Five people have been executed in the run-up to President-elect Joe Biden’s January 20 inauguration -breaking with a 130-year-old precedent of pausing executions amid a presidential transition. Trump’s administration has overseen 13 executions since July.
In the early morning hours of Saturday, the Trump administration carried out its 13th federal execution of Dustin Higgs, 48, at the federal penitentiary in Terre Haute, Indiana.
Supreme Court Justice Sonia Sotomayor criticized the Trump administration for the recent spate of federal executions in an opinion published on Friday, according to Newsweek.
SCOTUS, in a 6-3 ruling allowed the execution of Dustin Higgs to go ahead late on Friday. Sotomayor, along with justices Stephen Breyer and Elena Kagan dissented.
“After seventeen years without a single federal execution, the Government has executed twelve people since July,” she wrote. “They are Daniel Lee, Wesley Purkey, Dustin Honken, Lezmond Mitchell, Keith Nelson, William LeCroy Jr., Christopher Vialva, Orlando Hall, Brandon Bernard, Alfred Bourgeois, Lisa Montgomery, and, just last night, Corey Johnson. Today, Dustin Higgs will become the thirteenth.”
As the BBC points out, the 13 executions have now given Trump the unwanted distinction of becoming the country’s most prolific execution president in more than a century. On top of that legacy, we can add that the five executions leading up to the inauguration of President-elect Joe Biden next week breaks with a 130-year precedent of pausing executions during a presidential transition.
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Sotomayor was especially critical of the Department of Justice and former Attorney General William Barr. Ending the 17-year ban on executions at the federal level has created “legal uncertainty” with the 2019 protocol authorizing the executions, she said, adding, “the DOJ did not tread carefully.”
In July 2019, AG Barr announced the scheduled executions of five death row prisoners, despite prevailing practices and public opinion. At that time, Barr said: “Congress has expressly authorized the death penalty. The justice department upholds the rule of law – and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.”
“Throughout this expedited spree of executions, this Court has consistently rejected inmates’ credible claims for relief,” Sotomayor wrote. “The Court has even intervened to lift stays of execution that lower courts put in place, thereby ensuring those prisoners’ challenges would never receive a meaningful airing.”
The five executions that have taken place preceding the inauguration of Biden are thought to be politically motivated by many critics of the death penalty, particularly because Biden has promised to push for legislation eliminating federal executions entirely and to encourage states to do the same. (Digital journal)
Former President Donald Trump issued a scathing statement on Tuesday in which he excoriated Senate Minority Leader Mitch McConnell.
“Mitch is a dour, sullen, and unsmiling political hack, and if Republican Senators are going to stay with him, they will not win again,” Trump said in the statement.
The Senate on Saturday voted to acquit former President Donald Trump on a charge of incitement of insurrection largely along party lines, bringing an end to the fourth impeachment trial in U.S. history and the second for Trump.
Only seven Republicans voted to convict Trump for allegedly inciting the deadly Jan. 6 riot at the Capitol, when a mob of pro-Trump supporters tried to disrupt the electoral vote count formalizing Joe Biden’s election win before a joint session of Congress. The final vote was 57 to 43, far short of the 67 votes needed to secure a conviction.
Republican Sens. Richard Burr of North Carolina, Susan Collins of Maine, Bill Cassidy of Louisiana, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania all voted guilty.
The vote means the Senate cannot bar Trump from holding future federal offices.
Moments after the vote concluded, the former president issued a statement praising his legal team and thanking the senators and other members of Congress “who stood proudly for the Constitution we all revere and for the sacred legal principles at the heart of our country.”
With control of the Senate split 50-50, the House managers always had an uphill battle when it came to convincing enough Republicans to cross party lines and convict a former president who is still very popular with a large part of the GOP base.
In his closing argument, House manager Joe Neguse, D-Colo., argued, “The stakes could not be higher. Because the cold, hard truth is that what happened on January 6 can happen again. I fear, like many of you do, that the violence we saw on that terrible day may be just the beginning.”
Lead impeachment manager Jamie Raskin, D-Md., urged the senators to think of the future.
“Senators, this trial, in the final analysis, is not about Donald Trump. The country and the world know who Donald Trump is. This trial is about who we are, who we are,” Raskin said.
Trump lawyer Michael van der Veen, meanwhile, insisted his client did nothing wrong and maintained he was the victim of vengeful Democrats and a biased news media. He called the impeachment proceedings a “charade from beginning to end.”
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The managers’ task became more difficult Saturday when Senate Minority Leader Mitch McConnell announced in an email to his colleagues that he would vote to acquit since Trump was already out of office.
“While a close call, I am persuaded that impeachments are a tool primarily of removal and we therefore lack jurisdiction,” the influential Kentucky Republican wrote in the email, which was obtained by NBC News.
McConnell, who’d rebuffed Democratic efforts to start the trial while Trump was still in office, had condemned Trump’s conduct after the riot and said he’d keep an open mind about voting to convict — something he’d ruled out entirely during Trump’s first impeachment trial last year.
