🔹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.
(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.
🔹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.
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.
Therefore certain requirements for a criminal trial, such as the requirement that allegations be proven beyond a reasonable doubt, do not apply.
Notice the 14th Amendment doesn’t give the procedure for determining when Section 3 applies.
In other words, it gets complicated.
Now, for a close look at the charge of Incitement of Insurrection.
Additional facts can come out at the trial, which is sort of what trials are for.
This is particularly true when a crime was actually televised and members of the Senate conducting the trial were witnesses.
On January 6, Congress and the VP were carrying out the duties given in the 12th Amendment.
Just before the insurrection, Trump addressed a crowd and, among other things, said the following:
Trump's conduct followed his efforts on Jan. 2 when he “urged” Georgia SOS Raffensperger to “find” enough votes to overturn GA’s presidential election results and “threatened” Raffensperger if he failed to do so.
They don't want the truth to come out.
They don't want to acknowledge their complicity or discredit their own propaganda machine.
Who is getting strong-armed now?
https://t.co/48Y3SLnvZf
According to a GOP source on conference phone call yesterday, Kevin McCarthy warned members not to verbally attack colleagues who vote for impeachment because it could endanger their lives.
— John McCormack (@McCormackJohn) January 12, 2021
He was president when the Article was drafted. One requested remedy is that he can't hold office again.
The idea that a president can commit a heinous act during the final days of his presidency and thus escape accountability makes no sense.
https://t.co/61q0aUL53T
Do you think it would create any kind of problem\u2014if the trial were to begin after January 20th\u2014that the resolution refers to Trump as President of the United States?
— David Waldman-1, of Yorktown LLC\u2122 (@KagroX) January 12, 2021
More from Teri Kanefield
January 6th will be a freak show. Biden will become president because the only way to stop it would be for the House to agree, and that won't happen.
Going forward, the GOP becomes even more dangerous and radicalized.
A few hopeful points:
The GOP could very well lose control of the Senate.
Because these GOP Senators will force a vote, the GOP may fracture, with moderates forced out. While this radicalizes the party, they lose
A few reasons. As @ProfBrianKalt points out, refusing to seat them because they say the election wasn't valid gives credence to the lie that the election wasn't valid.
Moreover, there's no authority to refuse to seat an elected rep for telling lies. .
. . . which is what refusing to seat them would amount to.
The Democrats say, "You are doing really bad things so we won't seat you."
See the problem with that?
(1) It's illegal. The House doesn't get to decide who is seated. The states send their own reps.
moreover . . .
(2) If you say, "The House gets to refuse to seat a person who tells a lie about the election," where does that lead?
If things continue this direction, the political divide will not longer be liberal v. conservative.
The divide will be pro- democracy v. anti-democracy. . .
Going forward, the GOP becomes even more dangerous and radicalized.
What do you see as an outcome of this Teri?
— AnimalsIntuit (@copplestonearts) January 2, 2021
A few hopeful points:
The GOP could very well lose control of the Senate.
Because these GOP Senators will force a vote, the GOP may fracture, with moderates forced out. While this radicalizes the party, they lose
What do you see as an outcome of this Teri?
— AnimalsIntuit (@copplestonearts) January 2, 2021
A few reasons. As @ProfBrianKalt points out, refusing to seat them because they say the election wasn't valid gives credence to the lie that the election wasn't valid.
Moreover, there's no authority to refuse to seat an elected rep for telling lies. .
Why won\u2019t the Dems in Congress give some consequences? Like refusing to seat those participating in sedition?
— Teacher Sarah (@cmommy77) January 2, 2021
. . . which is what refusing to seat them would amount to.
The Democrats say, "You are doing really bad things so we won't seat you."
See the problem with that?
(1) It's illegal. The House doesn't get to decide who is seated. The states send their own reps.
moreover . . .
(2) If you say, "The House gets to refuse to seat a person who tells a lie about the election," where does that lead?
If things continue this direction, the political divide will not longer be liberal v. conservative.
The divide will be pro- democracy v. anti-democracy. . .
It looks like 45 Republican Senators voted against holding an impeachment trial for Trump.
I hope nobody had high hopes that the GOP would do the right thing.
The GOP remains the Party of Trump and is hardening into an extremist anti-democratic
They are the anti-rule of law, anti truth party. https://t.co/e6EME39xNn
Fortunately, they're outnumbered.
Not by much, but they're outnumbered.
Hi, everyone.
A lot of these doomsday comments are annoying me.
Have you all learned nothing over the past few years?
You might want to duck because, I'm about to go on a tear . . .
The same people telling me we're doomed and democracy is dead are probably the same people who told me (1) Trump would make himself dictator (2) The Supreme Court would keep him in office and (3) he would never leave the White House.
