Here we go again. Once again, Republicans in the House and Senate are siding with Donald J. Trump. But this time, not only is it Republican Representatives and Senators, it is the Supreme Court of the United States (SCOTUS) and too many others in the American judicial system. Although what Trump has done and continues to do is an existential threat to the American democracy, these Republicans are continuing to enable him. It does not matter whether they are doing it out of loyalty to him, fear of him, or any other nefarious reason. If they are not doing it based on anything other than the rule of law and to uphold the law, they are derelict of duty.
I can remember a key statement that Senator Mitch McConnell made after the senate elected for a second time to not convict Trump after he was impeached by the House. He said that Trump was “practically and morally responsible for provoking the events of [January 6, 2021].” U.S. news provided the text of Senator McConnell’s remarks in its article titled “READ: McConnell Speech After Trump’s Impeachment Trial Acquittal.” Excerpts from those remarks follow:
January 6 was a disgrace.
American citizens attacked their own government. They used terrorism to try to stop a specific piece of democratic business they did not like. Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the vice president.
They did this because they had been fed wild falsehoods by the most powerful man on Earth – because he was angry he’d lost an election.
Former President Trump’s actions preceding the riot were a disgraceful dereliction of duty.
Let me put that to the side for one moment and reiterate something I said weeks ago: There is no question that President Trump is practically and morally responsible for provoking the events of that day…
Sadly, many politicians sometimes make overheated comments or use metaphors that unhinged listeners might take literally.
This was different.
This was an intensifying crescendo of conspiracy theories, orchestrated by an outgoing president determined to either overturn the voters’ decision or else torch our institutions on the way out.
The unconscionable behavior did not end when the violence began…
Even after it was clear to any reasonable observer that Vice President Pence was in danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his vice president…
In recent weeks, our ex-president’s associates have tried to use the 74 million Americans who voted to re-elect him as human shields against criticism.
Anyone who decries his awful behavior is accused of insulting millions of voters…
This body is not invited to act as the nation’s overarching moral tribunal…
We have no power to convict and disqualify a former officeholder who is now a private citizen.
Here is Article II, Section 4:
“The President, Vice President and all civil officers of the United States, shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” …
Article II, Section 4 must have force. It tells us the president, vice president and civil officers may be impeached and convicted. Donald Trump is no longer president…
In one light, it certainly does seem counterintuitive that an officeholder can elude Senate conviction by resignation or expiration of term.
But this just underscores that impeachment was never meant to be the final forum for American justice.
Impeachment, conviction, and removal are a specific intra-governmental safety valve. It is not the criminal justice system, where individual accountability is the paramount goal.
Indeed, Justice Story specifically reminded that while former officials were not eligible for impeachment or conviction, they were – and this is extremely important – “still liable to be tried and punished in the ordinary tribunals of justice.”
Put anther (sic) way, in the language of today: President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run, still liable for everything he did while in office, didn’t get away with anything yet – yet.
We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one…
To read the full content of Senator McConnell’s remarks, you can read the article in U.S. News titled “READ: McConnell Speech After Trump’s Impeachment Trial Acquittal” published on February 14, 2021.
Those excerpts are the things that Senator Mitch McConnell said then in his speech as the rationale for not convicting then president Donald J. Trump. He said these things as the leader of his party and as their representative. Now, silence by Republicans about Trump’s actions then and now is deafening! Republicans have become complete cowards, are trembling in Trump’s shadow, and have completely acquiesced to him. Their insatiable desire for power and desire to retain it once acquired, has trumped their oath of office even if it means that, to retain that power, America must become an autocracy.
The precarious situation that America is in right now does not seem to register with many Americans, or at least not with the 74 million who voted for Trump that Senator McConnell mentioned in his remarks. It could be even more than this 74 million. It is pure speculation on my part but it could be that it is because these Americans do not follow political news like the news media journalist, news pundits, and political geeks like me do. So, in their hunger for change, being unaware of Trump’s true nature and what he is truly about, they base their reasons for potentially electing him again on incessant lies and soundbites by him, his campaign, and his Republican sycophants.
Finally, lower courts and the SCOTUS are playing a part in what Trump is doing to dismantle America. Both the SCOTUS and some lower court judges, e.g. Judge Aileen Cannon, are slow-walking the trials – seemingly in an effort to assist Trump, that Trump is faced with. This has led some in the news media, Attorneys who are following the Trump situation, and some political pundits to express concern about how the courts are handling these Trump trials and the Trump situation overall.
James Carville, Andrew Weissmann, and Charlie Sykes were among those expressing concern. James Carville said “[the Supreme Court] got away with 2000 Bush v Gore; then Citizens United, Shelby County v Holder, and Dobbs. Justice Alito took a trip to Alaska paid for by billionaires. Justice Clarence Thomas [took gifts associated with] Leonard Leo and Harlan Crow. This took place while Democrats were winning the popular vote in seven out of eight elections. [The Supreme Court Justices] have no ethical standards and they do this because they can get away with it. [The Supreme Court] will continue to do this because the public holds candlelight vigils and does polls showing disapproval ratings of [the Supreme Court]. The cavalry is not coming in; the courts and Jack Smith are not going to save you; you are going to have to do it on your own. [The Republicans] play hard politics and [the Democrats and the public] are doing protest and holding candlelight vigils.”
Both Andrew Weissmann and Charlie Sykes simply said, “Nobody is coming to rescue us, it’s on us now.”
It is on us now and we must do it on our own. Those of the American people who want to see America remain a democracy must do our part, no matter how small, to help educate those who have been mesmerized by the lies and soundbites of Trump and his Republican sycophants. Hopefully, this will jolt them out of the stupor of their life in Trump’s America and enable us to assist them back to life in the true America.
Eulus Dennis – author, M2: Street Cop To Top Cop, Operation Rubik’s Cube, and Living Between The Line