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[Second Impeachment] Acquitted of Armed Insurrection | 57 Votes for Guilty
moniker
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—Article I, Section II, Clause V
The Constitution wrote:The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
—Article I, Section III, Clauses VI and VII
The Constitution wrote:The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Press Conference of Speaker of the House, Nancy Pelosi (CA-12) 07 January 2021 Calling for the removal of President Trump for his incitement of an armed insurrection against the United States Congress
https://www.youtube.com/watch?v=E0zKX449U1ITranscript:
YESTERDAY THE PRESIDENT OF THE UNITED STATES DECIDED AN ARMED INSURRECTION AGAINST AMERICA -- INCITED AN ARMED INSURRECTION AGAINST AMERICA. THE VIOLENCE TARGETING CONGRESS OUR HORRORS THAT WILL FOREVER STAIN OUR NATIONS HISTORY. INSTIGATED BY THE PRESIDENT OF THE UNITED STATES. THAT'S WHY IT'S SUCH A STAIN. CALLING FOR THIS SEDITIOUS ACT, THE PRESIDENT HAS COMMITTED AN UNSPEAKABLE ASSAULT ON OUR NATION AND OUR PEOPLE. I JOIN THE DEMOCRATIC LEADER ON CALLING ON THE VICE PRESIDENT TO REMOVE THIS PRESIDENT BY IMMEDIATELY INVOKING THE 25TH AMENDMENT. IF THE VICE PRESIDENT DOES NOT ACT, THE CONGRESS MAY BE PREPARED TO MOVE FORWARD WITH IMPEACHMENT. THAT IS THE OVERWHELMING SENTIMENT OF MY. AND THE AMERICAN PEOPLE BY THE WAY. JUSTICE WILL BE DONE TO THOSE WHO CARRIED OUT THESE ACTS WHICH WERE ACTS OF SEDITION AND ACTS OF COWARDICE. TO THOSE WHOSE PURPOSE WAS TO DETER OUR RESPONSIBILITY, YOU HAVE FAILED. YOU DID NOT DIVERT THE CONGRESS FROM OUR SOLEMN CONSTITUTIONAL PURPOSE. TO VALIDATE THE OVERWHELMING ELECTION OF JOE BIDEN AND KAMALA HARRIS AS PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES. DESPITE THE DESECRATION OF OUR CAPITAL, WE UPHELD IN FRONT OF THE COUNTRY THE BEDROCK PRINCIPLE THAT THE PEOPLE ARE SOVEREIGN AND THAT THEY HOLD POWER TO CHOOSE THEIR LEADERS. REJECTING THIS ATTEMPTED COUP ON THE PART OF PRESIDENT TRUMP AND HIS SUPPORTERS. ACCOUNTABILITY IS ALSO NEEDED FOR REPUBLICANS IN CONGRESS WHO PROMOTED THE EXTREME CONSPIRACY THEORIES THAT PROVOKED THE VIOLENCE, ENCOURAGED THE MOB AND WHO AFTER DESECRATION OF THE CAPITAL WENT BACK TO THE HOUSE FLOOR AND CONTINUED TO UNDERPIN THIS ASSAULT ON OUR DEMOCRACY. THESE REPUBLICANS -- TO PROTECT THE AMERICAN PEOPLE AND DEFEND THE CONSTITUTION OF UNITED STATES. THE HOUSE WORKED THROUGH THE EVENING AND INTO THE MORNING UNTIL NEARLY 4 A.M. TO VALIDATE ELECTORAL COUNT PROCLAIMING JOE BIDEN AND KAMALA HARRIS AS THE DULY ELECTED PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES. I WANT TO SAY HOW PROUD I AM OF MY MEMBERS. FOR A WHILE NOW, ADAM SCHIFF SET FORTH A PLAN THAT WAS ABOUT THE CONSTITUTION. IT WAS NOT ABOUT DONALD TRUMP AND ALL THE REASONS HE SHOULD NOT BE PRESIDENT. HE WAS NOT PART OF THIS. IT WAS ABOUT THE CONSTITUTION AND HOW WE HAVE TO, WE ARE A COUNTRY OF LAW. WE ARE NOT A MONARCHY WITH A KING AS JAMIE HAS SAID OVER AND OVER AGAIN. I WANT TO ALSO THANK THE MEMBERS OF THE ARIZONA DELEGATION LED BY -- ARIZONA DELEGATION AND PENNSYLVANIA DELEGATION FOR THE PRESENTATIONS THAT THEY MADE TO REFUTE THE RIDICULOUS STATEMENTS BEING MADE BY OUR COLLEAGUES, FOR WHAT REASON I DON'T KNOW. IT WASN'T ABOUT REASON. I THANK THEM FOR THOSE. ALL OF THIS THIS WEEK, OUR SWEARING IN ON