For the second time in as many years, Donald Trump was acquitted in an impeachment trial in spite of overwhelming evidence of his guilt. Though seven Republicans voted to convict, the verdict was hardly in doubt. Seriously, if you were surprised, you've been living under a rock.
Here are my observations:
The House managers: In a word, they were outstanding. Jamie Raskin and his entire team put on quite a show. Unlike last year's impeachment trial, when lead prosecutor Adam Schiff rubbed Republicans the wrong way, there were no issues this time around, unless of course you count the ones the defense team of Moe, Larry and Shemp had, which I most certainly do not. I say Shemp, only because I have too much respect for Curley to associate his name with this group.
From start to finish, they established a clear time line beginning with Trump planting the first seeds of doubt among his supporters months before the election, to his claims that the election was being stolen from him immediately after the polls closed, to the frivolous lawsuits in various state and federal courts that were soundly rejected even by judges he appointed, to his phone call with Georgia Secretary of State Brad Raffensperger in which he demanded the latter "find" the votes necessary for him to win, to the rally on the Ellipse where he dispatched his mob to sack the Capitol, it was an open and shut case. The fact that Trump's legal team never offered an affirmative defense against the charges was telling.
The lack of witnesses: Yes, it would've been nice to have Jamie Herrera Beutler testify under oath. And no doubt she would've made a compelling witness. I personally would've given a month's pay just to hear her repeat the exchange between Trump and McCarthy in which McCarthy supposedly shouted at Trump "who the fuck do you think you are talking to?" Oh, that would've been something to behold.
But the truth of the matter is that no amount of witnesses would've changed the outcome. The jury, if you could call it that, was already predisposed to acquit. Hell, some of them didn't even bother to attend the trial. All calling Beutler would've accomplished was to give Trump's team the excuse they needed to turn the entire proceeding into a circus, which was exactly what Bunker Boy was hoping for. It also would've needlessly prolonged the inevitable. Given that Joe Biden still hasn't gotten all of his cabinet nominees confirmed and his Covid relief bill is stuck in committee, Raskin did the right thing by agreeing to the deal. Don't blame him for the GOP's lack of a spine.
The magnificent seven: Richard Burr, Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse and Pat Toomey were the only Republicans who voted to convict. Seven out of 50. That's 15 percent, if you're counting. And while both Burr and Toomey are not running for reelection next year, and Collins just won her race handedly in a state Trump lost, that in no way makes their decision any less significant, or courageous. They, along with the ten House Republicans who voted to impeach, are to be commended for doing their duty.
But while seven Republicans summoned the courage to vote to convict, the fact that the remaining 43 chose not to, even in the face of the most damning evidence presented at an impeachment trial, proves that this is still the party of Trump. That some of them hid behind a ridiculous process argument that an impeachment trial of an ex-president is unconstitutional when many legal scholars said it wasn't, only makes their decision that much more pitiful. And speaking of pitiful,
Mitch McConnell: Yes, the minority leader excoriated Trump on the Senate floor immediately after the trial, which is more than I can say for his counterpart in the House. But like the majority of his colleagues, McConnell took the easy way out by voting to acquit on the basis that the trial was unconstitutional. His rebuke notwithstanding, McConnell ultimately failed in his role as leader by not setting an example for his conference.
And that's what makes his actions that much more reprehensible. There's no doubt McConnell loathes Trump and blames him for losing the two Georgia runoffs. This would've been the perfect opportunity for payback. All he would've had to do was signal to his conference that the trial was constitutional and that he was voting to convict and I really believe another nine Senate Republicans would've joined him.
Unlike the House, there is no love-loss for Trump in the Senate. Many in the conference are sick and tired of him and want to move on. McConnell could've given them the political cover they needed to do so. By letting Trump off the hook, as he did, McConnell all but guaranteed that Trump will be back and will come after the ones who crossed him.
As for the argument that had McConnell voted to convict he would've had a mutiny on his hands, let's just say I have a better shot of starting in goal tonight for the New York Rangers then that happening. Unlike Kevin McCarthy, McConnell has a firm grip on his conference. A senator since 1985, he's the most powerful man in Washington, and he knows where all the skeletons are buried. Hell, he's responsible for some of them. The idea that voting to convict Trump would've cost him his leadership post is laughable.
Conclusion: Yes, Trump's brand was badly damaged by this trial. Millions of people tuned in and relived the events of January 6. The vast majority of them believe Trump is guilty, and those Republicans who carried his water once again by voting to acquit him, will have a lot of explaining to do. This verdict will give Democrats something to run on in 2022. I would not be at all surprised if they retain, perhaps even increase, their majorities in both houses of Congress. They could even flip a statehouse or two.
Trump's legal exposure is also going to be problematic for him. As we speak, there are two criminal investigations going on in New York and Georgia. The former concerns the Trump Organization and the latter has to do with Trump's phone call to Raffensperger. Then there's the insurrection itself. As more and more people are arrested and charged, there's the very real possibility that some of them could accept a plea in return for testifying against Trump. And don't forget about the SDNY. Trump is "Individual One" in the Michael Cohen case. If I were Trump's lawyers, I'd clear my calendar for the next couple of years.
But the 800 pound gorilla is still in the room. Trump and his sycophants are alive and well. At the state level, Republicans have gone full MAGA. Almost Immediately after voting to convict, both Richard Burr and Bill Cassidy were censured by their respective state parties. They join fellow patriots Ben Sasse, Jeff Flake and Cindy McCain. It will be a very long time indeed before this cancer is eradicated from the GOP.
Bottom line: the nightmare is far from over. My biggest fear is that January 6 was a dress rehearsal. The Senate's dereliction of duty will only encourage the next coup attempt. And if history tells us anything, it's that the second attempt is usually successful.
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