tv BBC News BBC News February 13, 2021 9:00pm-9:31pm GMT
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ithis moment in history. record of this moment in history. thank you very much. donald trump has been acquitted of a single charge of incitement to insurrection concluding the first—ever impeachment trial. hello and welcome if you are watching in the uk are around the world. the us senate has voted in the last few minutes to acquit donald trump at his second impeachment trial. we can return to nami egg pal who is on capitol hill as watching the proceedings as they are ongoing. we are talking about the fact that this, although it was an acquittal, nevertheless was a bipartisan process, with a number of republicans, perhaps a surprising
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number of republicans, so crossing the aisle to vote with democrats. two convicted donald trump. what was the political calculus? do you think they had an eye to their own personal legacy in making this decision? it personal legacy in making this decision? , , , , decision? it is interesting, because es, the decision? it is interesting, because yes. the result _ decision? it is interesting, because yes, the result was _ decision? it is interesting, because yes, the result was 57-43 - decision? it is interesting, because yes, the result was 57-43 and - decision? it is interesting, because yes, the result was 57-43 and the i yes, the result was 57—43 and the democrats did not get the result they wanted, but this did show bipartisan support for trying to convicted donald trump. a lot of the republicans that voted to acquit him, there wasn't anything... i am him, there wasn't anything... i am sor i'm him, there wasn't anything... i am sorry i'm going _ him, there wasn't anything... i am sorry i'm going to _ him, there wasn't anything... i am sorry i'm going to have _ him, there wasn't anything... i am sorry i'm going to have to - him, there wasn't anything... i am sorry i'm going to have to interrupt you. we are going to hearfrom chuck schumer, the senate leader. encouraging political violence becomes the norm, it will be open season _ becomes the norm, it will be open season. open season on our democracy. and everything will be up for grabs— democracy. and everything will be up for grabs by— democracy. and everything will be up for grabs by whoever has the biggest clubs. _ for grabs by whoever has the biggest clubs. the _ for grabs by whoever has the biggest clubs, the sharpest spears, the most powerful—
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clubs, the sharpest spears, the most powerful guns. by not recognising the heinous crime that donald trump committed _ the heinous crime that donald trump committed against the constitution, republican senators have not only risked. _ republican senators have not only risked. but — republican senators have not only risked, but potentially invited, the same _ risked, but potentially invited, the same danger that wasjust risked, but potentially invited, the same danger that was just visited upon _ same danger that was just visited upon us — same danger that was just visited upon us. so let me say this, despite the results _ upon us. so let me say this, despite the results of the vote on donald trump's — the results of the vote on donald trump's conviction on the court of impeachment, he deserves to be convicted~ — impeachment, he deserves to be convicted. and i believe he will be convicted — convicted. and i believe he will be convicted in the court of public opinion — convicted in the court of public opinion. he deserves to be permanently discredited, and i believe — permanently discredited, and i believe he has been discredited in the eyes _ believe he has been discredited in the eyes of the american people and in the _ the eyes of the american people and in the judgment of history. even though— in the judgment of history. even though republican senators prevented the senate from disqualifying donald trump _ the senate from disqualifying donald trump for _ the senate from disqualifying donald trump for any office of honour, trust _ trump for any office of honour, trust or— trump for any office of honour, trust or profit under these united states. _ trust or profit under these united states, there is no question donald trump _ states, there is no question donald trump has — states, there is no question donald trump has disqualified himself. i
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hope. _ trump has disqualified himself. i hope. i_ trump has disqualified himself. i hope, i pray and i believe that the american — hope, i pray and i believe that the american people will make sure of that _ american people will make sure of that and — american people will make sure of that and if— american people will make sure of that. and if donald trump ever stands — that. and if donald trump ever stands for— that. and if donald trump ever stands for public office again, and after— stands for public office again, and after everything we have seen this week. _ after everything we have seen this week, i_ after everything we have seen this week, i hope, i pray and i believe that he _ week, i hope, i pray and i believe that he will— week, i hope, i pray and i believe that he will meet the unambiguous rejection _ that he will meet the unambiguous rejection by the american people. six hours — rejection by the american people. six hours after the attack on january— six hours after the attack on january six, after the carnage and mayhem — january six, after the carnage and mayhem was shown on every television screen _ mayhem was shown on every television screen in _ mayhem was shown on every television screen in america, president trump told his_ screen in america, president trump told his supporters to, quote, remember this day for ever. i ask the american people to heed his words _ the american people to heed his words. rememberthat the american people to heed his words. remember that day for ever. but not _ words. remember that day for ever. but not for— words. remember that day for ever. but not for the reasons the former president— but not for the reasons the former president intended. rememberthe president intended. remember the panic in_ president intended. rememberthe panic in the voices over the radio dispatch. — panic in the voices over the radio dispatch, the rhythmic pounding of fists and _ dispatch, the rhythmic pounding of fists and flags at the chamber
