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      Don’t Care for This Impeachment? Wait Until Next Year

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentLatest UpdatesTrump AcquittedHow Senators VotedSeven Republicans Vote to ConvictAdvertisementContinue reading the main storySupported byContinue reading the main storyPolitical MemoDon’t Care for This Impeachment? Wait Until Next YearLeaders of both political parties suggest that impeachments, Electoral College standoffs and Supreme Court nomination blockades may become frequent fights in American politics.Representative Jamie Raskin, center, and other House impeachment managers spoke on Saturday after the Senate voted to acquit former President Donald Trump at his second impeachment trial.Credit…Erin Schaff/The New York TimesFeb. 16, 2021Updated 4:17 a.m. ETWASHINGTON — The second season of impeachment had ended less than a day earlier, but Republicans were already talking about next season. It sounded ominous.“I don’t know how Kamala Harris doesn’t get impeached if the Republicans take over the House,” Senator Lindsey Graham, Republican of South Carolina, said Sunday morning on Fox News.Mr. Graham seemed to be suggesting that the vice president might be punished because she had expressed support for a bail fund for Black Lives Matter protesters in Minnesota last summer. “She actually bailed out rioters,” Mr. Graham charged. That statement was false, but his threat was plain: Republicans can impeach, too.In recent days, former President Donald J. Trump’s defenders have darkly accused Democrats of opening a “Pandora’s box” of partisan retribution — leading to a kind of anything-goes future in politics, where impeachments get volleyed back and forth between the two parties like a tennis match, depending on which side controls Congress. “Partisan impeachments will become commonplace,” said Bruce L. Castor Jr., one of Mr. Trump’s lawyers, as he argued the former president’s case before the Senate on Tuesday.There’s an element of plausibility here, given the hyperpartisan fervor that’s gripped American politics. But in the ensuing environment, Republicans seem to be saying that even the most outlandish accusations against a president — such as those hurled at President Biden by Representative Marjorie Taylor Greene, a Republican of Georgia in her first days in Congress — should be treated the same as what Democrats impeached Mr. Trump over.In a broader sense, officials of both parties have suggested that regular impeachments may just become one of several regular features of a new and bitter normal in our politics. Previously rare or unthinkable measures could simply start happening all the timeDemocrats argue that, in fact, Republicans have opened several Pandora’s boxes in recent years. They have taken unprecedented actions, led by Mr. Trump, that have abused certain norms to a degree that has destabilized a set of once-reliable government traditions. Senate Republicans’ blockade of President Barack Obama’s nomination of Judge Merrick B. Garland to the Supreme Court in 2016, for instance, cast doubt on any future president’s ability to fill a Supreme Court vacancy when the opposing party controlled the Senate.By refusing to concede an election he clearly lost, and then maintaining repeatedly it had been stolen from him, Mr. Trump shattered what had been an undisturbed American custom ensuring a peaceful transfer of power between administrations.Mr. Trump’s false claims have persuaded a majority of Republican voters that Mr. Biden had not been legitimately elected, and led 147 Republican members of the House and the Senate to vote against the Jan. 6 certification of Electoral College votes. This level of support to overturn the election result raises the prospect of whether the once-pro forma exercise of certification might now devolve every four years into a heated partisan spectacle — or, worse, riots.Two of former President Trump’s impeachment lawyers, Michael van der Veen and Bruce Castor, spoke on Saturday after the trial concluded.Credit…Alyssa Schukar for The New York TimesIt was the deadly assault on the Capitol, of course, that set into motion Mr. Trump’s second impeachment proceeding. His lawyers attributed the rebuke not to their client’s actions on Jan. 6 but rather to his opponents’ irrational “hatred of President Trump.” They implied impeachment was a vindictive and frivolous maneuver.Democrats bristle at such notions — that they have overused and thus cheapened the power of impeachment, a tool that has been employed only four times in 244 years, but twice in the last 14 months. They agreed that impeachment should be reserved for extraordinary circumstances, but argued that Mr. Trump had engaged in an extraordinary degree of dereliction.“Look, there’s a reason there’s been two impeachments of the same man,” said Senator Robert P. Casey Jr., Democrat of Pennsylvania, in an interview Friday, on the eve of the final vote. “Trump has engaged in conduct that presidents of either party would never engage in.”It’s not like anything about this has been fun, he added. “The last thing I wanted to do these last five days is sit there and listen to this hour after hour instead of working on a full range of issues,” he said.Mr. Casey and others suggest that the Republican Party is now dominated by a former president who has convinced much of the party that any opposition to them is driven by “bad, sick and corrupt people” and should be met with extreme tactics.“The expectation from our base is for retribution,” said former Representative Tom Rooney, a Republican of Florida who did not seek re-election in 2018, in part to escape the extreme partisanship that has overtaken Congress. When asked if his former Republican colleagues would move to impeach Mr. Biden next year if they won back the House, even for something minor, Mr. Rooney rated the prospect as “absolutely possible.”“It might not necessarily be what some of those guys want to do, but it might be what the base expects,” he said. “People want Armageddon.”Let the healing begin!Or not. For as much as Impeachment II ended on Saturday with a significant number of Republican senators (seven) voting to convict Mr. Trump — and was accompanied by tough statements from some who voted not guilty, including the Republican Senate leader, Mitch McConnell — other defenders of the former president turned their focus to a bitter future of impeachment roulette.Senator Marco Rubio, Republican of Florida, suggested on Friday that former Secretary of State Hillary Clinton might start looking around for a good impeachment lawyer (because, really, what would partisan Armageddon be without the Clintons?).Mr. Rubio framed his statement around a somewhat tortured rhetorical question: “Is it not true that under this new precedent, a future House facing partisan pressure to ‘lock her up’ could impeach a former secretary of state and a future Senate forced to put her on trial and potentially disqualify from future office?”It was not exactly clear whether Mr. Rubio was criticizing Mr. Trump for whipping up his supporters into a frenzy that led to irrational demands to imprison Mrs. Clinton, or whether he was accusing Democrats of acting irrationally themselves by impeaching Mr. Trump a second time in two years.What was evident, however, was that Mr. Rubio was assuming the worst intentions by the opposition — and the feeling appears extremely mutual. Cable and social media chatter have been awash in bleak scenarios.