I generally try to confine my Bench Memos posts to judicial topics, but in light of the severe gravity of the Capitol attack I think it important to make an exception here and to restate positions that I have vigorously stated on Twitter. Briefly put:
1. The MAGA attack on the Capitol was an outrage that ought to have every genuinely patriotic American seething with anger.
2. Donald Trump bears grave moral and political responsibility for inciting the attack.
3. Impeachment and conviction of Trump is an appropriate, and probably a necessary, response.
4. As I have repeatedly observed since the election, Trump’s claims of outcome-altering fraud rest on an ever-changing series of ludicrous assertions. It has been sad to see so many people duped by his claims.