|  PROLOGUE  | 

President Trump Impeached

(ema-updated July 1, 2021) Following the events of Jan. 6 House Democrats moved quickly to impeach President Donald J. Trump.  On Jan. 13, one week after the mob besieged the Capitol, the House voted by 232 to 197 to impeach Trump "for inciting violence against the Government of the United States."  Ten Republicans joined 222 Democrats in the vote, which makes Trump the only president to have been impeached twice.

The Senate impeachment trial took place on Feb. 9-13. 
Article I, Section 3 of the Constitution states that "no person shall be convicted without the Concurrence of two-thirds of the Members present."  With the Senate split at 50-50, it was extremely unlikely that Trump would be convicted.  In late January Sens. Tim Kaine (D-VA) and Susan Collins (R-ME) sought to persuade their Senate colleagues to try an alternate route, passage of a censure resolution, but they abandoned that effort on Feb. 2.

Also on Feb. 2 the House impeachment managers filed their brief, and the Trump legal team its response to the article of impeachment. 
The managers argued that, “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."  Trump's defense rested upon the fact that he was no longer a sitting president, and thus could not be impeached as well as his First Amendment right to free speech.  On Feb. 13, Senators, including seven Republicans, voted 57 to 43 for the article of impeachment, falling short of the two-thirds required to convict and thereby acquitting the former president.

While committees in both the Senate and the House conducted investigations into the Jan. 6 attack on the U.S. Capitol, the effort to establish an outside commission failed in a May 28, 2021 Senate vote.  On June 30, the House voted to establish at select committee.  more

Speaker Nancy Pelosi
JANUARY 10, 2021

Dear Colleague on Next Steps in Protecting Our Democracy

Dear Democratic Colleague,

On this Sunday, as we pray that God will continue to Bless America, I write to inform you of our next actions, which will be made with the great solemnity that this moment requires.

I want to call to your immediate attention the action to be taken tomorrow morning, when Majority Leader Hoyer will request Unanimous Consent to bring up the Raskin resolution.  This resolution calls on the Vice President to convene and mobilize the Cabinet to activate the 25th Amendment to declare the President incapable of executing the duties of his office, after which the Vice President would immediately exercise powers as acting President.  The text of the resolution can be found here.

If we do not receive Unanimous Consent, this legislation is planned to be brought up on the Floor the following day.  We are calling on the Vice President to respond within 24 hours.

Next, we will proceed with bringing impeachment legislation to the Floor.

In protecting our Constitution and our Democracy, we will act with urgency, because this President represents an imminent threat to both.  As the days go by, the horror of the ongoing assault on our democracy perpetrated by this President is intensified and so is the immediate need for action.

I look forward to our Caucus call tomorrow.  I am grateful to all Members for the suggestions, observations and input that you have been sending.  Your views on the 25th Amendment, 14th Amendment Section 3 and impeachment are valued as we continue.  I am answering your communications in chronological order and will do so into the night.

Thank you for your patriotism.

January 11, 2021 Rep. Hoyer introduces 25th Amendment resolution in pro forma session; it is blocked. C-SPAN

Speaker Nancy Pelosi
JANUARY 11, 2021

Pelosi Statement on House Republicans Blocking Unanimous Consent Request

San Francisco – Speaker Nancy Pelosi issued this statement after House Republicans blocked a request for Unanimous Consent to take up legislation by Congressman Jamie Raskin calling on the Vice President to mobilize the Cabinet to activate the 25th Amendment to remove the President:

“On Wednesday, the President incited a deadly insurrection against America that targeted the very heart of our Democracy.  The President represents an imminent threat to our Constitution, our Country and the American people, and he must be removed from office immediately.

“Today, in pro forma session, Leader Hoyer introduced a Unanimous Consent request to take up legislation by Congressman Jamie Raskin calling on the Vice President to mobilize the Cabinet to activate the 25th Amendment to remove the President.

“The House Republicans rejected this legislation to protect America, enabling the President’s unhinged, unstable and deranged acts of sedition to continue.  Their complicity endangers America, erodes our Democracy, and it must end.

“The House will next take up the Raskin legislation in regular order to call upon the Vice President to activate the 25th Amendment to remove the President.  We are further calling on the Vice President to respond within 24 hours after passage.

“As our next step, we will move forward with bringing impeachment legislation to the Floor.  The President’s threat to America is urgent, and so too will be our action.”

January 12, 2021 House Rules Committee. C-SPAN

Speaker Nancy Pelosi
January 12, 2021Press Release

Pelosi Names Impeachment Managers

Washington, D.C. – Speaker Nancy Pelosi today named Impeachment Managers.

“Tonight, I have the solemn privilege of naming the Managers of the impeachment trial of Donald Trump,” said Speaker Nancy Pelosi.  “It is their constitutional and patriotic duty to present the case for the President’s impeachment and removal.  They will do so guided by their great love of country, determination to protect our democracy and loyalty to our oath to the Constitution.  Our Managers will honor their duty to defend democracy For The People with great solemnity, prayerfulness and urgency.”

The Impeachment Managers are:

Congressman Jamie Raskin, Lead Manager: Congressman Jamie Raskin is a member of the Committee on Oversight and Reform, where he serves as Chair of Subcommittee on Civil Rights and Civil Liberties and on the Judiciary Committee, where he serves as Vice Chair of the Subcommittee on the Constitution.  He also serves on the Rules Committee and the Committee on House Administration, where he is Vice Chair.  Prior to his time in Congress, Raskin was a three-term State Senator in Maryland and a professor of constitutional law at American University’s Washington College of Law for more than 25 years.

Congresswoman Diana DeGette: Congresswoman DeGette serves on the Energy and Commerce Committee as Chair of the Subcommittee on Oversight and Investigations.  She is serving her thirteenth term in office.  Before serving in the U.S. House of Representatives, DeGette was an attorney focusing on civil rights before being elected to serve two terms in the Colorado House, including one term as Assistant Minority Leader.

Congressman David Cicilline: Congressman Cicilline is a member of the Judiciary Committee, where he serves as Chair of the Subcommittee on Antitrust, Commercial and Administrative Law.  He also serves on the Foreign Affairs Committee.  He is serving his sixth term in Congress.  Early in his career, Cicilline served as a public defender in the District of Columbia.  Cicilline served two terms as Mayor of Providence and four terms in the Rhode Island House of Representatives.

