January 26, 2021
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3:46Now PlayingThe videos that the insurrectionists posted on Parler, and elsewhere, could end up being the evidence that ultimately leads to Trump's conviction during the impeachment trial. Of course, that all hinges on whether Republicans want to be impartial jurors. But these videos certainly tell the story that needs to be told, as Farron Cousins explains.
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*This transcript was auto-generated. Please excuse any typos.
According to a report from a group called just security, the videos that the pro Trump insurrectionists put up on parlor and uploaded to other conservative sites, uh, those may actually end up proving to be the best evidence we have to convict Donald Trump during his impeachment trial. And here's why, uh, these morons posted these videos of themselves posted videos of the crowd. And in those videos, you can clearly see as just security put together in a, you know, a big video that these people say we're invited into the capital implying that they believe Donald Trump invited them in. And, um, the other claim actually here, it is word for word from Paul Butler, just security. Oh, a former federal prosecutor. Excuse me. The writer's words we were invited here were exactly right. And the refrain fight for Trump was directly responsive to Trump's demand and criminal law. We would say that this video proves the act, but perhaps not the mental state that Trump intended to cause the insurrection or knew what would happen as a result of his words.
And see if this were a criminal case, which some people have advocated actually trying him for this in, in real court. Um, these parlor videos, it would mean absolutely nothing because just because they say that, yes, Trump invited me here or I'm here because Trump said this we're here for Donald Trump to fight for him. Cool, whatever that doesn't prove intent. If you do not have intent in criminal law, you really don't have a case for the prosecution. And it is very difficult to prove from Trump's word. That that was the intent because he did say peaceful. He did so a criminal case on this and you're going to lose impeachment. However, has different standards. You don't have to prove the intent here. That's what makes impeachment convictions and the impeachment trial as a whole. So different because it's unlike the rest of American criminal law.
If you can prove that the act was caused by Donald Trump's words, his intention doesn't matter. It doesn't matter if he intended for them to just go sit around playing guitars and singing kumbaya, or if he intended to have them storm the Capitol, none of that matters. If you can prove that his words led to the event, that's all it would take for a conviction in the Senate. And of course the bigger problem for all of this is that this is all predicated upon everyone in that Senate acting as a real impartial juror, which isn't going to happen. I have zero faith that don't Donald Trump is going to be convicted in the Senate impeachment trial, because it doesn't matter which side of the aisle you sit on there. Nobody is going to act as an impartial fair juror. Nearly all the Democrats want to convict nearly all the Republicans want to acquit. You're not going to have 17 Republicans join the Democrats, or perhaps even 18 or 19 Republicans, because you may have a couple of Democrats, uh, like cinema and mansion who don't vote to convict it. Ain't gonna happen. Videos do tell the story though. And if this were a really fair impeachment trial, there'd be no question about it. He's going down, but we live in a partisan world. And in that partisan world, if he got enough friends on your side, you can do pretty much anything.
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