🔹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
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
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.
Reading recommendation: Rand Corp, "The Russian Firehose of Falsehoods Propaganda Model," includes advice on how to counter a rapid and continuous stream of lies.
https://t.co/1Jg5CvgrJC
1/
The liar has a “shameless willingness” to tell outrageous lies that lots of people know are lies.
The liar doesn’t care about consistency.
He doesn’t care if it’s obvious he’s lying.
https://t.co/C08paJsKTT
In fact, that's the whole point.
Putin perfected the method.
2/
It seems to come naturally to Trump.
@TimothyDSnyder tells how reporters were often so astonished by Putin's outrageous lies, that they focused on the lies instead of Putin's latest atrocities.
The lies became the news.
The actual news gets pushed off the stage.
3/
The goal is the “disruption of truthful reporting and messaging.”
https://t.co/C08paJsKTT
That's why Trump really wants an actual trial, and why he was so annoyed with the Supreme Court (and other courts) refusing to hear the case.
He wants a stage for the lies.
4/
From the Rand study: The Firehose of Falsehood technique “entertains, confuses and overwhelms the audience.”
I think the "entertainment" part applies to the GOP leadership who know Trump is lying but cheer the lies because they are so destructive.
5/
https://t.co/1Jg5CvgrJC
1/
The liar has a “shameless willingness” to tell outrageous lies that lots of people know are lies.
The liar doesn’t care about consistency.
He doesn’t care if it’s obvious he’s lying.
https://t.co/C08paJsKTT
In fact, that's the whole point.
Putin perfected the method.
2/
It seems to come naturally to Trump.
@TimothyDSnyder tells how reporters were often so astonished by Putin's outrageous lies, that they focused on the lies instead of Putin's latest atrocities.
The lies became the news.
The actual news gets pushed off the stage.
3/
The goal is the “disruption of truthful reporting and messaging.”
https://t.co/C08paJsKTT
That's why Trump really wants an actual trial, and why he was so annoyed with the Supreme Court (and other courts) refusing to hear the case.
He wants a stage for the lies.
4/
From the Rand study: The Firehose of Falsehood technique “entertains, confuses and overwhelms the audience.”
I think the "entertainment" part applies to the GOP leadership who know Trump is lying but cheer the lies because they are so destructive.
5/
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. . .
More from Politics
What does "patriots in control" mean?
What would that "look like" in reality?
So a massive adult film star in all his glory is included in an official FBI government filing
Hunter Biden's book is categorized as "Chinese
TIME admits to "conspiracy" to "not rig, rather
A "pillow guy" has military-grade intercepts detailing the IP addresses and device MAC IDs of EVERY incursion into every county in the
What would that "look like" in reality?
So a massive adult film star in all his glory is included in an official FBI government filing
Perhaps the explanation is that Patriots are in control.
— David Burney (@jdburney1) February 6, 2021
\U0001f923\U0001f923\U0001f923\U0001f923 https://t.co/W3S8TgeY74
Hunter Biden's book is categorized as "Chinese
Patriots in control?
— David Burney (@jdburney1) February 6, 2021
\U0001f923\U0001f923\U0001f923\U0001f923 https://t.co/p0rEyfd2DW
TIME admits to "conspiracy" to "not rig, rather
TIME admits stolen election, with spin!
— David Burney (@jdburney1) February 6, 2021
"They weren't rigging the election, they were fortifying it."
Recognize the Ministry of Truth? How many things in the last few years have been redefined to be the opposite of reality?
Google the definition of "bigot" if you doubt me. https://t.co/CNU888fxr4 pic.twitter.com/UEhRBOtUB6
A "pillow guy" has military-grade intercepts detailing the IP addresses and device MAC IDs of EVERY incursion into every county in the
God bless the pillow manufacturer.
— David Burney (@jdburney1) February 6, 2021
The last 30 minutes details where every single incursion is recorded including IP and MAC addresses. 100% proof. pic.twitter.com/P5MVb1xGNC
"3 million people are estimated not to have official photo ID, with ethnic minorities more at risk". They will "have to contact their council to confirm their ID if they want to vote"
This is shameful legislation, that does nothing to tackle the problems with UK elections.THREAD
There is no evidence in-person voter fraud is a problem, and it wd be near-impossible to organise on an effective scale. Campaign finance violations, digital disinformation & manipulation of postal voting are bigger issues, but these are crimes of the powerful, not the powerless.
In a democracy, anything that makes it harder to vote - in particular, anything that disadvantages one group of voters - should face an extremely high bar. Compulsory voter ID takes a hammer to 3 million legitimate voters (disproportionately poor & BAME) to crack an imaginary nut
If the government is concerned about the purity of elections, it should reflect on its own conduct. In 2019 it circulated doctored news footage of an opponent, disguised its twitter feed as a fake fact-checking site, and ran adverts so dishonest that even Facebook took them down.
Britain's electoral law largely predates the internet. There is little serious regulation of online campaigning or the cash that pays for it. That allows unscrupulous campaigners to ignore much of the legal framework erected since the C19th to guard against electoral misconduct.
This is shameful legislation, that does nothing to tackle the problems with UK elections.THREAD
Millions of people do not have photo ID. By forcing through mandatory voter-ID the government risk disenfranchising millions of legitimate voters. https://t.co/y0Upzof2FI
— Electoral Reform Society (@electoralreform) February 17, 2021
There is no evidence in-person voter fraud is a problem, and it wd be near-impossible to organise on an effective scale. Campaign finance violations, digital disinformation & manipulation of postal voting are bigger issues, but these are crimes of the powerful, not the powerless.
In a democracy, anything that makes it harder to vote - in particular, anything that disadvantages one group of voters - should face an extremely high bar. Compulsory voter ID takes a hammer to 3 million legitimate voters (disproportionately poor & BAME) to crack an imaginary nut
If the government is concerned about the purity of elections, it should reflect on its own conduct. In 2019 it circulated doctored news footage of an opponent, disguised its twitter feed as a fake fact-checking site, and ran adverts so dishonest that even Facebook took them down.
Britain's electoral law largely predates the internet. There is little serious regulation of online campaigning or the cash that pays for it. That allows unscrupulous campaigners to ignore much of the legal framework erected since the C19th to guard against electoral misconduct.