Congressman Joaquin Castro: Congressman Castro serves on the House Permanent Select Committee on Intelligence and on the Foreign Affairs Committee, where he is also Chairman of the Subcommittee on Oversight and Investigations.  He is serving his fifth term in Congress.  Prior to his election to Congress, he served five terms in the Texas Legislature and served as a litigator in private practice.

Congressman Eric Swalwell: Congressman Swalwell serves on House Permanent Select Committee on Intelligence, where he chairs the Intelligence Modernization and Readiness Subcommittee, and on the Judiciary Committee.  He is a former prosecutor and is the son and brother of law enforcement officers.  He is serving his fifth term in Congress.

Congressman Ted Lieu: Congressman Lieu serves on the Judiciary Committee and the Committee on Foreign Affairs.  He is a former active-duty officer in the U.S. Air Force who served as a prosecutor in the Judge Advocate General’s Corps, and currently serves as a Colonel in the Reserves.  He is serving his fourth term in Congress.

Congresswoman Stacey Plaskett: Congresswoman Plaskett serves on the House Ways and Means Committee.  Before she was elected to Congress, she served as an Assistant District Attorney in the Bronx District Attorney’s Office and as Senior Counsel at the Department of Justice.  She is serving her fourth term in Congress.

Congresswoman Madeleine Dean: Congresswoman Dean is a member of the Judiciary Committee, where she serves on the Subcommittee on Constitution, Civil Rights and Civil Liberties.  She is serving her second term in Congress, before which she served in the Pennsylvania House of Representatives for four terms and was a lawyer in private practice.

Congressman Joe Neguse: Congressman Neguse is a member of the Judiciary Committee, where he serves as Vice Chair of the Subcommittee on Antitrust, Commercial and Administrative Law.  Congressman Neguse also serves on the Natural Resources Committee and the Select Committee on the Climate Crisis.  Early in his career, Neguse was a litigator in private practice.  He is serving his second term in Congress.

January 12, 2021 House debate on 25th Amendment resolution. C-SPAN

January 12, 2021

The Honorable Nancy Pelosi
Speaker of the House of Representatives
Washington, D.C. 20515

Dear Madam Speaker:

Every American was shocked and saddened by the attack on our Nation's Capitol last week, and l am grateful for the leadership that you and other congressional leaders provided in reconvening Congress to complete the people's business on the very same day. It was a moment that demonstrated to the American people that unity that is still possible in Congress when it is needed most.

But now, with just eight days left in the President's term, you and the Democratic Caucus are demanding that the Cabinet and I invoke the 25th Amendment. I do not believe that such a course of action is in the best interest of our Nation or consistent with our Constitution. Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the
election, and I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our Nation.

As you know full well, the 25th Amendment was designed to address Presidential incapacity or
disability. Just a few months ago, when you introduced legislation to create a 25th Amendment Commjssion, you said, "[a] President's fitness for office must be determined by science and facts."
You said then that we must be ''very respectful of not making a judgment on the basis of a comment or behavior that we don't like, but based on a medical decision." Madam Speaker, you were right. Under our Constitution, the 25th Amendment is not a means of punishment or usurpation. Invoking the 25th Amendment in such a manner would set a terrible precedent.

After the horrific events of this last week, our Administration's energy is directed to ensuring an orderly transition. The Bible says that "for everything there is a season, and a time for every purpose under heaven...a time to heal,...and a time to build up." That time is now. In the midst of a global pandemic, economic hardship for millions of Americans, and the tragic events of January 6th, now is the time for us to come together, now is the time to heal.

I urge you and every member of Congress to avoid actions that would further divide and inflame the passions of the moment. Work with us to lower the temperature and unite our country as we prepare to inaugurate President-elect Joe Biden as the next President or the United States. I pledge to you that I  will continue to do my part to work in good faith with the incoming administration to ensure an orderly transition of power. So help me God.

Michael R. Pence
Vice President of the United States

January 13, 2020 House debate on impeachment of President Trump. C-SPAN
After the two hours of debate, Members voted: Yea 232, Nay 197, nv 4.


WASHINGTON, D.C. - U.S. Senate Majority Leader Mitch McConnell (R-KY) issued the following statement today regarding the Senate schedule:

"The House of Representatives has voted to impeach the President. The Senate process will now begin at our first regular meeting following receipt of the article from the House.

"Given the rules, procedures, and Senate precedents that govern presidential impeachment trials, there is simply no chance that a fair or serious trial could conclude before President-elect Biden is sworn in next week. The Senate has held three presidential impeachment trials. They have lasted 83 days, 37 days, and 21 days respectively.

"Even if the Senate process were to begin this week and move promptly, no final verdict would be reached until after President Trump had left office. This is not a decision I am making; it is a fact. The President-elect himself stated last week that his inauguration on January 20 is the 'quickest' path for any change in the occupant of the presidency.

"In light of this reality, I believe it will best serve our nation if Congress and the executive branch spend the next seven days completely focused on facilitating a safe inauguration and an orderly transfer of power to the incoming Biden Administration. I am grateful to the offices and institutions within the Capitol that are working around the clock, alongside federal and local law enforcement, to prepare for a safe and successful inauguration at the Capitol next Wednesday."

Jan. 13, 2021 video from the White House

My fellow Americans, I want to speak to you tonight about the troubling events of the past week.

As I have said, the incursion of the U.S. Capitol struck at the very heart of our republic. It angered and appalled millions of Americans across the political spectrum.

I want to be very clear. I unequivocally condemn the violence that we saw last week. Violence and vandalism have absolutely no place in our country, and no place in our movement.

Making America great again has always been about defending the rule of law, supporting the men and women of law enforcement, and upholding our nation's most sacred traditions and values.

Mob violence goes against everything I believe in, and everything, our movement stands for.

No true supporter of mine could ever endorse political violence.

No true supporter of mine could ever disrespect law enforcement, or our great American flag.

No true supporter of mine could ever threaten or harass their fellow Americans.

If you do any of these things, you are not supporting our movement, you're attacking it, and you're attacking our country. We can not tolerate it.

Tragically over the course of the past year, made so difficult because of COVID-19, we have seen political violence spiral out of control. We have seen too many riots, too many mobs, too many acts of intimidation and destruction. It must stop.

