Congress of the United States

 

Date of this Version

2-2-2021

Document Type

Article

Comments

U.S. government work

Abstract

INTRODUCTION ....................... 1

STATEMENT OF FACTS ........................... 5

A. President Trump Refuses to Accept the Results of the 2020 Election ........ 5

B. President Trump Encourages His Followers to Come to Washington on January 6, 2021 and “Fight” to Overturn the Election Results ............. 12

C. Vice President Pence Refuses to Overturn the Election Results ........... 18

D. President Trump Incites Insurrectionists to Attack the Capitol ........ 20

E. Insurrectionists Incited by President Trump Attack the Capitol ........... 22

F. President Trump’s Dereliction of Duty During the Attack ............ 29

G. The House Approves An Article of Impeachment with Bipartisan Support ....... 34

ARGUMENT .............................. 36

I. PRESIDENT TRUMP COMMITTED HIGH CRIMES AND MISDEMEANORS .......... 36

A. President Trump Violated His Oath of Office ................. 37

B. President Trump Attacked the Democratic Process ............ 38

C. President Trump Imperiled Congress .................... 39

D. President Trump Undermined National Security ............. 40

II. THERE IS NO DEFENSE FOR PRESIDENT TRUMP’S CONDUCT ............ 42

A. Fair Impeachment Process ....................... 42

B. Criminality .......................... 43

C. Election Results .......................... 44

D. Free Speech ............................ 45

III. THE SENATE HAS JURISDICTION TO TRY THIS IMPEACHMENT .............. 48

A. Former Officials in England and the Early American States Were Subject to Impeachment and Disqualification for Abuses Committed in Office ...... 50

B. The Framers Adhered to the Tradition That Former Officials Were Subject to Impeachment, Conviction, and Disqualification for Misconduct in Office ..... 53

1. The Constitutional Convention ................. 55

2. Constitutional Text and Structure ................. 59

C. Congressional Precedent Supports Jurisdiction over President Trump ........ 71

CONCLUSION .............................. 75

Share

COinS