Durbin: The Second Impeachment Trial of Donald Trump is Constitutional

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, released the following statement after voting to confirm that former President Donald John Trump is subject to the jurisdiction of a court of impeachment for acts committed while President of the United States, notwithstanding the expiration of his term.  Six Senate Republicans voted with every Senate Democrat to confirm that Donald Trump is subject to a court of impeachment. 

“What we heard today from Donald Trump’s lawyers is that he can no longer be held accountable for his actions to provoke a terrorist mob to violently overthrow a legitimate government process because he is no longer a sitting President.  To my colleagues who believe the First Amendment was designed to protect the efforts of a lame duck President to overthrow our government, you might as well create a recipe for a democracy to die of its own accord.  

“No one, not even the President of the United States, has a First Amendment right to incite an insurrection against our government.  That’s not a right—it’s a high crime.

 “As the House Impeachment Managers noted, we cannot create a ‘January exception’ for the President of the United States.  Our democracy survived this terrorist mob on January 6.  But an attempted coup that is not punished is simply a warm-up for the next time.  Donald Trump is subject to a court of impeachment and will be tried by the Senate.”