From U.S. Senator Chris Murphy <[email protected]>
Subject my thoughts on the first day of the impeachment trial
Date February 10, 2021 7:39 PM
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There it was, peeking out from under a small stack of papers on the corner of my office desk -- my notebook from the January 2020 impeachment trial of Donald Trump. Shortly after the trial, much of our work became remote, so I guess in the turmoil of 2020, I never got the chance to find a place to archive my handwritten notes from the trial. So, at around 12:45 yesterday, I tucked the book under my arm and headed over to the Senate chamber, sat down at my desk, opened it to the first blank page, and scribbled at the top: "FEBRUARY 9, 2021: THE SECOND IMPEACHMENT TRIAL OF DONALD J. TRUMP"

My seatmate for this trial is the same, my friend Elizabeth Warren. But due to the expansion of the Democratic caucus, our row at the front of the chamber is a bit more crowded. Next to Elizabeth sits new California Senator Alex Padilla and Georgia Senator Raphael Warnock. I have to say, I like our new row.

That being said, I hate that we are back here for a second trial. I don't relish it at all. Watching the House managers' opening video, packed with frightening scenes from January 6th, was chilling, especially for those of us who were evacuated from the Senate chamber just in the nick of time. It infuriates me that Donald Trump convened the mob and dispensed it to the Capitol, and for that, we must hold him accountable. He engaged in attempted insurrection -- a high crime no doubt. But still, I hate that America is going through this again. I just know we have no choice but to hold this trial.

It's hard to do better than Adam Schiff's performance from the first trial, but it's clear Congressman Jamie Raskin is going to give it a run. He and the other managers who spoke were so hyper-prepared. Their case was compelling and well organized. Trump's lawyers, on the other hand, especially Bruce Castor, were a disorganized mess. Castor's meandering, pointless presentation left us scratching our heads and looking at each other in confusion.

In the end, six Republicans crossed over to vote to uphold the constitutionality of the trial (the threshold question for the trial's first day). I admit, there is a passable case to be made that a former President cannot be impeached -- this is, of course, a matter of first impression. But the bulk of the evidence was on the side of the managers. I believe they are right that it would be truly dangerous to create, as they said, a "January exception" to the impeachment clause. If a president is engaging in seditious behavior to try to block the transition of power, it cannot be that the Founders intended this behavior to be protected from impeachment just because it occurs at the very end of the executive's term.

Today, the managers begin their main argument. It promises to be a long day. I hope that if you are following along, you will share your thoughts with me. I've made no secret of my belief that President Trump committed impeachable offenses in his final days, but I still want to know your opinion. If I have time, I will try to send one or two more of these updates.

Every best wish,

Chris Murphy

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