By Aaron Miller-
There is no ‘January exception’ to the Constitution that allows a President to organize a coup or incite an armed insurrection in his final weeks in office.
These were the words among many others contained in the prosecution briefing outlined for the impeachment of former president Donald Trump, who faces a trial on the 9th of February.
The House impeachment managers in their mission to convict Trump, said in their opening statements that former President Trump, who has already been impeached by the House of Representatives, was unmistakably responsible for the deadly Jan. 6 attack on the Capitol. They insisted he should be barred from holding federal office ever again.
The prosecution’s brief insisted that given the plain text of the Constitution, the intent and understanding of the Framers, and Senate precedent dating back more than two hundred years, the Senate’s responsibility to hear this case is clear and unavoidable, they said.
The House outlined as part of it’s argument, a weeks-long campaign by the former American president, to overturn President Joe Biden’s Electoral College victory, based on unsubstantiated claims of election fraud .
The campaign led to the insurrection at Capitol Hill, while lawmakers were certifying Biden’s win. Democrats immediately sought for the impeachment of the former controversial president, who had amassed a huge following and managed the unthinkable, to act in a way that would lead to his impeachment.
A conviction can only take place if enough Republicans vote to support one. Without a vote, the trial could be reduced to a partisan vote completely unconnected to the legality of the case.
Coup
The prosecution’s brief insisted that there is no exception that permits the president to organise a coup.
”There is no ‘January exception’ to the Constitution that allows a President to organize a coup or incite an armed insurrection in his final weeks in office. The Senate must convict President Trump, who has already been impeached by the House of Representatives, and disqualify him from ever holding federal office again.
We must protect the Republic from any future dangerous attacks he could level against our constitutional order.”
“On January 6, 2021, with Vice President Michael Pence presiding, Congress assembled to perform one of its most solemn constitutional responsibilities: the counting of electoral votes for President of the United States. This ritual has marked the peaceful transfer of power in the United States for centuries.
Jurisdiction
In explaining why the U.S. Senate still has jurisdiction over a former President, the House Managers wrote:
“President Trump committed this high crime and misdemeanour amid his final days in office. Given the clarity of the evidence and the egregiousness of his wrongdoing, the House approved an article of impeachment for incitement of insurrection. Now, merely weeks later, President Trump will argue that it serves no purpose to subject him to a trial and that the Senate lacks jurisdiction to do so. He is mistaken.
“Failure to convict would embolden future leaders to attempt to retain power by any and all means—and would suggest that there is no line a President cannot cross. The Senate should make clear to the American people that it stands ready to protect them against a President who provokes violence to subvert our democracy,” the statement read.
Prosecutors made reference to the viewpoints of scholars who have long recognized—the text and structure of the Constitution, as well as its original meaning and prior interpretations by Congress, overwhelmingly demonstrate that a former official remains subject to trial and conviction for abuses committed in office. Any other rule would make little sense.
Foundation
They said his actions directly threatened the very foundation on which all other political debates and disagreements unfold. They also threatened the constitutional system that protects the fundamental freedoms we cherish, they added.
”It is one thing for an official to pursue legal processes for contesting election results. It is something else entirely for that official to incite violence against the government, and to obstruct the finalization of election results, after judges and election officials conclude that his challenges lack proof and legal merit”.
Deterrence
“To reaffirm our core constitutional principles—and to deter future Presidents from attempting to subvert our Nation’s elections—the Senate should convict President Trump and disqualify him from holding or enjoying ‘any Office or honour, Trust, or Profit under the United States.’ That outcome is not only supported by the facts and the law; it is also the right thing to do.
President Trump has demonstrated beyond doubt that he will resort to any method to maintain or reassert his grip on power.
”A President who violently attacks the democratic process has no right to participate in it. Only after President Trump is held to account for his actions can the Nation move forward with unity of purpose and commitment to the Constitution. And only then will future Presidents know that Congress stands vigilant in its defence of our democracy.”
Lawyers acted on behalf of president Trump argue that the decision to impeach the president is unconstitutional because the president is already out of office.