The whole thing reminds me of when a cop shoots someone and everybody wants them charged with murder, but if they do charge them with that, it goes nowhere because it's such a high bar to prove, and you end up with a not guilty verdict.
Democrats Are Pursuing the Wrong Impeachment Charges Against President Trump
"However, if House Democrats want to minimize politicization and maximize the chances of conviction in the Senate, they would have a much better chance if they adopted articles of impeachment stripped of partisan rhetoric and containing multiple, independent charges, each grounded on federal criminal law and indisputable evidence."
"The draft article of impeachment characterizes the president’s impeachable conduct as “Incitement of Insurrection.” After all, Trump had fanned the flames that led to the events on January 6 for months with baseless claims of election fraud. And just hours before the deadly mob attack, at a rally down the street, he encouraged his mass of supporters, who had gathered in D.C. in the thousands, “to fight much harder” and to head toward the Capitol “to show strength.” But the charge as written not only makes bipartisan support difficult; it also creates a hornet’s nest of legal argumentation—about the First Amendment, how to prove “incitement” and the meaning of “insurrection”—that could complicate and impede Senate conviction."
Maybe it's academic since they are going to wait to pursue anything till after Trump is out of office, but I think the charge is guaranteed to fail because it's overreach.
( Read more... )
Democrats Are Pursuing the Wrong Impeachment Charges Against President Trump
"However, if House Democrats want to minimize politicization and maximize the chances of conviction in the Senate, they would have a much better chance if they adopted articles of impeachment stripped of partisan rhetoric and containing multiple, independent charges, each grounded on federal criminal law and indisputable evidence."
"The draft article of impeachment characterizes the president’s impeachable conduct as “Incitement of Insurrection.” After all, Trump had fanned the flames that led to the events on January 6 for months with baseless claims of election fraud. And just hours before the deadly mob attack, at a rally down the street, he encouraged his mass of supporters, who had gathered in D.C. in the thousands, “to fight much harder” and to head toward the Capitol “to show strength.” But the charge as written not only makes bipartisan support difficult; it also creates a hornet’s nest of legal argumentation—about the First Amendment, how to prove “incitement” and the meaning of “insurrection”—that could complicate and impede Senate conviction."
Maybe it's academic since they are going to wait to pursue anything till after Trump is out of office, but I think the charge is guaranteed to fail because it's overreach.
( Read more... )