Democrats build impeachment case

Senate trial could begin as soon as this week

Rep. Jamie Raskin, D-Md., left, walks with Rep. Adam Schiff, D-Calif., at the Capitol in Washington, Wednesday, Jan. 13, 2021, as the House of Representatives pursues an article of impeachment against President Donald Trump for his role in inciting an angry mob to storm the Capitol last week. (AP Photo/J. Scott Applewhite)
Rep. Jamie Raskin, D-Md., left, walks with Rep. Adam Schiff, D-Calif., at the Capitol in Washington, Wednesday, Jan. 13, 2021, as the House of Representatives pursues an article of impeachment against President Donald Trump for his role in inciting an angry mob to storm the Capitol last week. (AP Photo/J. Scott Applewhite)

WASHINGTON (AP) — The lead prosecutor for President Donald Trump’s second impeachment began building his case for conviction at trial, asserting on Sunday that Trump’s incitement of the mob that stormed the U.S. Capitol was “the most dangerous crime” ever committed by a president against the United States.

A Senate trial could begin as soon as this week, just as Democrat Joe Biden is sworn in as the 46th president.

Rep. Jamie Raskin, D-Md., did not say when House Speaker Nancy Pelosi, D-Calif., will send the single article of impeachment against Trump — for “incitement of insurrection” — to the Senate, which will trigger the beginning of the trial. However, Raskin said “it should be coming up soon” as Pelosi organizes the formal transfer.

The House voted to impeach Trump on Jan. 13, one week after the violent insurrection that interrupted the official count of electoral votes, ransacked the Capitol and left Congress shaken. Before the mob overpowered police and entered the building, Trump told them to “fight like hell” against the certification of Biden’s election win.

“We’re going to be able to tell the story of this attack on America and all of the events that led up to it,” Raskin said. “This president set out to dismantle and overturn the election results from the 2020 presidential election. He was perfectly clear about that.”

Democrats and the incoming administration are facing the challenge of reckoning with the Capitol attack at the same time Biden takes office and tries to move the country forward. They said Congress can do both — balancing a trial with confirmations of the new president’s Cabinet and consideration of his legislative priorities.

Raskin said Congress cannot establish a precedent where “we just want to let bygones be bygones” just because Trump has left office.

Yet it’s clear Democrats do not want the Senate trial to dominate Biden’s opening days. Pelosi on Friday said Democrats intend to move quickly on Biden’s $1.9 trillion COVID-19 aid and economic recovery package to speed up vaccinations and send Americans relief, calling it “matter of complete urgency.”

Ron Klain, Biden’s incoming White House chief of staff, said he hopes Senate leaders, on a bipartisan basis, “find a way to move forward on all of their responsibilities. This impeachment trial is one of them, but getting people into the government and getting action on coronavirus is another one of those responsibilities.”

It is unclear how many Senate Republicans — if any — would vote to convict Trump. Republican leader Mitch McConnell, of Kentucky, is telling his caucus that their decision on whether to convict the outgoing president will be a “vote of conscience.” His stance, first reported by Business Insider, means the GOP leadership team will not work to hold senators in line one way or the other.

McConnell is open to considering impeachment, but said he is undecided on how he would vote. He continues to hold great sway in his party, even though convening the trial this week could be among his last acts as majority leader as Democrats prepare to take control of the Senate with the seating of two new Democratic senators from Georgia.

Some GOP senators are already standing by Trump, despite their criticism of his behavior. South Carolina Sen. Lindsey Graham said impeachment was a “bad, rushed, emotional move” that puts the presidency at risk and will cause further division.

He said he hopes every Senate Republican rejects impeachment.

“Please do not justify and legitimize what the House did,” Graham said.

A handful of Republican senators have suggested they will consider conviction. Two of them, Alaska Sen. Lisa Murkowski and Pennsylvania Sen. Pat Toomey, have said he should resign. Murkowski said the House responded “appropriately” with impeachment, and she will consider the trial arguments.

No president has ever been convicted in the Senate, and it would take a two-thirds vote against Trump, a high hurdle. However, conviction is not out of the realm of possibility, especially as corporations and wealthy political donors distance themselves from Trump’s brand of politics and the Republicans who stood by his attempts to overturn the election.

Rudy Giuliani, Trump’s personal attorney told ABC he was likely going to join Trump’s impeachment defense team. He suggested he would continue to spread claims of election fraud on the Senate floor.

Trump campaign spokesman Hogan Gidley moved to distance Trump from Giuliani’s comments, tweeting: “President Trump has not yet made a determination as to which lawyer or law firm will represent him for the disgraceful attack on our Constitution and democracy, known as the ‘impeachment hoax.’ We will keep you informed.”

Ten Republicans joined all Democrats in the 232-197 impeachment vote on Wednesday, the most bipartisan modern presidential impeachment.