February 13, 2021 — SENATE S733 He is being impeached and convicted Federal officials. Shortly before the Joint Durbin Markey Schatz for violating his oath of office that he Session commenced, President Trump, ad- Feinstein Menendez Schumer dressed a crowd at the Ellipse in Wash- Gillibrand Merkley Shaheen took. He is not being prevented from Hassan Murkowski Sinema ington, DC. There, he reiterated false claims taking his oath in the first place. Heinrich Murphy Smith that ‘‘we won this election, and we won it by The First Amendment is on our side. Hickenlooper Murray Stabenow a landslide’’. He also willfully made state- Hirono Ossoff Tester He tried to overturn the will of the ments that, in context, encouraged—and Kaine Padilla Toomey people, the voice of the people. He lost foreseeably resulted in—lawless action at the Kelly Peters Van Hollen that election by more than 7 million Capitol, such as: ‘‘if you don’t fight like hell King Reed Warner votes. Some people don’t want to admit you’re not going to have a country any- Klobuchar Romney Warnock Leahy Rosen Warren it. Counsel for the President could not more’’. Thus incited by President Trump, Luja´ n Sanders Whitehouse bring themselves to admit that the members of the crowd he had addressed, in Manchin Sasse Wyden election is over in answer to the ques- an attempt to, among other objectives, interfere with the Joint Session’s solemn NAYS—43 tion from the distinguished gentleman constitutional duty to certify the results of Barrasso Grassley Portman from Vermont. He refused to answer the 2020 Presidential election, unlawfully Blackburn Hagerty Risch that. He said it was irrelevant, despite breached and vandalized the Capitol, injured Blunt Hawley Rounds all of the evidence you have heard and killed law enforcement personnel, men- Boozman Hoeven Rubio Braun Hyde-Smith about the big lie and how that set the aced Members of Congress, the Vice Presi- Scott (FL) Capito Inhofe Scott (SC) stage for his incitement of the insur- dent, and Congressional personnel, and en- Cornyn Johnson gaged in other violent, deadly, destructive, Shelby rectionary violence against us. Cotton Kennedy Sullivan and seditious acts. Cramer Lankford The First Amendment is on our side. Thune Crapo Lee President Trump’s conduct on January 6, Tillis We are defending the Bill of Rights. We Cruz Lummis 2021, followed his prior efforts to subvert and Tuberville are defending the constitutional struc- obstruct the certification of the results of Daines Marshall ture. We are defending the separation Ernst McConnell Wicker the 2020 Presidential election. Those prior ef- Fischer Moran Youn of powers. We are defending the U.S. forts included a phone call on January 2, Graham Paul Senate and the U.S. House against a 2021, during which President Trump urged President who acted no better than a the secretary of state of Georgia, Brad The PRESIDENT pro tempore. On marauder and a member of that mob by Raffensperger, to ‘‘find’’ enough votes to this vote, the yeas are 57, the nays are inciting those people to come here. And overturn the Georgia Presidential election 43. in many ways, he was worse. He named results and threatened Secretary Two-thirds of the Senators present Raffensperger if he failed to do so. the date; he named the time; and he not having voted guilty, the Senate ad- In all this, President Trump gravely en- judges that the respondent Donald brought them here; and now he must dangered the security of the United States pay the price. John Trump, former President of the and its institutions of Government. He United States, is not guilty as charged Thank you, Mr. President. threatened the integrity of the democratic The PRESIDENT pro tempore. The system, interfered with the peaceful transi- in the Article of Impeachment. majority leader is recognized. tion of power, and imperiled a coequal The Presiding Officer directs the Mr. SCHUMER. Mr. President, the branch of Government. He thereby betrayed judgment to be entered in accordance Senate is now ready to vote on the Ar- his trust as President, to the manifest injury with the judgment of the Senate, as ticle of Impeachment. And after that is of the people of the United States. follows: done, we will adjourn the Court of Im- Wherefore, Donald John Trump, by such The Senate, having tried Donald John peachment. conduct, has demonstrated that he will re- Trump, former President of the United main a threat to national security, democ- The PRESIDENT pro tempore. The States, upon one Article of Impeachment ex- racy, and the Constitution if allowed to re- hibited against him by the House of Rep- clerk will read the Article of Impeach- main in office, and has acted in a manner ment. resentatives, and two-thirds of the Senators grossly incompatible with self-governance present not having found him guilty of the The senior assistant legislative clerk and the rule of law. Donald John Trump thus charge contained therein, it is, therefore, or- read as follows: warrants impeachment and trial, removal dered and adjudged that the said Donald Article I: Incitement of Insurrection. from office, and disqualification to hold and John Trump be, and is hereby, acquitted of The Constitution provides that the House enjoy any office of honor, trust, or profit the charge in said Article. of Representatives ‘‘shall have the sole under the United States. Power of Impeachment’’ and that the Presi- The majority leader is recognized. VOTE ON ARTICLE I dent ‘‘shall be removed from Office on Im- COMMUNICATION TO THE SECRETARY OF STATE peachment for, and Conviction