“If Republicans take Congress, they could not only impeach Biden and/or Harris,” Jon Favreau, a speechwriter for President Obama, tweeted on Sunday, “they could potentially succeed in overturning the results of the 2024 election.”Not everyone believes partisanship has reached the point where Election Day will now merely become the start of a two-month brawl every four years that will build to a potentially ugly climax in January.“I don’t think we’re there yet,” said Brendan Buck, a Republican media strategist and former top leadership aide to two former Republican speakers of the House, Paul D. Ryan of Wisconsin and John A. Boehner of Ohio. He said that many House Republicans wound up voting against Mr. Biden’s Electoral College certification only because they knew it would not pass. If the result was more in doubt, he contended, they would have voted to certify.Trump supporters climbed the walls of the Capitol on Jan. 6.Credit…Jason Andrew for The New York TimesStill, Mr. Buck allowed that the current political and media environment rewarded behavior by lawmakers — and candidates — that is extreme or even unheard-of. “We’re in an era where you need to make loud noises and break things in order to get attention,” he said. “It doesn’t matter what you’re breaking — as long as you’re creating conflict and appeasing your party, anything goes.”Mr. Trump himself is the exemplar of anything goes, both in terms of how effective and destructive the approach can be, said Adam Jentleson, who was a deputy chief of staff to former Senator Harry Reid of Nevada, the Democratic leader, and author of “Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy,” a new book about legislative leadership dynamics.Mr. Jentleson said Republicans had abandoned any coherent policy goals in lieu of pursuing a “negative partisanship” agenda — which he defines as “doing simply whatever will terrorize your opponents the most.” In essence, Trumpism.This shows no signs of abating anytime soon. “That’s clearly what Republicans will continue to run on,” Mr. Jentleson said. “And that includes impeaching whoever is in power on the other side.”AdvertisementContinue reading the main story More

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      North Carolina Republicans Censure Richard Burr Over Impeachment Vote

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentLatest UpdatesTrump AcquittedHow Senators VotedSeven Republicans Vote to ConvictAdvertisementContinue reading the main storySupported byContinue reading the main storyNorth Carolina Republicans Censure Richard Burr Over Impeachment VoteThe senator, who is retiring, is one of seven Republicans who voted with Democrats to find Donald J. Trump guilty of inciting an insurrection at the Capitol.Senator Richard Burr on the last day of the Senate impeachment trial of former President Donald J. Trump.Credit…Erin Scott/ReutersFeb. 16, 2021, 12:15 a.m. ETThe North Carolina Republican Party voted unanimously on Monday to censure Senator Richard M. Burr for voting to convict former President Donald J. Trump in his second impeachment trial.The rebuke was the latest fallout for the seven Republicans who sided with Democrats in an unsuccessful effort to find Mr. Trump guilty of inciting an insurrection on Jan. 6, when a mob of Trump supporters rampaged through the Capitol.The vote by Mr. Burr, 65, who will retire after three terms in the Senate, came as a surprise after he had earlier voted against moving forward with the impeachment trial because of a Republican challenge that the Senate lacked jurisdiction to try a former president.The North Carolina Republican Party said in a statement on Monday that the decision to censure Mr. Burr had been made by its central committee.The party “agrees with the strong majority of Republicans in both the U.S. House of Representatives and Senate that the Democrat-led attempt to impeach a former president lies outside the United States Constitution,” the statement said.Mr. Burr released a brief statement in response saying that it was a “truly sad day” for Republicans in his state.“My party’s leadership has chosen loyalty to one man over the core principles of the Republican Party and the founders of our great nation,” he said.Mr. Trump was acquitted on Saturday by a vote of 57 guilty to 43 not guilty that fell short of the two-thirds threshold for conviction. The result was not a surprise because only six Republicans had joined Democrats in clearing the way for the case to be heard by narrowly rejecting a constitutional objection.Of the seven Republican senators who voted to convict, Mr. Burr is not the only one to face rebuke. The Republican Party of Louisiana, for instance, said after the impeachment vote that it was “profoundly disappointed” by the guilty vote from its home-state senator, Bill Cassidy.Of the seven, only Mr. Burr and Senator Patrick J. Toomey of Pennsylvania, who is also retiring, will not face voters again. Mr. Toomey was rebuked by several county-level Republican officials in his state in recent days.Neither senator was particularly vocal in criticizing Mr. Trump while he was in office.In 2019, Mr. Burr, then the chairman of the Intelligence Committee, subpoenaed testimony from Donald Trump Jr. as part of his work conducting the only bipartisan congressional investigation into Russian election interference. The former president’s son responded by starting a political war against Mr. Burr, putting him and the Intelligence Committee on their heels.On the day of the vote in the impeachment trial, Mr. Burr laid out his rationale for his guilty vote by saying that the president “bears responsibility” for the events of Jan. 6.“The evidence is compelling that President Trump is guilty of inciting an insurrection against a coequal branch of government and that the charge rises to the level of high crimes and misdemeanors,” he said. “Therefore, I have voted to convict.”The chairman of the North Carolina Republican Party, Michael Whatley, released a statement the same day calling Mr. Burr’s vote to convict “contradictory.”“North Carolina Republicans sent Senator Burr to the United States Senate to uphold the Constitution and his vote today to convict in a trial that he declared unconstitutional is shocking and disappointing,” Mr. Whatley said.Mr. Burr’s impeachment vote added fuel to speculation that Lara Trump, Mr. Trump’s daughter in-law, will seek the North Carolina Senate seat that Mr. Burr will vacate after the 2022 election. Ms. Trump, who is married to Eric Trump, grew up in the state and has been floating herself as a possible Burr successor for months.Ms. Trump, 38, is a former personal trainer and television producer who grew up in Wilmington, N.C. A senior Republican official with knowledge of her plans said that while the Jan. 6 riot had soured Ms. Trump’s desire to seek office, she would decide over the next few months whether to run as part of a coordinated Trump family comeback.AdvertisementContinue reading the main story More

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      Mitch McConnell Is So Over Trump That He Voted to Absolve Him

