The United States does not have laws with regard to domestic terrorism. When acts such as what we saw with Timothy McVeigh in Oklahoma City in April of 1995, they are treated as capital crimes, not as an act of terrorism.
They're obviously needed now as more details and images of the attack on the Capitol and our democracy are providing a clearer picture of the extent and intent of these insurrectionists. As Chuck Todd outlined, right-wing violence has been building for years, and in most recent Mr. Trump has encouraged the justification of such acts by not ever condemning the people and groups who have perpetrated them. When a lone gunman commits mass murder in El Paso, TX citing Mr. Trump's words as the inspiration, the president equivocates.
On January 6, 2021, Mr. Trump smashed the top off of the bottle and it turns out that the genie that's not going back in is actually scores of right-wing white supremacist militias planning acts on Washington DC and multiple state capitols. Donald Trump has done everything he's could to subvert the process of a peaceful transfer of power, the foundation of our democracy, and for that he cannot ever be forgiven in the annuls of history for a disgraceful act that overshadows all the rest.
He has accomplished his goal of having Americans arming themselves to kill other Americans.
Between the seditionist incitement of the Capitol attack and the additional looming pardons including one possibly for himself, even the National Review's editor-in-chief Rich Lowry said that the Administration is losing credibility and legitimacy before our eyes.
So where does that leave us on the pending impeachment who will be out of office come this Wednesday?
There's no doubt that an impeachment trial in the Senate will be characterized as politically vindictive by most Republicans and if it is Constitutional given Mr. Trump is no longer president, as Senator Tom Cotton (R-AR) argues. Senator Cory Booker (D-NJ) said that it's Constitutionally dangerous if we don't proceed because it would mean that there has no accountability for the president's actions while in office. If we do not proceed, he continued, we'd be missing the larger historical picture in this instance.
Post-presidency, it's unlikely the Senate will vote to convict Mr. Trump, however, a few variables could change that equation. One of those variables that the panel discussed today was potential pardons in these last few days. They could certainly come like a wave. NBC's Kristen Welker reported that the president is undecided on what to do about pardons, particularly for himself and his family, because of the public relations disaster it would be, not to mention the questionable legality of pardoning yourself. Pulling on that thread a bit, the bad PR could also be legally jeopardizing. A slew of pardons in these last few days, a list of potentially 20 people or more, would sour Republicans on acquittal because of any double digit number and also they know that an acceptance of a pardon is in essence an admission of guilt. For anyone who accepts a pardon, they therefore give up their 5th amendment rights as it pertains to a relevant inquiry, compelling answers. And the kicker to that is if you don't tell the truth, you're not pardoned from the perjury you just committed.
This all equals a messy impeachment trial, littered with explosive and or insane testimony.
Newly elected Representative Nancy Mace (R-SC) said that she didn't vote for impeachment because due process was not followed in the House leading up to the vote. However, she also said that the president should be held fully accountable for his actions. In other words, Representative Mace doesn't disagree with the charges, just the way they're being dealt with, and that is why she is recommending censuring the president.
[Aside: You may agree or disagree with Rep. Mace on how to proceed, but if the United States Congress had more Republicans like her who puts country over party and with whom you can disagree without being disagreeable, the complexion of the country would change.]
The only way that there isn't extreme political backlash with censure is if it contains language that bars the Mr. Trump from ever holding public office again (a big 'if'), but is it enough accountability for potentially criminal acts?
Whether the president will be impeached or censured by Congress is immaterial because there will never be the proper measure of accounting for all the damage that these four years have wrought on our country. The amount is incalculable.
If you're well versed in Mr. Trump's career, you'll know that he's left our country like he's left so many of his businesses - bankrupt, broken, sick and wrecked with people in every direction either pissed off, unpaid, disgusted, lied to, cheated, lawyered up or all of the above.
Panel: Kristen Welker, NBC News; Claire McCaskill, fmr. Senator (D-MO); Rich Lowry, National Review
A few more things...
Senator McCaskill said that she thought the Biden Administration could work on its agenda because President Biden will stay out of Senate impeachment business, essentially working around impeachment drama and the Trump Republicans in both chambers. To this point, Mr. Lowry explained that Democrats will be able to do a work around, but not Republicans. A civil war within the party is coming, he said.
Lastly, Mayor Muriel Bowser (D) voiced concern that other areas of the DC metro area could be attacked given that the Capitol Campus is so heavily guarded. She explained that she has been briefed on potential attacks on Washington and across the country. There are more troops in Washington, 25,000, than there were after 9/11 and who are presently stationed in Iraq, Afghanistan and Syria combined. Think about that...
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