Op/Ed: Trump’s Impeachment Trial Redux

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Category: Op/Ed, Legal Commentary
Published on Wednesday, 10 February 2021 11:16
Written by Janet Walker

Perhaps in the spirit of bi-partisanship or in the wisdom of the framers, the impeachment trial has strict boundaries and essentially should be completed within a two-week time frame. Yawn, yawn. Get on with it already.

Don't get me wrong, the actions of January 6, 2021 are clearly criminal and need to be addressed. The 45th president did, from the moment the November 3, 2021 results were clear, begin his "grievance political campaign" complete with its "Stop the Steal" slogan, a chanting, quick bonding soundbite that resonated with the disenfranchised who believed they actually could stop the certification by storming the Capitol and securing their fifteen minutes of fame.

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The egregiousness of this day slowly entered the usual watered-down media machinery which took the actions from seditious, which they were, to insurrection, and finally, to riot, I'm surprised demonstration never surfaced as the correct term.

Alas, here we are, again, like Groundhog Day, at an Impeachment Trial for the 45th President who reluctantly left Washington, silently fuming over the loss and more the inability of his Proud Boy followers and others to exercise some decorum. I'm mean he really didn't mean . . . .or did he?

Temperatures run high at this juncture. Social Media blazed a trail through the minds of those who believed the election was stolen and every person who did not support the former president was guilty and they were planning an "explosion."

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A Trump supporter presented his social media announcement which explained in December pro trump groups were planning something big. Trump, always eager to grab the media spotlight, incited the gathered crowd of disguised militia. Armed with overflowing hate, the mob was defined by one single intent, stop the certification at all costs, and like terrorists pull those most vocal, or anyone, take them hostage and if extreme violence presented itself, employ, any and, all tactics to burn the certification ballots. Hostages were secondary.

So here we are in legal wrangling hell. Slick, glossy each with an interpretation of the Constitution's Impeachment Article. Understanding the procedure is not for the removal of office, it is to bar the 45th President from ever holding public office in the future.

In most appalling legal cases where a cult leader has caused deaths, such as Charles Manson, probably the most notorious cult leader in history and more recently NXIVM Founder, Keith Raniere, who physically branded his followers, each were convicted and jailed on many charges including Conspiracy.

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Did the former President conspire in the actions of January 6, 2021? More can he be held legally responsible in a federal court for his actions which resulted in the deaths of followers and public servants? And can he be held civilly responsible in wrongful deaths lawsuits resulting from his public encouragement?

The Senate will only vote on the single Article of Impeachment. A two-thirds majority is needed to convict. Democrats will need to pull seventeen republicans to secure the 67 votes necessary. If the former president is convicted, a simple majority of 51 votes which, even if each hold to party lines, can be accomplished as Vice-President Harris holds the tie breaking vote, and will result in barring Trump from ever holding future federal office.

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Thankfully, designated time constraints forbid the droning on and limit arguments to a strict frame and soon the government can return to the business of governing and address issues which are continuing to slow the nation's full recovery.

Perhaps a lesson in compartmentalization is needed so those we have elected will lock the Trump cabinet, even while this Impeachment trial is ongoing, and focus on the national recovery.

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