Why Democrats Want a Trump Trial They already know the result, but they think it will hurt the GOP.
https://www.wsj.com/articles/why-democrats-want-a-trump-trial-11612828183?mod=opinion_lead_pos1
The Senate on Tuesday begins the second impeachment trial of Donald Trump, now the former President. Democrats say the trial is crucial to punishing Mr. Trump for the Jan. 6 Capitol riot, but it seems more likely to do the opposite by acquitting him. It also looks like a needless partisan exercise that will further polarize America’s political factions.
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As we’ve said several times, Mr. Trump’s actions that day and after the November election were disgraceful. He made false claims about a stolen election and later about overturning the Electoral College count. He also misled his supporters about Vice President Mike Pence’s solely ceremonial role in presiding over the vote count.
By rallying his supporters to march on the Capitol in the false hope of overturning the election result, and then refusing for hours to ask them to stand down, Mr. Trump tolerated an assault on a constitutional branch of government. Republicans who think this is impeachable conduct will get no criticism from us.
Yet the House impeachers don’t limit themselves to that charge. In their single and sloppy impeachment article, they accuse Mr. Trump of “incitement of insurrection.” This is a stretch, not least because Mr. Trump called on the marchers to behave “peacefully.” The House managers mention this only in passing in their trial brief. It is doubtful that Mr. Trump’s Jan. 6 remarks would qualify as incitement under the criminal code.
The assault on the Capitol was a riot, and a violent one, but it wasn’t an “insurrection.” It wasn’t a coup. Law enforcement was overwhelmed but it was all on the side of the Congress. Once the mob was dispersed, the Members returned to the House chamber to count the votes. There was never any chance that Joe Biden would not become President on Jan. 20, whatever the fantasies of Mr. Trump and his courtiers.
We advised Mr. Trump to resign and take responsibility for the events of Jan. 6, but he rode out his term, was impeached by the House within a week, and is out of office. The relevant issue three weeks into a new Presidency is what purpose does a trial serve now?
Democrats say it will deter future impeachable acts late in a President’s term, but that is unlikely if Mr. Trump is acquitted, as he likely will be. He will claim vindication. The greater rebuke would come from letting him suffer in isolation, without power and with the stigma of a bipartisan House impeachment vote.
Democrats say a conviction would also allow a simple majority vote to bar Mr. Trump from holding federal office again. That is tempting to some GOP Senators who know Mr. Trump’s party dominance has cost them control of the House and Senate. But he probably won’t be convicted, and in any case voters should decide if they want him in office again. Mr. Trump’s electoral defeats are a more compelling rebuke than a partisan ban by Congress.
Most Senate Republicans seem poised to vote for acquittal on grounds that impeaching a former President is unconstitutional. There are good arguments on both sides of the question, but the courts are unlikely to rule on the matter. The prudential point is that the trial won’t have the deterrent or censuring effect that Democrats claim to want.
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So why hold this trial? The answer is transparently political. Hatred for Donald Trump is the Democratic Party’s single most unifying principle. Democrats have prospered politically since Mr. Trump was elected, and they’d like to keep him as a foil for as long as they can.
They know he divides Republicans, and they hope a trial will cross-pressure the GOP in 2022. Witness the state party censures of Rep. Liz Cheney and Sen. Ben Sasse for their criticism of Mr. Trump’s post-election conduct. If GOP Senators vote to convict, they will face Mr. Trump’s wrath in future campaigns. If they vote to acquit, Democrats will run against them as apologists for the Capitol riot.
Perhaps the trial will turn up some new evidence that moves the Senate toward conviction. But don’t count on it. The House rushed impeachment without hearings, and the only witness the managers have called is Mr. Trump—an obvious political stunt. The irony of this trial is that Republicans would like to move on to debating Mr. Biden’s agenda, but Democrats can’t let Mr. Trump go.
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Appeared in the February 9, 2021, print edition.
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