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Selasa, 09 Februari 2021

US Senate votes Donald Trump's second impeachment trial is constitutional and should continue - ABC News

The US Senate has voted that the second impeachment trial against former US president Donald Trump is constitutionally valid and will continue.

The vote followed four hours of arguments from Mr Trump's lawyers and Democratic impeachment managers.

It passed with 56 votes to 44, meaning six Republicans voted in favour of the motion.

The defeated former president stands charged by the House with inciting the deadly mob attack on the Capitol on January 6 to overturn the election in what prosecutors argue is the "most grievous constitutional crime".

Mr Trump was impeached one week before he left office and one week after he told his supporters to "fight like hell" before they laid siege on the Capitol.

The rioting resulted in five deaths.

What did the prosecutors argue?

Impeachment managers — who act as the prosecutors — argued Mr Trump incited insurrection, and that a former president must be held to account for all conduct in office, regardless of whether that conduct occurred in his final week.

Democrats cited legal scholars and precedent from a secretary of war’s 1876 impeachment to detail both the historical precedent and the violence of the rioting to argue that the trial was constitutional.

David Cicilline, a Rhode Island Democrat, told senators that the argument the Senate doesn't have jurisdiction to try Mr Trump rests on a "purely fictional" legal premise.

Mr Cicilline said: "The Senate can and should force [former] president Trump to stand trial."

Raskin teared up as he recounted the riot

Jamie Raskin, the lead House impeachment manager, grew emotional as he spoke about his personal experience in the Capitol on January 6.

A group of men in masks stand behind a sign that reads "This corridor closed"
Democratic House impeachment manager Jamie Raskin (centre) is leading the prosecution of Donald Trump.(AP/J. Scott Applewhite)

He had been joined there by family members that day, which was the day after he buried his son, who took his own life in December.

His daughter and son-in-law were in an office in the Capitol.

They hid under a desk, where they sent what they thought were their final texts.

Mr Raskin said: "They thought they were going to die."

Separated from them in the House chamber, Mr Raskin described people around him calling to say goodbye to their families, and members removing their congressional pins to try to evade detection.

He said he heard the rioters "pounding on the door like a battering ram", a sound he said he would "never forget".

He choked up as he recounted his daughter telling him she never wanted to return to the Capitol again.

Through tears, Mr Raskin said: "This cannot be the future of America."

What did Trump's lawyers argue?

Mr Trump's defence lawyers said the impeachment must be ruled unconstitutional, because it is not a power to be used against a former president who is now a private citizen.

Lawyers David Schoen said Democrats were fuelled by a "hatred" of Mr Trump and have a fear that they would lose power.

He said if the trial moved forward, it would make "everyone" look bad, and other countries that wished the US harm would watch with "glee".

Mr Trump's other lawyer, Bruce Castor, acknowledged in his opening remarks that his client lost the election to President Joe Biden.

Mr Trump has repeatedly disputed the results of the election, falsely claiming he won in a "landslide".

There was no widespread fraud in the election, as has been confirmed by election officials across the country, and dozens of legal challenges by Mr Trump and his allies have been dismissed.

More to come.

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https://news.google.com/__i/rss/rd/articles/CBMiaGh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIxLTAyLTEwL3RydW1wLWltcGVhY2htZW50LXNlbmF0ZS12b3RlLWNvbnN0aXR1dGlvbi12YWxpZC1wcm9jZWVkLzEzMTM5MjE40gEnaHR0cHM6Ly9hbXAuYWJjLm5ldC5hdS9hcnRpY2xlLzEzMTM5MjE4?oc=5

2021-02-09 22:28:00Z
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