Nobody owes you a democracy . . .
My mantra the past 4 years: democracy will survive if enough people want it to, and are willing to do the work.
Did the doomsday people happen to see that the vote was 55-45 in favor of holding a trial?
I think the problem is there has been so much peddling of hope porn. . .
I hope nobody had high hopes that the GOP would do the right thing.
The GOP remains the Party of Trump and is hardening into an extremist anti-democratic
They are the anti-rule of law, anti truth party. https://t.co/e6EME39xNn
Fortunately, they're outnumbered.
Not by much, but they're outnumbered.
They clearly aren\u2019t the party of LAW AND ORDER
— DWUK (@UKfriendlyguy) January 26, 2021
Hi, everyone.
A lot of these doomsday comments are annoying me.
Have you all learned nothing over the past few years?
You might want to duck because, I'm about to go on a tear . . .
The same people telling me we're doomed and democracy is dead are probably the same people who told me (1) Trump would make himself dictator (2) The Supreme Court would keep him in office and (3) he would never leave the White House.
Nobody owes you a democracy . . .
My mantra the past 4 years: democracy will survive if enough people want it to, and are willing to do the work.
Did the doomsday people happen to see that the vote was 55-45 in favor of holding a trial?
I think the problem is there has been so much peddling of hope porn. . .
Happy New Year 🪅🎉🥳
Goodbye 2020 and good riddance.
Thank you all for sharing the journey with me. Thank you for the questions, comments, gifs. We got through 2020. 2021 will be better.
2021 will be the year to Make Democracy Cool Again.
How about a few resolutions?
#1: Run for Something
(or help someone else run for something)
Want to really make a difference in politics and government? Don’t just march, @runforsomething.
Make sure things are done right. Be the person in
#2: If you can’t run for something, find someone you know who would be terrific, and encourage that person to run.
You can also volunteer to help Run for Something screen candidates.
#3: Be a Community Organizer
Do you have a talent for organizing? If so, democracy needs you. One reason the Tea Party was successful was that they organized locally and put pressure on local officials.
#4: Register New Voters
Start now. It's not too early.
In some states, you can become an official volunteer voter registrar. James Williams in Maryland told how he did it in his state.
Goodbye 2020 and good riddance.
Thank you all for sharing the journey with me. Thank you for the questions, comments, gifs. We got through 2020. 2021 will be better.
2021 will be the year to Make Democracy Cool Again.
How about a few resolutions?
#1: Run for Something
(or help someone else run for something)
Want to really make a difference in politics and government? Don’t just march, @runforsomething.
Make sure things are done right. Be the person in
#2: If you can’t run for something, find someone you know who would be terrific, and encourage that person to run.
You can also volunteer to help Run for Something screen candidates.
#3: Be a Community Organizer
Do you have a talent for organizing? If so, democracy needs you. One reason the Tea Party was successful was that they organized locally and put pressure on local officials.
#4: Register New Voters
Start now. It's not too early.
In some states, you can become an official volunteer voter registrar. James Williams in Maryland told how he did it in his state.
How to become a volunteer voter registrar
— 5 DAYS UNTIL THE GEORGIA RUN-OFF. KEEP THE FAITH. (@JamesMWilliam18) May 31, 2019
It is actually very simple. I live in a Maryland suburb, and I called my county Board of Elections to schedule a meeting. Once that was done, I spent about two hours going over the laws, rules and regulations.
This is what he wants to do.
No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.
1/
The question is how to move forward.
My mantra is that there are no magic bullets and these people will always be with us.
Except for state legislatures, they have less power now than they have for a while.
2/
The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.
It’s a constant battle.
3/
Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.
4/
Precisely. That's why Thurgood Marshall's life came to mind.
We are still riding the backlash that started after the Supreme Court decision in Brown v. Board of Education.
That's why I keep saying there are no easy
No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.
1/
Wouldn't he just use this to repeat his Big Lie and have GOP echo him?
— Thel Marquez (@theljava) January 31, 2021
The question is how to move forward.
My mantra is that there are no magic bullets and these people will always be with us.
Except for state legislatures, they have less power now than they have for a while.
2/
The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.
It’s a constant battle.
3/
Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.
4/
Precisely. That's why Thurgood Marshall's life came to mind.
We are still riding the backlash that started after the Supreme Court decision in Brown v. Board of Education.
That's why I keep saying there are no easy
Yep. My relatives continue to support Trump and make false equivalencies as justification. I\u2019ve found it impossible to present factual information that changes minds. Trump\u2019s emotional appeal registers with them: that things were better before civil rights advances.