of, Treason, The PRESIDENT pro tempore. Each AND TO THE HOUSE OF REPRESENTATIVES Bribery, or other high Crimes and Mis- Senator, when his or her name is Mr. SCHUMER. Mr. President, I send demeanors’’. Further, section 3 of the 14th called, will stand in his or her place an order to the desk. Amendment to the Constitution prohibits and vote guilty or not guilty, as re- The PRESIDENT pro tempore. The any person who has ‘‘engaged in insurrection quired by rule XXIII of the Senate clerk will report the order. or rebellion against’’ the United States from Rules on Impeachment. The senior assistant legislative clerk ‘‘hold[ing] any office . . . under the United Article I, section 3, clause 6 of the States’’. In his conduct while President of read as follows: the United States—and in violation of his Constitution regarding the vote re- Ordered, that the Secretary be directed to constitutional oath faithfully to execute the quired for conviction of impeachment communicate to the Secretary of State, as office of President of the United States and, provides that ‘‘no person shall be con- provided by rule XXIII of the Rules of Proce- to the best of his ability, preserve, protect, victed without the concurrence of two- dure and Practice in the Senate When Sit- and defend the Constitution of the United thirds of the Members present.’’ ting on Impeachment Trials, and also to the States, and in violation of his constitutional The question is on the Article of Im- House of Representatives, the judgment of duty to take care that the laws be faithfully peachment. Senators, how say you? Is the Senate in the case of Donald John Trump, and transmit a certified copy of the executed—Donald John Trump engaged in the respondent, Donald John Trump, high Crimes and Misdemeanors by inciting judgment to each. guilty or not guilty? violence against the Government of the The PRESIDENT pro tempore. With- A rollcall vote is required. United States, in that: out objection, the order will be en- On January 6, 2021, pursuant to the 12th The clerk will call the roll. tered. Amendment to the Constitution of the The senior assistant legislative clerk The majority leader. United States, the Vice President of the called the roll. United States, the House of Representatives, f and the Senate met at the United States The result was announced—guilty 57, Capitol for a Joint Session of Congress to not guilty 43, as follows: ADJOURNMENT SINE DIE OF THE count the votes of the Electoral College. In [Rollcall Vote No. 59] COURT OF IMPEACHMENT the months preceding the Joint Session, YEAS—57 Mr. SCHUMER. Mr. President, I President Trump repeatedly issued false Baldwin Burr Cassidy statements asserting that the Presidential move that the Senate, sitting as a Bennet Cantwell Collins Court of Impeachment on the Article election results were the product of wide- Blumenthal Cardin Coons spread fraud and should not be accepted by Booker Carper Cortez Masto against Donald John Trump, adjourn the American people or certified by State or Brown Casey Duckworth sine die.

VerDate Sep 11 2014 03:08 Feb 24, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD21\FEBRUARY\S13FE1.REC S13FE1 abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE S734 CONGRESSIONAL RECORD — SENATE February 13, 2021 The motion was agreed to, and at 3:51 thy of the Constitution’s most severe Trump will live as a vote of infamy in p.m., the Senate, sitting as a Court of remedy. the history of the U.S. Senate. Impeachment, adjourned sine die. In response to the incontrovertible Five years ago, Republican Senators f fact of Donald Trump’s guilt, the Sen- lamented what might become of their ate was subject to a feeble and some- party if Donald Trump became their LEGISLATIVE SESSION times incomprehensible defense of the Presidential nominee and standard- former President. Unable to dispute bearer. Just look at what has hap- the case on the merits, the former ESCORTING OF THE HOUSE pened. Look at what Republicans have President’s counsel treated us to par- MANAGERS been forced to defend. Look at what tisan vitriol, false equivalence, and Republicans have chosen to forgive. The PRESIDENT pro tempore. The outright falsehoods. The former President tried to overturn Acting Sergeant at Arms will escort We heard the roundly debunked juris- the results of a legitimate election and the House managers out of the Senate dictional argument that the Senate provoked an assault on our own gov- Chamber. cannot try a former official, a position ernment, and well over half the Senate Whereupon, the Acting Sergeant at that would mean that any President Republican conference decided to con- Arms escorted the House managers could simply resign to avoid account- done it—the most despicable act that from the Chamber. ability for an impeachable offense, a any President has ever committed, and position which, in effect, would render f the majority of Republicans cannot the Senate powerless to ever enforce RECOGNITION OF THE MAJORITY summon the courage or the morality to the disqualification clause in the Con- LEADER condemn it. stitution. Essentially, the President’s The PRESIDENT pro tempore. The counsel told the Senate that the Con- This trial wasn’t about choosing majority leader is recognized. stitution was unconstitutional. Thank- country over party, even not that; this f fully, the Senate took a firm stance, was about choosing country over Don- ald Trump, and 43 Republican Members MORNING BUSINESS set a firm precedent with a bipartisan vote in favor of our power to try chose Trump. They chose Trump. It Mr. SCHUMER. Mr. President, I