Donald Trump Is Acquitted, Even as Senator Mitch McConnell Holds Him "Responsible" for Capitol Insurrection

From Harper's BAZAAR

Former president Donald Trump was acquitted from charges of inciting an insurrection in his second impeachment trial, allowing him to run for and hold office in the future.

Last month, the House of Representatives voted to impeach former president Donald Trump, making him the first president in U.S. history to be impeached twice. House Democrats formally introduced the article of impeachment against Trump in early January, charging him for abetting a mob of his supporters to storm the U.S. Capitol the week before. This move follows Republicans' rejecting a resolution that called on Vice President Mike Pence to strip Trump of his presidential powers by invoking the 25th Amendment.

Read on for a timeline of the impeachment proceedings and follow this story for updates.

February 13, 2021: Trump is acquitted.

In a 57-to-43 vote, in which seven Republican senators joined Democrats, Donald Trump was acquitted in his second impeachment trial.

Though the prosecution gained a majority of votes, they lacked the supermajority required to convict the former president. The GOP senators who crossed party lines in favor of conviction were Senators 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.

Minutes after voting to acquit Trump, Senate Minority Leader Mitch McConnell blasted the former president for "a disgraceful dereliction of duty."

"Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the Vice President," McConnell said, per CNN. "They did this because they had been fed wild falsehoods by the most powerful man on Earth—because he was angry he'd lost an election. Former President Trump's actions preceding the riot were a disgraceful dereliction of duty."

McConnell also held Trump personally accountable for the January 6 insurrection. "There is no question that President Trump is practically and morally responsible for provoking the events of that day," he said, adding that Trump also "did not act swiftly" to restore order and denounce the actions of the Capitol mob.

Despite this, McConnell reasoned his vote to acquit the former president as a question of constitutionality. "If President Trump were still in office, I would have carefully considered whether the House managers proved their specific charge," he said. "But in this case, that question is moot. Because former President Trump is constitutionally not eligible for conviction."

In early January, McConnell refused to call the Senate back into session to hold the impeachment trial for Trump, who was then still in office. Since Trump was ultimately found not guilty, he is not barred from running for office in the future.

February 12, 2021: Trump's lawyers present their defense, accusing the prosecution of fabricating a "preposterous and monstrous lie."

Trump's lawyers spent three hours presenting their defense of the former president to the Senate, earning praise from GOP allies in the chamber.

As part of their prosecution, House impeachment managers showed parts of Trump's speech that preceded the insurrection, in which he says, “We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”

In an attempt to paint these words as figurative, Trump's lawyers presented a video montage showing Democratic politicians also using the word fight in political speeches and rallies.

"To claim that the president in any way wished, desired or encouraged lawless or violent behavior is a preposterous and monstrous lie," said lawyer Michael van der Veen, per BBC. "In fact, the first two messages the president sent via Twitter once the incursion at the Capitol began were 'Stay Peaceful' and 'No violence because we are the party of law and order.'"

After the defense was presented, senators then questioned both parties.

February 11, 2021: House impeachment managers warn that an acquittal will set a dangerous precedent.

On the third day of impeachment proceedings, House impeachment managers wrapped up their case to prosecute former president Trump, also urging Republican senators to convict lest an acquittal would set a dangerous precedent.

The prosecution again invoked the explicitly violent security camera footage aired the day before, and also emphasized that Trump has still yet to apologize for the carnage incurred on that day, including five deaths and injuries among Capitol officers.

“President Trump’s lack of remorse and refusal to take accountability during the attack shows his state of mind,” said Representative Ted Lieu, one of the impeachment managers, per The New York Times. “It shows that he intended the events of Jan. 6 to happen. And when it did, he delighted in it.”

February 10, 2021: The House shows never-before-seen footage of the Capitol mob during the second day of the impeachment trial.

House impeachment managers showed never-before-seen security footage from the day of the Capitol insurrection as part of their case against the former president.

This footage "will provide new insight into both the extreme violence that everyone saw, the risk and the threat that it could have led to further violence and death to many but for the brave actions of the officers and shows really the extent of what Donald Trump unleashed on our Capitol," aides told reporters, per NBC.

In his opening remarks to the Senate, Representative Jamie Raskin said, per CNN, "It will show that Donald Trump surrendered his role as commander in chief and became the inciter in chief of a dangerous insurrection, and this was as one of our colleagues put it so cogently on January 6 itself, the greatest betrayal of the presidential oath in the history of the United States."

The graphic 13-minute montage shows Trump supporters breaking windows of the Capitol building and surging toward Capitol police officers.

Virgin Islands Delegate Stacey Plaskett presented the new evidence on the Senate floor. "It was an attack to our republic, to our democratic process," she said of the mob.

February 9, 2021: The trial begins.

The trial formally began at 1 p.m. on Tuesday, starting with a four-hour debate on the constitutionality of impeaching a president who is no longer in office. Afterward, in a 56–44 vote, the Senate voted to proceed with Trump's second impeachment trial, rejecting his defense team's claims that impeaching a former president was unconstitutional.