Whether you are on the right, or on the left, a Democrat or Republican, there is never a justification for violence. No excuses. No exceptions. America is a nation of laws.

Those who engaged in the attacks last week will be brought to justice.

Now I am asking everyone who has ever believed in our agenda to be thinking of ways to ease tensions, calm tempers and help to promote peace in our country.

There has been reporting that additional demonstrations are being planned in the coming days, both here in Washington, and across the country. I have been briefed by the US Secret Service on the potential threats.

Every American deserves to have their voice heard in a respectful and peaceful way. That is your First Amendment right.

But I cannot emphasize that there must be no violence, no law breaking, and no vandalism of any kind. Everyone must follow our laws and obey the instructions of law enforcement.

I have directed federal agencies to use all necessary resources to maintain order. In Washington DC, we are bringing in thousands of National Guard members to secure the city and ensure that a transition can occur safely and without incident.

Like all of you I was shocked and deeply saddened by the calamity at the Capitol last week.

I want to thank the hundreds of millions of incredible American citizens who have responded to this moment with calm, moderation and grace. We will get through this challenge ust like we always do.

I also want to say a few words about the unprecedented assault on free speech we have seen in recent days.

These are tense and difficult times. The efforts to censor ,cancel and blacklist our fellow citizens are wrong and they are dangerous

What is needed now is for us to listen to one another, not to silence one another.

All of us can choose by our actions to rise above the rancorand find common ground and shared purpose.

We must focus on advancing the interests of the whole nation, delivering the miracle vaccines, defeating the pandemic, rebuilding the economy, protecting our national security and upholding the rule of law.

Today I am calling on all Americans to overcome the passions of the moment, and join together as one American people.

Let us choose to move forward united for the good of our families, our communities and our country.

Thank you. God bless you, and God bless America.

Note: The House's vote to impeach was preceded by an unsuccessful effort to persuade Vice President Mike Pence to invoke the 25th Amendment.  On the evening of Jan. 12 the House approved a resolution by Rep. Jamie Raskin (D-MD) calling upon Vice President Mike Pence and Cabinet to invoke the 25th Amendment.  However, earlier in the evening, before the vote, Pence made it clear he would not do so, writing in a letter, "Under our Constitution, the 25th Amendment is not a means of punishment or usurpation.  Invoking the 25th Amendment in such a manner would set a terrible precedent." [PDF]  The House nonetheless approved the resolution by a vote of 223 to 205. 



Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President.


JANUARY 11, 2021

Mr. RASKIN submitted the following resolution; which was referred to the Committee on the Judiciary


Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President.

    Whereas on Wednesday, January 6, 2021, the day fixed by the Constitution for the counting of electoral votes, Congress experienced a massive violent invasion of the United States Capitol and its complex by a dangerous insurrectionary mob which smashed windows and used violent physical force and weapons to overpower and outmaneuver the United States Capitol Police and facilitated the illegal entry into the Capitol of hundreds, if not thousands, of unauthorized persons (all of whom entered the Capitol complex without going through metal detectors and other security screening devices);
    Whereas, the insurrectionary mob threatened the safety and lives of the Vice President, the Speaker of the House, and the President pro tempore of the Senate, the first three individuals in the line of succession to the presidency, as the rioters were recorded chanting “Hang Mike Pence” and “Where’s Nancy” when President Donald J. Trump tweeted to his supporters that “Mike Pence didn’t have the courage to do what should have been done to protect our country” after the Capitol had been overrun and the Vice President was in hiding;
    Whereas the insurrectionary mob attacked law enforcement officers, unleashed chaos and terror among Members and staffers and their families, occupied the Senate Chamber and Speaker Nancy Pelosi’s office along with other leadership offices, vandalized and pilfered government property, and succeeded in interfering with the counting of electoral votes in the joint session of Congress;
    Whereas the insurrectionary mob’s violent attacks on law enforcement and invasion of the Capitol complex caused the unprecedented disruption of the Electoral College count process for a 4-hour period in both the House and the Senate, a dangerous and destabilizing impairment of the peaceful transfer of power that these insurrectionary riots were explicitly designed to cause;
    Whereas 5 Americans have died as a result of injuries or traumas suffered during this violent attack on Congress and the Capitol, including Capitol Police Officer Brian D. Sicknick and Ashli Babbitt, Rosanne Boyland, Kevin Greeson, and Benjamin Phillips, and more than 50 police officers were seriously injured, including 15 officers who had to be hospitalized, by violent assaults, and there could easily have been dozens or hundreds more wounded and killed, a sentiment captured by Senator Lindsey Graham, who observed that “the mob could have blown the building up. They could have killed us all”;
    Whereas these insurrectionary protests were widely advertised and broadly encouraged by President Donald J. Trump, who repeatedly urged his millions of followers on Twitter and other social media outlets to come to Washington on January 6 to “Stop the Steal” of the 2020 Presidential election and promised his activist followers that the protest on the Electoral College counting day would be “wild”;
    Whereas President-elect Joseph R. Biden won the 2020 Presidential election with more than 81 million votes and defeated President Trump 306–232 in the Electoral College, a margin pronounced to be a “landslide” by President Trump when he won by the same Electoral College numbers in 2016, but President Trump never accepted these election results as legitimate and waged a protracted campaign of propaganda and coercive pressure in the Federal and State courts, in the state legislatures, with Secretaries of State, and in Congress to nullify and overturn these results and replace them with fraudulent and fabricated numbers;
    Whereas President Trump made at least 3 attempts to intervene in the lawful vote counting and certification process in Georgia and to coerce officials there into fraudulently declaring him the winner of the State’s electoral votes, including calls to Georgia Governor Brian Kemp and a State elections investigator, and an hour-long conversation with Secretary of State Brad Raffensperger badgering him to “find 11,780 votes” and warning of a “big risk” to Raffensperger if he did not intervene favorably to guarantee the reelection of President Trump;
    Whereas President Trump appeared with members of his staff and family at a celebratory kickoff rally to encourage and charge up the rioters and insurrectionists to “walk down to the Capitol” and “if you don’t fight like hell, you’re not going to have a country anymore” on Wednesday, January 6, 2021;
    Whereas while violent insurrectionists occupied parts of the Capitol, President Trump ignored or rejected repeated real-time entreaties from Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer to appeal to his followers to exit the Capitol, and also ignored a tweet from Alyssa Farah, his former communications director, saying: “Condemn this now, @realDonaldTrump—you are the only one they will listen to. For our country!”;
    Whereas photographs, cell phone videos, social media posts, and on-the-ground reporting show that numerous violent insurrectionists who invaded the Capitol were armed, were carrying police grade flex cuffs to detain and handcuff people, used mace, pepper spray, and bear spray against United States Capitol Police officers, erected a gallows on Capitol grounds to hang “traitors,” vehemently chanted “Hang Mike Pence!” while surrounding and roving the Capitol, emphasized that storming the Capitol was “a revolution,” brandished the Confederate battle flag inside the Capitol, and were found to be in possession of Napalm B, while still unidentified culprits planted multiple pipe bombs at buildings near the Capitol complex, another lethally dangerous criminal action that succeeded in diverting law enforcement from the Capitol; and
    Whereas Donald Trump has demonstrated repeatedly, continuously, and spectacularly his absolute inability to discharge the most basic and fundamental powers and duties of his office, including most recently the duty to respect the legitimate results of the Presidential election, the duty to respect the peaceful transfer of democratic power under the Constitution, the duty to participate in legally defined transition activities, the duty to protect and uphold the Constitution of the United States, including the counting of Electoral College votes by Congress, the duty to protect the people of the United States and their elected representatives against domestic insurrection, mob rule, and seditious violence, and generally the duty to take care that the laws be faithfully executed: Now, therefore, be it
Resolved, That the House of Representatives calls upon Vice President Michael R. Pence—

