On day one the prosecution case was utterly compelling and that's not just my view, even Trump's lead lawyer said he'd been so impressed he'd decided to rip up his prepared presentation. We'll never know if it was any good or not, but his rambling 30 minutes in the limelight certainly hasn't enhanced his legal career, or standing with his client, especially by confirming Trump had indeed lost the election. It's said Trump was screaming at his TV down there in Mar-a-lago and maybe we were only robbed of the spectacle of an instant sacking by his lack of access to Twitter?
Of course it's not just Trump on trial as all those 50 Republican Senators have to decide which way to jump and they had all been so hoping judgement day could have been avoided had the process been declared unconstitutional. Unfortunately for them, Trump's last minute cobbled-together legal team lacked a constitutional expert and not even 90 minutes of fast-delivered but completely incomprehensible and contradictory verbiage prevented six Republicans voting with the Democrats.
Now I'm no lawyer and my knowledge of the US Constitution remains minimal, but am I alone in feeling just a tad concerned about the accused being able to get a fair trial when the judge and jurors are all witnesses and victims of the crime? The trial is even being held at the crime scene. Sorry about muddying the water like that, but just thought I'd better throw it in now just in case further down the line there might be reference to kangaroo justice or show trials even. But I guess it's ok because due to partisanship there's absolutely no chance of conviction, but entirely for the wrong reasons surely?
Even before we get to the main prosecution case, observers and commentators alike are beginning to ponder on what exactly would it take for more Republicans to break rank and just do the right thing? It's even being seriously suggested that had any Congress men or women died during the insurrection, such is Trump's hold over the GOP with the real fear of being 'primaried' or worse the target of violence, they will still publicly stay loyal. That's surely truly astonishing and demonstrates just how low US politics has sunk under the pernicious influence of Donald J Trump.
So, if I've got this right, despite being both witnesses and victims, if 17 Republicans still cannot bring themselves to convict, I guess we can say history must record for posterity who did the right thing and who the wrong when destiny came calling. But what if all 50 did the 'right' thing? Would that be right or wrong? Would it be for the right reasons and would it be fair? Maybe it doesn't matter because Trump is just dreadful, right?
You raise some interesting points Jim. As someone with knowledge of US Constitutional law I'd say you need to view it as a purely political process. Impeachment trials are ultimately the mechanism for removing a president from office, ie a disciplinary hearing rather than anything resembling a criminal trial. On this case Trump has already left the presidency so I guess the closest comparison would be a fitness to practice hearing following someone's dismissal
ReplyDeleteThe founders of the constitution rightly set a high threshold for conviction ie two thirds of senators as otherwise every president would end up being convicted whenever their party lost control of the senate. But the fact that senators act as the jury does make it a political process and the founders of the constitution never intended to make it anything other than that.
Senators aren't like regular jurors - after all, they appear on TV in advance of hearings to say whether they'll convict before they've heard any of the evidence whatsoever.
The political element explains why no president has ever been convicted and in all likelihood no president ever will. The Democratic senators that acquitted Clinton didn't do so because they thought he hadn't committed perjury but because he was one of their own. Which will be the same reason Trump is acquitted. Nixon resigned before being convicted and he would have probably been convicted because the Democrats had a huge majority and there were a handful of Republican senators who would have reached the two thirds threshold.
NY Times:-
ReplyDeleteProsecutors in Fulton County have initiated a criminal investigation into former President Donald J. Trump’s attempts to overturn Georgia’s election results, including a phone call he made to Secretary of State Brad Raffensperger in which Mr. Trump pressured him to “find” enough votes to help him reverse his loss.
On Wednesday, Fani Willis, the recently elected Democratic prosecutor in Fulton County, sent a letter to numerous officials in state government, including Mr. Raffensperger, requesting that they preserve documents related to Mr. Trump’s call, according to a state official with knowledge of the letter. The letter explicitly stated that the request was part of a criminal investigation, said the official, who insisted on anonymity to discuss internal matters.
