Photos: YouTube\Wikimedia Commons\Gage Skidmore
Donald Trump has given Democrats, and interested prosecutorial parties, enough evidence probably to imprison him for the rest of his life by inciting insurrection with his MAGA mob who invaded Capitol Hill last Wednesday in an attempt to overthrow Congress to keep him in power.
The question now is: will Trump be vigorously prosecuted on multiple fronts for his seditious actions against the U.S. Government–after this second impeachment in the U.S. Congress?
Last week, after news filtered out that an unconcerned Trump was gleefully watching television in the White House, while his white supremacist rioters were perpetrating a multitude of crimes inside Capitol Hill, something very contradictory happened. Trump belatedly recorded an announcement where he pretended to denounce the criminal mob he provoked.
Reportedly, there was a segment of Trump’s seditionists who were stunned by his fake denunciations of them. Some were apparently confused and upset after hearing Trump put the blame on them for doing what he goaded them into doing. Why did he do this?
The answer gives us but one reason why Trump should be vigorously prosecuted and hopefully sent to prison for life.
Trump reportedly only decided to tape that supposed condemnation because his lawyers stressed to him that his lawless incitement places him in direct jeopardy of being prosecuted for the insurrectionist actions of his MAGA mob and the orgy of criminality which led to the deaths of six people–including two police officers. The lawyers apparently shocked Trump by telling him he could be prosecuted for his incendiary speech before last Wednesday’s government takeover actions.
Of course, after that tape was released, Trump quickly reverted to his usual form by sending tweets which led Twitter to permanently suspend his account. After Twitter’s action, some sympathizers spoke about alleged violations of Trump’s First Amendment rights.
These folks seem to have conveniently forgotten Trump’s violations of the First Amendment rights of those peaceful protesters who he ordered teargassed, so he could engage in his infamous Bible photo-op stunt. Moreover, the First Amendment does not protect all speech—especially, seditious speeches that create an “imminent threat” as we witnessed last Wednesday.
Even as a layperson, it’s easy to see how Trump could now be possibly sent to prison for the rest of his life.
Some legal scholars have said a president can’t be criminally prosecuted while he is sitting in the White House. But why can’t a president be criminally prosecuted after he is out of office for a crime he committed while in office—like trying to overthrow the American government?
Over the last several days, it became clear Trump would earn the dubious distinction of being the first president to be impeached twice. In another example of the hypocrisy of Republicans, we hear them giving all kinds of unconvincing excuses regarding why Trump shouldn’t be impeached.
Some Republicans, who questioned the November Election results, now say why bother with impeachment since Trump will be out of office in a few days. Others say they are afraid of more violence and are calling for “unity.” This from Republicans who for years claimed they are the “rule of law” and “law and order” party.
Democrats are right to impeach Trump, though a Senate conviction may still be unlikely because of the aiding-and-abetting of Republicans. There are many reasons why Democrats should continue with the second impeachment of Trump.
Recently, Rep. James Clyburn said House Democrats should impeach Trump, but that Democrats should use delay tactics to stall the Senate trial until Joe Biden has had about 100 days under his belt as president. This is good strategically since it would allow Biden, and Democrats, to move aggressively on addressing the COVID-19 pandemic.
And importantly, from a legal standpoint, it can help in coordinating a series of possible legal events that could ensure that this dangerous menace to America is neutralized once and for all.
By moving methodically, in this second impeachment, it allows several things to be possible. First, by waiting after the first 100 days, the U.S. Senate will be fully controlled by Democrats. This means Mitch McConnell, who will be the Minority Leader, cannot limit evidence like he and the Republicans did in the first impeachment trial.
Others say what’s the point of a second impeachment trial since Democrats will be unable to get the two-thirds Senate majority necessary to convict? For one thing, if Trump isn’t impeached it makes this kind of behavior by future presidents more likely.
But there are other important reasons why Trump should be impeached again.
By having a second impeachment on Trump’s treasonous insurrectionist incitement it lays the groundwork for possible post-impeachment prosecutions by the next Department of Justice and or by D.C. Attorney General Karl Racine. Mr. Racine has already said “I think it’s really important to hold people accountable for the incursion on the Capitol of the United States and the pillar and symbol of our democracy.”
Who is more responsible for Wednesday’s Capitol Hill coup attempt that Trump?
The FBI and DOJ have said they will vigorously prosecute these riotous Trump’s traitors. How can they do that while allowing Trump, the architect of the coup attempt, to walk away?
The possible post-impeachment criminal prosecution of Donald Trump for inciting insurrection on Capitol Hill would benefit from a second impeachment in numerous ways. Prosecutors at DOJ, and in the D.C. Attorney General’s office, could fortify their cases based on the outcomes of the second impeachment trial. And if Trump is prosecuted in D.C. (assuming a jury trial) the likelihood of conviction is high.
After he is prosecuted for his insurrectionist incitement, by the DOJ and D.C. Attorney General, Trump should then have to face prosecution for his Georgia election meddling. Trump clearly engaged in attempted election fraud in his strong-arming of Georgia Secretary of State Brad Raffensperger to “find” votes to declare him the winner of Georgia’s presidential election.
Trump’s conduct during his call with Raffensperger mirrors his extortion actions on the Ukraine call where he tried to get officials of a foreign country to fabricate information that would enable him to beat Joe Biden.
After he is prosecuted for election meddling and interference in Georgia, Trump should then be prosecuted by New York authorities including Attorney General Letitia James and Manhattan District Attorney Cy Vance. Of course, as he is being prosecuted in New York, all of his assets should be frozen. Trump’s prosecution in New York would also allow for a deep dive investigation regarding all of his financial crimes—including likely decades of IRS fraud.
If the responsible authorities prosecute Trump in a succession of cases, they should be able to incarcerate—and silence this threat to American Democracy for the rest of his natural life.
Donald Trump’s incitement of his MAGA mob to attack Congress is the most shocking treasonous crime we have ever witnessed a president engage in. If Trump is allowed to walk away, he will be a continuing danger to America given the fanatical hold he has over his violent MAGA mob of white supremacist terrorists.
Prosecuting and putting Donald J. Trump away in prison for life will do much to hobble the current white supremacist threat by stifling Trumpism.