. 6 just before the siege of the Capitol.“Suddenly, the word ‘fight’ is off limits?” said Michael T. van der Veen, one of the lawyers hurriedly hired in recent days to defend Mr. Trump. “Spare us the hypocrisy and false indignation. It’s a term that’s used over and over and over again by politicians on both sides of the aisle. And, of course, the Democrat House managers know that the word ‘fight’ has been used figuratively in political speech forever.”To emphasize the point, the Trump team played some of the same clips four or five times in less than three hours as some of the Democratic senators shook their heads and at least one of their Republican colleagues laughed appreciatively. The lawyers argued that the trial was “shameful” and “a deliberate attempt by the Democrat Party to smear, censor and cancel” an opponent and then rested their case without using even a quarter of the 16 hours allotted to the former president’s defense.Representative Jamie Raskin, center, the lead House impeachment manager, on Friday at the Capitol with aides and other managers during a break in the trial.Credit…Erin Schaff/The New York TimesIn the process, they tried to effectively narrow the prosecution’s “incitement of insurrection” case as if it centered only on their client’s use of that one phrase in that one speech instead of the relentless campaign that Mr. Trump waged since last summer to discredit an election he would eventually lose and galvanize his supporters to help him cling to power.“They really didn’t address the facts of the case at all,” said Representative Jamie Raskin, Democrat of Maryland and the lead impeachment manager. “There were a couple propaganda reels about Democratic politicians that would be excluded in any court in the land. They talk about the rules of evidence — all of that was totally irrelevant to the case before us.”After the Trump team’s abbreviated defense, the senators posed their own questions, generally using their queries to score political points. The questions, a total of 28 submitted in writing and read by a clerk, suggested that most Republicans remained likely to vote to acquit Mr. Trump when the Senate reconvenes for final arguments at 10 a.m. Saturday, blocking the two-thirds supermajority required by the Constitution for conviction.Some of the few Republicans thought to be open to conviction, including Senators Mitt Romney of Utah, Susan Collins of Maine and Lisa Murkowski of Alaska, grilled the lawyers about what Mr. Trump knew and when he knew it during the attack. The managers have argued that it was not just the president’s words and actions in advance of the attack that betrayed his oath, but his failure to act more assertively to stop his supporters after it started.Responding to the senators, the defense lawyers pointed to mildly worded messages and a video that Mr. Trump posted on Twitter after the building was stormed calling on his supporters not to use violence while still endorsing their cause and telling them that he loved them. The managers repeated that Mr. Trump never made a strong, explicit call on the rioters to halt the attack, nor did he send help.Mr. Romney and Senator Bill Cassidy, Republican of Louisiana, zeroed in on Mr. Trump’s failure to exhibit concern for his own vice president, Mike Pence, who was targeted for death by the former president’s supporters because he refused to try to block finalization of the election. Even after Mr. Pence was evacuated from the Senate chamber that day, Mr. Trump attacked him on Twitter, saying that “Mike Pence didn’t have the courage to do what should have been done.”Senator Mitt Romney returning to the Senate chamber after a break in the trial on Friday.Credit…Brandon Bell for The New York TimesMr. van der Veen told the senators that “at no point was the president informed that the vice president was in any danger.” But in fact, Senator Tommy Tuberville, Republican of Alabama, told reporters this week that he spoke by telephone with Mr. Trump during the attack and told him that Mr. Pence had been rushed out of the chamber. Officials have said that Mr. Trump never called Mr. Pence to check on his safety and did not speak with him for days.The defense team struggled to avoid directly addressing what managers called Mr. Trump’s “big lie” that the election was stolen, which led his supporters to invade the Capitol to try to stop Congress from counting the Electoral College votes ratifying the result. Senator Bernie Sanders of Vermont, an independent who caucuses with the Democrats, challenged Mr. Trump’s lawyers to say whether they believe he actually won the election.“My judgment?” Mr. van der Veen replied derisively and then demanded: “Who asked that?”“I did,” Mr. Sanders called out from his seat.“My judgment’s irrelevant in this proceeding,” Mr. van der Veen said, prompting an eruption from Democratic senators. He repeated that “it’s irrelevant” to the question of whether Mr. Trump incited the riot.Senate Democrats dismissed the defense’s efforts to equate Mr. Trump’s actions with Democratic speeches. “They’re trying to draw a dangerous and distorted equivalence,” Senator Richard Blumenthal, Democrat of Connecticut, told reporters during a break in the trial. “I think it is plainly a distraction from Donald Trump inviting the mob to Washington.”But for Republicans looking for reasons to acquit Mr. Trump, the defense was more than enough. “The president’s lawyers blew the House managers’ case out of the water,” said Senator Ron Johnson, Republican of Wisconsin.Even Ms. Murkowski, who called on Mr. Trump to resign after the Capitol siege, said the defense team was “more on their game” than during the trial’s opening day this week, although by day’s end, she indicated to a reporter she was agonizing over the decision.