One of Washington’s leading conservative constitutional lawyers publicly broke on Sunday with the main Republican argument against convicting former President Donald J. Trump in his impeachment trial, asserting that an ex-president can indeed be tried for high crimes and misdemeanors.
In an opinion piece posted on The Wall Street Journal’s website, the lawyer, Charles J. Cooper, who is closely allied with top Republicans in Congress, dismissed as illogical the claim that it is unconstitutional to hold an impeachment trial for a former president. The piece came two days before the Senate was set to start the proceeding, in which Mr. Trump is charged with “incitement of insurrection” in connection with the deadly assault on the Capitol by his supporters on Jan. 6.
Since the rampage, Republicans have made little effort to excuse Mr. Trump’s conduct, but have coalesced behind the legal argument about constitutionality as their rationale for why he should not be tried, much less convicted. Their theory is that because the Constitution’s penalty for an impeachment conviction is removal from office, it was never intended to apply to a former president, who is no longer in office.
Many legal scholars disagree, and the Senate has previously held an impeachment trial of a former official — though never a former president. But 45 Republican senators, including Mitch McConnell of Kentucky, the minority leader who is said to believe that Mr. Trump committed impeachable offenses, voted last month to dismiss the trial as unconstitutional on those grounds.
AskJayce on February 8th, 2021 at 00:46 UTC »
One of the more fascinating things Rachel Maddow has pointed out that contradicts the GOP's defense of Trump not being able to be convicted due to his status as former president is how Trump adamantly refuses to be addressed as anything other than "The 45th President of the United States". Not "Former President"; Not "Ex-President"; "45th President". Every document that exits his faux office explicitly addresses him as such.
https://www.youtube.com/watch?v=gJSUun0VERU
So, we've got two conflicting narratives here. Of course, Trump no longer being in office has fuck-all to do with his conviction, but I'd still love to see Trump's narcissism and refusal to accept reality being used against his own defense and tank it.
RaeBee on February 8th, 2021 at 00:39 UTC »
His input actually holds weight with GOP members. Interesting.
Tots4trump on February 8th, 2021 at 00:11 UTC »
I’m glad these people are speaking out, and they should continue to do so. However, I hope they understand, as does everyone else, that it won’t do anything for people in the cult. In the cult, if you oppose Trump you are wrong, part of the deep state, and a RINO.
Cults operate on the presumption that the leader is infallible, and any information contradicting dear leader or fake, or a way for “enemies” to destroy him. The leader is strong and smart, and outside forces are constantly trying to take him down, and are so powerful that they can even corrupt those in the cult. Indeed, there are sleeper agents in the cult working from the inside to destroy. These people must be purged, shunned, and punished.
This is reinforced by the backfire effect and sunk cost fallacy. You have a position and the more someone provides information contradicting it, the more you entrench yourself, because you can’t possibly be wrong. These “facts” must be fake! Because you are smart and could never be conned or suckered. It’s everyone else that must be wrong. They don’t possess the secret knowledge you do. If only they knew what you knew, they’d wake up!
Besides, you’ve spent 4 years unconditionally defending and supporting dear leader. You’ve alienated family and friends because they just wouldn’t listen. You’ve screamed at them during thanksgiving dinner. You’ve called them vile things and they won’t speak with you. You’ve been arrested at the Capitol for “insurrection” at the direction of your leader because you just feel and know it was stolen. You can’t go back now. You’ve said and done too much. You must be right; because to think for a second you weren’t, means everything you’ve said and done for the last 4 years was wrong. To back down now would mean you would need to admit you were wrong. That you were suckered and conned. To admit it now would be too lose so much. It can’t be true.
That’s where we are at. Sun Tzu said you must build your enemy a golden bridge upon which he can escape. I’m not sure what that looks like at macro or micro level anymore. But I think it’s one of the only ways to start turning these people and allow them to leave.
I’m not an expert on cults, so I hope someone that knows more than me can help.