Five Reasons Those in Authority Must Take Action to Get Our Country Passed the Rioting in the Nation's Capitol

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 PROSECUTIONS

1. The riot that happened yesterday requires immediate prosecutions by the United States Attorney for the District of Colombia.

2. Robert R. Sherwin is the acting United States Attorney in Washington where the riot happened.

3. Sherwin is an experienced career prosecutor.


CENSURE THE SEVEN SENATORS

1. Seven senators breached Article II section I of the Constitution by delaying the count of state certified electoral votes by the vice president. 

2. The Constitution gave that certification responsibility to the states.

3. The vice president only has the job of counting the states certified votes.

4. Senators invoked a false belief of invalid voting that would, if successful, install Trump instead of Biden.

5. If successful, that would disenfranchise 81 million voters.

6. They did all that knowing that the president had called a mob to the Capitol.

7. They gave “aid and comfort” to that mob.

8. The Senate has censured members before.


IMPEACHMENT NOW

1. The President shall be removed from office on impeachment for and conviction of:

    ✓   Treason

    ✓   Bribery

    ✓   Or other high crimes and misdemeanors

2. Only one example of Trump’s crimes is Section 18 United States Code 2101, a felony, titled Riots. 

3. Trump called together his supporters on the day Congress was to count the state certified electoral votes.

4. He continually praised, encouraged, aided, and abetted the rioting mob, before, during, and after they stormed our nation’s Capitol. 

o For example, after he saw video of U.S. Capitol Police being overrun, he again praised the demonstrators.

5. He used his powerful position as president to incite the crowd.

6. That presidential status supplied a false sense of entitlement for the rioters.

7. He used television to organize the gathering in violation of the criminal law above.

8. He has no First Amendment protection because he incited illegal acts.

9. Impeachment will take courage and the ability to understand this moment in American history.


THE 25TH AMENDMENT

Political paralysis may have frozen the designated constitutional actors specified in the 25th Amendment. I have only two points:

    First, many States have a standard to determine whether a person suffering mental illness should be confined. The question the courts must decide: Is the person a danger to themselves and others?

   Second, if the 25th Amendment is not invoked, each designated person in the Constitution will be morally responsible for everything President Trump does during the next 12 days.



Copyright 2021 James J Brosnahan 

Mr. Brosnahan has argued many Constitutional cases including in the US Supreme Court. He teaches a class at a Bay Area Law school. He has practiced law for 60 years. For further comment, call: (510) 549-2531.


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