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doors, — fists and flags at the chamber doors, rememberthe crack fists and flags at the chamber doors, remember the crack of a solitary— doors, remember the crack of a solitary gunshot, remember the hateful — solitary gunshot, remember the hateful and racist confederate flags flyin- hateful and racist confederate flags flying through the holes of our union. — flying through the holes of our union, rememberthe screams flying through the holes of our union, remember the screams of the bloody— union, remember the screams of the bloody officer crushed between the onrushing mob and a doorway to the capitol. _ onrushing mob and a doorway to the capitol. his— onrushing mob and a doorway to the capitol, his body trapped in the breach, — capitol, his body trapped in the breach, rememberthe capitol, his body trapped in the breach, remember the three capitol police _ breach, remember the three capitol police officers who lost their lives — police officers who lost their lives. rememberthat police officers who lost their lives. remember that those rioters actually— lives. remember that those rioters actually succeeded in delaying congress from certifying the election, remember how close our democracy— election, remember how close our democracy came to ruin. my fellow americans. — democracy came to ruin. my fellow americans, rememberthat democracy came to ruin. my fellow americans, remember that day, january— americans, remember that day, january six— americans, remember that day, january six forever. the final terrible _ january six forever. the final terrible legacy of the 45th president of the united states, and undoubtedly our worst. let it live on in _
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undoubtedly our worst. let it live on in infamy, a stain on donald john trump _ on in infamy, a stain on donald john trump that— on in infamy, a stain on donald john trump that can never, never washed away _ trump that can never, never washed away mr— trump that can never, never washed away. mr president, on monday, we will recognise president's day. part of the _ will recognise president's day. part of the commemoration in the senate will he _ of the commemoration in the senate will he the _ of the commemoration in the senate will be the annual reading of washington's farewell address. aside from winning the revolutionary war, i consider— from winning the revolutionary war, i consider it— from winning the revolutionary war, i consider it his greatest contribution to american civil life. it had _ contribution to american civil life. it had nothing to do with the words he spoke. — it had nothing to do with the words he spoke, but the example it set. washington's farewell address established for all time that no one had the _ established for all time that no one had the right to the office of the presidency, that it belonged to the people _ presidency, that it belonged to the people. what an amazing legacy. what an amazing _ people. what an amazing legacy. what an amazing gift to the future generations, the knowledge that this
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country— generations, the knowledge that this country will always be greater than any one _ country will always be greater than any one person, even our most renowned — any one person, even our most renowned. that is why members of both parties take turns reading washington's address once a year in full into— washington's address once a year in full into the — washington's address once a year in full into the record, to pledge common— full into the record, to pledge common attachment to the selflessness at the core of our democratic system. this trial was about— democratic system. this trial was about the — democratic system. this trial was about the final acts of a president who represents the very antithesis of our— who represents the very antithesis of our first— who represents the very antithesis of our first president, and sought to place — of our first president, and sought to place one man before the entire country _ to place one man before the entire country. himself. let the record show, _ country. himself. let the record show. let— country. himself. let the record show, let the record show before god, _ show, let the record show before god, history and the solemn of we swear— god, history and the solemn of we swear to _ god, history and the solemn of we swear to the constitution that there was only— swear to the constitution that there was only one correct verdict in this trial - _ was only one correct verdict in this trial - guilty~ — was only one correct verdict in this trial — guilty. and i pray that while — trial — guilty. and i pray that while justice was not done in this trial, _ while justice was not done in this trial, it _ while justice was not done in this trial, it will— while justice was not done in this trial, it will be carried forward by the american people who are above