The vote, which saw six Republicans cross party lines to join the Democrats, may still indicate that Trump has enough GOP support to be acquitted. In order for Trump to be convicted, at least 17 Republican senators would need to join the 50 Democratic senators to reach the supermajority threshold.

The Republicans who voted to proceed with the trial were Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Patrick J. Toomey of Pennsylvania.

During the trial, Democrats undercut Trump's claims of unconstitutionality by noting that legal scholar Brian Kalt, who the defense cited 15 times in their brief per The New York Times, had publicly disputed their interpretation of his work.

The day before the trial, Kalt tweeted, "The article favored late impeachability, but it set out all the evidence I found on both sides--lots for them to use. But in several places, they misrepresent what I wrote quite badly. ... Again, my article presented all of the evidence I found on both sides, so there was lots for them to use fairly. They didn't have to be disingenuous and misleading like this. The House managers' brief cited my article a lot too and, to their credit, did so honestly."

As Colorado representative Joe Neguse said during the trial, per the Times, "Professor Kalt's position—which they had to have known because it is in the article that they cite in the brief—is that removal is 'not the sole end of impeachment.' Actually, in that same article he describes the view advocated by President Trump's lawyers as having deep flaws."

February 8, 2021: Trump's defense files a 78-page trial brief.

In the brief, Trump's lawyers denied the House's allegations and denounced the impeachment proceedings as "political theater." His team also disputed the constitutionality of the Senate trying a former president.

Hours later, House impeachment managers responded in a memo, saying Trump's defense was "wholly without merit."

February 4, 2021: Trump refuses House's request for him to testify during his trial in the Senate.

House impeachment managers made a surprise request for the former president to testify under oath during his Senate trial, which his lawyers quickly rejected.

"Two days ago, you filed an answer in which you denied many factual allegations set forth in the article of impeachment," wrote Maryland representative Jamie Raskin, the lead impeachment manager, in a letter addressed to Trump, per The New York Times. Raskin referred to Trump's defense denying the allegations put forth in the House's 80-page trial brief, including attempts to overturn election results and inciting his supporters to storm the Capitol. "You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense.”

Raskin noted that former presidents Gerald Ford and Bill Clinton had both testified while in office, "so there is no doubt that you can testify in these proceedings. Indeed, whereas a sitting President might raise concerns about distraction from their official duties, that concern is obviously implacable here."

Per the Times, Trump's lawyers dismissed the request as a "public relations stunt."

February 2, 2021: The House presents an 80-page trial brief that makes the case for Trump's responsibility in the Capitol insurrection; Trump responds.

In the brief, Democratic impeachment managers argue "President Trump's singular responsibility for that tragedy."

"President Trump falsely asserted that he won the 2020 election and then sought to overturn its results," they wrote in the brief. "He also tried to convince state and federal election officials and law enforcement personnel to attempt to reverse the election outcome. These attempts failed, too. The only honorable path at that point was for President Trump to accept the results and concede his electoral defeat. Instead, he summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue."

Read the full brief here.

In turn, Trump's defense team filed a 14-page response denying that he had any involvement in the Capitol insurrection.

"It is denied that President Trump incited the crowd to engage in destructive behavior. It is denied that the phrase 'if you don’t fight like hell you’re not going to have a country anymore' had anything to do with the action at the Capitol as it was clearly about the need to fight for election security in general, as evidenced by the recording of the speech," they wrote.

Read Trump's full response here.

January 31, 2021: Trump announces new members of his defense team.

David Schoen, a lawyer who previously represented Trump adviser Roger J. Stone, and Bruce Castor, a former Pennsylvania district attorney, have joined Trump's legal defense team.

“Notably, Schoen has already been working with the 45th president and other advisers to prepare for the upcoming trial, and both Schoen and Castor agree that this impeachment is unconstitutional—a fact 45 senators voted in agreement with last week,” the news release said, per The New York Times.

Schoen and Castor's arrival comes after the former president split with his lead lawyer, Butch Bowers, and four other members of the defense team. A source told the Times that the departure marked a disagreement in strategy between Trump and the lawyers, with the former wanting the defense to focus on his baseless accusations of election fraud.

January 26, 2021: A new vote indicates that GOP senators are unlikely to convict Trump.

The Senate struck down a motion by Republican senator Rand Paul that would have dismissed the impeachment proceedings of Donald Trump as unconstitutional since he is no longer in office. Though the motion was rejected, the vote count—55 to 45—indicated that Democrats may not have enough Republican senators to convict Trump at trial.

At least 17 Republicans would have to join Democrats in order for the former president to be convicted, but only five members of his party—Senators Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, and Patrick J. Toomey—voted to reject the GOP motion.

“I think it’s pretty obvious from the vote today that it is extraordinarily unlikely that the president will be convicted,” said Collins, per The New York Times. “Just do the math.”

Though the math is currently against conviction, some members of the GOP may yet be swayed by the time the trial is expected to start on February 9. Senate Minority Leader Mitch McConnell has not yet committed to a stance. “The trial hasn’t started yet,” he told CNN. “And I intend to participate in that and listen to the evidence.”

