(Thread) Over the Cliff Notes: Impeachment #2

Let’s start with the Article of Impeachment itself: https://t.co/KRiPGstRwi

The charge: Incitement of Insurrection.

Spoiler: This is a slam-dunk in the impeach-and-convict department, and will create a moment of truth for the GOP.

1/ The basics:

🔹Impeachment requires a majority vote in the House. 

🔹Impeachment is followed by a Senate Trial.

🔹Conviction requires 2/3 of the Senate.

After conviction, preventing Trump from holding office again requires a simple majority vote.

2/ This is not a criminal trial.

The Constitution specifically says that a criminal trial may be appropriate AFTER impeachment and removal.

Defendants in a criminal trial have special protections because they stand to lose their liberty, property, or even their life.

3/ An impeached president stands to lose his job and the ability to hold the job again.

Therefore certain requirements for a criminal trial, such as the requirement that allegations be proven beyond a reasonable doubt, do not apply.

4/ In addition to charging Incitement of Insurrection, the Article invokes the 14th Amendment (sec 3) and Trump’s duty to faithfully execute the oath of office. 

Notice the 14th Amendment doesn’t give the procedure for determining when Section 3 applies.

The Authority Figure Defense

My latest for the Washington Post with @reichellaw

https://t.co/QwdXVmXXuk

The Public Authority Defense will make it harder for the Trumps, Giuliani, and pals to squirm out of facing consequences.

1/

Here’s how the defense works. If the chief of police tells you that you could ignore “no parking” sign, you could evoke the Public Authority Defense.

You could point your finger at the authority figure who invited you to commit the illegal act.

The spotlight then turns to the authority figure: Did the chief of police have the authority to waive the parking restriction?

If not, was it reasonable for you to believe that he did?

See where this is

Each day, more evidence emerges that Trump and other elected officials instigated this riot.

Every day, more evidence emerges that the lies told by people like @tedcruz, @HawleyMO, and @KellyannePolls led to the

The public authority defense doesn’t mean the rioters are off the hook: They can still be arrested, charged and brought to trial.

But depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.

5/