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any of— the american people who are above any of us _ the american people who are above any of us in — the american people who are above any of us in this chamber determine the destiny— any of us in this chamber determine the destiny of our great nation. and that was chuck _ the destiny of our great nation. jifuc that was chuck schumer, the senate majority leader wrapping up his comments, saying that even though the senate had failed to bar donald trump, disqualify him from any further office, he hoped that the american public would remember the events ofjanuary six american public would remember the events of january six and make sure you never took office again. we have also had a statement from... actually, let'sjust also had a statement from... actually, let's just listen to what the senate minority leader, mr mcconnell, has to say. the used terrorism _ mcconnell, has to say. the used terrorism to _ mcconnell, has to say. the used terrorism to try _ mcconnell, has to say. the used terrorism to try to _ mcconnell, has to say. the used terrorism to try to stop - mcconnell, has to say. the used terrorism to try to stop us. - mcconnell, has to say. the used terrorism to try to stop us. they j terrorism to try to stop us. they did not like. fellow americans, beaten and bloodied, our own police. they stormed the centre floor. they tried to hunt down the speaker of
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the house. they built a gallows and chanted about murdering. 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 had lost an election. former president trump's actions preceded the riot, they were a disgraceful, disgraceful dereliction of duty. the house accused the former president of, quote, incitement. that is a specific term from criminal law. let me just put that aside for a moment and reiterate something i said weeks ago. there is no question, none,
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that president trump is practically and morally responsible for provoking the events of the day. no question about it. the people who stormed this building believe they were acting on the wishes and instructions of their president. and having that belief, was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories and reckless hyperbole, which the defeated president kept shouting into the largest megaphone on planet earth. the issue is not only the president's language onjanuary six,
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it is notjust his endorsement of remarks in which an associate urged, quote, trial by combat. it was also the entire manufactured atmosphere of looming catastrophe, the increasingly wild myths, myths about a reverse landslide election. that was somehow being stolen, some secret coup, by our new president. i defended the president's right to bring any complaints to our legal system. the legal system spoke, the electoral college spoke. as i said, i said clearly at that time, the election was settled. it was over.
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but that just really election was settled. it was over. but thatjust really opened a new chapter of even wilder, wilder and more unfounded claims. the leader of the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feign surprise when people believe him and do reckless things. sadly, many politicians sometimes make overheated comments or use metaphors. we saw that. that unhinged listeners might take literally. but that was different. that was different from what we saw. this was an intensifying crescendo of conspiracy theories orchestrated by an outgoing president who seemed determined to either overturn the voters decision or else torch our
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institutions on the way out. the unconscionable behaviour did not end when the violence actually began. whatever our ex—president claims he thought might happen that day, whatever reaction he says he meant to produce by that afternoon, we know he was watching the same live television as the rest of us. a mob was assaulting the capitol in his name. these criminals were carrying his banners, hanging his flags, and
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screaming their loyalty to him. it was obvious that only president trump could end this. he was the only one. former aides publicly begged him to do so, loyal allies frantically called the administration, but the president did not act swiftly, he did not do hisjob, he did not take steps did not act swiftly, he did not do his job, he did not take steps so federal law could be safely executed and order restored. no. instead, according to public reports, he watched television happily. happily. as the chaos unfolded. he kept
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pressing his scheme to overturn the election. now, even after it was clear to any reasonable observer that vice president p was in serious danger, even as the mob carrying trump banners was beating cops and breaching perimeters, their president sent a further tweet attacking his own vice president. now, predictably and foreseeably, under the circumstances, members of the mob seemed to interpret this as further inspiration to lawlessness and violence, unsurprisingly. later, even when the president did
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half—heartedly begin calling for peace, he didn't call right away for the riot to end, he did not tell the mob to depart until even later. and even then with police officers reading stomach bleeding and broken glass covering capitol floors, he kept repeating election lies and praising the criminals. in recent weeks, our ex—president�*s associates have tried to use the 7a million americans who voted to re—elect him as a kind of human shield against criticism. using the 7a million who voted for him as a kind of human shield against criticism. anyone who
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decries his awful behaviour is accused of insulting millions of voters. that is an absurd deflection. 7a million americans did not invade the capitol. hundreds of rioters did. 7a million americans did not engineer the campaign of distance from... disinformation and rage that provoked it. one person dead. just one. i made my view of this episode very plain. but our system of government gave the senate a specific task, the constitution gives us a particular role, this
