Lindsey Graham has asked Joe Biden to abandon a second impeachment trial. He insisted that Donald Trump be given the recognition of a "helpful" statement and asked Biden that the impeachment process "will destroy the country even further."
The South Carolina Senator appeared on Sean Hannity's Fox News Show Friday night, hours after the impeachment articles were revealed.
The House Democrats plan to indict Trump with a single impeachment article, indicting him of "inciting insurrection".
After the uprising in the Capitol on Wednesday, the move is on a rapid path – the article is to be presented on Monday.
A draft of the article, produced by Reps David Cicilline, Ted Lieu and Jamie Raskin, states, "At Trump's instigation, a mob illegally violated the Capitol," violated law enforcement, threatened lawmakers and the Vice President and the Count disturbed the electoral college.
But Graham, looking shaken, urged Biden to call his colleagues and tell them not to proceed.
Lindsey Graham appeared on Sean Hannity's Fox News Show Friday night after spending a day with Donald Trump
Graham asked Joe Biden to call Nancy Pelosi and ask her to end plans to indict the president a second time
"I urge President-elect Biden to pick up the phone to call Nancy Pelosi and the team and end the second impeachment" – Lindsey Graham, who says he was with Trump today, just invited Hannity for an interview with a hostage Video quality pic.twitter.com/yx9IrXCVqZ
– Aaron Rupar (@atrupar) January 9, 2021
"I wanted President Trump to win that badly," admitted Graham.
Tonight, I am calling on President-elect Biden to pick up the phone and call Nancy Pelosi and the force to end the second impeachment.
President Trump made a statement last night that was helpful. It hit the bull's eye. He wants to move on to a peaceful transfer of power. He wants this to end. & # 39;
Graham, a regular golf partner of the president, said he spent the day with the increasingly isolated Trump, who as of Wednesday has two cabinet members and a number of officials resigning in disgust over his incitement to the rioters.
His Twitter page was permanently deleted on Friday night, which will likely add to his anger.
“I was with him most of the day. He will focus on his agenda and his successes for the American people for the next few days, "said Graham, trying to stick out an olive branch on Trump's behalf.
Joe Biden said it was a matter of Congress regarding impeachment.
“No, President-elect Biden, it's up to you.
Pick up the phone and call Nancy Pelosi, Chuck Schumer, and the gang and tell them to stand back; This will destroy the country even more.
“You have the power to do that. The question is, do you have the courage to do so. & # 39;
Nancy Pelosi, spokeswoman for the House of Representatives, is pushing plans to file impeachment proceedings on Monday if Trump does not step down
Biden doesn't seem inclined to do Trump a favor, but hasn't responded to Graham's request.
The impeachment document cites Trump's false claims that "we won this election" and "we won it by a landslide," and cites his efforts to "undermine and hinder the certification of results."
As the Capitol is still cleaning up broken windows, smashing historic doors, and grieving for a deceased Capitol officer, the article said he "seriously endangered the security of the United States."
Trump "has betrayed his confidence as president", it is said and calls his behavior "grossly incompatible with self-government and the rule of law".
It calls for him not only to be removed but banned from public office – which would prevent a 2024 presidential election and potentially make the idea more appealing to Republicans than simple conviction.
However, the White House said that "politically motivated impeachment of a president with 12 days remaining will only serve to further divide our great country."
The House Democrats worked the plan through for hours in a conference call. House spokeswoman Nancy Pelosi briefed on the plans on Friday afternoon – with several options in the mix.
"Members hope that the president will resign immediately," Pelosi said. "If he doesn't, I have instructed the regulatory committee to stand ready to move forward with legislation on Congressman Jamie Raskin's 25th amendment and impeachment. Accordingly, the House will maintain every option – including the 25th amendment, a motion for impeachment or a privileged resolution to impeach. "
She referred to separate laws from Raskin to set up a commission under the 25th Amendment that would allow such a commission to determine whether a president is fit for office. But it would have to clear the Senate and require the approval of the president to become law.
Your comment on a privileged solution suggests the move could be quick and start a chain of events that are still difficult to predict.
