CD228: The Second Impeachment Trial of Donald Trump
Donald Trump was acquitted of "Incitement of Insurrection" at the end of his second impeachment trial. Many seem to think this result was inevitable, but that wasn't the case. In this episode, by examining the evidence and how it was presented by the House Impeachment Managers, learn how the trial could have been structured to provide the possibility of a different outcome. Please Support Congressional Dish – Quick Links
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Thank you for supporting truly independent media! Recommended Episodes
CD226: The 116th Lame Duck
CD206: Impeachment: The Evidence Articles/Documents
* Article: Georgia Prosecutor Investigating Trump Call Urges Patience, By Associated Press, US News, February 26, 2021
* Article: "A Date Which Will Live In Infamy": The Other Scandal From The Capitol Riot, By Jonathan Turley, February 22, 2021
* Article: The False and Exaggerated Claims Still Being Spread About the Capitol Riot, By Glenn Greenwald, February 16, 2021
* Article: A Step-by-Step Guide to the Second Impeachment of Donald J. Trump, By Weiyi Cai, The New York Times, February 13, 2021
* Article: VERIFY: Yes, Donald Trump can be subpoenaed to testify at his impeachment trial, By Katrina Neeper, WUSA, February 12, 2021
* Article: Trump's Lawyers Repeated Inaccurate Claims in Impeachment Trial, By Linda Qiu, The New York Times, February 12, 2021
* Article: "Much To Do About Nothing": The Withdrawal Of The Lee Claim Has "Much To Do" With A Glaring Flaw In The House Case, By Jonathan Turley, February 11, 2021
* Article: Georgia Prosecutors Open Criminal Inquiry Into Trump’s Efforts to Subvert Election, By Richard Fausset and Danny Hakim, The New York Times, February 10, 2021
* Article: Senate votes Trump impeachment trial is constitutional, By Marisa Schultz, Fox News, February 9, 2021
* Article: “THE PRESIDENT THREW US UNDER THE BUS”: EMBEDDING WITH PENTAGON LEADERSHIP IN TRUMP’S CHAOTIC LAST WEEK, By Adam Ciralsky, Vanity Fair, January 22, 2021
* Article: Yes, It Was a Coup Attempt. Here’s Why., By Fiona Hill, Politico, January 11, 2021
* Document: House Resolution, Article of Impeachment, U.S. House of Representatives 2021
* Article: Fact check: Georgia rejected ballots did not go from 4% to “almost zero” in 2020, By Reuters Staff, Reuters, November 23, 2020
* Article: Trump Misinformation on Georgia Ballot Rejections, By Robert Farley, FactCheck.org, November 20, 2020
* Insurrection Law and Legal Definition, USLegal Sound Clip Sources
Hearing: Senate Impeachment Trial Day 1 - Impeachment Managers, U.S. Senate, February 9, 2021
Congressional Record Transcript: Impeachment Day 1 Transcript:
David Shoen: A review of the house record reveals that the speaker streamlined the impeachment process. House Resolution 24 to go straight to the floor for two hour debate and a vote without the ability for amendments. The house record reflects no committee hearing no witnesses, no presentation or cross examination of evidence, and no opportunity for the accused to respond or even have counsel present to object. House managers claim the need for impeachment was so urgent that they had to rush the proceedings, with no time to spare for a more thorough investigation, or really any investigation at all. But that claim is belied by what happened or didn't happen next. The House leadership unilaterally and by choice waited another 12 days to deliver the article to this Senate to begin the trial process. In other words, the House leadership spent more time holding the adopted article than it did on the whole process leading up to the adoption of the article. We say respectfully, that this intentional delay by Speaker Pelosi such that in the intervening period, President Trump became private citizen Mr. Trump constitutes a lapse or waiver of jurisdiction here for Mr. Trump no longer is the president described as subject to impeachment in Article One, Section three, clause six, and in Article two, Section four, and this body therefore has no jurisdiction as a function of that additional due process violation by Speaker Pelosi. Moreover, with all due respect, then President Trump suffered a tangible detriment from Speaker Pelosi has actions which violates not only his rights to due process of law, but also his expressed constitutional right to have the Chief Justice preside. The impeachment articles should be treated as a nullity and dismissed based on the total lack of due process in the house.
David Shoen: For example, they contend, citing various law professors that quote any official who betrayed the public trust and was impeached could avoid accountability simply by resigning one minute before the Senate's final conviction vote. This argument is a complete canard. The Constitution expressly provides in Article One, section three clause seven, that a convicted party following impeachment shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law after removal. Clearly, a former civil officer who's not impeached is subject to the same. We have a judicial process in this country we have exactly an investigative process in this country, to which no former office holder is immune. That's the process that should be running its course.
Bruce Castor: I mean, let's let's understand why we are really here. We are really here, because the majority in the House of Representatives does not want to face Donald Trump as a political rival in the future. That's the real reason we're here.
David Shoen: Presidents are impeachable because presidents are removable. Former presidents are not because they cannot be removed. The Constitution is clear, trial by the Senate sitting as a court of impeachment is reserved for the President of the United States, not a private citizen, or used to be President the United States. Just as clear, the judgment required upon conviction is removed from office and a former president can no longer be removed from office.
Rep. Jaime Raskin (MD): Indeed, the most famous of these impeachments occurred, while the famed framers gathered in Philadelphia to write the Constitution. It was the impeachment of Warren Hastings, the former Governor General of the British colony of Bengal, and a corrupt guy. The framers knew all about it, and they strongly supported the impeachment. In fact, the Hastings case was invoked by name at the convention. It was the only specific impeachment case that they discussed at the convention. It played a key role in their adoption of the high crimes and misdemeanors standard. And even though everyone there surely knew that Hastings had left the office, two years before his impeachment trial began, not a single framer, not one raised a concern, when Virginia and George Mason held up the Hastings impeachment as a model for us in the writing of our Constitution.
Rep. Jaime Raskin (MD): Senators, Mr. President, to close, I want to say something personal about the stakes of this decision whether President Trump can stand trial and be held to account for inciting insurrection against us. This trial is personal Indeed, for every senator, for remember the house, every manager, all of our staff, the Capitol Police, the Washington DC, Metropolitan Police, the National Guard, maintenance and custodial crews, the print journalists and TV people who were here, and all of our families and friends. I hope this trial reminds America how personal…