(1) to immediately use his powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the executive departments in the Cabinet to declare what is obvious to a horrified Nation: That the President is unable to successfully discharge the duties and powers of his office; and



Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.



Mr. Cicilline (for himself, Mr. Lieu, Mr. Raskin, Mr. Nadler, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Ms. Barragán, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Ms. Bourdeaux, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Ms. Bush, Mrs. Bustos, Mr. Butterfield, Mr. Carbajal, Mr. Cárdenas, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Crist, Mr. Crow, Mr. Cuellar, Ms. Davids of Kansas, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Ms. Garcia of Texas, Mr. García of Illinois, Mr. Gomez, Mr. Vicente Gonzalez of Texas, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mr. Harder of California, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Jones, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Ms. Lofgren, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Murphy of Florida, Mrs. Napolitano, Mr. Neal, Mr. Neguse, Ms. Newman, Mr. Norcross, Ms. Norton, Mr. O'Halleran, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Mr. Phillips, Ms. Pingree, Ms. Plaskett, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Miss Rice of New York, and Ms. Ross) submitted the following resolution; which was referred to the Committee on the Judiciary

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.


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 President 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.

House Judiciary Committee
January 25, 2021

Chairman Nadler Statement Ahead of House Transmitting Article of Impeachment & Trump Impeachment Trial

Washington, D.C. – House Judiciary Committee Chairman Jerrold Nadler released the following statement ahead of the House Impeachment Managers transmitting H.Res. 24, An Article of Impeachment Charging President Trump with Incitement of Insurrection, to the Senate. The impeachment trial will start the week of February 8th.

“Today, our team of managers will deliver the article of impeachment to the Senate and formally begin the second trial of Donald Trump. Although I remain hopeful for our country after the inauguration of President Biden and Vice President Harris, we must not give Donald Trump a pass for inciting a deadly insurrection on our Capitol just a few weeks ago. He must be held accountable. The future of this country is at stake. The House has done its job by impeaching Trump, and now the Senate must complete the task by ensuring that he is never again in a position to directly harm the United States.”


Sen. Patrick Leahy
January 25, 2020

Comment On Presiding Over The Impeachment Trial Of President Donald Trump

[Last week, for the third time in his 46 years as a United States Senator, Senator Leahy was sworn in as president pro tempore of the Senate.  The president pro tempore is a constitutional officer, responsible for presiding over the Senate in the absence of the vice president.  For more than 70 years, the senator holding the office of the president pro tempore has stood third in line in the order of succession to be president.  Throughout the nation’s history, each president pro tempore has almost without exception belonged to a political party, and each, representing the people of his state, has no doubt had their own personal and political views on the matters before the Senate.  Yet when presiding over the Senate, the president pro tempore has historically served as a neutral arbiter, issuing rulings where appropriate and preserving order.]

“The president pro tempore has historically presided over Senate impeachment trials of non-presidents.  When presiding over an impeachment trial, the president pro tempore takes an additional special oath to do impartial justice according to the Constitution and the laws.  It is an oath that I take extraordinarily seriously.

“I consider holding the office of the president pro tempore and the responsibilities that come with it to be one of the highest honors and most serious responsibilities of my career.  When I preside over the impeachment trial of former President Donald Trump, I will not waver from my constitutional and sworn obligations to administer the trial with fairness, in accordance with the Constitution and the laws.

# # # # #
House Judiciary Committee
February 2, 2021

Impeachment Managers File Trial Brief, Explain Senate’s Obligation to Hear Case against Donald Trump

The brief lays out the case for the conviction of former President Trump for “incitement of insurrection against the Republic he swore to protect.”

Washington, D.C. – Today, the House Impeachment Managers filed their Trial Memorandum of the United States House of Representatives in the Impeachment Trial of President Donald J. Trump. The brief lays out the case for the conviction of former President Donald J. Trump for “incitement of insurrection against the Republic he swore to protect.” As directed by the Senate, the memorandum also describes the Senate’s obligation to hear this case, affirming that “[t]he Constitution governs the first day of the President’s term, the last day, and every moment in between.”

After the brief was filed, House Managers Jamie Raskin, Diana DeGette, David Cicilline, Joaquin Castro, Eric Swalwell, Ted Lieu, Stacey Plaskett, Madeleine Dean and Joe Neguse issued the following joint statement:

“The facts are compelling and the evidence is overwhelming. After months of spreading his Big Lie that he won a landslide victory in the 2020 election, leading up to and on January 6, 2021, President Trump summoned, assembled and incited a violent mob that attacked the Capitol, cost the lives of three police officers and four other people, threatened the Vice-President and Congress, and successfully halted the counting of the Electoral College vote. Trump’s responsibility for the vicious January 6 insurrection is unmistakable. Moreover, 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. 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.”