If the House passes and an impeachment process is initiated, Pelosi could quickly get it on to the Senate – though it stalled late last year. The terms of any impeachment trial against the Senate are governed by the applicable Senate rules, so Majority Leader Mitch McConnell will be instrumental in determining how quickly and under what conditions the efforts can continue.
What was unknown on Friday afternoon was the level of Senate support for Republicans.
The most recent impeachment involved public committee hearings and a lengthy preliminary investigation, but Justice Committee chairman Rep. Jerold Nadler said he supported getting articles "straight to the floor".
If he elects her up front, he will be the first president to be tried twice. No president has been convicted.
The articles were published shortly after Pelosi demanded that Trump resign "immediately" or face impeachment charges.
And it came in one day that:
- Trump said he would oppose Joe Biden's inauguration in yet another rejection of tradition and norms;
- Biden replied that it was "one of the few things we ever agreed on," but said that impeachment and deportation are up to Congress, not him.
- Pelosi announced that she had asked General Mark Milley, chairman of the joint chiefs of staff, how he was preventing a "troubled president" from using the nuclear codes or taking military action – but did not say how he reacted;
- The prospect of introducing the 25th Amendment to the Constitution seemed to be fading. It was reported that Pence was "reluctant" to use it, if only because of the legal chaos that would result from whether the cabinet had enough members to invoke it – in part because of Elaine Chao, the transportation secretary, and Betsy DeVos , The Education Secretary resigned in disgust, in part because Trump filled the cabinet with incumbent secretaries whose legal authority to appeal is unclear;
- Republican Senator Ben Sasse said he was ready to indict and remove Trump, making him the first GOP caucus to vote against the president's condemnation last year to change his position – but no others have followed so far;
- After his cabinet was shaken by resignations, one of his closest associates, Hope Hicks, announced that she would resign next week – despite claiming it was her plan – and White House attorney Pat Cipollone was also on the sidelines of the happening.
- Washington DC District Attorney Karl Racine implied that he was investigating Trump, Don Jr. and Rudy Giuliani for instigating the riot at the ferocious White House rally where the President said "strength" that he would continue a march up the Capitol and Giuliani called for "process through struggle";
- The FBI started a murder hunt to find the MAGA rioters who killed officer Brian Sicknick during the Capitol storm and apparently hit him over the head with a fire extinguisher.
- Police across the country began rounding up suspected rioters after posting wanted photos. Among those arrested was the self-proclaimed white supremacist who was pictured with his feet on Pelosi's desk.
In a draft impeachment article, Donald Trump is charged with "inciting insurrection".
Crime scene: Nancy Pelosi inspects the Capitol rotunda with Lesley Stahl from 60 minutes. Massive clean-up work was carried out after the MAGA riots
Room in which it happened: MAGA rioters raged through the rotunda and one of the four deceased was apparently entered there. She had carried the “don't step on me” flag
High profile interview: Nancy Pelosi will appear in 60 minutes on Sunday
Looking for Answers: Nancy Pelosi faces questions like her second time indicting Donald Trump
She issued the request when her separate urge to get Vice President Mike Pence to invoke the 25th Amendment to remove Trump from power seems to be collapsing.
Pelosi challenged this in a letter to colleagues released just minutes before attending a House Democratic conference call to discuss whether to launch a second impeachment of Trump after the Capitol death toll rose including a Capitol Police officer.
"If the president does not leave office immediately and willingly, Congress will continue our action," she said, referring to the impeachment authority without naming it.
She released the call after members of her leadership team said an impeachment process would proceed within days.
"As you know, there is growing momentum in invoking the 25th amendment, which would allow the vice-president and a majority in the cabinet to remove the president for his incitement to insurrection and the danger he still poses," said them to the legislature.
& # 39; Leader (Charles) Schumer and I made a call to Vice President Pence yesterday and we still hope to hear from him as soon as possible and get a positive response on whether he and the cabinet take their oath the Constitution and the Constitution will be upheld by Americans, ”she said.
Schumer said Thursday the joint call resulted in them waiting 25 minutes and Pence not being ready to get on the phone.
