Impeachment, especially the Senate trial, a political process
The two-step impeachment process ‑ especially the Senate “trial”‑ is fundamentally political, not a legal proceeding or venue of justice.
Only four times in our history has the Senate acted like a jury in trials on articles of impeachment against presidents. The second impeachment trial of Donald J. Trump, like his first and those of Bill Clinton and Andrew Johnson, ended with acquittal.
Fifty-seven senators, seven Republicans joining all 50 Democrats, voted guilty, the greatest margin of votes to convict, but short of the two-thirds majority mandated by the Constitution. The Senate trial is vastly different from a justice system trial. After the House impeachment managers presented a strong case, three senators, including Lindsey Graham, met with Trump’s defense team.
NIXON-WATERGATE
Between the impeachment trials of Johnson and Clinton, Richard Nixon resigned as president before the House of Representatives voted to impeach. The Nixon-Watergate case was less partisan and Nixon was informed that Senate Republicans would vote for conviction. In the House, articles of impeachment were about to come to a vote, following extensive testimony in the Watergate hearings.
Nixon resigned, and was pardoned by President Gerald Ford. Nixon retreated to California and set about remaking his image.
For the record, Johnson and Clinton remain impeached, as does Trump, twice. Before Trump’s latest Senate trial, no one counted 17 Republican votes to convict. The outcome was not a surprise and many ask why impeach? For accountability, for posterity.
The Senate had no choice about the trial, once Trump was impeached for his part in the Jan. 6 attack on the U.S. Capitol, while representatives and senators were formalizing the election of Joe Biden.
Trump refused to accept his loss and made outrageous and false claims that the election was stolen.
Trump was impeached while president, but the Senate trial did not take place until after he left office. The Senate was recessed and then Majority Leader Mitch McConnell did not immediately accept the article of impeachment.
McConnell then claimed the impeachment was unconstitutional, which gave him and 42 other senators constitutional cover for voting to acquit. It’s a stretch, and beyond that for many, that 10 more Republicans could not bring themselves to convict, given the exceptionally strong case presented by the House managers. Graham and Tim Scott are among the 43. They must live with their votes, in their hearts and souls, and with posterity.
POLITICAL PRICE
Some, like Scott, may pay a political price if they are opposed in 2022 primary elections. Sen. Richard Burr, R-N.C., was among the seven and he was swiftly called to task by the N.C. GOP leaders. Burr is retiring and will not seek re-election in 2022.
After his vote, McConnell made a strong speech on the Senate floor saying there is no doubt of Trump’s dereliction of duty in egging on his supporters. Now Minority Leader McConnell made it clear that Trump is subject to the justice system, both criminal and civil.
Investigation and prosecution of Trump can go forward in states such as Georgia and in federal jurisdictions such as the District of Columbia. Justice may yet be served for the loved ones of the five persons who died on Jan. 6 – and for the damages done to American democracy.
Congress also may hold a formal inquiry into the events of Jan. 6. Hearings and testimony, would add to the information absorbed by the “court of public opinion” during the second Trump impeachment trial.
Trump’s second impeachment trial ended in a widely anticipated outcome; his case is far from over.
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D.G. Schumacher is a senior writer for The Sun News Editorial Board.