Twenty-Fifth Amendment (US Constitution)

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    Is Trump an Agent or an Accident of History?

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    In Isaac Asimov’s Foundation novels, a “psychohistorian” in a far-flung galactic empire figures out a way to predict the future so exactly that he can anticipate both the empire’s fall and the way that civilization can be painstakingly rebuilt. This enables him to plan a project — the “foundation” of the title — that will long outlast his death, complete with periodic messages to his heirs that always show foreknowledge of their challenges and crises.Until one day the foreknowledge fails, because an inherently unpredictable figure has come upon the scene — the Mule, a Napoleon of galactic politics, whose advent was hard for even a psychohistorian to see coming because he’s literally a mutant, graced by some genetic twist with the power of telepathy.Donald Trump is not a mutant telepath. (Or so I assume — fact checkers are still at work.) But the debates about how to deal with his challenge to the American political system turn, in part, on how much you think that he resembles Asimov’s Mule.Was there a more normal, conventional, stable-seeming timeline for 21st century American politics that Trump, with his unique blend of tabloid celebrity, reality-TV charisma, personal shamelessness and demagogic intuition, somehow wrenched us off?Or is Trump just an American expression of the trends that have revived nationalism all over the world, precisely the sort of figure a “psychohistory” of our era would have anticipated? In which case, are attempts to find some elite removal mechanism likely to just heighten the contradictions that yielded Trumpism in the first place, widening the gyre and bringing the rough beast slouching in much faster?I have basically changed sides in this debate. Into the early part of Trump’s presidency I was an apologist for elite machinations: I wanted party unity against his primary candidacy, a convention rebellion against his nomination, even a 25th Amendment option when he appeared initially overmastered by the office of the presidency.Past a certain point, though, I became convinced that these efforts were not only vain but counterproductive. In part, this reflected strategic considerations: The plausible moment for unified intraparty resistance had passed, and the united front of elite institutions had failed spectacularly to prevent Trump from capturing the White House. In part it reflected my sense that “Resistance” politics were driving liberal institutions deep into their own kind of paranoia and conspiracism.But above all my shift reflected a reading of our times as increasingly and ineradicably populist, permanently Trumpy in some sense, with inescapable conflicts between insider and outsider factions, institutionalists and rebels — conflicts that seemed likely to worsen the more that insider power plays cement the populist belief that the outsiders would never be allowed to truly govern.This shift doesn’t mean, however, that I am immune to the arguments that still treat Trump as unique, even Mule-ish, with a capacity for chaos unequaled by any other populist. You can see this distinctiveness in the failures of various Republican candidates who have tried to ape his style. And you can reasonably doubt that a different populist would have gone all the way to the disgrace of Jan. 6 — or inspired as many followers.So as much as I find the legal case for the 14th Amendment disqualification entirely unpersuasive, I can almost make myself see the return-to-normalcy future that some of its advocates seem to be imagining.Start with a 7-to-2 decision, maybe written by Brett Kavanaugh, disqualifying Trump. Then comes a lot of ranting and rage that mostly works itself out online. Then a sense of relief among Republican officeholders who move on to a Nikki Haley vs. Ron DeSantis primary. Then various Trump-backed spoiler-ish and third-party options emerge but fizzle out. Then, quite possibly, you have a DeSantis or Haley presidency — in which partisan loyalty binds Republicans to their new leader, and an aging Trump eventually fades away.I will concede to partisans of disqualification that such a scenario is theoretically possible. I certainly would find some versions of it eminently desirable. (My fears about a Haley presidency I will save for a future column.)But what I would ask them in turn is whether, having lived through the last eight years of not just American but global politics, they actually find it likely that normalcy will be restored through this kind of expedient — a judicial fiat that millions of Americans will immediately regard as the most illegitimate governmental action of their lifetimes?What odds would they give that future historians, reflecting on our republic’s storms the way we now reflect on ancient Rome, will memorialize such an action as the moment when the seas began to calm?As opposed to what seems so much more likely — that it would eventually produce some further populist escalation, every-deepening division, not peace but the sword.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, Instagram, TikTok, X and Threads. More

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      Tim Scott Was Given a Chance to Attack Biden as Too Old. He Didn’t.

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      Mr. Scott, a Republican senator from South Carolina weighing a 2024 bid, told a questioner that the president deserves to be criticized on his policies, not his age.During a town hall on Monday at St. Anselm College in New Hampshire, Senator Tim Scott of South Carolina received a question about President Biden’s fitness for office, putting his stated desire to run a positive campaign to the test. Mr. Scott, who is expected to formally begin his presidential campaign at the end of the month, offered an answer that criticized Mr. Biden on the merits of his leadership, rather than his age or mental fitness.A Question for Tim ScottPaul Hardy, 77, a Republican voter and retired behavioral neurologist, first read Mr. Scott an excerpt from a message that President Lyndon B. Johnson sent to Congress about invoking the 25th Amendment, which lays out the presidential order of succession, should a president be deemed mentally or physically unable to serve. Mr. Hardy then lamented what he felt is a lack of action from Congress in providing standards for a president’s mental health.“There’s no way of assessing the competency of the commander in chief. Any major league owner of whatever sports team demands a detailed report on their health and capabilities. We as American people should expect this of our commander in chief, to have a full understanding of what their medical record is. As a potential candidate for the office of the presidency, what is your opinion on that?”The SubtextRepublicans have made Mr. Biden’s age and mental fitness a feature of their campaign messaging. If he is re-elected in 2024, Mr. Biden would be 82 at his second inauguration, and he is already the oldest president in U.S. history. Leagues of conservative commentators and several presidential candidates have used this fact to question whether Mr. Biden would be physically or mentally fit to serve a second term. And Mr. Biden himself has been presenting his age as an asset, not a hindrance. But his age is a major concern of voters across the political spectrum.Tim Scott’s Answer“I do not give the president a pass. I think he’s failing his job because he’s incompetent. I refuse to say it’s because he’s too old or he’s too frail. I think the bottom line is he has been co-opted by the radical left in his party. He ran as a uniter, he’s become a divider. You look at his policy positions. You look at the last State of the Union. What he said was that ‘I’m going to do what the radical left of my party wants to do.’ The problem that we have in the White House is an issue of competency. We just need an election. The 25th Amendment is one that takes into consideration folks who are unable to do their jobs. I believe he is unwilling to stand up to the party — the radical left of his party.”The SubtextMr. Scott’s response was in keeping with his overall strategy at this point in his nascent campaign of not engaging in personal attacks. He was tossed a softball question on a personal and base-animating issue that both Donald J. Trump and Nikki Haley, another Republican presidential contender, have eagerly swung at in recent speeches and interviews. Mr. Scott instead chose to go after Mr. Biden for things the president has under his control, like his policies and his ideology, rather than all that’s out of his control.Mr. Hardy, asked for his thoughts after the event, was less than satisfied with Mr. Scott’s answer: “He sidestepped it.” More