Pelosi pointed out the key role senior Republicans played in Richard Nixon's resignation.
Nearly fifty years ago, after years of empowering their rogue president in Congress, Republicans finally told President Nixon it was time to go. Following the dangerous and inflammatory actions by the president, Republicans in Congress must follow suit today and call on Trump to leave office immediately, ”she wrote.
The House Democrats held a conference call on Friday to discuss a plan to initiate impeachment proceedings against President Donald Trump in the last 13 days of his presidency. The heads of state and government said the votes were likely for this.
Pelosi beat up Trump on the call. "The president chose to be an insurgent," a source told The Hill. The impeachment encourages discussion about the 25th amendment. It took in a lot of steam, ”she said.
Both chambers' chairs, Speaker Nancy Pelosi and Senate Chairman Charles Schumer, said they would support the impeachment if Vice President Mike Pence does not work with the Trump cabinet to give him authority following the 25th amendment to give him authority following the Capitol uprising on Wednesday revoke.
Pence doesn't seem interested in this route – he rejects a call from the two guides on Thursday morning. Yesterday, two Trump cabinet members who would vote on a 25th amendment scenario told Transportation Sec. Elaine Chao and Education Minister Betsy DeVos announced their resignation and removed them from the mix of cabinet members who could vote to remove power.
United States House Speaker Nancy Pelosi said if Mike Pence and the Cabinet fail to invoke the 25th Amendment, the House will likely impeach. She says Trump led "revolt" against the US. "Unless the president leaves office immediately and willingly, Congress will continue our action," she said
Deputy Speaker, Katherine Clark (D-Mass.), Said the House will "move forward with impeachment" if Mike Pence does not act on the 25th Amendment
Deputy House Speaker Katherine Clarke (D-Mass.) Said a vote could be held next week.
& # 39; Donald Trump must be removed from office. And we will continue with whatever tool we have to make sure this happens to protect our democracy, ”she said.
"If the reports are correct and Mike Pence does not take his oath of office and remove the president and help protect our democracy, we will push impeachment to do just that," she told CNN.
Top Democrats say they must act to prevent Trump from doing anything dangerous in his final days in office – but the move has political implications at an unstable time.
Trump tweeted Friday morning that he would not attend Joe Biden's inauguration, hours after he finally posted a video calling for a "seamless" transition despite a volatile post-election period.
Even getting the house expedited for impeachment articles should be a manageable task for democratic leaders.
The role of the Senate in which a trial would take place is less certain. Senate majority leader Mitch McConnell broke with Trump over his demand that Congress kick voters in states he had lost, and his wife Chao resigned from cabinet Thursday.
However, during the impeachment trial against Trump in January, only one GOP senator, Mitt Romney of Utah, voted for an impeachment article to remove Trump from office.
Senator Ben Sasse (R-Neb.) Said he would "consider" impeachment articles against Trump.
"The House, when they get together and have a trial, I will definitely consider what items they could move," he told CBS after public comments denounced aspects of Trump's behavior and voted to count certified voters for Biden.
He said an "insurgent mob" tried "to disrupt people's homes" after Trump "told them to go to the Capitol and go wild". He said Trump "openly disregarded his oath of office" – but said it was open what is "best" for the country. He said what Trump was doing was "nasty" – but he still stopped saying that proceeding with impeachment was the right reputation.
Rep. Debbie Dingell (D-Mich.) Said party members believe Trump "must be held accountable".
"I think we will probably prepare to go that route next week," she said of impeachment. However, she told CNN that there was a risk of further split.
“How can you hold someone responsible for the damage they have done to our democracy? That's a real question. And how do you do it without causing another division in this country? & # 39; She asked.
Nebraska Republican Senator Ben Sasse is discussing a possible second impeachment of President Donald Trump
It is unclear how many House Republicans could join after the Capitol Rebellion. Numerous House Republicans voted to turn down voters for Joe Biden from states that confirmed the results and supported Trump's false claims of massive fraud.
The MP for the minority leader of the House of Representatives Kevin McCarthy has classified the idea as divisive after calling Trump yelling as Trump supporters besieged the Capitol. Lawmakers asked Trump to stop.
