What May Happen in the Next Six Weeks

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  TRUMP MUST PARDON HIMSELF

o Trump has serious criminal exposure for sedition and related crimes for inciting rioting.

o The victim witnesses are the 535 members of congress.

o The evidence includes the television videos of Trump calling the mob together, forecasting trouble, and praising the mob, before, during, and after the deadly assault on our nation’s capital.

o His motive is to replace Joseph Biden as the next President of the United States.

o That verbal praise and support by the president is incitement, not protected by the First Amendment.

o In any other trial, insanity would be a defense. Trump, the client, will not allow the defense of insanity.

o Visualize the sedition trial with 12 citizens sitting in the jury box watching the president praising the invaders in the Capital Building.

o Conclusion: Trump must pardon himself for all crimes related to the riot.

o The pardon power is absolute. There is some question whether Trump can pardon himself.

o The argument that Trump can pardon himself is simple. The only limitation on the pardon power in the Constitution is a pardon does not bar impeachment.  


 STATE CRIMES

o Many news outlets are covering state crimes.

o From reading that coverage, it appears Trump has real criminal exposure in several states. The chances of a state indictment seem over 50%.


IMPEACHMENT

o At this moment, it appears the democrats will proceed with impeachment.

o The draft Articles of Impeachment will define the chances of success.

o The fight in the house will be a vicious, no holds barred, oratorical bloodbath.

o To save our country, Trump must be impeached.

o The makeup of the senate at this moment has a Republican majority.

o There are two new Georgian Senators. When will they be seated? No one is sure.

o Given the protracted impeachment procedures, those two new senators should be in the senate at the time of the impeachment trial.

o A few Republican Senators may vote to convict.


WHO IS CATALINE?

o An admission: I did very poorly in High School Latin class.

o At the height of his oratorical powers, Cicero delivered four speeches against roman Senator Catiline.

o He charged the Roman senator with a conspiracy to undermine the government.

o Cicero’s orations drove Catiline from politics.


FINALLY

o How can we cheer ourselves, remember who we are as a people, and how many very good citizens there are that voted differently than we did?

o Read Walt Whitman’s poetry celebrating all Americans:

“There was never any more inception then there is now,

Nor any more youth or age then there is now,

And will never be any more perfection then there is now,

Nor any more heaven or hell then there is now.”


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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