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impeach trump
Citing Failure to Prosecute Trump and Cronies, Legal Group Calls On AG Garland to Resign
"As long as Trump and his co-conspirators walk free, American democracy is in danger."
Nov 04, 2021
Frustrated by the U.S. attorney general's failure to investigate or take legal action against former President Donald Trump and his associates for various potential crimes, Free Speech for People argued Thursday that because Merrick Garland "is unwilling to step up, it is time for him to step down."
"Garland is no longer fit to serve as attorney general."
Free Speech for People's call for Garland to resign came in a lengthy statement outlining his inaction as well as Trump's troubling behavior while running for and serving as president. It followed the U.S. legal advocacy group urging Garland to "establish an independent task force to centralize and coordinate criminal investigations of Trump and his associates."
The organization called for a task force in January, just days after news broke that incoming President Joe Biden would nominate Garland to lead the U.S. Department of Justice (DOJ). Since the Senate confirmed his nomination in March, the statement says, Garland hasn't taken "any meaningful action" to hold accountable Trump or "his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry" of earlier criminal acts.
While Trump was president, the House of Representatives impeached him twice: in December 2019 for abuse of power and obstruction of Congress, and this past January for "high crimes and misdemeanors" after he incited a deadly attack on the U.S. Capitol.
Warning that "DOJ's inaction--Garland's inaction--endangers the rule of law," Free Speech for People's statement outlines some of what came before and after the 45th president's address that was followed by a violent mob of his supporters storming the halls of Congress:
Even before the 2020 election, Trump conspired with key aides to sabotage a free and fair election by extorting (or, viewed another way, bribing) the president of Ukraine to embarrass Joe Biden politically in exchange for military aid. (Although the Senate failed to convict him in an impeachment trial for this conduct, that has no impact on criminal proceedings.) And as the election approached, Trump bragged that he was deliberately sabotaging the Postal Service to limit voting-by-mail.
After his election defeat, Trump called Georgia's secretary of state and pressured him to "find 11,780 votes" to overturn the presidential election outcome in that state. (Two members of Congress have already sent a criminal referral to the FBI regarding that phone call.) He also pressured another Georgia official to investigate counties where Biden received more votes. Since overturning Georgia's election results alone wouldn't yield a victory for Trump, it's almost certain that he made or attempted similar conversations with elections officials in other states.
"That is not all of Trump's potential criminal liability," the statement notes, explaining that despite "extensive evidence that Trump obstructed justice," Robert Mueller, the special counsel who investigated his actions related to the 2016 election, didn't consider filing charges because of a DOJ policy against prosecuting a sitting president--a policy that now doesn't apply.
"The same policy probably protected Trump from the federal criminal charges against his former personal lawyer, Michael Cohen, who paid off Trump's mistresses for their silence during the campaign," the statement continues, also highlighting that the businessman and former reality television host "spent his entire time in office misusing the presidency for personal profit."
While primarily focusing on Trump's actions and Garland's lack thereof, Free Speech for People also raised alarm about members of Congress "who appear to have helped plan" the insurrection: GOP Reps. Paul Gosar (Ariz.), Lauren Boebert (Colo.), Mo Brooks (Ala.), Madison Cawthorn (N.C.), Andy Biggs (Ariz.), Louie Gohmert (Texas), and Marjorie Taylor Greene (Ga.).
Along with failing to investigate those Republicans, the statement says, the department Garland oversees has "inexcusably sat on its hands" since the House voted last month to hold former Trump adviser Steve Bannon in contempt of Congress while the attorney general "has actively defended or continued many Trump-era DOJ policies, including the cover-up of the key DOJ legal memo regarding Trump's obstruction of justice, and defending Trump's libel of a rape victim."
"For all these reasons, Garland is no longer fit to serve as attorney general," the statement declares. "His previous record of federal service should not blind us to the fact that he is simply the wrong person for this job at this time."
"As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an attorney general who understands that danger and is willing to take action to protect democracy and the rule of law," the statement concludes. "Merrick Garland must resign."
