Here are some key takeaways from @RepRaskin's formidable argument today: 1/ Trump's defense is that what he did was "totally appropriate" so the parties are proceeding on the joint assumption that it would happen again if he were re-elected in 2024;
/2 Trump's 12/19/20 tweet telling supporters to "be there" and that it will "be wild" on 1/6 expressly singled out the day - 1/6 - *because of" the counting of electoral college votes that day, which goes to knowledge and intent;
/3 Trump urged his supporters on 1/6 to "fight like hell," pointing to the Capitol, and *hell came* to the Capitol. This is a 1+1=2 definition of incitement of insurrection (rhetorically at least);
/4 In Trump's video, after officers were smashed over the head and bludgeoned for hours, Trump was not the consoler in chief, but instead fostered the big lie, which is precisely why rioters were there in the first place;
/5 At 6:01 PM, Trump tweeted to "remember this day forever," after telling people "We love you. You're very special." He was saying remember it as a commemoration and a celebration - not for its horrors. Yikes.
/6 @RepRaskin summed up Trump's role in t3 steps: (1) It's coming, said Trump (2) I told you it would happen and now it's here (3) Remember this special day forever. Without consequences, this call to action means more rounds of "insurrectionary justice" to come;
/7 @RepRaskin made the excellent point that people wrongly perceive this as putting someone in jail for a political opinion. This is a job decision - not jail. And it's not about Trump's ideology, but about whether he should hold office after sitting and watching it unfold on TV.
/8 And my favorite: This isn't just shouting "fire" in a crowded theatre, which is UN-protected speech. It's a fire chief sending people to set the fire and complaining after being fired that all he was doing was exercising his First Amendment rights to be "pro-fire."
/9 Would Senate Republicans be okay with 4 years of a president advocating for the overthrow of American government daily from the bully pulpit? An acquittal is a "yes," says @RepRaskin. Powerful stuff. (end)
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Some more takeaways from impeachment today: 1/ Lots of focus on the former VP - @glennkirschner2 just said on my IGTV show #SimplePolitics that House impeachment managers seem to be making a case that Donald Trump engaged in a conspiracy to attempt to murder #MIKEPENCE.
/2 Senators are biased jurors but also lived through the trauma; this presentation is putting them back on Jan. 6 at an emotional level, though some Republicans (@HawleyMO) reported failure to even watch the evidence. Will this change minds? Awaken hearts?
/3 It is excruciatingly clear that the Capitol Police and DC police department were abandoned by Donald Trump and left for hours to fight unaided for their lives. Republicans who vote to acquit can no longer claim to be on the side of law enforcement, period.
Let's not forget Judge Sullivan's words about #MichaelFlynn: “This is a very serious offense,” “Arguably, you sold your country out.” Flynn is “an unregistered agent of a foreign country, while serving as the national security adviser to the president of the United States.”
“[Flynn] was a high-ranking government official, advising the president of the United States,” Sullivan said. “I’m not hiding my disgust, my disdain, for this criminal offense.”
“I can’t promise you a sentence that involves no jail time." “You understand why” I was concerned, the judge told Flynn’s attorney Robert Kelner. “This sounds like a backpedaling on the acceptance of responsibility.”
The AG “may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.” And the AG has to explain why in writing./2
Rosenstein has said there are no grounds for removal, and an acting AG (Whitaker) is not the AG, so removal likely has to wait until a new AG is confirmed, so Mueller should be safe for now./3
That said, Trump defies norms, conventions and laws, so firing Rosenstein and Mueller in defiance of the law is not out of the question. Congress would have to act. /4