McCarthy and much of his conference nonetheless voted to support Trump's false claims of widespread fraud by rejecting the electoral college's certified two-state votes.
"Charging the president with only 12 days in office will only divide our country even more," said McCarthy. "I reached out to President-elect Biden today and plan to speak to him about how we should work together to bring the temperature down." and unite the country to solve America's challenges, "McCarthy said in a statement.
Mike Pompeo and Steve Mnuchin discussed using the 25th Amendment to remove Donald Trump from office on Wednesday night, but ultimately decided against it, according to a report.
The Foreign Secretary and Treasury Secretary's deliberations were reported when the top two Democrats in Congress, Senator Charles Schumer and Spokeswoman Nancy Pelosi, reached out directly to Vice President Mike Pence on Thursday to urge him to act immediately to get Trump out of the business Remove office. only to be turned away.
Pompeo and Mnuchin held talks with their aides and staff, CNBC reported Thursday.
Both men concluded that the 25th Amendment was not the right course of action for three main reasons, four sources told the broadcaster.
First, it would take more than a week, which wasn't worth the effort, with only 13 days left of the Trump presidency.
Second, it was unclear whether the three incumbent cabinet members who had not yet been confirmed by the Senate could vote.
Finally, it would likely pour more fuel into the fire and upset Trump's supporters.
"The general plan now is to let the clock run down," said a former senior administrator who was aware of the discussions.
"There will be a reckoning for this president, but it doesn't have to happen in the next 13 days."
The State Department denied that the discussions had taken place; The Treasury Department did not comment.
Mike Pompeo, the secretary of state (pictured December 11), was reportedly considering invoking the 25th Amendment
Treasury Secretary Steve Mnuchin reportedly considered pushing for the 25th amendment on Wednesday evening
Their reflections came when the two leaders called Pence after he oversaw a joint congressional session to count the votes and make Joe Biden the next president, despite strong pressure from President Trump that Pence take action.
Late Thursday, sources told CNN that Trump's mental state worsened and he "raved" and "raged" when he saw the 25th Amendment debated on television – with Pelosi and Schumer's demand played out repeatedly.
But if they were hoping that Pence could join a swift potential effort in his final days in office to wrest power from a volatile Trump, the reception they received might provide an answer.
"Spokesman Pelosi and I tried to call the Vice President this morning to tell him this," Schumer told reporters on Thursday in New York. "They put us on hold for 25 minutes and then said the Vice President wouldn't make a call."
"So we're making this appeal public because he should and should do it right now," Schumer said, explaining why both he and Pelosi Pence and the Trump cabinet are calling on the 25th amendment to appeal to Trump Disqualify and install Pence as acting President.
The call preceded angry comments from Pelosi who accused Trump of "fueling uprising" and "instigating riot".
"Yesterday the President of the United States instigated an armed uprising against America," Pelosi said at a press conference at the Capitol the day after Trump supporters stormed the building after attending a rally where Trump spoke.
She spoke harsh language, beyond the harsh speech of impeachment last December and January, and accused him of crimes against the nation he leads.
"In calling for this seditious act, the president has committed an indescribable attack on our nation and people," said Pelosi.
Unlike 2019 and 2020, she only has a few days to impeach, but this time around, there's a far greater chance that 12 Republican senators will join the Democrats to condemn open disgust for the president or his actions. Democrats to be targeted include Pat Toomey of Pennsylvania and the extremely conservative Tom Cotton, Mike Lee of Utah and Rob Portman of Ohio.
Nancy Pelosi announced that she asked Joint Chiefs Chairman Mark Milley today how he is preventing the President from using the nuclear codes or taking military action – and is NOT giving his answer
Pelosi told her colleagues on Friday that she had called the chairman of the joint chiefs of staff to discuss "precautions" to prevent Trump from starting a war or accessing nuclear launch codes.
She said she asked Army General Mark Milley how to keep a "troubled president" out of the nuclear codes and from launching unilateral military action.