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      Joe Biden’s Greatest Strength Is Also His Greatest Vulnerability

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      In February 2020, just before the world shut down, I was waiting for Joe Biden to speak on a Friday night in Henderson, Nev. The next morning I watched Bernie Sanders rally a fairly young, largely Latino crowd in a packed Las Vegas high school cafeteria. The Biden event, held when it looked as if he would not win the nomination, was smaller and more subdued. On the other side of a rope separating media from attendees, a group of Biden supporters were talking about how stressful it would be to be president at their and Mr. Biden’s age. As I remember it, one of them said, “But he feels he has to do it.”Not much has changed about the substance of their conversation since then, other than three long years: Mr. Biden, at 80, is the oldest U.S. president ever. If and when he announces a re-election campaign, he will put into play the idea of an even older president, eventually 86 years old. “Is age a positive thing for him? No,” Nancy Pelosi recently told Maureen Dowd, before adding that age is “a relative thing.” For reasons ultimately only Mr. Biden can know, it seems he feels he has to do it.There’s a straightforward dimension to the problem: The effects of age can get beyond your control, and it’d be a safer bet to leave office before the risk probability elevates to a danger zone. Barney Frank decided well in advance that he would retire from Congress at 75, then did so in his early 70s. You could feel that would be the right choice for Mr. Biden or any other leader over a certain age threshold, and be done with this topic. But age and health knot together different contradictions in America. Everything’s so weird now. Tech types, athletes and people of means are spending millions to keep their bodies youthful, and to defeat decline, if not death. We live in this society where people frequently talk about their resentment of older leadership — and elect and re-elect older leaders.Donald Trump would also, were he to win and serve out a second term, turn 82, and you could view the final days of the first Trump White House through this prism. Nearly a quarter of the Congress was over 70 last year, Insider found, up from 8 percent in 2002. Senator Charles Grassley, a Republican and Iowa’s senior senator, won re-election at age 89 last fall. Two of the most powerful and defining congressional leaders of most of our lives — Mitch McConnell and Ms. Pelosi — are in their 80s, and until the recent hockey line change in House leadership, much of the Democratic congressional leadership was over 70. The Treasury secretary is 76. Two Supreme Court justices are in their 70s; in the last decade, death changed the ideological balance of the court.If he runs for this second term, squarely in this space of all these contradictions, Mr. Biden is making the same ask as he did during the 2020 election — to trust him, to trust that he will be proven right about himself. Qualitatively, Mr. Biden represents familiarity and stability, which both derive from his age and sit in uneasy tension with it.Mr. Biden premised his 2020 campaign on his singular ability to win the presidency, when a good number of people in politics and media didn’t think he could win even the nomination. He predicted a level of congressional function that many people found nostalgic to the point of exotic. This skepticism was, on a deep level, about his age and whether his time had passed and whether he was too distant from the political realities of the 2020s. The thing is: Mr. Biden was right before. He did win the nomination. He did win against Donald Trump. The first two years of the Biden presidency did involve a productive and occasionally bipartisan U.S. Congress. On some level, people like me were wrong. This whole presidency originated with Mr. Biden being right about himself, and therefore his age.And maybe he will be right again! That’s a real possibility, under-discussed in these conversations. Age is relative, as Ms. Pelosi said. Medical science keeps improving, and people keep living longer, healthier lives. Presidents can focus on the big picture and delegate the rest. Mr. Biden’s own parents lived to 86 and 92. Having purpose, professional or otherwise, can rejuvenate all our lives. He looked pretty lively during that State of the Union earlier this month, and certainly in Ukraine and Poland.A generation of old men, from Clement Attlee to Konrad Adenauer, rebuilt Europe after the catastrophic 1930s and 1940s, back when people lived much shorter lives. Mr. Adenauer, the first leader of West Germany, actually served until age 87. We haven’t lived through anything like World War II, but as we convulse through two decades of staggering technological change, that might explain the resurgence of some older and familiar leaders over the last decade. Maybe rather than resenting this generational hold on power that Mr. Biden represents, some segment of people is relieved by the continuity that he offers, and by his distance from our daily lives.It’s complicated to leave office when you have real power. If you were Mr. Sanders (81) or Mitt Romney (75), why would you walk away? Mr. Sanders and Mr. Romney retain their essential selves as public figures — they don’t seem especially changed by age. Neither has said whether he’s going to run again. But if they still feel vital and able, and they are in a position of actual agency and responsibility, then it’s hard to see why they should leave public life.The risk, though, registers at a different pitch with the presidency. Even if we’re not expecting the president to catch a bullet in his teeth or something, we have 100 senators and one president. Hundreds of federal judges, and nine Supreme Court justices. Some stuff matters more than others.This was a problem even at the very beginning of the country’s history. During the Constitutional Convention, a proposal arose about how to proceed if the president were unable to serve. According to James Madison’s notes, the delegate John Dickinson asked “What is the extent of the term ‘disability’ & who is to be the judge of it?” Nobody’s ever precisely resolved this dilemma, even with the 25th Amendment.Mr. Biden could be wrong. He could lose the election because of the way voters perceive his age, or he could make it to a second term only to suffer a serious illness in office. Would the country default to a discomfort with visible age and slant one way on Mr. Biden, or take a more nuanced view?In the fall, while thinking over some of these concerns, I saw Senator John Fetterman speak to a large Saturday afternoon crowd in an indoor sports complex in Scranton, Pa. Mr. Fetterman isn’t old — he’s 53 — but he did suffer a stroke and begin recovery while campaigning for office.That day in Scranton, though he moved fluidly and alertly, he struggled some with the cadence of his speech, which was mostly one-liners about Dr. Mehmet Oz. But the event opened up into a gentler moment when he asked, “How many one [sic] of you in your own life have had a serious health challenge? Hands. Personally. Any of you?” Tons of hands went silently up from the synthetic grass. “How many of your parents?” Nearly all the remaining hands went up and stayed up while he ticked off a few other close relations. Though this eventually segued into another joke about Mr. Oz, the silent, serious quality of this call-response was not how the campaign often played online and in the media, where Mr. Fetterman’s condition became a weapon to be bashed over him. The politics of health and age can be brutal.Last week, Mr. Fetterman entered Walter Reed medical center to treat depression. Annie Karni reported that Mr. Fetterman’s recovery has continued to be challenging as he adjusts to new accommodations and limitations. Though he initially faced criticism for not disclosing enough about his condition, over the last several months he has been public about the changes he has gone through and the accommodations he requires, and about depression, something millions of people face but politicians have rarely disclosed.Aging is different than depression or stroke recovery; but like those experiences, there is no shame in aging, and there’s also no suggesting that everything’s easy about it. The choice for Mr. Biden is only an elevated version of the one many people deal with: When will you know it’s time to retire or step back, and when to keep going? All of us are aging, gaining and losing capacities in ways we may not even be aware of.There’s no automatic test that will prove someone is “too old,” and even if there were, nobody would want to take it.You can drive yourself crazy with war games about the ways an election could go. What if Mr. Biden were to run and face a much younger candidate, instead of Mr. Trump? What if he stepped aside in favor of a younger potential successor who then lost to Mr. Trump, invalidating the entire premise of Mr. Biden’s 2020 presidential campaign?All that there is, in the end, is Mr. Biden’s request — to trust that he is right about himself. He’s been right before, and may well be right again. But the reason this question lingers is the unstable ground of the answer: The source of what makes people worry about the president is also the source of his power and appeal.Ms. Miller is a staff writer and editor in Opinion.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. More