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bodyis gives us a particular role, this body is not invited to act as the nation's overarching moral tribunal. we are not free to work backward from whether the accused party might personally deserve some kind of punishment. there were a nation's first great constitutional scholar, as he explained nearly 200 years ago, the process of impeachment and conviction is a narrow tool, a narrow tool for a narrow purpose. he explained this limited tool exists to, quote, secure the state against gross official misdemeanours. end quote. that is to protect the
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country from government officers. if president trump were still in office, i would have carefully considered whether the house managers proved their specific charge. by the strict criminal standard, the president's speech probably was not incitement. however, in the context of impeachment, the senate might have decided this was acceptable shorthand for the reckless actions that preceded the riot. but in this case, the question is moot because former president trump is constitutionally not eligible for conviction. now, this is a close question, no doubt. donald trump was
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the president when the house voted, though not when the house chose to deliver the papers. scholars argued both sides of this jurisdictional question. the text is legitimately ambiguous. i respect my colleagues who have reached either conclusion. but after intense reflection, i believe the best constitutional reading shows that article to, section four exhausts the set of persons who can legitimately be impeached, tried or convicted. it is the president, it is the vice president, and civil officers. we
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have no power to convict and disqualify a former officeholder who is now a private citizen. here is article two, section four. quote, the president, the 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 misdemeanours. end quote. now, everyone basically agrees that the second half of that sentence exhausts the legitimate grounds for conviction. the debates around the constitution's framing make that abundantly clear. congress cannot convicted for reasons besides those.
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it therefore follows that the list of persons in that same sentence is also exhaustive. there is no reason why one would list. when this would be exhaustive but the other would not. article two, section four must limit both why impeachment and conviction can occur and to whom, and to whom. if this revision does not limit impeachment and conviction powers, then it has no limits at all. the house has sole power of impeachment and the senate's sole power to try all impeachment would create an unlimited circular logic and power in congress to ban any private citizen from federal office. that is an incredible claim. but it
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is the argument the house managers seem to be making. one manager said they would have absolute unqualified jurisdictional power. that was very honest because there is no limiting principle in the constitutional text that would empower the senate to convict former officers that were not also let them convict and disqualify any private citizen. an absurd end result to which no one subscribes. article two, section four must have force. it tells us the president, the vice president and civil officers may be impeached and civil officers may be impeached and convicted. donald trump is no longer the president. likewise, the provision states that office are subject to impeachment and conviction shall be removed from office if convicted. shall be
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removed from office if convicted. as just storey explained, the senate, upon conviction, is bound in all cases to enter a judgment of removal from office. removal is mandatory upon conviction. clearly he explained that mandatory sentence cannot be applied to someone who has left office. the entire process revolves around removal. if removal becomes impossible, conviction becomes impossible, conviction becomes insensible. in one night, it certainly does seem counterintuitive that an office holder can allude
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senate conviction by resignation or expiration of term, an argument we heard made by the managers, but this underscores that impeachment was never meant to be the final forum for americanjustice. never meant to be the final forum foramericanjustice. never never meant to be the final forum for americanjustice. never meant never meant to be the final forum for american justice. never meant to be the finalforum for american justice. never meant to be the final forum for american justice. impeachment, conviction and removal. they are a specific intergovernmental safety valve. it is not the criminaljustice system where individual accountability is the paramount goal. indeed, justice story specifically reminded that while former officials who were not eligible for impeachment or
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conviction, they were, and this is extremely important, still liable to be tried and punished in the ordinary tribunal is ofjustice. put another way, ordinary tribunal is ofjustice. put anotherway, in ordinary tribunal is ofjustice. put another 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 he was in office. did not get away with anything yet. yet. we have a criminaljustice anything yet. yet. we have a criminal justice system anything yet. yet. we have a criminaljustice system in this country, we have civil litigation, and former presidents are not immune from being accountable by either one. i believe this and it was not... was right not to grab power the constitution does not give us.