Pelosi released the letter just minutes before House Democrats met on a conference call to discuss whether a second impeachment should be initiated against Trump after stimulating his supporters on their march to the Capitol, which resulted in a riot and multiple deaths . including a Capitol Police Officer.
She headed her comment, "Preventing a President from Using the Atomic Codes" in a "Dear Colleague" letter.
"This morning I spoke with Joint Chiefs of Staff Chairman Mark Milley to discuss the precautions available to prevent an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike," she informed them.
In particular, it did not disclose what Milley's response was or whether security barriers were in place.
"The situation of this awkward president couldn't be more dangerous and we must do everything possible to protect the American people from their unbalanced attack on our country and our democracy," she wrote.
She also revealed that Vice President Mike Pence has not returned her call to discuss the 25th Amendment, which would allow him and a majority in Trump's cabinet to remove power from Trump and make Pence "incumbent president."
A White House military assistant and member of the US Navy carries a briefcase known as a "soccer ball" that contains emergency nuclear weapons codes. Pelosi said she spoke with the chairman of the joint chiefs of staff, U.S. Army General Mark Milley, about their use, but did not provide any information on his response
"As you know, there is growing momentum in invoking the 25th Amendment, which would allow the Vice-President and a majority in the Cabinet to remove the President for his incitement to insurrection and the danger he still poses," wrote she.
& # 39; Leader (Charles) Schumer and I made a call to Vice President Pence yesterday and we still hope to hear from him as soon as possible and get a positive response on whether he and the cabinet take their oath the Constitution and the Constitution will be upheld by Americans, ”she said.
Pelosi referred to the impeachment in a letter to colleagues
She said she talked about preventing an "awkward" president from using the nuclear codes
Nearly fifty years ago, after years of empowering their rogue president in Congress, Republicans finally told President Nixon it was time to go. After the dangerous and inflammatory actions by the president, Republicans in Congress must follow suit today and call on Trump to leave office immediately. If the President does not immediately and voluntarily resign, Congress will continue our action. & # 39;
Under current procedures, a military assistant will travel with the President wherever he goes with the nuclear "soccer ball" with the nuclear codes.
The executive, as commander in chief, retains control of the entire US military – and can order strikes, subject to the War Powers Act's consultation requirements with Congress.
All military personnel have all sworn oaths on the Constitution, and the Code of Military Justice states that military personnel must take "lawful orders from their superior".
WHAT DOES THE 25TH AMENDMENT SAY? CAN TRUMPS CABINET REALLY POT HIM?
The The 25th amendment to the US Constitution deals with the authority of the president in the event of death or impeachment and was ratified in 1967 after the assassination of John F. Kennedy.
What does the 25th amendment say?
It consists of four sections, all of which deal with the President leaving office during his elected term.
The first section says that if the president dies, or resigns or is removed, the vice president will take over the oval office, which was not clearly stated in the original constitution.
Presidents can of course be removed from office, a feature of the constitution from the start. They can also be removed by the 25th amendment – of which below.
Section II states that both the House and Senate must approve a new Vice President if the Vice President dies, or resigns, or is dismissed. Until 1967, the presidents could change vice-presidents themselves in the medium term if they asked the vice-president to resign – not something that actually happened, but was possible in principle.
Section III clarifies that a president can temporarily delegate his or her powers to the vice-president and later reclaim them when he or she is able to serve. This is most commonly invoked when a president is under the influence of a surgical anesthetic for a short period of time.
Section IV is the most controversial part of the amendment: it describes how the President can be removed from office if he is incapacitated and does not leave alone.
The vice president and "a majority of officers in the executive departments or any other body that Congress may provide" must write to both presidents per tempo of the Senate and the President of the House, saying, "The President is unable to perform the powers and duties of his office."
The term chief officers of the executive departments would normally mean the cabinet secretaries.
At least eight of the President's 15 highest cabinet members must therefore agree with the Vice-President that a President should be removed before a plan can be implemented.
Notification of the President of Parliament and the President of the Senate per tempo is the act that immediately elevates the Vice President to the role of "Acting President".
The deposed president can contest the claim and give the leaders of the bloodless coup four days to re-assert their claims against the House and Senate.