In the brief, the House Impeachment Managers wrote:

“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. Since the dawn of the Republic, no enemy—foreign or domestic—had ever obstructed Congress’s counting of the votes. No President had ever refused to accept an election result or defied the lawful processes for resolving electoral disputes. Until President Trump.

“In a grievous betrayal of his Oath of Office, President Trump incited a violent mob to attack the United States Capitol during the Joint Session, thus impeding Congress’s confirmation of Joseph R. Biden, Jr. as the winner of the presidential election. As it stormed the Capitol, the mob yelled out ‘President Trump Sent Us,’ ‘Hang Mike Pence,’ and ‘Traitor Traitor Traitor.’”

“The Nation will indeed remember January 6, 2021—and President Trump’s singular responsibility for that tragedy. It is impossible to imagine the events of January 6 occurring without President Trump creating a powder keg, striking a match, and then seeking personal advantage from the ensuing havoc. In the words of Representative Liz Cheney, the House Republican Conference Chair: ‘The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution.’ Senate Minority Leader Mitch McConnell recently affirmed that ‘[t]he mob was fed lies’ and ‘provoked by the president.’”

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 misdemeanor 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. As we explain at length below—and as scholars from diverse viewpoints 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.

“The Constitution governs the first day of the President’s term, the last day, and every moment in between. Presidents do not get a free pass to commit high crimes and misdemeanors near the end of their term. The Framers of our Constitution feared more than anything a President who would abuse power to remain in office against the will of the electorate. Allowing Presidents to subvert elections without consequence would encourage the most dangerous of abuses.”

Reiterating the central argument of the case, the House Managers wrote:

“…President Trump’s conduct must be declared unacceptable in the clearest and most unequivocal terms. This is not a partisan matter. 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. 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.

“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 honor, 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 defense of our democracy.”

“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.”

Congressman Jamie Raskin will serve as Lead Manager in presenting the case against President Trump. He will be joined by Congresswoman Diana DeGette, Congressman David Cicilline, Congressman Joaquin Castro, Congressman Eric Swalwell, Congressman Ted Lieu, Congresswoman Stacey Plaskett, Congresswoman Madeleine Dean, and Congressman Joe Neguse.

Click here to read the U.S. House’s Trial Memorandum and Statement of Material Facts in the impeachment trial of President Donald J. Trump.



House Judiciary Committee
Washington, February 4, 2021

House Impeachment Managers Request Former President Trump Testify Under Oath Next Week

Washington, D.C. – Today, Lead Impeachment Manager Jamie Raskin sent a letter to former President Donald Trump requesting that he provide testimony under oath, either before or during the Senate impeachment trial, about his conduct on January 6. The letter comes after former President Trump’s legal team filed an answer to the Article of Impeachment, denying incontrovertible facts about the President’s conduct on and leading up to January 6 and asserting that “[…] the 45th President of the United States performed admirably in his role as president, at all times doing what he thought was in the best interests of the American people.”

In the letter, Lead Manager Raskin wrote, “Two days ago, you filed an Answer in which you denied many factual allegations set forth in the article of impeachment. You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021. We would propose that you provide your testimony (of course including cross-examination) as early as Monday, February 8, 2021, and not later than Thursday, February 11, 2021. We would be pleased to arrange such testimony at a mutually convenient time and place.”

“If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on January 6, 2021,” Lead Manager Raskin continued. “I would request that you respond to this letter by no later than Friday, February 5, 2021 at 5pm.”

Below is the full text of the letter to former President Trump.


February 4, 2021

President Donald J. Trump
c/o Bruce L. Castor Jr. and David Schoen

Via E-Mail

Dear President Trump,

As you are aware, the United States House of Representatives has approved an article of impeachment against you for incitement of insurrection. See H. Res. 24. The Senate trial for this article of impeachment will begin on Tuesday, February 9, 2021. See S. Res. 16.

Two days ago, you filed an Answer in which you denied many factual allegations set forth in the article of impeachment. You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021. We would propose that you provide your testimony (of course including cross-examination) as early as Monday, February 8, 2021, and not later than Thursday, February 11, 2021. We would be pleased to arrange such testimony at a mutually convenient time and place.

Presidents Gerald Ford and Bill Clinton both provided testimony while in office—and the Supreme Court held just last year that you were not immune from legal process while serving as President—so there is no doubt that you can testify in these proceedings. Indeed, whereas a sitting President might raise concerns about distraction from their official duties, that concern is obviously inapplicable here. We therefore anticipate your availability to testify.

If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on January 6, 2021.

I would request that you respond to this letter by no later than Friday, February 5, 2021 at 5pm. I look forward to your response and to your testimony.

Very truly yours,

Jamie Raskin
Lead Impeachment Manager


Text of letter from offices of David I. Schoen

February 4, 2021
Congressman Jamie Raskin
Via e-mail to Barry Berke, Esq.
House Impeachment Counsel

Dear Congressman Raskin:

We are in receipt of your latest public relations stunt. As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding.

Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen.

The use of our Constitution to bring a purported impeachment proceeding is much too serious to try to play these games.


Brucee L. Castor, Jr.
David I. Schoen
Attorneys to the 45th President


House Judiciary Committee
Washington, February 4, 2021

Lead Impeachment Manager Raskin Statement on Former President Trump's Refusal to Testify Under Oath

Washington, D.C. – Today, Lead Impeachment Manager Jamie Raskin issued the following statement in response to former President Donald Trump's refusal to testify under oath, either before or during the Senate impeachment trial:

"Today, we offered President Trump the opportunity to testify about the events of January 6 and he refused to do so. Despite his lawyers’ rhetoric, any official accused of inciting armed violence against the government of the United States should welcome the chance to testify openly and honestly—that is, if the official had a defense. We will prove at trial that President Trump’s conduct was indefensible. His immediate refusal to testify speaks volumes and plainly establishes an adverse inference supporting his guilt."


Senate Majority Leader Chuck Schumer
February 8, 2021


Washington, D.C. – Senate Majority Leader Chuck Schumer (D-NY) today announced an agreement on a Senate resolution setting up the structure of the upcoming Senate impeachment trial of Donald J. Trump that ensures the trial will be fair to both the impeachment managers and defense.

