United States senators today begin a process that is essential to our democracy and to a nation of laws. As they engage in what likely will be a fruitless trial of former President Donald Trump on impeachment charges, they should focus on the facts at hand and the seriousness of the occasion — rather than partisan grandstanding.
Senators will consider Trump’s second impeachment, this one following an insurrection that overran the U.S. Capitol on Jan. 6. And while it might seem extraneous to remove somebody who already has left office, Trump’s actions might warrant an historic rebuke.
He publicly attempted to subvert democracy; he publicly exhorted supporters to invade the Capitol and prevent elected officials from carrying out their sworn duty; and he privately refused to call in additional security as those supporters engaged in a harrowing riot that marked a low point in American history.
All of that is on the record, leaving the now-deposed president to speciously argue that convicting a former president is unconstitutional. It is a deceptive and desperate final stand for a man who has ceaselessly demonstrated he has no understanding of — and little interest in — the guardrails established by the U.S. Constitution.
After two months of claiming his election loss was fraudulent and after filing dozens of lawsuits bereft of evidence, Trump told supporters, “If you don’t fight like hell, you’re not going to have a country anymore.” The result was an unprecedented attack on the seat of government.
Trump’s lawyers have claimed the then-president was exercising his First Amendment rights. But elected officials should be held accountable for the things they say; senators should leave no doubt that there is a difference between a private citizen making false claims and the president of the United States inciting a riot.
Instead, it appears likely that Republicans will choose party over country. Two-thirds of senators are needed to convict, meaning that 17 Republicans of conscience will be required.
Although Trump has left office, he was impeached by the House of Representatives while still president. Allowing him to avoid conviction and leaving open the possibility of a future run for office would set an embarrassing and dangerous precedent.
As the House impeachment managers put it, “Failure to convict would embolden future leaders to attempt to retain power by any and all means — and would suggest that there is no line a president cannot cross.”
Trump crossed many lines while in office, leaving questions about the scope of presidential powers and the dangers of a leader unencumbered by checks and balances. Senators must reinforce the notion that a stalwart government has three sturdy and co-equal legs.
In contrast to the high bar that must be cleared for conviction on impeachment charges, Trump could be prohibited from running for office again with only a majority vote in both chambers of Congress. Under Section 3 of the 14th Amendment, if he is found to have “engaged in insurrection or rebellion against” the United States, he can be barred. This, too, is a necessary step to rid the nation of a most unfit president, and it would establish standards that will inform future office holders.
First, however, comes Trump’s trial in the Senate. As the House managers wrote: “His incitement of insurrection against the United States government — which disrupted the peaceful transfer of power — is the most grievous constitutional crime ever committed by a president.”