“It’s been five weeks — less than five weeks — since an event that shook the very core the very foundation of our democracy,” she said. “And we’ve had a lot to process since then.”During the question period, senators closely watched for clues about where their colleagues stood. Although most lawmakers still guessed that only a handful of Republicans would vote to convict, an additional group of Republicans, including Senator Mitch McConnell of Kentucky, the minority leader, have said almost nothing to colleagues about the unfolding trial in private or during daily luncheons before it convenes, prompting speculation that they could be preparing to break from the party.Senator Mitch McConnell of Kentucky, the Republican leader, on the Senate subway before the trial on Friday.Credit…Alyssa Schukar for The New York TimesThe managers need 17 Republicans to join all 50 Democrats to reach the two-thirds required for conviction. While Mr. Trump can no longer be removed from office because his term has ended, he could be barred from ever seeking public office again.The former president had trouble recruiting a legal team to defend him. The lawyers who represented him last year during his first impeachment trial did not come back for this one, and the set of lawyers he initially hired for this proceeding backed out in disagreement over strategy. Bruce L. Castor Jr., the leader of this third set, was widely criticized for his preliminary presentation on Tuesday, including reportedly by Mr. Trump.Mr. Castor and David I. Schoen were largely supplanted on Friday by Mr. van der Veen, who has no long history with the president and in fact was reported to have once called Mr. Trump a “crook” with an expletive, a statement he has denied. Just last year, Mr. van der Veen represented a client suing Mr. Trump over moves that might limit mail-in voting and accused the president of making claims with “no evidence.”But Mr. van der Veen on Friday offered the sort of aggressive performance that Mr. Trump prefers from his representatives as he accused the other side of “doctoring the evidence” with “manipulated video,” all to promote “a preposterous and monstrous lie” that the former president encouraged violence.A personal injury lawyer whose Philadelphia law firm solicits slip-and-fall clients on the radio and whose website boasts of winning judgments stemming from auto accidents and one case “involving a dog bite,” Mr. van der Veen proceeded to lecture Mr. Raskin, who taught constitutional law at American University for more than 25 years, about the Constitution. The managers’ arguments, Mr. van der Veen said, were “less than I would expect from a first-year law student.”He and his colleagues argued that Mr. Trump was exercising his free-speech rights in his fiery address to a rally before supporters broke into the Capitol. The lawyers leaned heavily on Mr. Trump’s single use of the word “peacefully” as he urged backers to march to the Capitol while minimizing the 20 times he used the word “fight.”“No thinking person could seriously believe that the president’s Jan. 6 speech on the Ellipse was in any way an incitement to violence or insurrection,” Mr. van der Veen said. “The suggestion is patently absurd on its face. Nothing in the text could ever be construed as encouraging, condoning or inciting unlawful activity of any kind.”Bruce L. Castor Jr. and Mr. van der Veen arriving at the Capitol on Friday.Credit…Jason Andrew for The New York TimesSensitive to the charge that Mr. Trump endangered police officers, who were beaten and in one case killed during the assault, the lawyers played video clips in which he called himself a “law and order president” along with images of antiracism protests that turned violent last summer.They likewise showed video clips of Democrats objecting to Electoral College votes in past years when Republicans won, including Mr. Raskin in 2017 when Mr. Trump’s victory was sealed, comparing them with Mr. Trump’s criticism of the 2020 election. At the same time, those videos also showed Mr. Biden, then vice president, gaveling those protests out of order.Stacey Plaskett, a Democratic delegate from the Virgin Islands and one of the managers, objected that many of the faces shown in the videos of Democratic politicians and street protesters were Black. “It was not lost on me so many of them were people of color and women, Black women,” she said. “Black women like myself who are sick and tired of being sick and tired for our children.”The defense lawyers contended that Democrats were pursuing Mr. Trump out of personal and partisan animosity, using the word “hatred” 15 times during their formal presentation, and they cast the trial as an effort to suppress a political opponent and his supporters.“It is about canceling 75 million Trump voters and criminalizing political viewpoints,” Mr. Castor said. “That’s what this trial is really about. It is the only existential issue before us. It asks for constitutional cancel culture to take over in the United States Senate. Are we going to allow canceling and banning and silencing to be sanctioned in this body?”Emily Cochrane More

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

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

    #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