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe conversationMitch McConnell Is So Over Trump That He Voted to Absolve HimOn the impeachment front, it was an exciting — if sometimes perplexing — weekend.Gail Collins and Ms. Collins and Mr. Stephens are opinion columnists. They converse every week.Feb. 15, 2021, 5:00 a.m. ETCredit…Alexander Drago/ReutersBret Stephens: What a wild week, Gail. Should we feel pleased that seven Republican Senators voted to convict Donald Trump of incitement — six more than in the last impeachment — or appalled that the other 43 didn’t?Another way of putting the question is whether the G.O.P.’s cup is 14 percent full or 86 percent empty.Gail Collins: It was certainly an interesting show. It’ll be a long time before I forget Mitch McConnell’s speech about the “outgoing president who seemed determined to either overturn the voters’ decision or else torch our institutions on the way out.”It was, by McConnell standards, very passionate. Of course it’d have been a heck of a lot more moving if he hadn’t just voted against any punishment.Bret: The other day I listened to a Malcolm Gladwell podcast on the Yiddish word “chutzpah.” The word has two distinct connotations. In its American usage, it suggests audacity, as in, “It took a lot of chutzpah for her to walk into her boss’s office back in 1962 and demand a raise, but — guess what? — she got it!” In the Israeli sense, it usually means gall and shamelessness, as in, “First the boy murders his parents. Then he pleads for mercy in court because he’s an orphan.”Anyway, McConnell’s speech was chutzpah in the Israeli sense. He wanted to have his outrage and eat it, too. He wanted to ease whatever conscience he has left by denouncing Trump in a way that had no consequences, while using a legal dodge to advance his political interests in the way that really matters. Just pathetic.Gail: Maybe we can call it the McConnell Two-Step.Bret: Or maybe the “Mitch Macarena.” Where is Ted Sorensen when you need him to ghostwrite “Profiles of Invertebrates?” It’s the story of today’s Republican Party and conservative establishment, minus Liz Cheney, Adam Kinzinger, Lisa Murkowski and the other brave ones.Gail: But about the G.O.P’s cup — I ought to ask you. Where do you see your party going from here? Engineering a post-Trump turnaround or just sticking to the same brain-dead script that’ll probably force you to vote Democratic again in 2024?Bret: Gail, it isn’t my party any longer, and you’re obviously delighting in the thought of my being forced to vote for Democratic presidential candidates for three election cycles in a row. It might suggest a pattern.Right now I’m working on a longish piece making the case that America needs a Liberal Party, albeit in the European sense of the term. I mean parties that are for free markets, civil liberties and small government, without being hostile to immigration and cultural change.Gail: If that means a three-party system, we’re going to have a lot to fight about.Bret: We should fight more. As for the G.O.P., it’s probably a lost cause. My guess is that Trump’s luster will fade in the party because a lot of Republicans know he’s crazy and are ashamed of what happened on Jan. 6. But Trumpism as the politics of nativism, rage and conspiracy theory is going to be a dominant strain in the G.O.P., especially if Josh Hawley or Tom Cotton or one of the Trump kids is the next nominee.Gail: Eric for president!Credit…Jessica Mcgowan/Getty ImagesBret: To return to Yiddish: Oy vey. Of course there’s Nikki Haley. But after reading Tim Alberta’s long profile of her in Politico, I can’t decide whether she’s crazy like a fox or too clever by half.Gail: What do you think her slogan would be: Served the Trump administration loyally except secretly she always hated him?Bret: From a political standpoint, she’s played her cards pretty astutely. She might be the only potential G.O.P. candidate who can unite the party. She’s smart, charismatic, has a great personal story, did the right thing as governor of South Carolina by getting rid of the Confederate flag from the State House soon after the Charleston church slaughter, and was effective as U.N. ambassador. If she wins the nomination she’d be a formidable challenger to the Democratic nominee, whoever that winds up being.Gail: Wow, Kamala vs. Nikki.Bret: Interesting that Kamala ’24 already seems like a foregone conclusion. Shades of Hillary ’08?Back to Haley. Her dodges and maneuvers are a bit too transparent. And her brand of mainstream Republican conservatism is just out of step for a party that is increasingly out of its mind.Gail: Still, you’ve got me obsessing about an all-female presidential race.Bret: About time.Gail: But back for a minute to the Senate. Do you think they should have called witnesses so the country could have listened to a description of Trump ignoring the real physical danger to Mike Pence and other top Republicans, and defending the rioters when he was begged to call them off?Bret: Not really, no. What more does the country need to know than the evidence the House managers presented? Calling witnesses would have dragged out the trial for weeks on end, forcing us all to watch those despicable Trump lawyers. And we both know it wouldn’t have changed the result.Gail: Yeah, and we really need to get on to Biden’s agenda. There’s a rumor about some kind of pandemic …Bret: Also, the trial introduced the country to some new Democratic stars. Stacey Plaskett deserves an immediate promotion to a big administration job. And Jamie Raskin should be a future contender for attorney general. That he was able to perform with so much grace under pressure, after a terrible family tragedy, made him that much more admirable.Gail: Agreed.Bret: So it’s time for the country to move on. Since I’m grooving on Jewish tropes today, let’s just say, “Trump Came, He Tried to Destroy Us, We Won, Let’s Eat.”Let me switch subjects on you this time. Should Andrew Cuomo be impeached for being, er, highly parsimonious with the truth about the nursing home Covid deaths?Gail: This is Andrew Cuomo. Punishment would be not letting him run for a fourth term in 2022. But New York definitely needs a new crop of executives. Try mentioning Bill de Blasio to a socially distanced friend and watch eyes glaze over from six feet away.Bret: Or, in my case, head exploding. De Blasio is to managerial competence what Yogi Berra was to the syllogism. He’s the guy who redeems the memory of Abe Beame. He makes Trump’s handling of the coronavirus situation seem relatively competent. He’s the nation’s unintentional uniter, bringing everyone from Cuomo to Ted Cruz together into shared contempt.Gail: I thought I was good at complaining about de Blasio, but you win the medal.Bret: I’m keeping fingers crossed that Andrew Yang or some other reasonably competent character can bring the city back from moving further toward 1970s-style insolvency, disorder, crime and decay.Gail: Here’s my last question, Bret. In a couple of weeks it’ll be March. Which won’t change much, pandemic-wise. But as it starts to get warmer, do you think we’ll all start to feel more optimistic? Walking through parks, picnics on the terrace? Our last Trumpian chapter over?Bret: I’m enjoying this continual blanket of snow and wouldn’t mind if it stretched into April. Maybe it will help everyone chill out and calm down. And it’s an excellent excuse for doing as little exercise as possible and binge-watching this French spy thriller, “The Bureau,” that an old friend of mine just got me into.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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      Why Seven Republican Senators Voted to Convict Trump