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      Jan. 6 Panel Puts Focus on Cabinet Discussions About Removing Trump

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      Other reports verify Representative Liz Cheney’s assertion that cabinet members considered using the 25th Amendment to oust Donald Trump after the assault on the Capitol.When Representative Liz Cheney asserted at the House Jan. 6 hearing on Thursday that Trump administration cabinet members weighed invoking the constitutional process to remove President Donald J. Trump from office after the attack on the Capitol by his supporters, she did not immediately provide details or evidence.But as the federal government convulsed in the hours and days after the deadly riot, a range of cabinet officials weighed their options, and consulted one another about how to steady the administration and ensure a peaceful transition to a new presidency.Mike Pompeo, the secretary of state at the time, and Steven Mnuchin, then the Treasury secretary, discussed the possibility of invoking the 25th Amendment, which would have required the vice president and the majority of the cabinet to agree that the president could no longer fulfill his duties to begin a complex process of removal from office.Their discussion was reported by Jonathan Karl of ABC News in his book “Betrayal,” and described to The New York Times by a person briefed on the discussion. Mr. Pompeo has denied the exchange took place, and Mr. Mnuchin has declined to comment.Betsy DeVos, Mr. Trump’s education secretary, told USA Today this week that she raised with Vice President Mike Pence whether the cabinet should consider the 25th Amendment. But Mr. Pence, she said, “made it very clear that he was not going to go in that direction.”She decided to resign. So did Matt Pottinger, the deputy national security adviser.Eugene Scalia, then the labor secretary, discussed with colleagues right after the attack the need to steady the administration, according to three people familiar with the conversations.Mr. Scalia called an aide to Mr. Pence, they said, to say that he was uncomfortable with Mr. Trump having the level of power that he did and that there needed to be more involvement from the cabinet. Mr. Pence’s team did not want to make such a move.Mr. Scalia also had a conversation with Mr. Pompeo, which Mr. Pompeo shared with multiple people, in which Mr. Scalia suggested that someone should talk to Mr. Trump about the need do something to restore confidence in the government and a peaceful transition of power. In Mr. Pompeo’s rendering of that conversation, disputed by others, Mr. Scalia also suggested that someone should talk to Mr. Trump about resigning.Mr. Pompeo replied sarcastically by asking how Mr. Scalia imagined that conversation with Mr. Trump would go.Eugene Scalia, the labor secretary, and Betsy DeVos, the education secretary, at the White House in 2020. Both questioned President Donald J. Trump’s fitness for office after the Jan. 6 attack.Jason Andrew for The New York TimesMr. Scalia and Mr. Pompeo, through an aide, declined to comment.The reference by Ms. Cheney, a Wyoming Republican and the vice chairwoman of the House Jan. 6 committee, to the 25th Amendment being under consideration by cabinet members was one of the most striking assertions in the panel’s two-hour hearing. In the first of six planned public hearings, the committee presented a detailed case against Mr. Trump and the rioters who stormed the Capitol and delayed the congressional certification of the Electoral College results.Read More on the Jan. 6 House Committee HearingsThe Meaning of the Hearings: While the public sessions aren’t going to unite the country, they could significantly affect public opinion.An Unsettling Narrative: During the first hearing, the House panel presented a gripping story with a sprawling cast of characters, but only three main players: Donald Trump, the Proud Boys and a Capitol Police officer.Trump’s Depiction: Former president Donald J. Trump was portrayed as a would-be autocrat willing to shred the Constitution to hang onto power. Jared Kushner and Ivanka Trump: In videos shown during the hearing, Mr.Trump’s daughter and son-in-law were stripped of their carefully managed images.The panel has signaled that it plans to use the discussions about the 25th Amendment to show not only the chaos that Mr. Trump set off by helping stoke the riot but how little confidence those around him had in his ability to be president.“You will hear about members of the Trump cabinet discussing the possibility of invoking the 25th Amendment, and replacing the president of the United States,” Ms. Cheney said as she read her opening statement at the hearing. “Multiple members of President Trump’s own cabinet resigned immediately after Jan. 6.”In addition to Ms. DeVos, the transportation secretary, Elaine Chao — the wife of Senator Mitch McConnell, the Republican leader — also resigned.At the hearing on Thursday, Ms. Cheney also asserted that Republican lawmakers who had been involved in helping Mr. Trump overturn the election sought pardons from the White House in the final days of the administration. The committee plans to use the pardon requests as evidence of how those who helped Mr. Trump had a consciousness of guilt about what they had done.Ms. Cheney did not provide any evidence to substantiate her assertion, and she named only one lawmaker, Representative Scott Perry, Republican of Pennsylvania, as a pardon seeker.In an email, Jay Ostrich, a spokesman for Mr. Perry, called the assertion “a ludicrous and soulless lie.”Ms. Cheney promised that she would reveal supporting evidence at upcoming hearings, and a person familiar with the committee’s investigation said the panel had received testimony about the pardon requests.Mr. Perry coordinated a plan to try to replace the acting attorney general, who was resisting Mr. Trump’s attempts to investigate baseless election-fraud reports, with a more compliant official. Mr. Perry also endorsed the idea of encouraging Mr. Trump’s supporters to march on the Capitol on Jan. 6.The committee’s next hearing is scheduled for Monday, where the panel plans to lay out how Mr. Trump and his allies stoked the “Big Lie” that the election had been stolen. Two more hearings are scheduled for next week — one on Wednesday about the attempt at the Justice Department to oust the acting attorney general, and another on Thursday about the pressure campaign on Mr. Pence to block or delay certification of the electoral vote count.Three former Justice Department officials have agreed to testify at the Wednesday hearing, according to a letter sent to the committee on Friday.The three witnesses — Jeffrey A. Rosen, who was the acting attorney general, Richard P. Donoghue, the acting deputy attorney general, and Steven A. Engel, the former head of the Office of Legal Counsel — all participated in a tense meeting just before the Jan. 6 attack, where Mr. Trump considered firing Mr. Rosen and installing a loyalist in his place.Even before Jan. 6, government officials under Mr. Trump had discussed invoking the 25th Amendment.In the spring of 2017, after Mr. Trump fired James B. Comey, the F.B.I. director, the deputy attorney general, Rod J. Rosenstein, rattled by Mr. Trump’s handling of the dismissal, raised the possibility of invoking the 25th Amendment in a meeting with senior Justice Department and F.B.I. officials.The acting F.B.I. director, Andrew G. McCabe, had opened a counterintelligence investigation into Mr. Trump’s ties to Russia and was pressing Mr. Rosenstein to appoint a special counsel. Mr. Rosenstein agreed that Mr. Trump’s possible ties to Russia should be investigated but said that if an inquiry uncovered troubling evidence of Mr. Trump’s ties to Russia, the only remedy would be to invoke the 25th Amendment.Mr. Rosenstein then said that he had done the math and believed there were at least six cabinet officials who would go along with invoking it, including Attorney General Jeff Sessions and Homeland Security Secretary John F. Kelly. Despite raising the possibility, the idea went nowhere and Mr. Rosenstein appointed Robert S. Mueller III to be the special counsel.In the years that followed, there were several disclosures about others who had discussed the possibility of invoking the amendment. In 2019, a book by an anonymous administration official recounted that senior White House officials believed that Mr. Pence would go along with invoking the amendment to oust Mr. Trump. Mr. Pence denied that claim.A veteran CBS News producer named Ira Rosen wrote in his 2021 book about his time working in the news business that Stephen K. Bannon, the White House chief strategist until August 2017, had spoken with him about the 25th Amendment.And Mark T. Esper, Mr. Trump’s final Senate-confirmed defense secretary, wrote in his recent book, “A Sacred Oath,” about the aftermath of an incident when Mr. Trump delivered a diatribe against the military during a meeting with the Joint Chiefs of Staff in the second half of his term.Mark T. Esper, the former defense secretary, wrote in his book that a military officer had told him of his concerns about Mr. Trump’s fitness for office and had researched the process of removing him.Anna Moneymaker for The New York Times“Months later, one of the officers present told me in a phone call that he went home that evening deeply concerned about what he had seen in his commander in chief,” Mr. Esper recounted, without identifying the person in question.“The next morning, he said in a very sober tone, he started reading up on the 25th Amendment and the role of the cabinet as a check on the president,” Mr. Esper said. “He wanted to understand ‘what the cabinet needed to consider’ and what the process was.”Mr. Esper said that in his own view, Mr. Trump’s behavior never rose to the standard required for invoking the 25th Amendment. But that was before the postelection period, by which time Mr. Esper had been fired by Mr. Trump.Two days after the Capitol riot, Speaker Nancy Pelosi spoke to Gen. Mark A. Milley, the chairman of the Joint Chiefs.“This is bad, but who knows what he might do?” Ms. Pelosi said, according to the book “Peril,” by Bob Woodward and Robert Costa. “He’s crazy. You know he’s crazy. He’s been crazy for a long time. So don’t say you don’t know what his state of mind is.”“Madam Speaker,” General Milley replied, “I agree with you on everything.”Luke Broadwater More

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      Sean Hannity Told Trump After Jan. 6: ‘No More Stolen Election Talk’