Congress then has two days to convene – if it is not already in session – and another 21 days to vote on whether the president is unable to serve. A two-thirds majority in both houses is required for this decision.
As soon as a two-thirds majority vote takes place, the President loses his powers and is removed. The vice president ceases to act and is sworn in as president.
However, if 21 days of debate and voting end without a two-thirds majority, the president regains his powers.
What could happen to trigger the 25th Amendment?
Vice President Mike Pence and eight of the 15 "key" cabinet members would have to agree to tell Congress that President Donald Trump is unable to run the country.
This group consists of the Foreign Secretary, Treasury Secretary, Defense Minister, Attorney General, Home Secretary, Agriculture Minister, Trade Minister, Labor Minister, Secretary for Health and Human Services, Transport Minister, Energy Minister, Education Minister, and Veterans Affairs Secretary and Homeland Security Minister .
Your formal notification would go to the Speaker of the House of Representatives and in the Senate to the "President pro Tempore", the highest member of the Senate. Once the letter is mailed, Pence becomes the "acting president".
Alternatively, Congress could set up its own mechanism to decide whether it is fit for office – possibly a commission or a joint committee. Pence would still have to agree with his conclusion and then formally write pro tempore to the spokesman and president.
Or another possibility is that the pool of "chief officers" is seen as larger than 15 and a majority of that group is calling Trump incompetent.
What if Trump disagrees?
If Trump claims he can hold office, he would write to the House Speaker and President of the Senate within four days and launch an intense three-week debate in both Houses of Congress.
Trump would be removed from office if both two-thirds majorities in both the House and Senate were to agree with Pence and his cabal.
If either chamber failed to hit that mark, Trump would retain his powers and likely embark on a full house cleaning, firing pence and replacing disloyal cabinet members.
Are there any gaps?
The 25th amendment allows Congress to designate its own body to evaluate the president, rather than relying on the cabinet – the men and women who work most closely with Trump – to decide how to proceed.
It states that "another body as Congress requires" could play that role, but Pence would still have to agree to any finding that the president is incapable of performing his duties.
This commission could, hypothetically, include anyone from presidential historians to psychiatrists charged with assessing the president's aptitude for office.
Another loophole is that it does not state that the cabinet has to agree, but that the "chief officials" of the departments are needed. This term is not defined in the constitution. In some departments, the legislation appears to designate not only the secretary but also the MPs and even the under-secretaries of state as "chief officers" so that many more people could be used to assess Trump's fitness.
But Trump's cabinet has a lot of "acting" cabinet officials – and it is unclear if that is why they could participate in removing him.
Could Trump Fire Pence If He Rebels?
Yes, in principle. If Trump smelled a hint of anger – if pence and a cabal of cabinet members, or pence and a jury assembled by Congress seemed ready to judge him incapacitated – he could fire his vice president with the stroke of a pen to stop the process.
However, installing a more loyal vice president could be problematic as the 25th Amendment includes its own poison pill: both Houses of Congress must vote to approve a new vice president.
That means Trump would run against the same Congress that would vote on his eligibility for office, unless the process unfolded in the weeks leading up to a new Congress.
In theory, a democratically controlled Congress could make life dramatically more difficult for the president if he came to power in the middle of the constitutional crisis.
One scenario seems to surprise the President's historians, however: Firing pence before the trial begins, and then vacating the vice presidency would not provide Congress with a practical way forward. That would represent a constitutional crisis of its own.
Is there a precedent for this?
No. Only Section III, the voluntary surrender of powers of the President, was ever used, and very briefly.
In December 1978, President Jimmy Carter considered using Section III when considering surgery to remove hemorrhoids.
Presidents Ronald Reagan and George W. Bush both voluntarily gave up their powers while under anesthesia.
Section IV was also never invoked, although it was alleged that Ronald Reagan's Chief of Staff Donald Regan had advised his successor, Howard Baker, in 1987 that he should be willing to invoke it because Reagan was inattentive and inept.
The PBS documentary & # 39; American Experience & # 39; tells how Baker and his team watched Reagan closely for signs of incompetence when they first met and found that he was in perfect control of himself.
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