ask former officials for acts they com- should be a weight on their conscience that the Senate be mitted while in office. today, and it shall be a weight on their in a period of morning business, with We heard the preposterous claim that conscience in the future. Senators permitted to speak therein the former President’s incitement to As sad as that fact is, as condem- for up to 10 minutes each. violence was protected by the First nable as the decision was, it is still The PRESIDENT pro tempore. With- Amendment. The First Amendment true that the final vote on Donald out objection, it is so ordered. right to free speech protects Americans Trump’s conviction was the largest and The majority leader. from jail, not Presidents from im- most bipartisan vote of any Presi- f peachment. If the President had said dential impeachment trial in American IMPEACHMENT during World War II, ‘‘Germany should history. attack the United States on Long Is- I salute those Republican patriots Mr. SCHUMER. Mr. President, the land; we have left it undefended,’’ I sus- who did the right thing. It wasn’t easy. case of Donald Trump’s second im- pect Congress would have considered We know that. Let their votes be a peachment trial was open and shut. President Trump told a lie—a big that an impeachable offense. message to the American people be- Finally, defense counsel said that cause, my fellow Americans, if this Na- lie—that the election was stolen and President Trump was not directly re- that he was the rightful winner. He tion is going to long endure, we as a sponsible for the violence at the Cap- people cannot sanction the former laid the groundwork for this big lie in itol: the months before the election. He told President’s conduct, because if lying His words were merely a metaphor; his di- about the results of an election is ac- the big lie on election night, and he re- rections were merely suggestions; and the peated the big lie more than 100 times ceptable, if instigating a mob against violent mob was just a spontaneous dem- the government is considered permis- in the weeks afterward. onstration. sible, if encouraging political violence He summoned his supporters to Yet wind the clock back, and ask becomes the norm, it will be open sea- Washington, assembled them on the El- yourself, if at any point Donald Trump son—open season—on our democracy, lipse, whipped them into a frenzy, and did not do the things he did, would the and everything will be up for grabs by directed them at the Capitol. Then he attack on the Capitol have happened? whoever has the biggest clubs, the watched as the violence unfolded and There is only one answer to this ques- sharpest spears, the most powerful the Capitol was breached and his own tion: Of course not. If President Trump guns. By not recognizing the heinous Vice President fled for his life, and hadn’t told his supporters to march to crime that Donald Trump committed President Trump did nothing. the Capitol, if he hadn’t implored them against the Constitution, Republican None of these facts were up for de- to come to Washington on January 6 in Senators have not only risked but po- bate. We saw it. We heard it. We lived the first place, if he hadn’t repeatedly tentially invited the same danger that it. This was the first Presidential im- lied to them that the election was sto- was just visited upon us. peachment trial in history in which all len and their country was being taken Senators were not only judges and ju- from them, the attack would not have So let me say this: Despite the re- rors but witnesses to the constitu- happened, could not have happened. sults of the vote on Donald Trump’s tional crime that was committed. The January 6 would not have happened but conviction in the Court of Impeach- former President inspired, directed, for the actions of Donald Trump. ment, he deserves to be convicted, and and propelled a mob to violently pre- Here is what the Republican leader of I believe he will be convicted in the vent the peaceful transfer of power, the Senate said: The mob that per- court of public opinion. He deserves to subvert the will of the people, and ille- petrated the ‘‘failed insurrection’’ on be permanently discredited, and I be- gally keep that President in power. January 6 ‘‘was provoked by President lieve he has been discredited in the There is nothing—nothing—more un- Trump.’’ Do you want another word for eyes of the American people and in the American than that. There is nothing— ‘‘provoke’’? How about ‘‘incite’’? Yet judgment of history. nothing—more antithetical to our de- still—still—the vast majority of the Even though Republican Senators mocracy. There is nothing—nothing— Senate Republican caucus, including prevented the Senate from disquali- more insulting to the generations of the Republican leader, voted to acquit fying Donald Trump for any office of American patriots who gave their lives former President Trump, signing their honor, trust, or profit under these to defend our form of government. names in the columns of history along- United States, there is no question This was the most egregious viola- side his name forever. Donald Trump has disqualified himself. tion of the Presidential oath of office January 6 will live as a day of infamy I hope, I pray, and I believe that the and a textbook example, a classic ex- in the history of the United States of American people will make sure of ample of an impeachable offense, wor- America. The failure to convict Donald that. If Donald Trump ever stands for

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