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      The Fox News host Sean Hannity had some blunt advice for President Donald J. Trump on Jan. 7, 2021: “No more stolen election talk.”His guidance did not take. But documents disclosed on Thursday showed in vivid detail just how closely Mr. Hannity had worked with White House aides in a fervent, if brief, effort to persuade Mr. Trump to abandon his false claims about voter fraud after the Jan. 6 attack on the Capitol.One day after the attack, Mr. Hannity sent a text message to Kayleigh McEnany, then the White House press secretary, describing a five-point plan for approaching conversations with the president, according to documents released by the House committee investigating the Jan. 6 riot.After urging Ms. McEnany to avoid discussion of a “stolen election,” Mr. Hannity proffered another talking point to use with Mr. Trump: “Yes, impeachment and 25th amendment are real, and many people will quit …”Mr. Hannity appeared to be referring to the possibilities that Mr. Trump could be impeached, face mass resignations from his staff or be temporarily removed from office by a group of his cabinet secretaries invoking the 25th Amendment.Ms. McEnany replied: “Love that. Thank you. That is the playbook. I will help reinforce.”Fox News, where Ms. McEnany is now a commentator and a co-host of a weekday program, declined to comment on Thursday.In public, Mr. Hannity and Ms. McEnany remain lock-step supporters of Mr. Trump and his worldview. But their private exchanges show the level of alarm among even the president’s closest allies after the Jan. 6 riot, as Mr. Trump persisted in his false claims that the election had been stolen from him and his political future appeared deeply precarious.The exchanges were included in a letter sent by the House committee to Ivanka Trump, Mr. Trump’s daughter and one of his senior advisers. The committee is seeking Ms. Trump’s cooperation as it tries to piece together a scramble inside the White House to persuade Mr. Trump to denounce the attackers at the Capitol.In another exchange included in the letter, Mr. Hannity urged Ms. McEnany to keep the president away from certain advisers. “Key now. No more crazy people,” Mr. Hannity wrote. Ms. McEnany replied: “Yes 100%.”This month, the House committee asked Mr. Hannity to cooperate and answer questions about his communications with Mr. Trump and his aides in the days surrounding the riot. At the time, the committee disclosed messages in which Mr. Hannity advised Mark Meadows, then the White House chief of staff, on the president’s political future. “He can’t mention the election again. Ever,” Mr. Hannity wrote on Jan. 10, 2021, to Mr. Meadows and Representative Jim Jordan, an Ohio Republican.A lawyer for Mr. Hannity, Jay Sekulow, has said the committee’s request to interview Mr. Hannity raises “First Amendment concerns regarding freedom of the press.”Luke Broadwater More

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

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

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      #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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      McConnell Privately Backs Impeachment as House Moves to Charge Trump

