#2: Inciting an insurrection Trump’s attempts t
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Trump’s attempts to cling to power reached a horrifying crescendo on January 6, when he incited a large gathering of supporters in Washington to attack the US Capitol while the electoral votes were being counted.
“This in and of itself puts Trump in the lowest circle of hell among America’s presidents, along with the likes of James Buchanan and Andrew Johnson,” Amar said.
At a rally before the attack, Trump urged supporters to march to the Capitol and “fight like hell,” telling them, “You’ll never take back our country with weakness, you have to show strength.” The protests quickly transformed into a violent mob, which overran police barriers and stormed the building. The occupation was quelled after several hours of violent clashes, which led to five deaths.
“It is not far-fetched to argue that he should have anticipated that his false election claims and incitement to march on the Capitol to ‘stop the steal’ would have devastating consequences,” said Ross Garber, a Tulane Law School professor who previously defended four Republican governors that faced impeachment.
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Figures from both parties labeled the attack an insurrection and blamed Trump for the violence, which killed one police officer and four rioters. No US president, with the possible exception of Andrew Johnson, has ever fomented a violent uprising against lawmakers, though Trump denies responsibility.
The incident led to Trump’s second impeachment by the House, in the most bipartisan impeachment vote in US history, for “incitement of insurrection.” The Senate is expected to begin Trump’s trial on February 9.
“The founders intended that the office of the president be held by people with sufficient virtue,” said Franita Tolson, a constitutional law professor at the University of Southern California. “They recognized the risk of someone who is a tyrant abusing the office, but they didn’t build a system to prevent it. The question is, will we learn from this, and alter our Constitution to prevent this from happening again?”