Skip to content
Search

Latest Stories

Top Stories

One vote both squandered and sullied the ultimate congressional check on a president

Opinion

Senate Minority Leader Mitch McConnell

GOP Senate Leader Mitch McConnell said DonaldTrump was responsible for what happened Jan. 6, but voted to acquit the former president.

congress.gov via Getty Images

Marcuss is a retired partner at the law firm Bryan Cave and on the steering committee of Lawyers Defending American Democracy.


Donald Trump tried to steal the election and prevent the peaceful transfer of power. And 43 Republican senators said that's OK when they voted to acquit him in the impeachment trial. It was time to "stop the steal," as the former president's allies so often shout. But it was the Senate that refused.

Trump's militias attacked the Capitol, tried to stop Congress from counting the electoral votes that confirmed his defeat, called for hanging the vice president and threatened to assassinate the speaker of the House. And 43 Republican senators said that's OK.

The melee created by Trump's militias led to the deaths of at least five people, including a Capitol Police officer, and more than 100 of his colleagues were injured. Now the Capitol is an armed camp, surrounded by barbed wire and thousands from the National Guard. And 43 Republican senators said that's OK.

Americans might be forgiven for thinking the impeachment process is what protects the country from leaders like Trump, bent on destroying American democracy and the rule of law. Saturday's acquittal vote has proved this view to be dangerously wrong.

The Constitution provides that a president who commits "high crimes and misdemeanors" may be removed and disqualified from holding elective office. A president who incites a mob to seek to prevent Congress from certifying the results of an election he lost has unquestionably committed a high crime and misdemeanor.

Senators take an oath to "do impartial justice" before sitting in an impeachment trial. It was clear from the outset, however, that most GOP senators decided to ignore evidence of Trump's guilt even before the trial began. It's fiction that there was ever a chance for a real trial and the impartial administration of justice.

The undisputed evidence presented to the Senate demonstrated beyond a doubt that Trump started his effort to invalidate the 2020 election long before the first votes were cast, spreading the fiction that the only way he could lose was if the vote was rigged. After he actually lost, he kept spreading the lie that he'd been denied a second term by election thieves. Sixty or so courts across the land, including the Supreme Court, roundly disagreed.

In rally after rally, Trump nonetheless encouraged followers to believe his lies and urged them to come to Washington on Jan 6. Trump promised the day would be "wild."

And then, just before the start of the Electoral College tabulation ceremony, Trump repeated his Big Lie once more. He told a raucous rally that Joe Biden's victory "could not stand" and that Vice President Mike Pence had a duty to overturn the election. The mob then marched on the Capitol, ransacked the building, hunted for Pence and Speaker Nancy Pelosi and stopped the certification process for several hours. Trump, meanwhile, remained ensconced in the White House, did nothing to protect the Capitol, declared that his vice president had failed in his duty and embraced the mob.

"We love you; you're very special," he said as their insurrection continued, urging them once it was over to "Remember this day forever."

None of this was disputed. Even GOP Senate Leader Mitch McConnell said afterward that Trump was responsible for what happened and intended by his actions "to torch our institutions on the way out."

Yet, minutes earlier, McConnell and 42 other Republicans effectively did no more than shrug and say, "So what?"

McConnell shamelessly cloaked his vote with a laughable argument, that a former president was not constitutionally subject to an impeachment trial. But it was McConnell himself who prevented the trial from starting while Trump was still in office.

Nothing explains the acquittal, and McConnell's cynical contortions, except a craven surrender to political self-interest. A violent threat to our country be damned, said those who found Trump guiltless; for them, impartial justice meant nothing more than indifference to justice.

Impeachment is intended to protect the country from presidents who threaten the country's most sacred institutions, including the peaceful transfer of power. The process is meaningful, however, only if senators obey their oath to do "impartial justice." The Senate minority leader, and the other 42 Republicans who voted "not guilty," refused to do so despite knowing the charges were true.

The impeachment process can never be stripped entirely of political considerations. A politician not affected by politics, after all, is a dead politician. Senators are not like jurors in a regular court. They are not disqualified from voting because they know a lot about the case before the trial begins, or even if they have opinions about the merits of the case before seeing the evidence.

Like most things in life, however, conflicting pressures and obligations have to be balanced. There is an obvious conflict between the duty of impartiality, on the one hand, and the impossibility of expunging acquired biases and insulating politicians from political realities, on the other. Reconciling the two is not easy. What is inexcusable, however, is not even to try.

