HCR on Impeachment Day 1

Heather Cox Richardson | February 9

HCR
Heather Cox Richardson

Today began the second impeachment trial for former president Donald J. Trump, this time for incitement of insurrection against the American government.

Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.

The impeachment trial today covered whether it is constitutional to try a former official. This angle was designed to get Republican senators off the hook: if not, they could avoid voting on the article of impeachment.

The proceedings went badly for the defense. Lead House impeachment manager Jamie Raskin (D-MD) began the session by pointing out that Trump’s lawyers were arguing for a brand new “January exception to the Constitution of the United States of America.” Constitutional lawyers from across the political spectrum, he pointed out, agree that former officials must be held accountable for their actions after they leave office. Otherwise, officeholders could commit high crimes and misdemeanors and then promptly resign, putting themselves beyond reach of impeachment.

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HCR: Joe Biden’s first week as President

By Heather Cox Richardson

We are now a week into the Biden administration, and President Biden has set some clear and surprisingly dominant markers at the beginning of his presidency.

He has kept firmly to his constitutional responsibilities in what appears to be an attempt to remind Americans of the official roles in our democracy. He has deliberately refused to intrude on the Department of Justice, saying he would leave up to it which cases to pursue. When a reporter asked Press Secretary Jen Psaki whether Biden believes the Senate should convict the former president of incitement of insurrection in his upcoming Senate trial, Psaki answered: “Well, he’s no longer in the Senate, and he believes that it’s up to the Senate and Congress to determine how they will hold the former president accountable and what the mechanics and timeline of that process will be.”

Within his sphere in the executive branch, though, Biden is carving out a distinctive presidency. He is restoring the norms and guardrails of the office.

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