“I’m pleased that all parties - the managers, former president’s counsel and Leader McConnell - have agreed to this plan to ensure a fair and honest bipartisan Senate impeachment trial of Donald J. Trump this week,” said Senate Majority Leader Chuck Schumer. “This impeachment trial in the United States Senate will allow for truth and accountability, which are essential to ensuring desperately-needed unity and healing in our country following the despicable attack on our democracy on January 6 that left five people dead.”

Specifically, the new Senate resolution (found here), which is expected to pass the Senate early this week, provides for:

  • Up to 4 hours equally divided between the Impeachment Managers and the former president’s counsel to present arguments on Tuesday February 9 on the constitutionality of the trial. Following these arguments the Senate will vote, at a simple majority threshold, on whether the Senate has jurisdiction under the Constitution to try the former president.  If a majority votes in favor of the constitutionality of the trial, it will proceed under the provisions of the resolution as follows. 
  • Up to 16 hours per side for the Impeachment Managers and the defense to present their case beginning Wednesday, Feb. 10 at 12:00pm EST. The resolution states that each side must use their time over no greater than two days and each day’s presentation will not exceed 8 hours.
  • Following presentations from both sides, a total of 4 hours for Senators to question the two parties
  • At the request of the Impeachment Managers, following the Senator question period, there will be 2 hours equally divided for arguments on whether it will be in order for the Senate to consider motions to subpoena witnesses and documents, if so requested. If the Senate votes in favor, then motions to subpoena witnesses or documents will be in order, and the Senate will vote on any such motions.
        • If witnesses or documents are subpoenaed, both parties will be allowed to depose witnesses and conduct appropriate discovery. In that event, specific provisions for the conduct of depositions, and of witness testimony in the Senate, if ordered by the Senate, would be included in a subsequent Senate resolution to be agreed to later in the trial.
  • Up to 4 hours equally divided between the Impeachment Managers and defense for closing arguments.
  • At the conclusion of closing arguments, and deliberation time for Senators, if requested, the Senate will vote on the Article of Impeachment.
Additional trial information:
  • Per the request of President Trump’s counsel, no trial proceedings will occur between Friday after 5 p.m. or on Saturday. The Senate will again convene as a Court of Impeachment in the afternoon of Sunday February 14.


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          Congressional Record

House Speaker Nancy Pelosi
February 13, 2021

Pelosi Remarks at Press Availability Following Conclusion of Donald Trump’s Impeachment Trial in the Senate

Washington, D.C. – Speaker Nancy Pelosi joined House Impeachment Managers for a press availability following the conclusion of Donald Trump’s impeachment trial in the Senate.  Below are the Speaker’s remarks:

Speaker Pelosi.  It had not been my intention to come to this press availability,  however tempting it would be to sing the praises of our House Managers on behalf, not only of the House of Representatives, on behalf of the American people.  And I have to say, personally, on behalf of my grandchildren who drew great hope and inspiration from each and every one of you, we could not be prouder of your patriotic presentations, the clarity with which you presented and, again, the inspiration you have been to so many people, so I thank you for that.

When I see all of them, it reminds me that when we recruit candidates to run for office or we see them self-recruiting, we always say – they’ll say, well, ‘I could be the President of my university or I could be the head of my hospital department or this or that, so I have to think about whether I run for Congress.’  We always say, ‘We don't want anybody without options.  That’s why we're looking for you to run, because you have options.  That shouldn't be a reason for you not to run.’

But what we saw in that Senate today was a cowardly group of Republicans who apparently have no options because they were afraid to defend their job, respect the institution in which they serve.  Imagine that it would be vandalized in so many bad ways that I won't even go into here, and that they would not respect their institution.  That the President of the Senate, Mike Pence – ‘Hang Mike Pence’ was the chant and they just dismissed that.  Why?  Because maybe they can't get another job.  What is so important about any one of us?  What is so important about the political survival of any one of us that is more important than our Constitution that we take an oath to protect and defend?  

But why I came over was because I listened to Mitch McConnell.  Mitch McConnell, who when this distinguished group of House Managers were gathered on January 15th to deliver the Article of Impeachment could not – we're told it could not be received because Mitch McConnell had shut down the Senate and was going to keep it shut down until right, until the inauguration.

So for him to get up there and make this indictment against the President and then say but ‘I can't, I can’t vote for it because it's after the fact.’  The fact that he established!  The fact that he established that it could not be delivered before the inauguration.

Now, when you think about January 6th, between 6th and January 20th, you're only talking about just under two weeks, a day under two weeks.  So, the big lie, ‘Stop the steal,’ the big lie that you talked about, ‘Stop the steal,’ was the momentum for getting these people there on the 6th.  They honestly believed for whatever reason, maybe too much social media, whatever – watch ‘[The Social Dilemma],’ that movie – why they were thinking that that was true, that their election was not legitimate, whatever the reason their President told.  So, okay, so that's the 6th.

A week later we impeach in the House.  Thank you to those of you who participated right away:  Jamie Raskin, Ted Lieu and David Cicilline.  Where’s David?  David Cicilline.  They were – they had it all written up and ready to go, bipartisanly passed the House.  And then two days later, ready with the case to take to the Senate.  ‘Oh, we can't receive it.’  Not a question – by the law you're supposed to receive it and the next day start the trial.

So, for Mitch McConnell, who created the situation where it could not have been heard before the 20th or even begun before the 20th in the Senate, to say all the things he said, oh, my gosh, about Donald Trump and how horrible he was and is, and then say, ‘But the time that the House chose to bring it over’ – no, we didn't choose.  You chose not to receive it.  So, I think that's really important.

And then again, it doesn't matter.  As Jamie and others have told us, you can have the case after the person is out of office so it's an elementary discussion.  The Senate rules in that way and honoring of precedent on this.  It didn't matter except it was not the reason that he voted the way he did.  It was the excuse that he used.  And so that’s why I think it’s important because that was a very important speech.