Those who voted not guilty did not try. They entered the Senate chamber determined to acquit and refused to be deterred. Some even openly collaborated with Trump's lawyers as the trial proceeded.

Those 43 senators have impeached the impeachment process. They have stolen from the Constitution a bulwark against tyranny and impeached themselves in the process.

But the other seven Republicans, and the 50 Democrats, knew the difference between commitment and capitulation on Saturday. They acquitted themselves by discharging their duty to act on the difference. Voters should remember this day forever.

Read More

Pete Hegseth walking in a congressional hallway
Pete Hegseth, President-elect Donald Trump's nominee to be defense secretary, and his wife, Jennifer, make their way to a meetin with Sen. Ted Budd on Dec. 2.
Tom Williams/CQ-Roll Call, Inc via Getty Images

The War against DEI Is Gonna Kill Us

Almost immediately after being sworn in again, President Trump fired the Chairman of the Joint Chiefs, a Black man.

Chairman Brown, a F-16 pilot, is the same General who in 2021 spoke directly into the camera for a recruitment commercial and said: “When I’m flying, I put my helmet on, my visor down, my mask up. You don’t know who I am—whether I’m African American, Asian American, Hispanic, White, male, or female. You just know I’m an American Airman, kicking your butt.” He got kicked off his post. The first-ever female Chief of Naval Operations was fired, too.

Keep ReadingShow less
“It’s Probably as Bad as It Can Get”:
A Conversation with Lilliana Mason

Liliana Mason

“It’s Probably as Bad as It Can Get”: A Conversation with Lilliana Mason

In the aftermath of the killing of conservative activist Charlie Kirk, the threat of political violence has become a topic of urgent concern in the United States. While public support for political violence remains low—according to Sean Westwood of the Polarization Research Lab, fewer than 2 percent of Americans believe that political murder is acceptable—even isolated incidence of political violence can have a corrosive effect.

According to political scientist Lilliana Mason, political violence amounts to a rejection of democracy. “If a person has used violence to achieve a political goal, then they’ve given up on the democratic process,” says Mason, “Instead, they’re trying to use force to affect government.”

Keep ReadingShow less
Combatting the Trump Administration’s Militarized Logic

Members of the National Guard patrol near the U.S. Capitol on October 1, 2025 in Washington, DC.

(Photo by Al Drago/Getty Images)

Combatting the Trump Administration’s Militarized Logic

Approaching a year of the new Trump administration, Americans are getting used to domestic militarized logic. A popular sense of powerlessness permeates our communities. We bear witness to the attacks against innocent civilians by ICE, the assassination of Charlie Kirk, and we naturally wonder—is this the new American discourse? Violent action? The election of Zohran Mamdani as mayor of New York offers hope that there may be another way.

Zohran Mamdani, a Muslim democratic socialist, was elected as mayor of New York City on the fourth of November. Mamdani’s platform includes a reimagining of the police force in New York City. Mamdani proposes a Department of Community Safety. In a CBS interview, Mamdani said, “Our vision for a Department of Community Safety, the DCS, is that we would have teams of dedicated mental health outreach workers that we deploy…to respond to those incidents and get those New Yorkers out of the subway system and to the services that they actually need.” Doing so frees up NYPD officers to respond to actual threats and crime, without a responsibility to the mental health of civilians.

Keep ReadingShow less
How Four Top Officials Can Win Back Public Trust


Image generated by IVN staff.

How Four Top Officials Can Win Back Public Trust

Mandate for Change: The Public Calls for a Course Correction

The honeymoon is over. A new national survey from the Independent Center reveals that a plurality of American adults and registered voters believe key cabinet officials should be replaced—a striking rebuke of the administration’s current direction. Homeland Security Secretary Kristi Noem, Secretary of War Pete Hegseth, Attorney General Pam Bondi, and Health and Human Services Secretary Robert F. Kennedy Jr. are all underwater with the public, especially among independents.

But the message isn’t just about frustration—it’s about opportunity. Voters are signaling that these leaders can still win back public trust by realigning their policies with the issues Americans care about most. The data offers a clear roadmap for course correction.

Health and Human Services: RFK Jr. Is Losing the Middle

Secretary Robert F. Kennedy Jr. is emerging as a political liability—not just to the administration, but to the broader independent movement he once claimed to represent. While his favorability ratings are roughly even, the plurality of adults and registered voters now say he should be replaced. This sentiment is especially strong among independents, who once viewed Kennedy as a fresh alternative but now see him as out of step with their values.

Keep ReadingShow less