McConnell suggested in the email that Trump could still face other penalties.
“The Constitution makes perfectly clear that Presidential criminal misconduct while in office can be prosecuted after the President has left office, which in my view alleviates the otherwise troubling ‘January exception’ argument raised by the House,” he wrote.
Opening arguments began on Wednesday, with House managers blaming the riot on Trump’s months-long campaign to cast doubt on the 2020 election, and his repeated assertions that the only way he would lose was if the election was “stolen.” They focused on his fiery speech on the morning of the Jan. 6 riot, where he urged his supporters to “fight like hell” — and his refusal to take action after they did.
Trump declined a request from managers to testify at the trial, and refused to even submit a statement for it, facts Raskin urged senators to keep in mind on Saturday.
“I ask any of you, if you were charged with inciting violent insurrection against our country, and you’re falsely accused, would you come and testify? I know I would,” Raskin said.
The trial was the fourth of an impeached president. No president has ever been convicted.
Washington (CNN)In an expletive-laced phone call with House Republican leader Kevin McCarthy while the Capitol was under attack, then-President Donald Trump said the rioters cared more about the election results than McCarthy did.”Well, Kevin, I guess these people are more upset about the election than you are,” Trump said, according to lawmakers who were briefed on the call afterward by McCarthy.McCarthy insisted that the rioters were Trump’s supporters and begged Trump to call them off.Trump’s comment set off what Republican lawmakers familiar with the call described as a shouting match between the two men. A furious McCarthy told the President the rioters were breaking into his office through the windows, and asked Trump, “Who the f–k do you think you are talking to?” according to a Republican lawmaker familiar with the call.
The newly revealed details of the call, described to CNN by multiple Republicans briefed on it, provide critical insight into the President’s state of mind as rioters were overrunning the Capitol. The existence of the call and some of its details have been previously reported and discussed publicly by McCarthy.The Republican members of Congress said the exchange showed Trump had no intention of calling off the rioters even as lawmakers were pleading with him to intervene. Several said it amounted to a dereliction of his presidential duty.
“He is not a blameless observer, he was rooting for them,” a Republican member of Congress said. “On January 13, Kevin McCarthy said on the floor of the House that the President bears responsibility and he does.”Speaking to the President from inside the besieged Capitol, McCarthy pressed Trump to call off his supporters and engaged in a heated disagreement about who comprised the crowd. Trump’s comment about the would-be insurrectionists caring more about the election results than McCarthy did was first mentioned by Rep. Jaime Herrera Beutler, a Republican from Washington state, in a town hall earlier this week, and was confirmed to CNN by Herrera Beutler and other Republicans briefed on the conversation.”You have to look at what he did during the insurrection to confirm where his mind was at,” Herrera Beutler, one of 10 House Republicans who voted last month to impeach Trump, told CNN. “That line right there demonstrates to me that either he didn’t care, which is impeachable, because you cannot allow an attack on your soil, or he wanted it to happen and was OK with it, which makes me so angry.””We should never stand for that, for any reason, under any party flag,” she added, voicing her extreme frustration: “I’m trying really hard not to say the F-word.””I think it speaks to the former President’s mindset,” said Rep. Anthony Gonzalez, an Ohio Republican who also voted to impeach Trump last month. “He was not sorry to see his unyieldingly loyal vice president or the Congress under attack by the mob he inspired. In fact, it seems he was happy about it or at the least enjoyed the scenes that were horrifying to most Americans across the country.”As senators prepare to determine Trump’s fate, multiple Republicans thought the details of the call were important to the proceedings because they believe it paints a damning portrait of Trump’s lack of action during the attack. At least one of the sources who spoke to CNN took detailed notes of McCarthy’s recounting of the call.Trump and McCarthy did not respond to requests for comment.It took Trump several hours after the attack began to eventually encourage his supporters to “go home in peace” — a tweet that came at the urging of his top aides.At Trump’s impeachment trial Friday, his lawyers argued that Trump did in fact try to calm the rioters with a series of tweets while the attack unfolded. But his lawyers cherry-picked his tweets, focusing on his request for supporters to “remain peaceful” without mentioning that he also attacked then-Vice President Mike Pence and waited hours to explicitly urge rioters to leave the Capitol.A source close to Pence said Trump’s legal team was not telling the truth when attorney Michael van der Veen said at the trial that “at no point” did the then-President know his vice president was in danger.Asked whether van der Veen was lying, the source said, “Yes.” Former Pence aides are still fuming over Trump’s actions on January 6, insisting he never checked on the vice president as Pence was being rushed from danger by his US Secret Service detail.It’s unclear to what extent these new details were known by the House Democratic impeachment managers or whether the team considered calling McCarthy as a witness. The managers have preserved the option to call witnesses in the ongoing impeachment trial, although that option remains unlikely as the trial winds down.The House Republican leader had been forthcoming with his conference about details of his conversations with Trump on and after January 6.Trump himself has not taken any responsibility in public.