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesHouse Introduces ChargeMcConnell Said to Support ChargeHow Impeachment Might Work25th Amendment ExplainedAdvertisementContinue reading the main storySupported byContinue reading the main storyMcConnell Privately Backs Impeachment as House Moves to Charge TrumpThe House was poised to formally call on Vice President Mike Pence to move to wrest power from the president, as Republican support built for impeaching him of inciting violence against the nation.Senator Mitch McConnell, the majority leader, walking past security forces to his office during a break in the Senate session that reconvened last week after a mob of Trump supporters attacked the Capitol.Credit…Anna Moneymaker for The New York TimesJonathan Martin, Maggie Haberman and Jan. 12, 2021Updated 9:40 p.m. ETWASHINGTON — Senator Mitch McConnell has concluded that President Trump committed impeachable offenses and believes that Democrats’ move to impeach him will make it easier to purge Mr. Trump from the party, according to people familiar with Mr. McConnell’s thinking.The private assessment of Mr. McConnell, the most powerful Republican in Congress, emerged on the eve of a House vote to formally charge Mr. Trump with inciting violence against the country for his role in whipping up a mob of his supporters who stormed the Capitol while lawmakers met to formalize President-elect Joseph R. Biden Jr.’s victory.In a sign that the dam could be breaking against Mr. Trump in a party that has long been unfailingly loyal to him, Representative Liz Cheney of Wyoming, the No. 3 Republican in the House, announced her intention to support the single charge of high crimes and misdemeanors, as other party leaders declined to formally lobby rank-and-file lawmakers to oppose it.“The president of the United States summoned this mob, assembled the mob, and lit the flame of this attack,” Ms. Cheney said in a statement. “There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution.”Even before Mr. McConnell’s position was known and Ms. Cheney had announced her plans, advisers to the Senate Republican leader had already privately speculated that a dozen Republican senators — and possibly more — could ultimately vote to convict Mr. Trump in a Senate trial that would follow his impeachment by the House. Seventeen Republicans would most likely be needed to join Democrats in finding him guilty. After that, it would take a simple majority to disqualify Mr. Trump from ever again holding public office.In the House, Representative Kevin McCarthy, the minority leader and one of Mr. Trump’s most steadfast allies in Congress, has asked other Republicans whether he ought to call on Mr. Trump to resign in the aftermath of last week’s riot at the Capitol, according to three Republican officials briefed on the conversations. While he has said he is personally opposed to impeachment, he and other party leaders did not mount an official effort to defeat the push, and Mr. McCarthy was working on Tuesday to build support for a censure resolution to rebuke the president for his actions.Taken together, the stances of Congress’s two top Republicans — neither of whom has said publicly that Mr. Trump should resign or be impeached — reflected the politically fraught and fast-moving nature of the crisis the party faces. After four years of backing the president at nearly every turn and refusing to condemn even his most extreme behavior, party leaders were racing to distance themselves from a president many of them now regard as a political and constitutional threat.Mr. McCarthy backed the electoral challenges Republicans lodged last week during Congress’s electoral count, voting twice to overturn Mr. Biden’s victory in key swing states even after the siege at the Capitol. Mr. McConnell had broken with Mr. Trump just as the rioters were breaching the building, warning of a descent into a “death spiral” for democracy if the efforts were to prevail.Mr. Trump has shown no trace of contrition. On Tuesday, in his first public appearance since the siege of the Capitol, he told reporters that his remarks to supporters at a rally that day — in which he exhorted them to go to the Capitol and “fight” so Republicans would reject the election results — had been “totally appropriate.” It was the specter of his impeachment, he said, that was “causing tremendous anger.” But with Twitter having suspended his account for good, Mr. Trump no longer has his favorite weapon to train on lawmakers who cross him, which could curtail the blowback they face for voting against him.Nonetheless, Mr. Trump’s advisers used their own Twitter feeds to highlight his hold on the party’s voters to keep Republicans in line. Jason Miller, a senior adviser, tweeted from an internal poll: “80% of Trump voters and 76% of Republicans in Battleground states are less likely to vote for a Member of Congress/U.S. Senator who votes for impeachment.”The Republican Party’s rapid turn against Mr. Trump unfolded as the House met into the night on Tuesday to debate and vote on a resolution formally calling on Vice President Mike Pence to invoke the 25th Amendment to strip the president of his powers, a move that Mr. Pence shot down hours before the House planned its action.In a letter to Speaker Nancy Pelosi, Mr. Pence argued that the amendment was meant to address medical emergencies or presidential “incapacity” and that using it as “a means of punishment or usurpation” would set a “terrible precedent.” In a veiled reference to impeachment, he urged Congress “to avoid actions that would further divide and inflame the passions of the moment” and pledged work in “good faith” with Mr. Biden’s transition team.“Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election, and I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our nation,” Mr. Pence wrote.With Mr. Pence refusing their call, Democrats planned a Wednesday vote on a single article of impeachment charging Mr. Trump with “inciting violence against the government of the United States.”The White House expected roughly two dozen Republicans to support the charge, according to a senior administration official who insisted on anonymity to share a private assessment. Along with Ms. Cheney, Representatives John Katko of New York, Adam Kinzinger of Illinois and Fred Upton of Michigan announced they would support the charge. Just over a year ago, House Republicans rallied unanimously against Democrats’ first impeachment of Mr. Trump.Forgoing a lengthy investigation, Democrats released a 76-page report collecting public information about the attack — including social media posts, news articles and other statements — and laying out a legal justification for impeachment.