The inquiry makes Georgia the second state after New York where Mr. Trump faces a criminal investigation. And it comes in a jurisdiction where potential jurors are unlikely to be hospitable to the former president; Fulton County encompasses most of Atlanta and overwhelmingly supported President Biden in the November election.
The Fulton County investigation comes on the heels of a decision Monday by Mr. Raffensperger’s office to open an administrative inquiry.
Fani Willis? Really?? What is this, Carry On up the White House?
Deleterepublican senator cassidy gave the most impressive speech yesterday, second only to the house managers' presentations. He said, after the trump defence closed, that he had voted the trial WAS constitutional because, taking the stance of an impartial juror, the case had been overwhelmingly made to move to trial.
ReplyDeletePity that won't be the approach taken by others.
I'd like to see trump seriously blot his copybook now with a particularly wild display of crass arrogance linked to his confidence he won't get convicted - something that might just irritate enough republican senators to give a conviction.
minority leader mcconnell cannot possibly hold his head up with any semblance of credibility for voting that the trial was unconstitutional. That must surely have made a huge dent in his political & social standing - the whole world saw the reality of the GOP cowering under trump's shadow.
Impeachment managers have today & tomorrow to present the case against trump without interruption or distraction by GOP counsel.
A truly powerful presentation (like yesterday's) might just tip enough GOP members into finally saying "fuck it, i've had enough of this shit - lets just get rid of him once & for all."
we can but hope...
That's not going to happen for the reasons I outlined above at 13.47 - this is a political process. The impeachment managers could present a video of Trump providing a full confession and it would make no difference! It's not a trial in the sense of a conventional criminal trial where evidence is weighed up by impartial jurors.
DeleteI compared it above to a disciplinary hearing or fitness to practice hearing but maybe the better comparison would be with a vote of confidence in the House of Commons. Whatever triggers it you can be pretty sure all but a handful of government MPs will express confidence and every opposition MP will not. Impeachment trials are no different really.
They are people. People are fickle. They are politicians. Politicians are more fickle than anyone. And they are pragmatists with no sense of shame. Changing their minds is as easy as changing their underwear.
DeleteThe impeachment managers are doing an excellent job of putting trump right in the centre of events - oppotunity, motive, location - and of using trump's own media to provide the narrative.
Maybe Twittercide will become a thing this week?
"Destroy the GOP" will be ringing in their ears for a lkng time to come. Many of them will not have seen or heard any of the AV being presented.
So far they've succeeded in turning trump into a highly toxic substance and I suspect the 'old money' GOP will already be shifting their votes; deals will be done over dinner tonight and maybe before there's any more damage done to GOP they might just try to broker a deal with the Democrats so as to limit that damage.
I just don't see that happening @22.41. Yes they're fickle but ultimately they care most about their own political survival. The latest polls shows that more than 80% of registered Republicans think Trump should be acquitted. So yes, the evidence may well shock Republican senators but it'll make no difference to how they voted. And I'm not sure the GOP establishment are really that bothered about Trump becoming toxic. They've always viewed him as a necessary evil who at the end of the day delivered them tax cuts and three conservative supreme court justices. They probably view Trump's presidency as a big success.
DeleteI was buoyed by the prosecution case.
DeleteBut trump's toxicity rating is important. Globally it makes him less valuable in cash terms.
Domestically it has another role to play. If successful it could distance trump from his one source of power - his 'base'.
He's already been shown to be the "inciter in chief" who was prepared to leave "everyone for dead".
That includes those who have been loyal to him for years - pence, barr, state republicans AND those who stormed the capitol building.
Expose trump's disregard for loyalty & his 'base' will diminish.
In fact, the GOP need to recognise that the more successful the Democrat case is, the more free the GOP will become. They will be released from trump's spell. It will be the bi-partisan unification they say they are seeking.
It will be a beautiful thing!!
More stories of probation colleagues, friends and family sick from COVID-19.
ReplyDeleteMeanwhile London director sends round robin email, can’t wait for us to FULLY return to back to face-to-face work SOON.
Couldn’t make it up!
So who can supply us with the content of said email? Or is it confidential?
Delete