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storyWhy Seven Republican Senators Voted to Convict TrumpThe Republicans who broke with their party to find Donald J. Trump guilty were an eclectic group, bound by their shared lack of concern about retribution from the former president or his followers.Senator Bill Cassidy of Louisiana is one of the seven Republicans who voted on Saturday to impeach former President Donald J. Trump.Credit…for The New York TimesFeb. 14, 2021, 6:57 p.m. ETWASHINGTON — The seed for Senator Bill Cassidy’s decision to find Donald J. Trump guilty of inciting an insurrection was planted one day last fall, when he received an email from a friend that was full of the then-president’s false claims about a stolen election.Alarmed that Mr. Trump’s lies were gaining credence, Mr. Cassidy, a Louisiana Republican, became part of a small minority in his party — and one of only a few officials in the South — to acknowledge President Biden’s victory. Months later, after Mr. Trump’s campaign to overturn the election culminated in the Capitol riot, Mr. Cassidy was one of only seven Republican senators who voted on Saturday to convict him.Taken at face value, Mr. Cassidy — a conservative, newly re-elected physician with a quirky streak — has little in common with the other six senators who broke with their party and found Mr. Trump guilty in the most bipartisan vote for a presidential impeachment conviction in United States history. Most were facing intense backlash on Sunday from Republicans in their states livid about the vote, as have the 10 House Republicans who supported the impeachment last month.But the senators were united by a common thread: Each of them, for their own reasons, was unafraid of political retribution from Mr. Trump or his supporters.“Two are retiring, and three are not up until 2026, and who knows what the world will look like five years from now,” said Whit Ayres, a veteran Republican pollster. “It looked pretty different five years ago than it did today. All seven of them have a measure of independence that those who have to run in 2022 in a closed Republican primary just don’t have.”For Mr. Cassidy, it was a sense of outrage at the former president’s actions, starting long before the assault on Jan. 6, that played the dominant role. In an interview on Sunday, Mr. Cassidy said Mr. Trump had “trumpeted that lie” about the election for months, then sat by for hours as lawmakers and his own vice president were under attack in the Capitol and did nothing — other than to call Republican senators to ask them to continue challenging the election results.“That anger simmers in the background,” Mr. Cassidy said. “My whole life, reading about great men and women who sacrifice for our country, who sacrifice so that we could have the freedoms that we have here today — and the idea that somebody would attempt to usurp those and destroy them?”“It still angers me,” he continued. “It just angers the heck out of me.”Many Republicans privately shared Mr. Cassidy’s rage, but the fact that only seven of them were ultimately willing to find Mr. Trump guilty underscored the extraordinary fealty the former president still commands in the party. Even with Mr. Trump out of the White House, Republican lawmakers have been reluctant to cross the former president for fear of invoking his wrath and infuriating the primary voters who still adore him. All but one of the Republicans who voted to convict Mr. Trump will not face voters at the ballot box for years — or ever again, in the case of two who are set to retire in 2022.Senator Lisa Murkowski of Alaska is the only one of the seven Republicans who faces re-election next year, making her vote to convict the most political risky of them all.Credit…Anna Moneymaker for The New York TimesMr. Cassidy won re-election in November, as did two others who voted to convict the former president — Senators Susan Collins of Maine and Ben Sasse of Nebraska — meaning they have five years before their names will appear on a ballot. Two others, Senators Richard M. Burr of North Carolina and Patrick J. Toomey of Pennsylvania, are retiring. The other two, Senators Lisa Murkowski of Alaska and Mitt Romney of Utah, the 2012 Republican presidential nominee, have long since established their willingness to break with their party, and particularly with Mr. Trump.Ms. Murkowski is the only one of the group facing re-election next year, making her vote the most politically risky of them all.She famously returned to Washington even after losing a Republican primary in 2010 by defeating both the Republican and Democratic nominees in an audacious write-in campaign, and she has appeared untroubled by the potential political consequences of her vote.That might be partly influenced by a change in Alaska’s voting system: Voters in November approved a measure to eliminate party primaries and institute a ranked-choice contest in which any candidate could prevail, blunting the influence of the hard-right voters who decide most Republican primaries.At the Capitol on Saturday, Ms. Murkowski said she owed it to her constituents to vote the way she did. “If I can’t say what I believe that our president should stand for, then why should I ask Alaskans to stand with me?” she told reporters.And in a blistering statement on Sunday, Ms. Murkowski explained why she deemed Mr. Trump guilty.“If months of lies, organizing a rally of supporters in an effort to thwart the work of Congress, encouraging a crowd to march on the Capitol, and then taking no meaningful action to stop the violence once it began is not worthy of impeachment, conviction and disqualification,” she said, “I cannot imagine what is.”Republicans had regarded Ms. Murkowski as a senator who was likely to defect, along with Ms. Collins. The two have previously linked arms to break from their party on significant votes, including when they helped tank a Republican-led effort to dismantle the Affordable Care Act. Ms. Collins was re-elected in November, triumphing in a brutal contest that few expected her to win, as voters reaffirmed their embrace of her long-held independent streak.“This impeachment trial is not about any single word uttered by President Trump on Jan. 6, 2021,” Ms. Collins said in a speech from the Senate floor on Saturday. “It is instead about President Trump’s failure to obey the oath he swore on Jan. 20, 2017. His actions to interfere with the peaceful transition of power — the hallmark of our Constitution and our American democracy — were an abuse of power and constitute grounds for conviction.”Republicans had regarded Senator Susan Collins of Maine as likely to defect.Credit…Anna Moneymaker for The New York TimesIn the weeks before the impeachment trial, Ms. Collins huddled in multiple Zoom meetings with a team of lawyers, including external advisers and members of her staff, to discuss the constitutionality of putting a former president on trial and whether Mr. Trump could mount a defense premised on his right to free speech, according to Richard H. Fallon Jr., a Harvard Law professor and adviser to Ms. Collins who participated in the discussions.“I don’t think there was any substantial disagreement at the end about the constitutional points,” he said.Mr. Cassidy’s vote to convict was less expected. A gastroenterologist who was re-elected easily in November to a second term, he is a reliable conservative. But he has shown an increasing willingness in recent weeks to buck his party in an attempt to work with Mr. Biden and his Democratic colleagues, and markedly less interest in humoring Mr. Trump.That approach has resulted in an intense fallout at home. The Louisiana Republican Party on Saturday moved to censure him for his vote, and Mr. Cassidy said people would be “aghast at how negative” the comments on his Facebook page had become.But he also said that he had received “a heck of a lot of support” in texts and calls from constituents — and that he expected that sentiment to grow.