“It is true that the president’s remaining term is limited — but a president capable of fomenting a violent insurrection in the Capitol is capable of greater dangers still,” they wrote. “He must be removed from office as swiftly as the Constitution allows. He must also be disqualified to prevent the recurrence of the extraordinary threat he presents.”In the clearest sign to date that Ms. Pelosi plans to press the case to trial just as quickly as she brought it, she named nine Democrats as “managers” to serve as prosecutors in the Senate. Representative Jamie Raskin, Democrat of Maryland, will be the lead manager, she said. He will be joined by Representatives Diana DeGette of Colorado, David Cicilline of Rhode Island, Joaquin Castro of Texas, Eric Swalwell of California, Ted Lieu of California, Stacey Plaskett of the Virgin Islands, Joe Neguse of Colorado and Madeleine Dean of Pennsylvania.Mr. McConnell has indicated he wants to see the specific article of impeachment that the House is set to approve on Wednesday, and to hear the eventual arguments in the Senate. But the Senate Republican leader has made clear in private discussions that he believes now is the moment to move on from Mr. Trump, whom he blames for causing Republicans to lose the Senate. Mr. McConnell has not spoken to Mr. Trump since mid-December, when the senator informed the president he would be recognizing Mr. Biden as president-elect after the Electoral College certified it.David Popp, a spokesman for Mr. McConnell, declined to comment on Tuesday, instead pointing a reporter to a speech the Kentucky Republican made when he returned to the Senate floor after Wednesday’s siege.“This failed attempt to obstruct the Congress, this failed insurrection, only underscores how crucial the task before us is for our republic,” Mr. McConnell said as the Senate reconvened to complete the electoral count disrupted by the mob. “Our nation was founded precisely so that the free choice of the American people is what shapes our self-government and determines the destiny of our nation.”President Trump told reporters on Tuesday that his remarks to supporters had been “totally appropriate,” and that it was the specter of his impeaching that was “causing tremendous anger.”Credit…Doug Mills/The New York TimesOn Monday, Mr. Biden telephoned Mr. McConnell to ask whether it would be possible to set up a dual track that would allow the Senate to confirm Mr. Biden’s cabinet nominees and hold a Senate trial at the same time, according to officials briefed on the conversation who disclosed it on the condition of anonymity. Far from avoiding the topic of impeaching Mr. Trump, Mr. McConnell said it was a question for the Senate parliamentarian, and promised Mr. Biden a quick answer.After whipping votes to ensure Mr. Trump was not found guilty in the impeachment trial last year, Mr. McConnell has turned sharply against Mr. Trump. Last week, in a memo to Senate Republicans, he indicated it would be difficult to hold a trial before Jan. 20, but notably did not defend the president..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-1cs27wo{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;}@media (min-width:740px){.css-1cs27wo{padding:20px;}}.css-1cs27wo:focus{outline:1px solid #e2e2e2;}.css-1cs27wo[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1cs27wo[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1cs27wo[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1cs27wo[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;}The Trump ImpeachmentFrom 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 at the ongoing fallout:This video takes a look inside the siege on the capitol. This timeline shows how a crucial two hour period turned a 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.House Democrats have begun impeachment proceedings. A look at how they might work.Senator Chuck Schumer of New York, the Democratic leader, called on Mr. McConnell to use emergency powers to call the Senate back for a trial as soon as the articles were adopted.“The bottom line is that Leader McConnell has the ability to call us back into session and we can then move to convict Donald Trump, draw on the impeachment trial and try him,” Mr. Schumer told reporters in New York. “And that’s what we hope McConnell will do.”But because the Senate is in recess, the two leaders must agree to do so or else a trial would begin no sooner than Jan. 19, when they return. The next day, with Mr. Biden’s inauguration, Democrats will take operational control of the Senate, where they will have a working majority by dint of Vice President-elect Kamala Harris’s power to cast tiebreaking votes.For Mr. McConnell and other Republicans, the crisis offered an opportunity to bar Mr. Trump from seeking the presidency again in 2024, as he has repeatedly mused with allies about doing.“Congressional Republicans must evaluate this latest Trump situation and look at the best long-term solutions for the country,” said Scott Reed, a longtime Republican strategist. “This is now totally about Trump, not his supporters, and a permanent purge must be on the table.”But that prospect has created a conundrum for Republicans who, understanding the deep affection for Mr. Trump among a powerful segment of their party’s core supporters, are concerned they could pay a steep political price for abandoning him.In the days since the attack, Mr. McCarthy has veered from asking Republican colleagues if he should call on Mr. Trump to resign to privately floating impeachment to his current posture, opposed to impeachment but open to a censure. After he and over 100 other House Republicans opposed the certification of the Electoral College, Mr. McCarthy is now finding anger and regret among his Republican colleagues and is moving to take a tougher line with the president.Reports emerged Monday from Axios that the House Republican leader had had an intense conversation with Mr. Trump, during which the president floated conspiracy theories about the rioters and Mr. McCarthy pushed back forcefully.Unlike Mr. McCarthy, Mr. McConnell strongly opposed the effort by Senators Josh Hawley of Missouri and Ted Cruz of Texas to object to electoral votes from certain states.Representative Kevin McCarthy, the minority leader, voted to oppose the certification of the Electoral College, along with well over half of his House Republicans colleagues.Credit…Stefani Reynolds for The New York TimesThe two senators have received a hefty share of criticism from across the ideological spectrum, but there has been fallout for other Republicans who joined their ranks as well.A number Republican lawmakers and aides were worried that Senator Rick Scott of Florida, who is taking over the party’s Senate campaign arm, would find it highly difficult to raise money with corporate America moving to freeze out Republicans who refused to certify the Electoral College. Americans for Prosperity and its political action committee, funded by the influential conservative Koch network, will evaluate future support of politicians based on their actions last week, its chief executive told The Wall Street Journal.Mr. Biden has made clear, in public and private, that he will not oppose the Democratic push to impeach Mr. Trump, even though his advisers and some lawmakers in his party are concerned about the impact it could have on his first days in office.When he spoke with Mr. McConnell about the matter, the Senate leader left Mr. Biden with a bit of welcome news.Mr. McConnell, who led the 2016 blockade against confirming Judge Merrick B. Garland when he was President Barack Obama’s nominee for the Supreme Court, told Mr. Biden that he would vote to confirm Judge Garland as attorney general.AdvertisementContinue reading the main story More