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McConnell, McCarthy Ripped for Opposing January 6 Inquiry Commission
"The American people deserve answers about how this happened, why it happened, and what we will do to ensure our democracy is never threatened in this way again."
May 19, 2021
Democracy defenders on Wednesday slammed decisions by Senate Minority Leader Mitch McConnell and House Minority Leader Kevin McCarthy to oppose legislation that would form a bipartisan commission to investigate the deadly January 6 attack on the United States Capitol by supporters of former President Donald Trump.
"Shame on the Republicans for choosing the Big Lie over the truth... The American people will see for themselves whether our Republican friends stand on the side of truth or on the side of Donald Trump's Big Lie."
--Sen. Chuck Schumer
"After careful consideration, I've made the decision to oppose the House Democrats' slanted and unbalanced proposal for another commission to study the events of January 6," McConnell (R-Ky.) said on the Senate floor.
The Senate minority leader's decision--first reported by Politico--follows a Tuesday announcement by McCarthy (R-Calif.) that he also opposes an inquiry into the Capitol attack. House lawmakers are scheduled to vote Wednesday on a bill authorizing the commission of inquiry.
McConnell's opposition means it will be even harder for supporters of the measure to garner the 10 GOP votes needed for Senate passage. Some Republican senators including Susan Collins of Maine and Bill Cassidy of Louisiana have signaled their support for the bill.
\u201cFor anyone not keeping score.\n\nPeople who want an indie commission to investigate the Jan 6. attack: Dems, some GOP, bipartisan ldrs of the 9/11 panel, the family of a Capitol police officer who died from suicide after Jan. 6.\n\nPeople who don't: Kevin McCarthy + Mitch McConnell.\u201d— Jennifer Bendery (@Jennifer Bendery) 1621446152
Last week, House Homeland Security Committee Chair Rep. Bennie Thompson (D-Miss.) and Rep. John Katko (R-N.Y.)--one of only 10 GOP lawmakers who voted on January 13 to impeach Trump for inciting the January 6 attack--reached an agreement "to introduce legislation to form a bipartisan, independent commission to investigate the January 6 domestic terrorism attack on the United States Capitol and recommend changes to further protect the Capitol."
Democratic lawmakers ripped McConnell and other Republicans for rejecting the commission bill.
"Shame on the Republicans for choosing the Big Lie over the truth--not all Republicans, but the majority who seem to be doing it," Senate Majority Leader Chuck Schumer (D-N.Y.) said Wednesday during a floor speech, referring to the fallacy that the 2020 presidential election was stolen from Trump. "The American people will see for themselves whether our Republican friends stand on the side of truth or on the side of Donald Trump's Big Lie."
\u201cSen. Chuck Schumer: "Letting the most dishonest president in American history dictate the prerogatives of the Republican Party will be its demise." https://t.co/67fqqxCxXY\u201d— The Hill (@The Hill) 1621445398
Schumer linked opposition to the January 6 commission with GOP voter suppression efforts and dark money groups boasting about making it harder for Americans to vote.
"Last week, a spokesperson for Heritage Action--the lobbying arm of a far-right think tank--told a group of Republican donors that Heritage Action was drafting new voter restrictions and literally handing them over to state legislatures in order to give the laws 'that grassroots feel,'" he said.
"She went on to crow about how 'quickly and quietly' her organization managed to get new limits on voting passed in Iowa," Schumer continued. "She told the donors that she looked at her team of right-wing lobbyists and said, 'It can't be that easy.' That's how the far right is talking about making it harder for Americans to vote. Behind closed doors, with well-heeled donors, they are laughing about how easy it is to limit American voting rights."
Sen. Dick Durbin (D-Ill.) said on the Senate floor Wednesday that "Republican leadership seems to be doing everything they can to protect [former] President Trump's Big Lie."
"They would rather hide from the truth than face the reality of what happened on January 6 and who is responsible," the Senate Democratic whip said.
