Trump acquitted in impeachment trial
Published 9:03 pm Saturday, February 13, 2021
By Lisa Mascaro, Eric Tucker and Mary Clare Jalonick
WASHINGTON — Donald Trump was acquitted Saturday of inciting an attack on the U.S. Capitol, concluding a historic impeachment trial that spared him the first conviction of a U.S. president.
Barely a month since the deadly Jan. 6 riot, the Senate convened for a rare weekend session to deliver its verdict, voting while armed National Guard troops continued to stand their posts outside the iconic building.
The quick trial, the nation’s first of a former president, showed how perilously close the invaders had come to destroying the nation’s deep tradition of a peaceful transfer of presidential power after Trump had refused to concede the election. Rallying outside the White House, a mob of supporters were encouraged to “fight like hell” for him at the Capitol just as Congress was certify Democrat Joe Biden’s victory. As hundreds stormed the building, some in tactical gear engaging in bloody combat with police, lawmakers fled for their lives. Five people died.
The verdict, on a vote of 57-43, is all but certain to influence not only the former president’s political future but that of the senators sworn to deliver impartial justice as jurors. Seven Republicans joined all Democrats to convict, but it was far from the two-third threshold required.
The outcome after the uprising leaves unresolved the nation’s wrenching divisions over Trump’s brand of politics that led to the most violent domestic attack on one of America’s three branches of government.
“Senators, we are in a dialogue with history, a conversation with our past, with a hope for our future,” said Rep. Madeleine Dean, D-Pa., one of the House prosecutors in closing arguments.
“What we do here, what is being asked of each of us here in this moment will be remembered.”
Trump, unrepentant, welcomed the his second impeachment acquittal and said his movement “has only just begun.” He slammed the trial as “yet another phase of the greatest witch hunt in the history of our Country.”
Though he was acquitted of the sole charge of incitement of insurrection, it was easily the largest number of senators to ever vote to find a president of their own party guilty of an impeachment count of high crimes and misdemeanors.
Voting to find Trump guilty were GOP Sens. Richard Burr of North Carolina, Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Patrick Toomey of Pennsylvania.
Even after voting to acquit, the Republican leader Mitch McConnell condemned the former president as “practically and morally responsible” for the insurrection. Trump could not be convicted because he was out of office, McConnell contended.
The trial had been momentarily thrown into confusion when senators Saturday suddenly wanted to consider potential witnesses, particularly concerning Trump’s actions as the mob rioted. Prolonged proceedings could have been especially damaging for Biden’s new presidency, significantly delaying his emerging legislative agenda. Coming amid the searing COVID-19 crisis, the Biden White House is trying to rush pandemic relief through Congress.
Biden has hardly weighed in on the proceedings and was spending the weekend with family at the presidential retreat in Camp David, Maryland.
The nearly weeklong trial has delivered a grim and graphic narrative of the riot and its consequences in ways that senators, most of whom fled for their own safety that day, acknowledge they are still coming to grips with.
House prosecutors have argued that Trump’s was the “inciter in chief” stoking a months-long campaign, and orchestrated pattern of violent rhetoric and false claims they called the “big lie” that unleashed the mob. Five people died, including a rioter who was shot and a police officer.
Trump’s lawyers countered that Trump’s words were not intended to incite the violence and that impeachment is nothing but a “witch hunt” designed to prevent him from serving in office again.
The senators, announcing their votes from their desks in the very chamber the mob had ransacked, were not only jurors but also witnesses. Only by watching the graphic videos — rioters calling out menacingly for House Speaker Nancy Pelosi and Vice President Mike Pence, who was presiding over the January certification tally — did senators say they began to understand just how perilously close the country came to chaos.
Many senators kept their votes closely held until the final moments on Saturday, particularly the Republicans representing states where the former president remains popular. Most of them ultimately voted to acquit, doubting whether Trump was fully responsible or if impeachment is the appropriate response.
“Just look at what Republicans have been forced to defend,” said Senate Majority Leader Chuck Schumer. “Look at what Republicans have chosen to forgive.”
The second-ranking Republican Sen. John Thune of South Dakota acknowledged afterward, “It’s an uncomfortable vote. I don’t think there was a good outcome there for anybody.”
In closing arguments, lead prosecutor Michael van der Veen fell back on the procedural argument that Republican senators have embraced in their own reasoning of the case what he said is a “phony impeachment show trial.”
“Mr. Trump is innocent of the charges against him,” said Michael van der Veen. “The act of incitement never happened.”
The House impeached Trump on the sole charge of incitement of insurrection one week after the riot, the most bipartisan vote of a presidential impeachment.
The delay Saturday came as senators wanted to hear evidence about Trump’s actions during the riot, after prosecutors said he did nothing to stop it.
Fresh stories overnight focused on Rep. Jaime Herrera Beutler of Washington state, who said in a statement late Friday that Trump rebuffed a plea from House Republican leader Kevin McCarthy to call off the rioters.
Several Republican senators voted to consider witnesses. Lindsey Graham of South Carolina changed his vote to join them on that 55-45 vote.
But facing a prolonged trial with defense poised to call many more witnesses, the situation was resolved when Herrera Beutler’s statement about the call was read aloud into the record for senators to consider as evidence. As part of the deal, Democrats dropped their planned deposition and Republicans abandoned their threat to call their own witnesses.
Impeachment trials are rare, senators meeting as the court of impeachment over a president only four times in the nation’s history, for Andrew Johnson, Bill Clinton and now twice for Trump, the only one to be twice impeached.