Skip to content
Search

Latest Stories

Follow Us:
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

Trump’s Iran Debacle Is a Reminder of Why Democracy Matters on Issues of War and Peace

Residents sit amid debris in a residential building that was hit in an airstrike earlier this morning on March 30, 2026 in the west of Tehran, Iran. The United States and Israel have continued their joint attack on Iran that began on February 28. Iran retaliated by firing waves of missiles and drones at Israel and U.S. allies in the region, while also effectively blockading the Strait of Hormuz, a critical shipping route.

(Photo by Majid Saeedi/Getty Images)

Trump’s Iran Debacle Is a Reminder of Why Democracy Matters on Issues of War and Peace

More than a month into Donald Trump’s war with Iran, he still seems not to know why we are there or how we will get out. When, on February 28, President Trump launched a war of choice in Iran, he did so without consulting Congress or the American people.

The decision to start the war was his alone. Polls suggest that the public does not support Trump’s war.

Keep ReadingShow less
Moonshot hope amid despair of Trump’s Iran war

ASA's 322-foot-tall Artemis II Space Launch System rocket and Orion spacecraft lifts off from Launch Complex 39B at Kennedy Space Center on April 1, 2026 in Cape Canaveral, Florida.

(Chip Somodevilla/Getty Images/TCA)

Moonshot hope amid despair of Trump’s Iran war

On Wednesday evening, two historic things happened, almost simultaneously.

First, four courageous astronauts successfully lifted off from Launch Complex 39B at Kennedy Space Center aboard Artemis II, which will attempt the first lunar flyby in more than 50 years.

Keep ReadingShow less
A TSA employee standing in the airport, with two travelers in the foreground.

A Transportation Security Administration (TSA) worker screens passengers and airport employees at O'Hare International Airport on January 07, 2019 in Chicago, Illinois. TSA employees are currently working under the threat of not receiving their next paychecks, scheduled for January 11, because of the partial government shutdown now in its third week.

Getty Images, Scott Olson

Nope. Nevermind. Some DHS agencies still shut down.

House Republicans reject clean bill to open shut-down DHS agencies (March 28 update)

House Republicans (and three Democrats) rejected the Senate's clean bill to end the shutdown late Friday night. Instead, the House passed a different bill that fully funds every agency in the Department of Homeland Security (DHS) but for only 60 days with the knowledge that this short-term continuing resolution will not pass in the Senate.

Both chambers are out until April 13 so the shutdown is expected to last until then at least. Hope that no major weather disasters occur before then because FEMA is one of the DHS agencies out of commission (though some of its employees may be working without pay). It's possible that air travel security lines won't get worse since the President signed an Executive Order authorizing DHS to pay TSA workers. New DHS Secretary Mullin says paychecks will start to go out as early as Monday. How long can this approach continue? Unknown. Leaving aside the questionable legality of repurposing funds in this way, DHS may not be willing to keep paying TSA from these other funds long-term.

Keep ReadingShow less
Protestors holding signs, including one that says "let the people vote."
Attendees hold signs advocating for voting rights and against the SAVE America Act at a rally to outside the U.S. Capitol on March 18, 2026 in Washington, DC.
Getty Images, Heather Diehl

The Senate Was Meant to Slow Us Down—Not Stop Us Cold

The Senate is once again locked in a familiar pattern: a bill with clear support on one side, firm opposition on the other—and no obvious path forward.

This time it’s the SAVE Act, framed by its supporters as a safeguard for election integrity and by its opponents as a barrier to voting access. The arguments are well-rehearsed. The positions are firm. And yet, beneath the policy debate sits a more revealing truth: in today’s Senate, the outcome of legislation is often shaped long before a final vote is ever cast.

Keep ReadingShow less