January 25, 2021: The House prepares to send its article of impeachment to the Senate.

The impeachment process against former president Donald Trump will advance Monday evening as the House of Representatives prepares to send its article of impeachment to the Senate.

This ceremonial proceeding involves House impeachment managers walking the article across the U.S. Capitol to the Senate, where Representative Jamie Raskin of Maryland will read the article on the chamber floor.

The trial is expected to begin the week of February 8.

January 22, 2021: The Senate strikes a deal to delay impeachment proceedings.

Senate leaders agreed to delay the impeachment proceedings against former president Donald Trump by two weeks in order to give President Joe Biden an adequate amount of time to appoint members of his Cabinet and push forward his legislative agenda, reported The New York Times.

"We all want to put this awful chapter in our nation's history behind us," said Senate Majority Leader Chuck Schumer, per the Times. "But healing and unity will only come if there is truth and accountability. And that is what this trial will provide."

The two-week delay—in which the Senate will spend confirming Cabinet members and working on another COVID-19 relief bill—is also intended to allow time for Trump's legal team and House impeachment managers to draft and exchange pre-trial briefs.

January 13, 2021: The House casts votes to impeach President Donald Trump for the second time.

Exactly one week since Trump incited a mob of his supporters to violently seize the U.S. Capitol, the House has formally voted to impeach the 45th president for the second time, charging him with "incitement of insurrection." In a 197-232 vote, 10 members of the Republican Party also joined House Democrats to impeach the president, marking a break from partisan lines that characterized his first impeachment in 2019 (at the time, Republicans unanimously voted against impeaching Trump).

Now, Trump will face a trial by the Senate, in which the majority leader, Republican Senator Mitch McConnell, has reportedly backed the House's decision, according to The New York Times. Sources close to McConnell told the paper that the second impeachment will "will make it easier to purge Mr. Trump from the party."

Though McConnell has not yet committed to convicting the president, several sources from the Republican party told CNN that, with his support, Trump will almost certainly be convicted. "If Mitch is a yes, he's done," one anonymous Senate GOP source told the outlet.

"The President must be impeached, and, I believe, the President must be convicted by the Senate," House Speaker Nancy Pelosi said today on the House floor, "a constitutional remedy that will ensure that the republic will be safe from this man who is so resolutely determined to tear down the things that we hold dear and that hold us together."

January 12, 2021: House formally calls on Vice President Mike Pence to invoke the 25th Amendment; Pence declines, saying it would "set a terrible precedent."

With a 205-223 vote largely split between party lines, the House formally approved a resolution on Tuesday night calling on Vice President Mike Pence to invoke the 25th Amendment in order to strip Trump of his presidential powers.

Before the vote, Pence sent a letter to Speaker Nancy Pelosi announcing that he does not intend on invoking the 25th Amendment. "Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election," Pence wrote, referring to Trump calling on him to show "extreme courage" by overturning November's election results. "And I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our Nation."

Pence went on to say that the purpose of the 25th Amendment "is not a means of punishment or usurpation. Invoking the 25th Amendment in such a manner would set a terrible precedent."

With his decision, the House is now set to vote on impeachment.

January 11, 2021: The House introduces a resolution to impeach Trump just nine days before President-elect Joe Biden's inauguration.

The four-page resolution cites the 14th Amendment, which bars anyone who has "engaged in insurrection or rebellion" in the United States from holding public office, against Trump. The document indicates that the president has "repeatedly issued false statements" about a fraudulent election and "willfully made statements that ... encouraged—and foreseeably resulted in—lawless action at the Capitol," as well as notes "his prior efforts to subvert and obstruct the certification of the results of the 2020 Presidential election" such as calling Georgia's secretary of state to "find" votes that would give him victory.

The House will vote on the resolution later this week, per CNN.

The article of impeachment follows House Republicans' rejection of a resolution calling on Vice President Mike Pence to activate the 25th Amendment and thereby strip Trump of his presidential powers.

“The House Republicans rejected this legislation to protect America, enabling the President’s unhinged, unstable and deranged acts of sedition to continue," said Speaker Nancy Pelosi in a statement today. “We are further calling on the Vice President to respond within 24 hours after passage. As our next step, we will move forward with bringing impeachment legislation to the Floor. The President’s threat to America is urgent, and so too will be our action.”

The New York Times reported that more than 210 House Democrats have signed on to the charge and that several Republicans are also considering voting for impeachment, though Republican Party leaders are opposed.

As of Saturday, CNN reported that Pence had not yet ruled out invoking the 25th Amendment, which enables the vice president and other public authorities to strip a president of their powers in the case of inability or incapacitation to serve. A source told the outlet that Pence, who has not spoken to the president since Wednesday's insurrection, is considering the option in case Trump "becomes more unstable."

Though Biden will be inaugurated on January 20, impeaching and convicting Trump now will prohibit him from ever running for office again. Trump would also lose a $219,000 pension and subsidies that would maintain an office and staff.

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