— Martha Brockenbrough INTO THE BLOODRED WOODS (@mbrockenbrough) January 31, 2021
More from Politics
Trump is gonna let the Mueller investigation end all on it's own. It's obvious. All the hysteria of the past 2 weeks about his supposed impending firing of Mueller was a distraction. He was never going to fire Mueller and he's not going to
Mueller's officially end his investigation all on his own and he's gonna say he found no evidence of Trump campaign/Russian collusion during the 2016 election.
Democrats & DNC Media are going to LITERALLY have nothing coherent to say in response to that.
Mueller's team was 100% partisan.
That's why it's brilliant. NOBODY will be able to claim this team of partisan Democrats didn't go the EXTRA 20 MILES looking for ANY evidence they could find of Trump campaign/Russian collusion during the 2016 election
They looked high.
They looked low.
They looked underneath every rock, behind every tree, into every bush.
And they found...NOTHING.
Those saying Mueller will file obstruction charges against Trump: laughable.
What documents did Trump tell the Mueller team it couldn't have? What witnesses were withheld and never interviewed?
THERE WEREN'T ANY.
Mueller got full 100% cooperation as the record will show.
BREAKING: President Donald Trump has submitted his answers to questions from special counsel Robert Mueller
— Ryan Saavedra (@RealSaavedra) November 20, 2018
Mueller's officially end his investigation all on his own and he's gonna say he found no evidence of Trump campaign/Russian collusion during the 2016 election.
Democrats & DNC Media are going to LITERALLY have nothing coherent to say in response to that.
Mueller's team was 100% partisan.
That's why it's brilliant. NOBODY will be able to claim this team of partisan Democrats didn't go the EXTRA 20 MILES looking for ANY evidence they could find of Trump campaign/Russian collusion during the 2016 election
They looked high.
They looked low.
They looked underneath every rock, behind every tree, into every bush.
And they found...NOTHING.
Those saying Mueller will file obstruction charges against Trump: laughable.
What documents did Trump tell the Mueller team it couldn't have? What witnesses were withheld and never interviewed?
THERE WEREN'T ANY.
Mueller got full 100% cooperation as the record will show.
My piece in the NY Times today: "the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016."
Based on this analysis: "Denials for immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016. On an absolute basis, FY 2018 will see more than about 155,000 more denials than FY 2016." https://t.co/Bl0naOO0sh
"This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.."
Thanks to @gsiskind for his insightful comments. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”
My conclusion:
Based on this analysis: "Denials for immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016. On an absolute basis, FY 2018 will see more than about 155,000 more denials than FY 2016." https://t.co/Bl0naOO0sh
"This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.."
Thanks to @gsiskind for his insightful comments. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”
My conclusion:
1/ Imagine that as soon as the referendum result the EU announced that it was looking forward to the end of free movement of UK citizens in the EU
2/ Imagine if the EU said finally all those retired Brits in the EU27 could go home
3/ Imagine if the EU said finally all those Brits in the EU could stop driving down wages, taking jobs and stop sending benefits back to the UK
4/ Imagine if the EU said it was looking to use UK citizens as “bargaining chips” to get a better trade deal
5/ Imagine if the EU told UK citizens in the EU27 that they could no longer rely on established legal rights and they would have to apply for a new status which they have to pay for for less rights
Imagine, for a moment, the reaction of the UK Government, Brexiters, and the RW UK press if Juncker, Tusk, Macron or Merkel went on TV to say that Brexit was worth it to stop Freedom of Movement for UK citizens, and to stop Brits being able to come to the EU and jump the queue.
— Steve Bullock (@GuitarMoog) November 20, 2018
2/ Imagine if the EU said finally all those retired Brits in the EU27 could go home
3/ Imagine if the EU said finally all those Brits in the EU could stop driving down wages, taking jobs and stop sending benefits back to the UK
4/ Imagine if the EU said it was looking to use UK citizens as “bargaining chips” to get a better trade deal
5/ Imagine if the EU told UK citizens in the EU27 that they could no longer rely on established legal rights and they would have to apply for a new status which they have to pay for for less rights
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Krugman is, of course, right about this. BUT, note that universities can do a lot to revitalize declining and rural regions.
See this thing that @lymanstoneky wrote:
And see this thing that I wrote:
And see this book that @JamesFallows wrote:
And see this other thing that I wrote:
One thing I've been noticing about responses to today's column is that many people still don't get how strong the forces behind regional divergence are, and how hard to reverse 1/ https://t.co/Ft2aH1NcQt
— Paul Krugman (@paulkrugman) November 20, 2018
See this thing that @lymanstoneky wrote:
And see this thing that I wrote:
And see this book that @JamesFallows wrote:
And see this other thing that I wrote:
