John Dean: Insurrectionist senators are co-conspirators and should not sit in judgment of Trump

[kpete]

Americans cannot get a fair Senate Impeachment trial of Trump’s insurrection with insurrectionists on the jury. Senators Hawley, Cruz, Graham, Johnson and others who pushed the big lie are co-conspirators and should not sit in judgment of Trump, rather they MUST BE DISQUALIFIED!

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[kentuck]

1. That is a very good and fair point.

They should be disqualified from the jury. Would that happen with a simple majority vote?

[Bluethroughu]

2. +1,000,000

[eShirl]

3. How can it be done?

[Botany]

4. Well it is not like this was something important like a blow job.

n/t

[bucolic_frolic]

5. I doubt Roberts would sign off on it, so the 51-50 Senate must generate a solution

Off the top of my head, not one to be familiar with Senate rules, impeachment of the insurrectionists by the House, or indictment in the conventional justice system might do the trick.

[PatrickforO]

6. Good observation. I will write to my own Senators asking they bring this up.

[wnylib]

7. Good point, but how can you

exclude elected officials who have not been charged or convicted of criminal conspiracy?

If it can be proven, before the Trump trial, that those Senators conspired in the Capitol attack or conspired with Trump to incite it, then it seems like they could be excluded, but through what process? If excluded, would their states have the right to replace them before the trial so the people of those states would have representation at the trial? The replacements might be just as bad in ideology, even if they had no part in the conspiracy.

Looks awfully complicated to carry out before the trial, if it even can be done legally.

[Wounded Bear]

8. True, but Repubs know no shame...

[BobTheSubgenius]

9. Once again, John Dean has come up with some very incisive legal points that no one seems to posit.

Perhaps they could recuse themselves as part of a pre-charge plea bargain?