SUNDAY, PREPARING FOR WEDNESDAY AS THE WEEK BEGAN. THE ELECTION OF TWO DEMOCRATS IN GEORGIA BECAUSE OF THE OVERWHELMING PARTICIPATION OF PEOPLE AT THE GRASSROOTS LEVEL. SO MANY PEOPLE, I'M SO PROUD OF OUR HOUSE MEMBERS. THE CHAIR OF THE GEORGIA DEMOCRATIC PARTY, NEWLY ELECTED CAROLYN BARDO, DAVID SCOTT, THE DEAN OF THE DELEGATION, HANK JOHNSON. THEY HAD THEIR PLAN ALREADY SHOULD THEY HAVE A JET DID -- SHOULD THEY HAVE OBJECTED TO GEORGIA. WE WERE PREPARED. MEMBERS WORKED HARD. IT'S ABOUT DEFENDING THE CONSTITUTION, HONORING OUR PURPOSE TO COUNT AND ASCERTAIN THE ELECTORAL NUMBERS. VERY PLEASED NOW THAT WE HAVE 13 DAYS. PRESIDENT JOE BIDEN AND A DEMOCRATIC HOUSE MAJORITY AND A DEMOCRATIC SENATE MAJORITY THAT WILL WORK TO HEAL AND RESTORE THE SOUL OF OUR NATION. I WILL CLOSE BY ST. FRANCIS WHOSE SONG OF ST. FRANCIS IS OUR CITIES ANTHEM. WHERE THERE IS DARKNESS, MAY YOU BRING LIGHT. THE LIST GOES ON. SO DOES THE TIME FOR HEALING. TAKE US DOWN A PATH OF UNITY, UNITY FOR OUR COUNTRY.
H. Res. 24 | Articles of Impeachment against President Donald John Trump [PDF]
RESOLUTION
Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.
Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following article of impeachment be exhibited to the United States Senate:
Article of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Donald John Trump, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.
ARTICLE I: INCITEMENT OF INSURRECTION
The Constitution provides that the House of Representatives ‘‘shall have the sole Power of Impeachment’’ and that the President ‘‘shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors’’. Further, section 3 of the 14th Amendment to the Constitution prohibits any person who has ‘‘engaged in insurrection or rebellion against’’ the United States from ‘‘hold[ing] any office . . . under the United States’’. In his conduct while President of the United States—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump engaged in high Crimes and Misdemeanors by inciting violence against the Government of the United States, in that:
On January 6, 2021, pursuant to the 12th Amendment to the Constitution of the United States, the Vice President of the United States, the House of Representatives, and the Senate met at the United States Capitol for a Joint Session of Congress to count the votes of the Electoral College. In the months preceding the Joint Session, President Trump repeatedly issued false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by State or Federal officials. Shortly before the Joint Session commenced, President Trump, addressed a crowd at the Ellipse in Washington, DC. There, he reiterated false claims that ‘‘we won this election, and we won it by a landslide’’. He also willfully made statements that, in context, encouraged—and foreseeably resulted in—lawless action at the Capitol, such as: ‘‘if you don’t fight like hell you’re not going to have a country anymore’’. Thus incited by Presi9 dent Trump, members of the crowd he had addressed, in an attempt to, among other objectives, interfere with the Joint Session’s solemn constitutional duty to certify the results of the 2020 Presidential election, unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced Members of Congress, the Vice President, and Congressional personnel, and engaged in other violent, deadly, destructive, and seditious acts.