\u201cRepublican leadership seems to be doing everything they can to protect President Trump\u2019s Big Lie.\n \nThey would rather hide from the truth than face the reality of what happened on January 6 and who is responsible.\u201d— Senator Dick Durbin (@Senator Dick Durbin) 1621442819
Rep. Ted Lieu (D-Calif.) tweeted Wednesday that "there is no current commission to investigate the insurrection, so the January 6 commission would not be 'another commission.'"
"As a House impeachment manager, I know there are still multiple unknown facts," he added. "What are [McCarthy and] Sen. McConnell hiding from the American public?"
While McConnell accused Democrats of negotiating the commission bill in "bad faith," some observers noted that it was he who stonewalled Trump's impeachment trial until after President Joe Biden's inauguration--then voted twice that the trial was unconstitutional because Trump was no longer in office.
\u201cMitch McConnell pulled the absolutely despicable move of refusing to hold impeachment trial while Trump was in office & then voting that impeachment was unconstitutional since Trump no longer in office. Now he\u2019s opposing commission to investigate insurrection\u201d— Ari Berman (@Ari Berman) 1621438137
Pro-democracy groups and individuals also condemned McConnell's decision, while some called for the U.S. Department of Justice to intervene if GOP leaders successfully derail the commission effort.
"The domestic terrorist attack on our Capitol on January 6 was planned and executed with encouragement from the highest levels of our government," said Ben Jealous, president of People for the American Way. "The American people deserve answers about how this happened, why it happened, and what we will do to ensure our democracy is never threatened in this way again."
"Every member of Congress needs to treat the events of January 6 as a warning sign of what's to come, and a bipartisan Commission is the first step toward accountability," Jealous added. "The House and Senate must pass this legislation. And then, congressional leaders, including Senate Minority Leader McConnell and House Minority Leader McCarthy, have the responsibility to appoint commissioners who will be relentless and clear-eyed in their pursuit of the facts and the truth."
\u201cNo matter what Donald Trump, Mitch McConnell, or Kevin McCarthy say, we need an insurrection commission. In fact, the more they say we don't need one, the more we really, really do.\u201d— Citizens for Ethics (@Citizens for Ethics) 1621437944
\u201cIf Mitch McConnell succeeds in blocking the January 6th Commission AG Garland must appoint a special counsel to investigate the insurrection.\n\nSubpoena all the seditious members of Congress who are clearly afraid their roles in this will be exposed.\u201d— Chris Hahn (@Chris Hahn) 1621437768
The single article of impeachment passed on January 13 against Trump--the first president ever to be impeached twice--said he "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."
Minutes after Trump's inflammatory speech urging supporters to march on the Capitol and "fight like hell" at the January 6 Washington, D.C. "Stop the Steal" rally, a mob stormed the Capitol complex, delaying the certification of then President-elect Biden's Electoral College victory for hours as lawmakers and congressional staff hid and fled for their lives.
Five people--including one U.S. Capitol Police officer--were killed and over 100 others were wounded.
Over 150 Republican lawmakers were in the process of contesting the legitimate election results at the time of the attack. Some observers asserted that the reason McConnell and other Republicans so staunchly reject an inquiry into the events of January 6 is rooted in their complicity in them.
\u201cNo surprise. @LeaderMcConnell opposes 1/6 commission bill. After all, the subpoena targets will mostly be GOPers, including Trump & his kids. So the Dems should force a vote on the bill. Let the Rs block it & further prove they are a Trump cult w/ no concern for law & order.\u201d— David Corn (@David Corn) 1621438188
Writing about McCarthy's opposition to the commission for Vanity Fair on Wednesday, Eric Lutz asserted that the minority leader "was complicit in the lies that fueled the deadly riot and in the white-washing that followed, and any probe into the events of that day is certain to shine an unflattering spotlight on him and his GOP colleagues."
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Profiles of "Courage" During the Trump Impeachment Trial
Sycophantic antics of Republican members who opposed Trump's impeachment.