“The president spent two months building this up,” Mr. Cassidy said. “It’s going be hard; people just don’t flip on a deeply held belief from someone who they trust just like that. But the more the facts come out, the more that people will move to this position.”For his colleagues who are retiring, voters’ reactions were less of a concern. Neither Mr. Burr nor Mr. Toomey was a particularly vocal critic of Mr. Trump while he was in office, and both skewed fiercely conservative on policy matters, especially Mr. Toomey, a fiscal hawk and former president of the pro-business Club for Growth.But both have tangled with the former president in their own ways. As Mr. Trump continued to falsely claim that he had won the election, Mr. Toomey sharply pushed back and went so far as to blast his own colleagues for trying to overturn the results.Delegate Stacey Plaskett, Democrat of the Virgin Islands and one of the impeachment managers, reacted on Saturday as Mr. Cassidy voted to convict Mr. Trump.Credit…Erin Schaff/The New York TimesMr. Burr, then the chairman of the Intelligence Committee, subpoenaed testimony from Donald Trump Jr. in 2019 as part of his work conducting the only bipartisan congressional investigation into Russian election interference. The former president’s son responded by starting a political war against the senator in an attempt to turn his party against him.Perhaps the most predictable votes came from two of Mr. Trump’s most biting critics in the Senate: Mr. Sasse and Mr. Romney, who was the only Republican to vote to convict Mr. Trump in his first impeachment trial.While the two senators have employed similarly scathing language to excoriate the former president, they are at very different points in their careers. Mr. Romney, 73, having tried and failed to reach the White House, has positioned himself as an elder statesman trying to steer the party from Mr. Trump’s influence regardless of the political fallout. Mr. Sasse, 48, a younger and ambitious up-and-comer, has staked his hopes on leading a post-Trump Republican Party.Now, Mr. Sasse is facing censure threats from the Nebraska Republican Party. An effort last year by a Republican legislator in Utah to censure Mr. Romney for his first impeachment vote fell flat after the state’s Republican governor defended the senator, who faces re-election in 2024.It is unclear how much the seven senators discussed the verdict before the vote on Saturday. But Mr. Cassidy quietly shared his decision with Mr. Burr during the closing arguments of the trial, surreptitiously passing the North Carolina Republican a note on the Senate floor.“I am a yes,” it read.Mr. Burr nodded in silent agreement.Emily Cochrane More

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      Lara Trump for North Carolina Senate Seat? Trump’s Trial Is Renewing Talk

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      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyLara Trump for North Carolina Senate Seat? Trump’s Trial Is Renewing TalkSenator Richard M. Burr’s vote to convict the former president has intensified speculation that Ms. Trump might galvanize staunch Trump loyalists behind a possible bid for Mr. Burr’s seat in 2022.Lara Trump and her husband, Eric, attended the departure event for former President Trump on Inauguration Day before boarding Air Force One.Credit…Pete Marovich for The New York TimesAnnie Karni and Feb. 14, 2021Updated 5:22 p.m. ETWASHINGTON — A central issue in last week’s impeachment trial was whether former President Donald J. Trump deserves a political future. But his acquittal sparked speculation on Sunday about the electoral prospects of another Trump: his daughter-in-law, Lara.Senator Richard M. Burr’s decision to vote for the conviction of Mr. Trump incensed many Republicans in his home state of North Carolina, and in doing so reignited talk that Ms. Trump, a native of Wilmington, N.C., would seek the Senate seat Mr. Burr will vacate in 2022.“My friend Richard Burr just made Lara Trump almost the certain nominee for the Senate seat in North Carolina to replace him if she runs,” Senator Lindsey Graham, Republican of South Carolina, said in an interview on Fox News on Sunday.Ms. Trump did not respond to a request for comment. One senior Republican official with knowledge of her plans said that the Jan. 6 riot soured her desire to seek office, but that she would decide over the next few months whether to run as part of a coordinated Trump family comeback.If negotiating a post-Donald-Trump world has been a disorienting experience for Republicans around the country, it is especially acute in North Carolina, a state that has become a polarized, and nearly deadlocked, partisan battleground.Mr. Burr’s vote, and the torrent of criticism among North Carolina Republicans that came with it, appeared likely to sharpen the differences in the primary to succeed him between staunch Trump loyalists and Republicans who see a need to appeal to educated suburban voters in a state with steadily changing demographics.“The G.O.P. base is getting smaller,” said Paul Shumaker, a veteran party strategist in Raleigh.It was not just Mr. Burr’s vote that inflamed the party’s rank and file. While the state’s junior senator, Thom Tillis, who was re-elected last year, voted to acquit the former president, Mr. Tillis used his statement after the vote to all but invite prosecutors to indict Mr. Trump, saying the former president’s “ultimate accountability is through our criminal justice system.”Mr. Trump’s allies predict that such talk would prompt a revolt from the right that would result in the election of more pro-Trump candidates. And, the thinking goes, who could be more pro-Trump than an actual Trump?Ms. Trump, 38, a former personal trainer and television producer who graduated from Emsley A. Laney High School in Wilmington and from North Carolina State University in Raleigh, has been floating herself as a possible Burr successor for months.Another Republican, former Representative Mark Walker, a Trump ally, has already announced his candidacy, and Pat McCrory, a Republican former governor, is considering one. Mark Meadows, the former North Carolina representative and former Trump chief of staff, is also said to be in the mix.“We are going to take a very long look at all the candidates versus, you know, some kind of coronation,” said Mark Brody, a member of the Republican National Committee from Union County, outside Charlotte.Doug Heye, a former Republican National Committee spokesman who used to work for Mr. Burr, questioned whether Ms. Trump was willing to endure the tussle and tedium of running or serving. “Many people love the speculation and the attention, but being senator is a lot of hard work,” he said.First, however, there is the question of her residence. Ms. Trump currently lives with her husband, Eric, and their children in the northern suburbs of New York City and would have to move back..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Then there is the less straightforward question of branding. The Trump family name is a wild card — it will be a plus with loyalists and fund-raising nationally, but it could be a liability in a battleground that the former president won by a mere 1.3 percentage points in 2020. There is also a possibility Ms. Trump’s candidacy could help increase Democratic turnout, especially among the state’s large Black population.Or it might be a wash.“There is a myth that Trump voters will come out for Trump candidates or family members,” said John Anzalone, a Democratic pollster and a veteran of campaigns in the South. “Cult members only come out in full force for the cult leader.”That Ms. Trump’s may-or-may-not-happen candidacy is generating buzz is, in itself, a reflection of the party’s anxiety over its future.Ms. Trump’s boosters, led by Mr. Graham, view her presence as a way to weaponize the backlash against Mr. Burr’s vote, seen as a betrayal sufficient to warrant a rebuke by the North Carolina G.O.P. over his “shocking and disappointing” decision.Others simply see Ms. Trump as a potentially well-funded candidate with the built-in advantage of sky-high name recognition.Representative Patrick McHenry, a Republican who represents the Greensboro area, downplayed the importance of Mr. Burr’s vote but said Ms. Trump would “be the odds-on favorite” if she runs.“No one comes close,” he said.Glenn Thrush contributed reporting.AdvertisementContinue reading the main story More