President Trump’s conduct on January 6, 2021, followed his prior efforts to subvert and obstruct the certification of the results of the 2020 Presidential election. Those prior efforts included a phone call on January 2, 2021, during which President Trump urged the secretary of state of Georgia, Brad Raffensperger, to ‘‘find’’ enough votes to overturn the Georgia Presidential election results and threatened Secretary Raffensperger if he failed to do so.
In all this, President Trump gravely endangered the security of the United States and its institutions of Government. He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States.
Wherefore, Donald John Trump, by such conduct, has demonstrated that he will remain a threat to national security, democracy, and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. Donald John Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.
Passed in the House 232-197 | Roll Call 17
Relevant Statutes:
18 U.S. Code § 2381 - Treason
18 U.S. Code § 2381 - Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
18 U.S. Code § 2383 - Rebellion or insurrection
18 U.S. Code § 2383 - Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
18 U.S. Code § 2384 - Seditious conspiracy
18 U.S. Code § 2384 - Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
18 U.S. Code § 2385 - Advocating overthrow of Government
18 U.S. Code § 2385 - Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
CRS Report | The Impeachment Process in the Senate [PDF]
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The OP will be continually updated as information becomes available, and I have time to add to it.
moniker on
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This discussion has been closed.
Posts
C-SPAN:
https://www.c-span.org/impeachment/
NPR:
https://www.npr.org/tags/216163255/impeachment
PBS:
https://www.pbs.org/newshour/
Adam Schiff D-CA
Jerry Nadler D-NY
Hakeem Jeffries D-NY
Zoe Lofgren D-CA
Val Demmings D-FL
Jason Crow D-CO
Sylvia Garcia D-TX
*************
Overturn the Election Edition:
(AL-04) Robert Aderholt
(GA-12) Rick Allen
(TX-19) Jodey Arrington
(TX-36) Brian Babin
(IN-04) Jim Baird
(IN-03) Jim Banks
(MI-01) Jack Bergman
(OK-05) Stephanie Bice
(AZ-05) Andy Biggs
(NC-09) Dan Bishop
(CO-03) Lauren Boebert
(IL-12) Michael Bost
(AL-05) Mo Brooks
(NC-13) Ted Budd
(TN-02) Tim Burchett
(TX-26) Michael Burgess
(CA-42) Ken Calvert
(FL-03) Kat Cammack
(AL-01) Jerry Carl
(GA-01) Buddy Carter
(TX-31) John Carter
(NC-11) Madison Cawthorn
(VA-06) Ben Cline
(TX-27) Michael Cloud
(GA-09) Andrew Clyde
(OK-04) Tom Cole
(AR-01) Rick Crawford
(OH-08) Warren Davidson
(TN-04) Scott DesJarlais
(FL-25) Mario Díaz-Balart
(FL-19) Byron Donalds
(SC-03) Jeff Duncan
(FL-02) Neal Dunn
(KS-04) Ron Estes
(TX-04) Pat Fallon
(MN-07) Michelle Fischbach
(WI-05) Scott Fitzgerald
(TN-03) Chuck Fleischmann
(FL-15) Scott Franklin
(ID-01) Russ Fulcher
(FL-01) Matt Gaetz
(CA-25) Michael Garcia
(OH-07) Bob Gibbs
(FL-26) Carlos Giménez
(TX-01) Louie Gohmert
(VA-05) Bob Good
(TX-05) Lance Gooden
(AZ-04) Paul Gosar
(MO-06) Sam Graves
(TN-07) Mark Green
(GA-14) Marjorie Taylor Greene
(VA-09) Morgan Griffith
(MA-03) Michael Guest
(MN-01) Jim Hagedorn
(MD-01) Andy Harris
(TN-01) Diana Harshbarger
(MO-04) Vicky Hartzler
(OK-01) Kevin Hern
(NM-02) Yvette Herrell
(GA-10) Jody Hice
(LA-03) Clay Higgins
(NC-08) Richard Hudson
(CA-50) Darrell Issa
(TX-13) Ronny Jackson
(NY-27) Chris Jacobs
(LA-04) Mike Johnson
(OH-06) Bill Johnson
(OH-04) Jim Jordan
(PA-13) John Joyce
(MA-01) John Kelly
