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Comments on Impeachment

Wednesday February 10th 2021

The impeachment trial is underway. The house managers are successfully delivering the blatant evidence to the Senate. It is a strange trial because everyone knows Trump is guilty yet the decision of the Senate still lies in the balance due to the misplaced loyalties of many Republicans.

When good people are fearful of doing the right thing, there is an even greater need for resolute action. Some in the Senate must free themselves from the slavery they have fallen victim to. Justice should not be held to ransom. If the bully gets his way the Republicans will regret it sooner than they realise.

It is not about Republican, it is not about Democrat, its about a vile criminal who was getting near to destroying all the things that America tells the world they are proud of. A secret ballot would offer some protection to the Republican jurors but not as much protection as well measured criminal proceedings would.

Thursday February 11th 2021

Thursday saw the house impeachment managers concluding their case against Donald Trump. Ted Lieu gave a particularly good performance but the star of the show on this day has to be Jamie Raskin. In his penultimate delivery of the day, which included a cogent speech about the first amendment and how there is no way it can be used to excuse Donald Trumps criminal behaviour, we saw him cover just about all the bases in anticipation of the defence teams arguments on Friday.

The prosecution has made such a clear case that it will only be a shallow nest of procedural technicalities that the reluctant Republican Senators will be able to find solace in – albeit shuffling uncomfortably attempting to hide their embarrassment.

Team Trump’s lawyers are David Schoen, Castor, Michael van der Veen and William Brennan. So far they have not performed very well but given the circumstances it is hard to imagine how they could do well – it must be hard for anyone trying to defend the indefensible. That said, it is not likely they will ‘loose the case’ unless they manage to perform breathtakingly badly.

Once Trump’s team finish, there will be opportunity for a four hour session in which the Senators will be able to ask written questions – they may ask to see witnesses but this has not been decided yet.

Friday February 12th 2021

As scheduled, Trumps defence team took their place in the Senate to deliver their presentation. They were allotted a 16 hour window but after 4 hours had concluded their arguments . The Senate then began the Q&A earlier than anticipated.

Trump had declined the invitation to give testimony in the Senate but upon hearing his legal team’s delivery it sounded a lot of the time like they were mere puppets to their deranged master. The main thrust of their presentation was insultingly misleading and on many occasions did not stand up to ‘fact checking’. At times the defence sounded more like a statement of grounds to convict Trump, especially with regard to Trump’s interference in the election results – putting pressure on state officials.

At times the defence teams presentation was considered to be threatening Senators of reprisals if they did not acquit Trump but that aside, the main argument of the defence was that Trump was quite within the law to do what he did and was protected by the first amendment – a totally ludicrous argument given the situation. Would Trump be protected by the first amendment if he had said to a crowd of people he was going to launch a nuclear attack on China – China then pre-empted the action and struck first. I’m sure poor old Donald would feel deeply injured and a victim of a witch hunt if anyone blamed him!

What the Senate should do and what they will do are likely to be two very different things. Upon hearing the question from the Texan Senator, which sounded like Trump had written it himself, it is likely most Republicans will remain too scared to vote with their conscience and like sheep, allow a ridiculous herdsman to corral them in the hope they won’t escape.

Saturday February 13th 2021

In closing, the defence largely emulated the crass deceit of Trump. They were unable to answer any of the main issues, choosing instead to meander around an attack on a bipartisan prosecution – concluding that Trump was ok to do what he did because his opponents had done the same! The defence was entirely incorrect in their attack. Their desperation was clear as they tried to cower behind a smokescreen of distraction and sniping.

The house managers should be commended for their composure and professionalism, clearly laying out their case without too many moments of blinkered narrative.

Despite their poor performance the defence was never likely to loose. The Senate remained in session and voted. The count of votes saw 57 Guilty and 43 Not Guilty. There needed to be a two thirds majority for a conviction and so Trump was formerly acquitted of the charges against him.

Following the judgement the majority leader Chuck Schumer (Democrat) and the minority leader Mitch McConnell read statements to the Senate. Both leaders unequivocally denounced Trump. It was a surprise to hear such a clear statement from Mitch McConnell. He had voted to acquit Trump. He explained that he voted to acquit due to a constitutional/procedural technicality but not because he did not believe that Trump was solely responsible for the violence on January 6th and had behaved in a totally unacceptable way. He more than hinted that Trump should be put through the justice system to be tried for his crimes. Mitch McConnell succeeded in bringing some balance to the situation – as he (the Republican leader) read his statement to the Senate, Trump had issued his own statement at the same time spouting the nonsense about a Democratic witch hunt. Its good to know that there are still some in the Senate on the Republican side who have evaded the corral.