Just a note, a few hours after Elizabeth and I recorded this episode, the Washington Post

reported that the Justice Department is in fact investigating Donald Trump's actions

as part of its criminal probe of efforts to overturn the 2020 election results.

In an interview that aired that same day, Attorney General Marik Garland told NBC Nightly

News, quote,

we intend to hold everyone, anyone who was criminally responsible for the events surrounding January 6th for any attempt to interfere with the lawful transfer of power from one administration to another accountable.

So we're recording on Tuesday July 26 at 11.14 a.m. and what are we going to talk about today?

All right, Roman, let's go back to February 12th, 2021 and that was the third day of oral argument in Trump's second impeachment trial.

Now, the House had passed one article of impeachment that accused Trump of incitement of insurrection.

The Senate trial, of course, was accusing Trump, who was no longer president at that point, of provoking the January 6th attack on the Capitol.

And Trump's defense team had been permitted to use up to 16 hours, but in the end, they used just three.

And his lawyers focused on three points.

First, that the second impeachment was just a political stunt to make sure that Trump would not run for a second term.

Second, that Trump's big lie, that the election was stolen, that there was massive voter fraud, wasn't criminal incitement.

Instead, everything Trump said, everything was protected for his speech.

And third, that there was no proof that connected Trump to the attack on the Capitol.

Now, of course, the Senate eventually acquitted Trump on February 13th, even with seven Senate Republicans who voted to convict, because you needed two-thirds majority for conviction.

And Trump's second impeachment trial was very, very short, just five days.

The members of the House, who presented the case against Trump, had shown graphic pictures and video about the violence of January 6th.

Now, remember the day started with Trump telling his supporters, at the stop, the steal rally, that we try to fight like hell.

And if you don't fight like hell, you're not going to have a country anymore.

But at the trial itself, there were no witnesses, and several Republican senators said that they had made their mind up, no matter what.

...