(PA-16) Mike Kelly
(CA-01) Doug LaMalfa
(CO-05) Doug Lamborn
(KS-02) Jake LaTurner
(AZ-08) Debbie Lesko
(MO-07) Billy Long
(GA-11) Barry Loudermilk
(OK-03) Frank Lucas
(MO-03) Blaine Luetkemeyer
(NY-11) Nicole Malliotakis
(KS-01) Tracey Mann
(FL-18) Brian Mast
(CA-23) Kevin McCarthy
(MI-10) Lisa McClain
(IL-15) Mary Miller
(WV-03) Carol Miller
(AL-02) Barry Moore
(OK-02) Markwayne Mullin
(TX-22) Troy Nehls
(SC-05) Ralph Norman
(CA-22) Devin Nunes
(CA-08) Jay Obernolte
(MS-04) Steven Palazzo
(AL-06) Gary Palmer
(PA-10) Scott Perry
(TX-11) August Pfluger
(FL-08) Bill Posey
(PA-14) Guy Reschenthaler
(SC-07) Tom Rice
(AL-03) Mike Rogers
(KY-05) Hal Rogers
(TN-06) John Rose
(MT-01) Matt Rosendale
(NC-07) David Rouzer
(FL-04) John Rutherford
(LA-01) Steve Scalise
(TX-17) Pete Sessions
(MO-08) Jason Smith
(NE-03) Adam Smith
(FL-17) Greg Steube
(WI-07) Tom Tiffany
(SC-04) William Timmons
(NJ-02) Jeff Van Drew
(MI-07) Tim Walberg
(IN-02) Jackie Walorski
(TX-14) Randy Weber
(FL-11) Daniel Webster
(TX-25) Roger Williams
(SC-02) Joe Wilson
(TX-06) Ron Wright
(NY-01) Lee Zeldin
United States Senators:
(R-TX) Ted Cruz
(R-MO) Josh Hawley
(R-MS) Cindy Hyde-Smith
(R-LA) John Kennedy
(R-KS) Roger Marshall
(R-FL) Rick Scott
(R-AL) Tommy Tuberville
Retain the Insurrectionist President Edition:
United States Representatives
The 6th of January
Donald Trump's insurrectionist plot
I know of no reason
why Donald Trump's treason
should ever be forgot
MAGA! MAGA!
His mob's lament
As they stormed the seat
of our Government
With bombs and bullets
They did show
T'was American Democracy
He hoped to overthrow
But murder and mayhem,
Could not prevent
Swearing in Joe Biden
Our next President!
Holloa boys, Holloa boys,
Ring out the bells
Holloa boys, Holloa boys,
Donald Trump will burn in Hell!
Once the two Georgia Dems are sworn in, we have a 50/50 senate, yes?
Pence remains the VP, and therefore casts the tiebreaking vote that keeps McConnell as the majority leader.
Kamala does not replace Pence as VP until inaguration on the 20th, making her the tiebreaker that can hand majority control to Schumer.
Ergo if McConnell's slow-ass interpretation of impeachment timetable rests on him remaining majority leader, he's going to remain majority leader until Trump is out of office, meaning he can delay impeachment trial until Trump is out of office.
I'm aware that Trump can be convicted even after leaving office, but it would be nice to clarify that 1) this is the scenario we are facing, and 2) noting that it may well be much harder to get pubs to convict with it being "not necessary" now that he has left.
no way will 17 gop senators vote to convict after he's no longer president
Georgia Senators won't be seated until the 22nd at earliest. And the Senate is already out of session until the 19th as is, and any Senator (like any member of the Sedition Caucus) can deny unanimous consent to prevent it from coming back earlier.
Once the House gives notice to the Senate that they have drafted and passed Articles of Impeachment the Senate is obligated to take them up. I forget if it is either the next day or the day after, but McConnell's interpretation is at best questionable.
The Impeachment Process in the Senate
https://crsreports.congress.gov/product/pdf/R/R46185
Well let's say McConnell has it wrong. Who is going to successfully dispute it and when? I think he's getting his delay either way.
the gop minus romney and Murkowski
The Senate Parliamentarian. Who will answer to Schumer in two weeks.