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      After the Speech: What Trump Did as the Capitol Was Attacked

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storyAfter the Speech: What Trump Did as the Capitol Was AttackedNew evidence emerged in the impeachment trial about what President Donald J. Trump did from roughly 1 to 6 p.m. the day of the Capitol attack. But many questions remain unanswered.President Donald J. Trump at a rally near the White House on Jan. 6, the day of the Capitol siege.Credit…Pete Marovich for The New York TimesMaggie Haberman and Feb. 13, 2021Updated 9:17 p.m. ETThe impeachment trial of former President Donald J. Trump largely focused on his actions leading up to the violent attack on the Capitol on Jan. 6. But there was a crucial period that day of nearly five hours — between the end of Mr. Trump’s speech at the Ellipse urging his supporters to march to the Capitol and a final tweet telling his followers to remember the day forever — that remains critical to his state of mind.Evidence emerged during the trial about what Mr. Trump was doing during those hours, including new details about two phone calls with lawmakers that prosecutors said clearly alerted the president to the mayhem on Capitol Hill. Prosecutors said the new information was clear proof of Mr. Trump’s intent to incite the mob and of his dereliction to stop the violence, even when he knew that the life of Vice President Mike Pence was in danger.Senator Mitch McConnell of Kentucky, the Republican leader who on Saturday voted to acquit Mr. Trump but offered a sweeping endorsement of the prosecutors’ case, backed them up: “There’s no question — none — that President Trump is practically and morally responsible for provoking the events of the day. No question about it.”Still, many crucial questions remain unanswered about the president’s actions and mood from roughly 1 to 6 p.m. Jan. 6. Here is what is known so far:Mr. Trump concluded his incendiary speech on the Ellipse at 1:11 p.m. He had repeatedly told the crowd that the election was stolen from him and urged his supporters to march to the Capitol in a last-ditch effort to stop President-elect Joseph R. Biden Jr.’s victory from being certified. Mr. Trump said twice that he would go with them. And days before the march, he had told advisers that he wanted to join his supporters, but aides told him that people in the crowd were armed and that the Secret Service would not be able to protect him.Six minutes later, Mr. Trump’s motorcade began heading back to the White House. He arrived there at 1:19 p.m. as the crowd was making its way up Pennsylvania Avenue and beginning to swarm around the Capitol. Television news footage showed the mob as it moved closer to the doors.At some point, Mr. Trump went to the Oval Office and watched news coverage of a situation that was growing increasingly tense.At 1:34 p.m., Mayor Muriel Bowser of Washington made a formal request for assistance in a phone call with the Army secretary, Ryan D. McCarthy. At 1:49 p.m., as the Capitol Police asked Pentagon officials for help from the National Guard, Mr. Trump tweeted a video of his incendiary rally speech.It was around this time that some of Mr. Trump’s allies publicly called on him to do something. Chris Christie, the former governor of New Jersey, told ABC News that Mr. Trump needed to say something to stop the rioting.At 2:12 p.m., the same moment that the mob breached the building itself, Mr. Pence — who had defied the president by saying he planned to certify Mr. Biden’s victory — was rushed off the Senate floor. A minute later, the Senate session was recessed. Two minutes after that, at 2:15 p.m., groups of rioters began to chant, “Hang Mike Pence!”Nine minutes later, at 2:24 p.m., Mr. Trump tweeted a broadside at Mr. Pence for moving ahead to certify Mr. Biden’s win: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”At 2:26 p.m., after Mr. Pence had been whisked away, a call was placed from the White House to Senator Mike Lee, Republican of Utah, according to call logs that the senator provided during the impeachment proceedings.The president had made the call, but he was actually looking for Senator Tommy Tuberville, Republican of Alabama. Mr. Lee gave the phone to Mr. Tuberville, who has told reporters that he informed Mr. Trump that Mr. Pence had just been escorted out as the mob got closer to the Senate chamber.“I said, ‘Mr. President, they just took the vice president out, I’ve got to go,’” Mr. Tuberville recounted to Politico.This was a significant new piece of information. House prosecutors used it to argue that Mr. Trump was clearly aware that the vice president was in danger and that he had a callous disregard for Mr. Pence’s safety. On Friday, Mr. Trump’s defense team had insisted that Mr. Trump was not aware of any peril facing Mr. Pence.Back at the White House, advisers were trying to get Mr. Trump to do something, but he rebuffed calls to intercede, including those from people wanting to see the National Guard deployed. The president, several advisers said, was expressing pleasure that the vote to certify Mr. Biden’s win had been delayed and that people were fighting for him.“According to public reports, he watched television happily — happily — as the chaos unfolded,” Mr. McConnell said on Saturday. “He kept pressing his scheme to overturn the election. Even after it was clear to any reasonable observer that Vice President Pence was in serious danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his own vice president.”Senator Lindsey Graham of South Carolina, a close Republican ally of the president’s, told The Washington Post that he called Ivanka Trump, Mr. Trump’s eldest daughter, to try to get her to reason with her father. Mark Meadows, the White House chief of staff, also called Ms. Trump to see if she could talk to her father. A short time later, she arrived in the Oval Office, urging Mr. Trump to issue a statement.The White House counsel, Pat A. Cipollone, hammered at Mr. Trump to understand that he had potential legal exposure for what was taking place.Finally, at 2:38 p.m., Mr. Trump tweeted, “Please support our Capitol Police and Law Enforcement. They are truly on the side of our Country. Stay peaceful!”A short time later, at 3:13 p.m., Mr. Trump added a note, “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence! Remember, WE are the Party of Law & Order – respect the Law and our great men and women in Blue. Thank you!”Ms. Trump quoted her father’s tweet when she sent out her own, telling “American Patriots” to follow the law. She quickly deleted it and replaced it when she faced blowback on Twitter for appearing to praise the rioters as “patriots.”Around 3:30 p.m., Representative Kevin McCarthy of California, the House Republican leader and another ally of Mr. Trump’s, told CBS News’ Norah O’Donnell that he had spoken that afternoon with Mr. Trump as the Capitol was under siege.