By Aaron Miller-
Democrats have launched their impeachment case against Donald Trump with a powerful video package – showing his fiery speech to supporters on January 6 and then the violence and chaos that followed as hundreds swept the US Capitol.
The trial is the first of its kind, no U.S president has been impeached twice The first debate over the constitutionality of the impeachment began with the exhibition of almost 15 minutes of protests and rioting that took place just a month ago in the very building in which they were sitting.
The debate, a fundamental aspect of the due process for this impeachment, was one sided, after the Democrats easily outclassed the Republicans in this opening segment of the debate about the constitutionality of the impeachment of Donald Trump.
“You ask what a high crime and misdemeanor is under our constitution,” Democratic congressman Jamie Raskin, as he led the prosecution of Mr Trump in the upper chamber of Congress.
“That’s a high crime and misdemeanor.”
He added: “If that’s not an impeachable offence, then there’s no such thing.”
Senator Jamie Raskin Image: Brook Peters
The scenes showed included the shooting by a police officer that resulted in the death of a protester, and an officer being dragged down the steps outside by members of the mob, some of the senators were seen to cover their faces. Others appeared to be rubbing their eyes.
“The transition of power is always the most dangerous moment for democracies. Every historian will tell you that, he said. We just saw it in the most astonishing way. We lived through it,” Mr Raskin,said.
Mr Raskin subsequently told how his staff were left trembling in fear for their lives as rioters pounded his door.
“And you know what, the framers of our constitution knew it. That’s why they created a constitution with an oath written into it that binds the president from his very first day in office until his very last day in office and every day in between.”
Mr Trump was impeached by the House of Representatives, after he was found to be responsible for “inciting insurrection”, by his speech on the National Mall on the morning of January 6, as a joint session of Congress was set to affirm the electoral college votes of all of the 50 states, and let Joe Biden become president.
His combative words urging the crowd to ”fight like hell’, and telling them they won’t regain the country through weakness was played to the attentive senate who have heard it all before.
Trump told his army of supporters that they ”have to be strong”, as he alleged that the election had been stolen, and this was ”an attack on the constitution”
He said: “We’re gathered together in the heart of our nation’s Capitol for one very, very basic and simple reason, to save our democracy,” Mr Trump had told his supporters. “We fight. We fight like hell and if you don’t fight like hell, you’re not going to have a country anymore.
Former U.S president: Donald Trump Image:FT.com
Accountability
When congressman David Cicilline took the podium, he said senators would be permitting a “January exception”, allowing an outgoing president do whatever he wanted, and escaping all accountability.
He said: “President Trump was not impeached because he used words that the House decided are forbidden, or unpopular, but rather was impeached for inciting armed violence against the government of the United States.”
Mr Trump’s lawyers sought suggest the prosecution was both outside of the remit of the constitution, and harmful to the country.
Trump lawyer, Bruce Castor, one of the former U.S president’s defence team, told the senators that impeachment was intended to be the most rare of instances. Rather, it was turning into something much more common, and that could be used by both parties.
Clear
He said: “ Let’s be perfectly clear – if you vote to proceed with this impeachment trial, future senators will recognise you bought into a radical constitutional theory that departs clearly from the language of the constitution itself, and holds… whoever dares to want to serve his or her country must know that they will be subject to impeachment long after their service and office have ended”, he said.
Senator David Cecilline
Cecilline’s argument contradicts the principle of accountability which makes it necessary for presidents to be accountable of their actions, not being allowed to escape the consequence of impeachable offences.
It was lacking in legal understanding, and exposed his lack of expertise in understanding the intention of those who wrote the American constitution.