The Sedition Caucus is those who supported, aided, and encouraged this putsch by lying to their constituents that the election was rigged. The leaders are the House Minority Leader Kevin McCarthy and Senators Hawley and Cruz who supported it to further their presidential ambitions.
That’s a huge amount of representatives.
Theyrethesamepicture.jpg
It's about 3/4 of the House GOP and 1/4 of the Senate GOP, if we limit it to those who voted to challenge at least one state, or were planning to before the insurrection. After the insurrection it gets knocked down to like 80 members of the House and 8 Senators (I think @moniker missed Rick Scott voting to challenge the Pennsylvania results)
I'm fine with this.
Although... Donald Trump fucking up the 2024 GOP primary would certainly be an entertaining clownshow.
I thought this in 2016. Would rather that chance not come round again.
He can probably be impeached after he leaves office too. But yes, a conviction would mean he's barred from holding federal office forever, regardless of when it happens.
Thanks. I went off the first roll call vote and am adding district information by hand. So it's a bit of work. But precision is necessary when it comes to traitors.
Also removes his pension, his travel spending allowance, and removes his Secret Service detail for life.
So beyond just making it so he can't run again, it also prevents taxpayer money being further spent by this waste of flesh.
EDIT: Apparently most of this has proven to be untrue, or at the very least unclear. Still not worthless to impeach the asshole.
He's already been milking the government for money via charging the secret service for staying in his buildings while protecting him. I see no world in which he doesn't continue to do that. Would be nice to stop it.
so i'm hoping to be pleasantly surprised by this second go at impeachment
I have to wonder if removing his Secret Service detail would be a good thing... once he's no longer president, wouldn't it be good to have a constant set of eyes on him?
Unsure. But it is useful by itself.
We can accomplish that by putting him in prison. You know, for the crimes he did.
Rock Band DLC | GW:OttW - arrcd | WLD - Thortar
I think there's a non-zero chance of conviction. It's not high, maybe 10%? Way, way higher than the first time around, when it was always DOA.
A lot of Senate Republicans are *furious*. Trump really did almost get them killed.
The vote would give House and Senate leaders a good idea on how they need to structure the day where they do the expulsion votes. If the GOP proves to be as shitty as many of us believe, then they'll know to tee up the censure votes to swiftly follow afterwards because think those only need a simple majority, but could be wrong. Cruz is probably the only fucker within the sedition caucus that has like an 80% of being expelled because everyone fucking hates. All of them need to be expelled though, but it probably won't happen.
Also getting their names on record means someone can put together the PACs and super PACs that will raise money and constantly campaign to get them out of office until they are gone.
Finally, it'll help someone maybe organize things so that these fuckers can always be miserable in DC. Hell, they should be made to feel miserable anywhere in the US. These assholes shouldn't be welcomed in any business and anytime they try to do business, they should be told "sorry traitor, we don't serve your kind here."
lol the traitor in chief wants giuliani and dershowitz to defend him in the senate
this is gonna be such a shit show, hopefully harris will be around to cross examine giuliani prosecutor to prosecutor
i wonder if we're gonna get another call for trial by combat
If he’s actually convicted I might frame a copy of the articles and hang them up like people do with the Lords Prayer.
There's plenty of ways that our government could continue to keep an eye on Trump after impeachment.
In fact, it'd probably be even easier because if he continues be a problem he could be classified as a domestic terrorist easily. Then the very thin veneer our intelligence agencies maintain about domestic surveillance comes off.
And let's be honest here, the man is too stupid, vain and lazy to truly be capable of subtle planning.
Also Secret Service security details are there to protect their principal not report what they are doing.
MWO: Adamski
Who can be overridden by he Presiding Officer or simple majority. If the rules actually require immediately taking it up (I've heard this but never seen the citation) McConnel could very easily delay the vote until after Trump's Presidency. The only way that is avoided is if there's a non trivial number of GOP Senators that want it earlier bad enough to threaten the evil turtle
QEDMF xbl: PantsB G+
my understanding is the Senate just needs to begin the trial by a date set by the House. beyond that, how long it takes is basically up to them
it is worth noting the Senate doesn't get to choose to ignore articles of impeachment like they can with most everything else
they can just drag it out though
i'm curious what the optics of that will be and if pressure can be applied to force a vote