“I told him he needed to talk to the nation,” Mr. McCarthy said. “I told him what was happening right then.”The call became heated, according to a Republican congresswoman, Representative Jaime Herrera Beutler of Washington State, who said that Mr. McCarthy told her that Mr. Trump had sided with the mob as the Capitol attack unfolded, suggesting he had made a choice not to stop the violence.In a statement on Friday night that was admitted into evidence in the trial on Saturday, Ms. Herrera Beutler recounted that Mr. McCarthy had a shouting match with Mr. Trump during the call.Mr. McCarthy had told Mr. Trump that his own office windows were being broken into. “Well, Kevin, I guess these people are more upset about the election than you are,” Mr. Trump said, according to a report by CNN that the congresswoman confirmed.“Who do you think you’re talking to?” Mr. McCarthy fired back at one point, CNN reported, including an expletive.Meanwhile, the violence continued. At 4:17 p.m., Mr. Trump posted a video on Twitter of him speaking directly to the camera in the Rose Garden. “I know your pain,” Mr. Trump said. “I know you’re hurt. We had an election that was stolen from us, it was a landslide election, and everyone knows it, especially the other side. But you have to go home now.”He added, “We have to have peace. We have to have law and order. We have to respect our great people in law and order. We don’t want anybody hurt.”The violence continued. Well before the Capitol Police announced at 8 p.m. that the building had been secured, Mr. Trump put out a final tweet at 6:01 p.m.: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”AdvertisementContinue reading the main story More

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      How Democrats Could Have Made Republicans Squirm

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      #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionKey TakeawaysTrump’s RoleGeorgia InvestigationExtremist Wing of G.O.P.AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow Democrats Could Have Made Republicans SquirmG.O.P. lawmakers were unlikely to convict Trump. But a different approach to impeachment would have been more difficult for them to ignore.Mr. McConnell, a former federal appeals court judge appointed by President George W. Bush, is a professor and the director of the Constitutional Law Center at Stanford Law School. He is the author, most recently, of “The President Who Would Not Be King: Executive Power Under the Constitution.”Feb. 13, 2021, 9:13 p.m. ETRepresentative Jamie Raskin, the lead impeachment manager, with colleagues after the Senate vote.Credit…Erin Schaff/The New York TimesProbably nothing could have moved enough Republican senators to vote to convict former President Donald Trump in his second impeachment trial.But the way the House chose to frame the article of impeachment made the prospect less likely. If the purpose of the proceeding was to produce a conviction and disqualification from future office, as opposed to mere political theater, the House should have crafted a broader and less legalistic set of charges.The sole article of impeachment was for “incitement of insurrection.” It focused on the afternoon of Jan. 6, when then-President Trump addressed an initially peaceful crowd of supporters and egged them on to go to the Capitol and to “fight like hell” against the recognition of an Electoral College victory for his opponent Joe Biden.Presumably, the drafters of the House impeachment resolution chose to frame their charge as incitement because this is an actual crime. The first impeachment of Mr. Trump was criticized (wrongly, in my view) for failing to allege a crime. But it is not necessary for an impeachment to be based on criminal conduct. As Alexander Hamilton explained in The Federalist No. 65, impeachment proceedings “can never be tied down by such strict rules” as “in the delineation of the offense by the prosecutors” in criminal trials. Rather, he said, the target of impeachment proceedings is “the abuse or violation of some public trust.”By charging Mr. Trump with incitement, the House unnecessarily shouldered the burden of proving the elements of that crime. This is not to say that senators may vote to convict only if those elements are proved, but that the terms of the impeachment article invited the defense to respond in the same legalistic terms presented by the House impeachment managers. They tried to broaden the focus during the trial, though not successfully.One element of the crime of incitement is the intent to induce imminent violence. The evidence shows that Mr. Trump was reckless and that violence was a foreseeable consequence of his incendiary speech, but a senator might reasonably conclude that it falls short of proving that he wanted his followers to assault members of Congress or to vandalize the Capitol.Moreover, the terms of the impeachment article opened the door for Mr. Trump’s defense team to play videos in which various Democrats said things that can be construed to encourage violence — a comparison that should be irrelevant but certainly muddied the waters.The House should have crafted its impeachment resolution to avoid a legalistic focus on the former president’s intent. This could have been done by broadening the impeachment article. The charges should have encompassed Mr. Trump’s use of the mob and other tactics to intimidate government officials to void the election results, and his dereliction of duty by failing to try to end the violence in the hours after he returned to the White House from the demonstration at the Ellipse.Whether or not Mr. Trump wanted his followers to commit acts of violence, he certainly wanted them to intimidate Vice President Mike Pence and members of Congress. That was the whole point of their “walk,” as Mr. Trump put it, to the Capitol. The mob was not sent to persuade with reasoning or evidence.Moreover, Mr. Trump’s actions on Jan. 6 were of a piece with attempts — nonviolent but no less wrongful — to intimidate other officials, such as Georgia’s secretary of state, to use their powers to thwart the election results. The Trump campaign had every opportunity to substantiate its claims of massive fraud in court and failed miserably to do so.By focusing the impeachment resolution on the charge of incitement of insurrection, the House made it easier for Mr. Trump’s supporters in the Senate to dismiss these acts of intimidation as irrelevant to the accusation on which they were voting.It should not be necessary to point out that the use of the presidential office to keep power after losing an election is the gravest possible offense against our democratic constitutional order — one that the authors of the Constitution specifically contemplated and sought to prevent. The violence of Jan. 6 was bad, but even if no one at the Capitol had been hurt that day, Mr. Trump’s attempts to mobilize a mob to impede the democratic process was still a high crime or misdemeanor.To make matters worse, Mr. Trump did nothing to stop the violence even when he was