I thought Chuck Schumer's speech was remarkable in laying it all out.  I think he was inspired by all of you because you raised the level of all this to such a place of patriotism and knowledge of our country, our history and what we owe our children.  Again, we always say: honoring the vision our Founders, worthy of the sacrifice of our men and women in uniform and respecting the aspirations of our children.  They did all of that.  And as Jamie – the distinguished Lead Manager said earlier on this presidential weekend, our sense of patriotism is stirred and we're called upon in a stronger way.

So, I want to thank them.  I want to thank Stacey Plaskett.  Thank you, Stacey.  Thank you, Madeleine Dean.  Thank you very much, Joe Neguse.  Thank you, Eric Swalwell.  Thank you, Diana DeGette.  Thank you, David Cicilline.  Thank you, Ted Lieu.  Thank you, Joaquin Castro.  Thank you very much, Mr. Lead Manager on all of this.  We just couldn't be prouder.  

I’ve been hearing from my grandchildren who are very sad that justice wasn't done.  But by [fourteen] votes, the Senate voted to convict.  A good bipartisan statement about what has happened.  It would not have been accomplished without your brilliant presentation.  So, I thank you for that.  And I yield the Floor back to all of you as I leave.


Congressman Raskin.  Madam Speaker, thank you for your confidence in us.  I was going to go next to Scott.  Were you going to take the next one, David?

Q:  I’m curious though – for the Speaker, if she had a comment about Mitch McConnell's statement on the Floor suggestion that President Trump still was liable criminally or civilly for everything he did in office.  Do you think now that the Justice Department or State Attorney General should pursue the legal –

Speaker Pelosi.  He even hedged on that.  Remember when he talked about incitement, he said he didn't think this rose to a level – I’m going to tell you.  So, he was hedging all over the place.  I don't know whether it was for donors or what.  But whatever it was, it was a very disingenuous speech.  And I say that regretfully because I always want to be able to work, work with the leadership of the other party.  I think our country needs a strong Republican party.  It's very important.  And for him to have tried to have it every which way.

But we will be going forward to make sure that this never happens again in terms of what we’re doing to investigate and evaluate what caused this, both in terms of the motivation but also in terms of the security that we have to have as we go forward, recognizing how inflaming even some of our elected officials can be.  But I defer to all of these distinguished lawyers about –


Congressman Raskin.  Alright.  Let's see.

Q:  Speaker Pelosi, is censure an option right now?

Congressman Raskin.  I’ll come to you and then I’ll come to you.  I’m sorry.

Q:  Is censure an option right now?

Speaker Pelosi.  Censure is a slap in the face of the Constitution that gives – lets everybody off the hook.  It lets everybody off the hook.  Oh, these cowardly Senators who couldn't face up to what the President did and what was at stake for our country are now going to have a chance to give a slap on the wrist?  

We censure people for using stationery for the wrong purpose.  We don't censure people for inciting insurrection that kills people in the Capitol. 
U.S. Senate Republican Leader Mitch McConnell (R-KY)
February 13, 2020

McConnell on Impeachment: “Disgraceful Dereliction” Cannot Lead Senate to “Defy Our Own Constitutional Guardrails”

‘The Senate’s decision does not condone anything that happened on or before that terrible day. It simply shows that Senators did what the former President failed to do: We put our constitutional duty first.’

WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell (R-KY) delivered the following remarks today on the Senate floor regarding the impeachment trial:

“January 6th was a disgrace.

“American citizens attacked their own government. They used terrorism to try to stop a specific piece of democratic business they did not like.                           

“Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the Vice President.

“They did this because they had been fed wild falsehoods by the most powerful man on Earth — because he was angry he’d lost an election.


“Former President Trump’s actions preceding the riot were a disgraceful dereliction of duty.

“The House accused the former President of, quote, ‘incitement.’ That is a specific term from the criminal law.

“Let me put that to the side for one moment and reiterate something I said weeks ago: There is no question that President Trump is practically and morally responsible for provoking the events of that day.

“The people who stormed this building believed they were acting on the wishes and instructions of their President.

“And their having that belief was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories, and reckless hyperbole which the defeated President kept shouting into the largest megaphone on planet Earth.

“The issue is not only the President’s intemperate language on January 6th.

“It is not just his endorsement of remarks in which an associate urged ‘trial by combat.’

“It was also the entire manufactured atmosphere of looming catastrophe; the increasingly wild myths about a reverse landslide election that was being stolen in some secret coup by our now-President.

“I defended the President’s right to bring any complaints to our legal system. The legal system spoke. The Electoral College spoke. As I stood up and said clearly at the time, the election was settled.

“But that reality just opened a new chapter of even wilder and more unfounded claims.

“The leader of the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feign surprise when people believe him and do reckless things.

“Sadly, many politicians sometimes make overheated comments or use metaphors that unhinged listeners might take literally.

“This was different.

“This was an intensifying crescendo of conspiracy theories, orchestrated by an outgoing president who seemed determined to either overturn the voters’ decision or else torch our institutions on the way out.


“The unconscionable behavior did not end when the violence began.

“Whatever our ex-President claims he thought might happen that day… whatever reaction he says he meant to produce… by that afternoon, he was watching the same live television as the rest of the world.

“A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags, and screaming their loyalty to him.

“It was obvious that only President Trump could end this.

“Former aides publicly begged him to do so. Loyal allies frantically called the Administration.

“But the President did not act swiftly. He did not do his job. He didn’t take steps so federal law could be faithfully executed, and order restored.

“Instead, according to public reports, he watched television happily as the chaos unfolded. He kept pressing his scheme to overturn the election!

“Even after it was clear to any reasonable observer that Vice President Pence was in danger… even as the mob carrying Trump banners was beating cops and breaching perimeters… the President sent a further tweet attacking his Vice President.

“Predictably and foreseeably under the circumstances, members of the mob seemed to interpret this as further inspiration to lawlessness and violence.

“Later, even when the President did halfheartedly begin calling for peace, he did not call right away for the riot to end. He did not tell the mob to depart until even later.

“And even then, with police officers bleeding and broken glass covering Capitol floors, he kept repeating election lies and praising the criminals.

“In recent weeks, our ex-President’s associates have tried to use the 74 million Americans who voted to re-elect him as a kind of human shield against criticism.

“Anyone who decries his awful behavior is accused of insulting millions of voters.

“That is an absurd deflection.

“74 million Americans did not invade the Capitol. Several hundred rioters did.

