Three thoughts recurred reading this.
1. The theory that ex-presidents can’t be tried by the Senate is fake, conjured in bad faith to give GOP sens cover to acquit without stating the truth: they’re OK with the right using violence to subvert democracy.
nymag.com/intelligencer/…
2. If and when Republicans acquit Trump on false pretext, Democrats must pivot immediately to a measure disqualifying insurrectionists from office under the 14th amendment—they might even warn Republicans that they’ll face this vote before the trial ends. nytimes.com/2021/01/12/opi…
3. This whole saga is an object lesson in the pitfalls of timidity and foot dragging. The original sin here was recessing the House in the hope of turning the page instead instead of voting on the impeachment within hours of the insurrection.
He’s right.
This was utterly predictable and predicted, beginning on the evening of Jan 6, before Dem leaders agreed to recess Congress.
Quibble: it isn’t just a talking point. It’s a knowing lie. None of them believed it until they realized they’d have to vote post-presidency, at which point they (with the help of dishonest legal “scholars”) began pretending it was a long-held principle.
Can’t overstate the importance of reporters conveying that this position was fabricated rapidly to give Republican senators dishonest cover to acquit Trump. Clearly evident in the genesis of the talking point.
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With a h/t to @steve_vladeck, the fact that Turley held the opposite view until Trump faced a post-presidency impeachment trial, and then fabricated an argument for Republicans who want to lie about why they'll vote to acquit HAS to be part of the story.
More on this here: lawandcrime.com/impeachment/a-…
Remember, they don’t believe this argument, they invented it over the past three weeks to obscure the true meaning of their coming votes to acquit: that they are OK with the right-wing using corruption and violence to subvert democracy.
Would be helpful to note that not a single Republican senator claiming to be certain that trying a former president is unconstitutional is telling the truth. They invented this idea in the last few weeks, with the help of a handful of unscrupulous legal “scholars.”
Today would be a great day for the MSM to discover that the Republicans pretending to believe you can’t impeach a former president more or less invented that idea a few weeks ago to cover their asses and help Trump get away with it. It’s all made up.
Exactly. I believe the coverage of the GOP position has been more than a bit too credulous, but this presentation may be overwhelming enough to persuade the refs to acknowledge that those Republicans are lying. One can hope anyhow.
Remember, all the Republicans voting no are lying. Every one of them.
If Republicans acquit Trump then run to the press to claim they were obligated to because of the lie they invented about the trial's unconstitutionality, Dems really must bring legislation disqualifying insurrectionists under the 14th amendment to the floor immediately.
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