Feb 21, 2021
They believed liberty to be the secret of happiness and courage to be the secret of liberty. -Louis Dembitz Brandeis, Whitney vs. California (1927)
For profiles in courage, two of the 43 Republican senators who opposed impeachment stood out-Mitch McConnell and Kevin McCarthy. One other Senator stood out for his apparent ignorance of how jurors are supposed to behave. His behavior belied his impeccable legal credentials of which he is justly proud-Harvard law school and a U.S. Supreme Court clerkship. The ignoramus was none other than Ted Cruz.
During one of the breaks in the second impeachment trial of the Trump, Ted Cruz, was seen entering the room in which the Trump defense counsel was gathered. He was apparently unaware of the fact that during trials, jurors do not interact with the prosecution or the defense, the idea being that the jurors are to keep open minds until all the evidence has been heard. In ordinary circumstances the Cruz behavior would have been inappropriate but in the impeachment proceedings it was simply frosting on the cake of non-impartiality. That is because before the trial even began, Juror Cruz met with the Trump defense team and told its members that they'd already won their case. In his weekly podcast that aired on the Friday before the Senate voted, Cruz told listeners that he met with the defense team and: "I said, look, you've gotta remember you've already won." Since he'd already let them know how he intended to vote there was, of course, nothing inappropriate in his going into their conference room during the trial itself.
Cruz's confessed lack of impartiality was nothing compared to two profiles in courage that were in full display during, and following the conclusion of the trial. The first was presented by Kevin McCarthy, the House Republican leader.
During the attack on the Capitol that precipitated the second impeachment trial, Kevin was in his office as the marauders were about to break in. According to CNN, as that was happening McCarthy was on the phone with the Trump begging him to call off the rioters. The Trump ignored the peril facing McCarthy, and said the mob was more upset about the election than McCarthy, to which McCarthy asked the Trump to whom the Trump thought he was speaking, using an expletive for emphasis. The conversation ended abruptly as McCarthy fled.
Before the end of January McCarthy showed of what stuff he is made. He went to Florida, ostensibly as part of a fund-raising trip. He showed his courage by finding time to meet with the Trump to assure him there were no hard feelings for the Trump having taken no steps to protect him from the howling mob. He further showed the stuff of which he's made by not disclosing, during the impeachment trial, his conversation with the Trump during the break-in lest he once again offend the Trump. He left that to Rep. Jamie Herrera Beutler, a member of Congress from Washington State, who was, of course, only able to report what she'd been told by him. Her information was entered into the record in the form of a written statement. A description of the verbal encounter between McCarthy and the Trump would have been more forceful had it come from one of the participants instead of from hearsay reported by one of McCarthy's colleagues. It would have even more meaningful had it not been preceded by a sycophantic visit from McCarthy to the Trump following the verbal encounter.
The other profile in courage was forcefully presented by former Senate Majority Leader, Mitch McConnell. Throughout the Trump presidency, Mitch has shown his obsequious loyalty to the Trump irrespective of what the Trump has done. At the second impeachment trial, however, he outdid himself. The Democrats wanted the trial to begin while the Trump still lived in the White House and, was, therefore, still the president. That would have gotten the impeachment over with before the change in administration, and would have eliminated the argument that the proceedings were unconstitutional since the Trump was no longer in office. Exercising the prerogatives he enjoyed as Majority Leader in the Senate, however, Mitch made sure the impeachment proceedings would not begin until the Trump was out of office. At the conclusion of the hearing Mitch said the Trump could not be convicted because, thanks to Mitch's own actions, the proceedings took place after the Trump had left office and the purpose of impeachment was to remove someone from office. Since the Trump no longer held office, a vote for impeachment was improper.
Following his explanation of why he voted against conviction of the Trump, Mitch went into an expansive description of the Trump's obnoxious behavior while enjoying the position that permitted him to live in the White House. Had the trial taken place while the Trump was still entitled to live there, those acts would have been ample reason to impeach the Trump.
The foregoing is not meant to suggest that Mitch And Kevin were the only profiles in courage that day. They were joined by 41 of their Republican colleagues whose profiles in courage will be an inspiration to those who love Trump long after the trial is nothing but a dismal footnote in the history of the country.
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