“And 74 million Americans did not engineer the campaign of disinformation and rage that provoked it.

“One person did.


“I have made my view of this episode very plain.

“But our system of government gave the Senate a specific task. The Constitution gives us a particular role.

“This body is not invited to act as the nation’s overarching moral tribunal.

“We are not free to work backward from whether the accused party might personally deserve some kind of punishment.

“Justice Joseph Story was our nation’s first great constitutional scholar. As he explained nearly 200 years ago, the process of impeachment and conviction is a narrow tool for a narrow purpose.

“Story explained this limited tool exists to “secure the state against gross official misdemeanors.” That is, to protect the country from government officers.

“If President Trump were still in office, I would have carefully considered whether the House managers proved their specific charge.

“By the strict criminal standard, the President’s speech probably was not incitement.

“However, in the context of impeachment, the Senate might have decided this was acceptable shorthand for the reckless actions that preceded the riot.

“But in this case, that question is moot. Because former President Trump is constitutionally not eligible for conviction.


“There is no doubt this is a very close question. Donald Trump was the President when the House voted, though not when the House chose to deliver the papers.

“Brilliant scholars argue both sides of the jurisdictional question. The text is legitimately ambiguous. I respect my colleagues who have reached either conclusion.

“But after intense reflection, I believe the best constitutional reading shows that Article II, Section 4 exhausts the set of persons who can legitimately be impeached, tried, or convicted. The President, Vice President, and civil officers.

“We have no power to convict and disqualify a former officeholder who is now a private citizen.

“Here is Article II, Section 4:

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

“Now, everyone basically agrees that the second half of that sentence exhausts the legitimate grounds for conviction.

“The debates around the Constitution’s framing make that clear. Congress cannot convict for reasons besides those.

“It therefore follows that the list of persons in that same sentence is also exhaustive. There is no reason why one list would be exhaustive but the other would not.

“Article II, Section 4 must limit both why impeachment and conviction can occur… and to whom.

“If this provision does not limit the impeachment and conviction powers, then it has no limits at all.

“The House’s ‘sole power of Impeachment’ and the Senate’s ‘sole Power to try all Impeachments’ would create an unlimited circular logic, empowering Congress to ban any private citizen from federal office.

“This is an incredible claim. But it is the argument the House Managers seemed to make. One Manager said the House and Senate have ‘absolute, unqualified… jurisdictional power.’

“That was very honest. Because there is no limiting principle in the constitutional text that would empower the Senate to convict former officers that would not also let them convict and disqualify any private citizen.

“An absurd end result to which no one subscribes.

“Article II, Section 4 must have force. It tells us the President, Vice President, and civil officers may be impeached and convicted. Donald Trump is no longer the president.

“Likewise, the provision states that officers subject to impeachment and conviction ‘shall be removed from Office’ if convicted.


“As Justice Story explained, ‘the Senate, [upon] conviction, [is] bound, in all cases, to enter a judgment of removal from office.’ Removal is mandatory upon conviction.

“Clearly, he explained, that mandatory sentence cannot be applied to somebody who has left office.

“The entire process revolves around removal. If removal becomes impossible, conviction becomes insensible.


“In one light, it certainly does seem counterintuitive that an officeholder can elude Senate conviction by resignation or expiration of term.

“But this just underscores that impeachment was never meant to be the final forum for American justice.

“Impeachment, conviction, and removal are a specific intra-governmental safety valve. It is not the criminal justice system, where individual accountability is the paramount goal.

“Indeed, Justice Story specifically reminded that while former officials were not eligible for impeachment or conviction, they were “still liable to be tried and punished in the ordinary tribunals of justice.”

“We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one.


“I believe the Senate was right not to grab power the Constitution does not give us.

“And the Senate was right not to entertain some light-speed sham process to try to outrun the loss of jurisdiction.

“It took both sides more than a week just to produce their pre-trial briefs. Speaker Pelosi’s own scheduling decisions conceded what President Biden publicly confirmed: A Senate verdict before Inauguration Day was never possible.

“This has been a dispiriting time. But the Senate has done our duty. The framers’ firewall held up again.

“On January 6th, we returned to our posts and certified the election, uncowed.

“And since then, we resisted the clamor to defy our own constitutional guardrails in hot pursuit of a particular outcome.

“We refused to continue a cycle of recklessness by straining our own constitutional boundaries in response.

“The Senate’s decision does not condone anything that happened on or before that terrible day.

“It simply shows that Senators did what the former President failed to do:

“We put our constitutional duty first.”

Statement by Donald J. Trump, 45th President of the United States of America

I want to first thank my team of dedicated lawyers and others for their tireless work upholding justice and defending truth.
My deepest thanks as well to all of the United States Senators and Members of Congress who stood proudly for the Constitution we all revere and for the sacred legal principles at the heart of our country.

Our cherished Constitutional Republic was founded on the impartial rule of law, the indispensable safeguard for our liberties, our rights and our freedoms.
It is a sad commentary on our times that one political party in America is given a free pass to denigrate the rule of law, defame law enforcement, cheer mobs, excuse rioters, and transform justice into a tool of political vengeance, and persecute, blacklist, cancel and suppress all people and viewpoints with whom or which they disagree. I always have, and always will, be a champion for the unwavering rule of law, the heroes of law enforcement, and the right of Americans to peacefully and honorably debate the issues of the day without malice and without hate. 
This has been yet another phase of the greatest witch hunt in the history of our Country. No president has ever gone through anything like it, and it continues because our opponents cannot forget the almost 75 million people, the highest number ever for a sitting president, who voted for us just a few short months ago. 

I also want to convey my gratitude to the millions of decent, hardworking, law-abiding, God-and-Country loving citizens who have bravely supported these important principles in these very difficult and challenging times.  
Our historic, patriotic and beautiful movement to Make America Great Again has only just begun. In the months ahead I have much to share with you, and I look forward to continuing our incredible journey together to achieve American greatness for all of our people. There has never been anything like it!
We have so much work ahead of us, and soon we will emerge with a vision for a bright, radiant, and limitless American future. 
Together there is nothing we cannot accomplish. 
We remain one People, one family, and one glorious nation under God, and it’s our responsibility to preserve this magnificent inheritance for our children and for generations of Americans to come.
May God bless all of you, and may God forever bless the United States of America,

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