@JonathanTurley suggests the founders would not react so quickly against a president who led an insurrection. Washington led an army of 13,000 people against a small group of farmers who wouldn't pay their taxes on whiskey.
One founder actually did lead an insurrection. His name was Aaron Burr. He was arrested and charged with treason. He walked on technical reasons and was already out of office so impeachment was not the right option, but he ended up in exile for years afterward.
(Beautifully, while in exile Burr lived in a house on Craven Street in London.) Turley also says that Trump's incitement to insurrection was protected speech. This is beyond ludicrous and shows a lack of understanding of the law that would get him kicked out of any law school.
As Justice Oliver Wendell Holmes laid out in his famous ruling on this matter in Schenck v. United States in 1919 in which he said there was no right to falsely shout fire in a crowded theater...
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
Leading a rebellion against the government of the United States is one of the primary evils the Congress has not just a right but an obligation to prevent. Indeed, what Trump was seeking was to destroy Congress as a step toward destroying democracy.
Trump is guilty of attempted Congresscide in pursuit of attempted democracide. The founders would have seen it clearly and likely defined it as treason.
The Constitution defines treason as "levying War against (the US), or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
Leading an violent mob in pursuit of a seditious goal is both "levying war" and "adhering to the enemies" of the United States. Actually supporting the violent act against the United States by helping with fund-raising and organizing is "giving them aid and comfort."
And of course, the 14th amendment contains an absolute ban on people holding high office who "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." So the view of the Constitution on such matters is clear.
Turley gets every aspect of the law wrong (as do the president's other defenders in the GOP.) Why do they do this when the law and the intent of the founders is so clear? There can only be one reason: partisan hackery. And for that reason these objections must be dismissed.

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More from @djrothkopf

15 Jan
Trumpism is no more a thing than Justin Bieberism. It's a fad. 5 years ago there was no Trumpist majority in the GOP. What's enduring is the GOP formula of exploiting the racism/nationalism of rural/suburban Americans to provide political fuel for policies that benefit the rich.
That formula--populism in the service of corporatism--has been with us for ages, was reshaped for the modern age under Reagan and has driven both the widening economic and political divides in America ever since. It will long survive Trump.
Trump weaponized it-fanning the flames of social division so that he could do even morefor a smaller & smaller percentage of the population. The reality was, he has not be very good at it. While he has GOP support, his popularity in polls has lagged all other recent presidents.
Read 10 tweets
14 Jan
2 impeachments sounds bad. But Trump's getting off light. There are legitimate reasons he could have been impeached at least 7 times...
1. Violation of campaign finance laws (M. Cohen case)
2. Violation of campaign finance laws/collaboration w/foreign intel service (Russia)
3. Obstruction of justice (see Mueller)
4. Corruption, self-dealing, violation of emoluments clause
5. Gross mismanagment, corruption associated with the COVID outbreak
6. Ukraine bribery scandal (impeachment 1)
7. Inciting insurrection (impeachment 2)
There are of course many things we don't know that could also be impeachable from security violations (with Putin and others), other instances of seeking foreign help w/election plans, tax fraud, other forms of corruption.
Read 4 tweets
12 Jan
Things the GOP did not find "divisive": Launching an insurrection against the US government, seeking to disenfranchise 81 million Americans, seeking to negate the votes of entire states, seeking to negate the votes of African Americans, attacking the Capitol...
...killing Capitol police officers, inciting a riots that claimed five lies, participating in the largest act of domestic terrorism in US history, hunting down Congresspeople in the halls of Congress, supporting and defending white supremacists...
...supporting and defending Neo-Nazis, turning US federal force against peaceful demonstrators across the country, calling Mexicans rapists, discriminating against Muslims, putting children in cages, ending protections for children born innocently in the United States...
Read 13 tweets
10 Jan
This week, I can't help but remember the warnings of the great Village Voice journalist Wayne Barrett, who started warning the world about Trump in the 1970s and who first exposed his sleaze and diseased character. Barrett died the day before Trump was inaugurated.
Here's one of Barrett's first pieces from 1979. villagevoice.com/2018/10/30/don…
And here's one of the best remembrances of Barrett that followed his death, from @POLITICOMag by @michaelkruse. politico.com/magazine/story…
Read 5 tweets
8 Jan
Just had to turn off CNN. Can't listen to one more pol bloviate about how Trump shouldn't be impeached because it will make healing harder. Have they not been paying attention? We got here because there have been no consequences for Trump's abuses...or those of predecessors.
Without consequences for Trump and those who supported this sedition and those who enabled his corruption and those who collaborated with a foreign enemy and those who obstructed justice THERE WILL BE NO HEALING.
The impunity of the empowered is what has fueled our current crisis & enabled them to inflame political divisions. Lincoln was wrong to let Confederate traitors off the hook. Ford was wrong to let Nixon off the hook. GHWBush was wrong to let the Iran-Contra crowd off the hook.
Read 5 tweets
8 Jan
If the (erroneous) Office of Legal Counsel memo saying president's can't be indicted for crimes while in office had not been written, hundreds of thousands of Americans would still be alive today.
If Rod Rosenstein had not told Mueller to stay out of investigating Trump's finances and to narrowly define his investigation, the coup attempt would never have taken place.
If Mueller had not gone along with Rosenstein and had followed all of the investigations into Trump's ties to the Russians and his finances, we would not have seen months of attempts to attack and weaken our democracy.
Read 21 tweets

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