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      House Sets Impeachment Vote to Charge Trump With Incitement

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesHouse Introduces ChargeHow Impeachment Might Work25th Amendment ExplainedAdvertisementContinue reading the main storySupported byContinue reading the main storyHouse Sets Impeachment Vote to Charge Trump With IncitementDemocrats are planning a Tuesday vote to formally call on the vice president to wrest power from President Trump and a Wednesday impeachment vote if he does not.Capitol Police officers standing guard on Monday outside the Speaker’s Lobby of the House chamber at the Capitol.Credit…Erin Schaff/The New York TimesJan. 11, 2021Updated 9:33 p.m. ETWASHINGTON — House Democrats introduced an article of impeachment against President Trump on Monday for his role in inflaming a mob that attacked the Capitol, scheduling a Wednesday vote to charge the president with “inciting violence against the government of the United States” if Vice President Mike Pence refused to strip him of power first.Moving with exceptional speed, top House leaders began summoning lawmakers still stunned by the attack back to Washington, promising the protection of National Guard troops and Federal Air Marshal escorts after last week’s stunning security failure. Their return set up a high-stakes 24-hour standoff between two branches of government.As the impeachment drive proceeded, federal law enforcement authorities accelerated efforts to fortify the Capitol ahead of President-elect Joseph R. Biden Jr.’s inauguration on Jan. 20. The authorities announced plans to deploy up to 15,000 National Guard troops and set up a multilayered buffer zone with checkpoints around the building by Wednesday, just as lawmakers are to debate and vote on impeaching Mr. Trump.Federal authorities also said they were bracing for a wave of armed protests in all 50 state capitals and Washington in the days leading up to the inauguration.“I’m not afraid of taking the oath outside,” Mr. Biden said Monday, referring to a swearing-in scheduled to take place on a platform on the west side of the Capitol, in the very spot where rioters marauded last week, beating police officers and vandalizing the building.Mr. Biden signaled more clearly than before that he would not stand in the way of the impeachment proceeding, telling reporters in Newark, Del., that his primary focus was trying to minimize the effect an all-consuming trial in the Senate might have on his first days in office.He said he had consulted with lawmakers about the possibility they could “bifurcate” the proceedings in the Senate, such that half of each day would be spent on the trial and half on the confirmation of his cabinet and other nominees.In the House, a vote was scheduled for Tuesday evening to first formally call on Mr. Pence to invoke the 25th Amendment. Republicans had objected on Monday to unanimously passing the resolution, which asked the vice president to declare “president Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting president.”The House is slated to begin debate on the impeachment resolution on Wednesday morning, marching toward a vote late in the day unless Mr. Pence intervenes beforehand.“The president’s threat to America is urgent, and so too will be our action,” Speaker Nancy Pelosi of California said, outlining a timetable that will most likely leave Mr. Trump impeached one week to the day after he encouraged his supporters to march to the Capitol as lawmakers met to formalize Mr. Biden’s victory.The vice president had already indicated that he was unlikely to act to force the president aside, and no one in either party expected Mr. Trump to step down. With that in mind, Democrats had already begun preparing a lengthier impeachment report documenting the president’s actions and the destruction that followed to accompany their charge.They were confident they had the votes to make Mr. Trump the first president ever to be impeached twice.The impeachment article invoked the 14th Amendment, the post-Civil War-era addition to the Constitution that prohibits anyone who “engaged in insurrection or rebellion” against the United States from holding future office. Lawmakers also cited specific language from Mr. Trump’s speech last Wednesday riling up the crowd, quoting him saying, “If you don’t fight like hell, you’re not going to have a country anymore.”The Republican Party was fracturing over the coming debate, as some agreed with Democrats that Mr. Trump should be removed and many others were standing behind the president and his legions of loyal voters. They were also fighting among themselves, with many Republicans furious over what took place a week ago and blaming their own colleagues and leaders for having contributed to the combustible atmosphere that allowed a pro-Trump rally to morph into a deadly siege.Unlike Mr. Trump’s first impeachment, in 2019, few Republicans were willing to muster a defense of Mr. Trump’s actions, and Representative Kevin McCarthy of California, the top House Republican, privately told his conference that the president deserved some blame for the violence, according to two people familiar with his remarks. Mr. McCarthy remained personally opposed to impeachment and tried to hold his conference together during a lengthy call on Monday afternoon.But as many as a dozen Republicans were said to be considering joining Democrats to impeach, including Representative Liz Cheney of Wyoming, the No. 3 House Republican.“It’s something we’re strongly considering at this point,” said Representative Peter Meijer, a freshman Republican from Michigan, told a Fox affiliate in his home state. “I think what we saw on Wednesday left the president unfit for office.”Mr. Trump gave his party little direction or reason to rally around him. Ensconced at the White House and barred from Twitter, he offered no defense of himself or the armed assailants who overtook the Capitol, endangering the lives of congressional leaders, their staffs and his own vice president.Chad F. Wolf, the acting secretary of homeland security, became the latest cabinet official to resign in the aftermath of the Capitol riot, stepping down just nine days before he was expected to help coordinate the security at the inauguration.If Mr. Trump is impeached by the House, which now seems virtually certain, he would then face trial in the Senate, which requires all senators be in the chamber while the charges are being considered. Democrats had briefly considered trying to delay an impeachment trial until the spring, to buy Mr. Biden more time without the cloud of such a proceeding hanging over the start of his presidency, but by late Monday, most felt they could not justify such a swift impeachment and then justify a delay.Still, the timing of a trial remained unclear because the Senate was not currently in session. Senator Chuck Schumer of New York, the top Democrat, was considering trying to use emergency procedures to force the chamber back before Jan. 20, a senior Democratic aide said, but doing so would take the consent of his Republican counterpart, Senator Mitch McConnell of Kentucky.House leaders said the timing and outcome of any Senate trial was secondary to their sense of urgency to charge Mr. Trump with crimes against the country.