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the senate was right not to entertain some sham process to try to outrun the loss ofjurisdiction. it took both sides more than one weekjust to produce their pre—trial briefs. speaker pelosi's on scheduling decisions considered what president biden publicly confirmed, a senate verdict before inauguration day was never a possibility. this has been a dispiriting time, but the senate have done our duty, we held up senate have done our duty, we held up again. onjanuary six, we return to our post and certify the election. we were under code. we were not intimidated. we finished
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thejob. since then, we resisted the climate to defy our own constitutional guardrails in hot pursuit of a particular outcome. we refused to continue the cycle of recklessness by straining our own constitutional boundaries in response. the senate's decision today does not condone anything that happened on or before that terrible day. it simply shows that the senators did what the former president failed to do. we put our constitutional duty first stop. the
quote
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senator from _ constitutional duty first stop. the senator from marilyn. i take this time _ senator from marilyn. i take this time to— senator from marilyn. i take this time to explain why i voted to convict — time to explain why i voted to convict the former president of the united _ convict the former president of the united states, donald trump, of the articles— united states, donald trump, of the articles of— united states, donald trump, of the articles of impeachment presented by the house _ articles of impeachment presented by the house of representatives in regards — the house of representatives in regards to the incitement of insurrection. throughout his presidency, donald g trump has violatedm — presidency, donald g trump has violated... we presidency, donald g trump has violated- - -_ violated... we were “ust hearing from the senate _ violated... we were just hearing from the senate minority - violated... we were just hearing l from the senate minority leader, mitch mcconnell, giving his reasons forfinding donald trump not guilty, even though he still blamed him for the events of january six. donald trump himself has released a statement. he says, i want to first thank my team of dedicated lawyers
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and others for their tireless work upholding justice and defending truth. my deepest thanks to all of the united states senators and members of congress who proudly stood for the constitution we all revere and for the sacred legal principles at this part of our country. our cherished constitutional republic was founded on the impartial rule of law, the indispensable sacred for our liberties, rights and ourfreedoms. it is a sad commentary on our times that one political party in america is given a free pass to denigrate the rule of law, defame law enforcement, chair maps, excuse rioters and transform justice into a tool of political vengeance and persecute, blacklist, canceland persecute, blacklist, cancel and suppress persecute, blacklist, canceland suppress all people and viewpoints with him or with which they disagree. i always have and always will be, he says, a champion for the unwavering rule of law. the heroes of law the right of americans to peacefully and honourably debate the issues of the day without malice and
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without hate. this has been yet another phase of the greatest witchhunt in the history of our country. says donald trump. no president has ever gone through anything like it, and it continues because our opponents cannot forget the almost 75 million people, the highest number everfor a the almost 75 million people, the highest number ever for a sitting president, who voted for us just a few short months ago. i also want to convey my gratitude to the millions of decent, hard—working, by abiding citizens who have bravely supported these important principles in these very difficult and challenging times. our historic patriotic and beautiful movement to make america great again has onlyjust begun. in the months ahead, i have much to share with you and i look forward to continuing our incredible journey together to achieve american greatness for all of our people. there has never been anything like it. we have so much work ahead of us, and soon we will emerge with a
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