“Whether impeachment can pass the United States Senate is not the issue,” Representative Steny H. Hoyer of Maryland, the majority leader, told reporters. “The issue is, we have a president who most of us believe participated in encouraging an insurrection and attack on this building, and on democracy and trying to subvert the counting of the presidential ballot.”Other accountability efforts were underway in the shadow of the drive to punish Mr. Trump. Law enforcement fanned out across the country to track down and arrest members of the mob and heavily fortified the Capitol, where National Guard troops clad in camouflage uniforms roamed the ornate corridors and patrolled the sidewalks outside.Representative Tim Ryan of Ohio said the Capitol Police were investigating roughly a dozen of their own officers and had suspended two for potentially aiding the insurrectionists. One took selfies with those laying waste to the Capitol; another donned a “Make America Great Again” cap and potentially gave them directions, Mr. Ryan said.“Any incidents of Capitol Police facilitating or being part of what happened, we need to know that,” he said.Progressive lawmakers called for investigations and possible expulsions of Republicans who had supported Mr. Trump’s attempt to overturn the election and helped stoke the violence. More moderate Democrats discussed plans to try to ostracize them going forward — including by refusing to sign onto their legislative efforts or routine requests — because they were likely to remain in Congress. Republicans stoking the bogus claims of election theft themselves were mostly unapologetic and insisted their actions had nothing to do with the violence done in Mr. Trump’s name.“There may well be a vote on impeachment on Wednesday,” Representative Steny H. Hoyer, Democrat of Maryland and the majority leader, told reporters.Credit…Anna Moneymaker for The New York TimesThe four-page impeachment article charges Mr. Trump with “inciting violence against the government of the United States” when he sowed false claims about election fraud and encouraged his supporters at a rally outside the White House to take extraordinary measures to stop the counting of electoral votes underway at the Capitol. A short time later, rioters mobbed the building, ransacking the seat of American government and killing a Capitol Police officer. (At least four others died as a result of injuries or medical emergencies on Capitol grounds.)“In all this, President Trump gravely endangered the security of the United States and its institutions of government,” the article read. “He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of government. He thereby betrayed his trust as president, to the manifest injury of the people of the United States.”Members of the Maryland National Guard next to a statue of President Abraham Lincoln in the Capitol’s crypt on Monday.Credit…Erin Schaff/The New York TimesModern presidential impeachments have been drawn-out affairs, allowing lawmakers to collect evidence, hone arguments and hear the president’s defense over the course of months. When the Democratic-led House impeached Mr. Trump the first time, it took nearly three months, conducting dozens of witness interviews, compiling hundreds of pages of documents and producing a detailed case in a written report running 300 pages.It appeared this time that the House planned to do so in less than a week, with little more evidence than the fast accumulating public record of cellphone videos, photographs, police and journalistic accounts, and the words of Mr. Trump himself.“To those who would say, ‘Why do it now, there are only nine days left the president’s term?’” said Joe Neguse of Colorado, who has been drafting messaging guidance for the party. “I would say, ‘There are nine days in the president’s term.’”Mr. Trump’s most outspoken defenders opposed impeachment, though most did not explicitly defend his conduct. Many of them who just last week backed his drive to overturn Mr. Biden’s victory and voted to toss out legitimate results from key battleground states, argued that to impeach the president now would only further divide the country.In a letter to colleagues, Mr. McCarthy wrote that impeachment would “have the opposite effect of bringing our country together when we need to get America back on a path towards unity and civility.” He tried to point Republicans toward possible alternatives, including censure, a bipartisan commission to investigate the attack, changing the law that governs the electoral counting process that rioters disrupted and electoral integrity legislation.“Please know I share your anger and your pain,” he wrote. “Zip ties were found on staff desks in my office. Windows were smashed in. Property was stolen. Those images will never leave us — and I thank our men and women in law enforcement who continue to protect us and are working to bring the sick individuals who perpetrated these attacks to justice.”Some moderate Democrats were growing uneasy about the implications of such fast and punitive action, fearful both of the consequences for Mr. Biden’s agenda during his first days in office and of further igniting violence across the country among Mr. Trump’s most extreme supporters. They tried to cobble together support for a bipartisan censure resolution instead, but it appeared it might be too late to stop the momentum in favor of impeachment.Ms. Pelosi shut the idea down during her private call with Democrats, saying that censure “would be an abdication of our responsibility,” according to an official familiar with her remarks.Reporting was contributed by More