aware it was occurring. He did not deploy forces to the Capitol to put down the riot and protect members of Congress. He sent two messages to the rioters, but his appeals for peaceable behavior were tepid, and intermixed with words of support and affection for the rioters.Perhaps most egregious was his tweet that “Mike Pence did not have the courage to do what should have been done to protect our Country and our Constitution,” at a time when rioters were threatening to hang the vice president. We now know that a senator informed Mr. Trump of the danger to Mr. Pence — but Mr. Trump did not retract his tweet or lift a finger to protect Mr. Pence.This dereliction of his constitutional duty was wholly apart from any incitement and was an impeachable offense in itself. But it was not charged in the article of impeachment.It would be foolish to think that the vote on impeachment would come out differently if the charge had been differently framed. But if House was going to impeach, it should have framed the case to make it as difficult as possible for the Senate to acquit.It is far from clear that Mr. Trump incited the violence of Jan. 6 in a technical legal sense, but it is abundantly clear that he sought to intimidate members of Congress and other officials to block Mr. Biden’s election, and that he failed in his duty to do what he could to end the violence once it started. Those would be ample grounds for conviction, quite apart from whether Mr. Trump committed the crime of incitement.Michael W. McConnell, a former federal appeals court judge appointed by President George W. Bush, is a professor and the director of the Constitutional Law Center at Stanford Law School. He is the author, most recently, of “The President Who Would Not Be King: Executive Power Under the Constitution.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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      Republican Acquittal of Trump Is a Pivotal Moment for the Party

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsKey Takeaways From Day 5How Senators VotedTrump AcquittedAdvertisementContinue reading the main storySupported byContinue reading the main storypolitical memoRepublican Acquittal of Trump Is a Pivotal Moment for the PartyThe vote, signaling how thoroughly the party has come to be defined by the personality of one man, is likely to leave a blemish on the historical record. Donald J. Trump and Melania Trump at Joint Base Andrews last month before boarding Air Force One for the last time as president and first lady. Credit…Pete Marovich for The New York TimesFeb. 13, 2021Updated 8:29 p.m. ETDuring the first trial of Donald J. Trump, 13 months ago, the former president commanded near-total fealty from his party. His conservative defenders were ardent and numerous, and Republican votes to convict him — for pressuring Ukraine to help him smear Joseph R. Biden Jr. — were virtually nonexistent.In his second trial, Mr. Trump, no longer president, received less ferocious Republican support. His apologists were sparser in number and seemed to lack enthusiasm. Far fewer conservatives defended the substance of his actions, instead dwelling on technical complaints while skirting the issue of his guilt on the charge of inciting the Jan. 6 riot at the Capitol.And this time, seven Republican senators voted with Democrats to convict Mr. Trump — the most bipartisan rebuke ever delivered in an impeachment process. Several others, including Mitch McConnell, the minority leader, intimated that Mr. Trump might deserve to face criminal prosecution.Mr. McConnell, speaking from the Senate floor after the vote, denounced Mr. Trump’s “unconscionable behavior” and held him responsible for having given “inspiration to lawlessness and violence.”Yet Mr. McConnell had joined with the great majority of Republicans just minutes earlier to find Mr. Trump not guilty, leaving the chamber well short of the two-thirds majority needed to convict the former president. The vote stands as a pivotal moment for the party Mr. Trump molded into a cult of personality, one likely to leave a deep blemish in the historical record. Now that Republicans have passed up an opportunity to banish him through impeachment, it is not clear when — or how — they might go about transforming their party into something other than a vessel for a semiretired demagogue who was repudiated by a majority of voters.Mitch McConnell, the Senate minority leader, after voting to acquit Donald J. Trump in his impeachment trial. Credit…Anna Moneymaker for The New York TimesDefeated by President Biden, stripped of his social-media megaphone, impeached again by the House of Representatives and accused of betraying his oath by a handful of Republican dissenters, Mr. Trump nonetheless remains the dominant force in right-wing politics. Even offline and off camera at his Palm Beach estate, and offering only a feeble impeachment defense through his legal team in Washington, the former president continues to command unmatched admiration from conservative voters.Indeed, in a statement celebrating the Senate vote on Saturday, Mr. Trump declared that his political movement “has only just begun.”The determination of so many Republican lawmakers to discard the mountain of evidence against Mr. Trump — including the revelation that he had sided with the rioters in a heated conversation with the House minority leader, Kevin McCarthy — reflects how thoroughly the party has come to be defined by one man, and how divorced it now appears to be from any deeper set of policy aspirations and ethical or social principles.After campaigning last year on a message of law and order, most Republican lawmakers decided not to apply those standards to a former commander in chief who made common cause with an organized mob. A party that often proclaimed that “Blue lives matter” balked at punishing a politician whose enraged supporters had assaulted the Capitol Police. A generation’s worth of rhetoric about personal responsibility appeared to founder against the perceived imperative of accommodating Mr. Trump.Lanhee Chen, a Hoover Institution scholar and policy adviser to a number of prominent Republican officials, said the G.O.P. would need to redefine itself as a governing party with ambitions beyond fealty to a single leader.“When the conservative movement, when the Republican Party, have been successful, it’s been as a party of ideas,” Mr. Chen said, lamenting that much of the party was still taking a Trump-first approach.“Many Republicans are more focused on talking about him than about what’s next,” he said. “And that’s a very dangerous place to be.”In recent weeks, the party has been so submerged in internal conflict, and so captive to its fear of Mr. Trump, that it has delivered only a halting and partial critique of Mr. Biden’s signature initiatives, including his request that Congress spend $1.9 trillion to fight the coronavirus pandemic and revive the economy. Mr. Trump’s tenure as an agent of political chaos is almost certainly not over. The former president and his advisers have already made it plain that they intend to use the 2022 midterm elections as an opportunity to reward allies and mete out revenge to those who crossed Mr. Trump. And hanging over the party is the possibility of another run for the White House in three years.Trump supporters lined a street in West Palm Beach, Fla., as Mr. Trump’s motorcade headed to his Mar-a-Lago resort last month.Credit…Pete Marovich for The New York Times It remains to be seen how aggressively the party’s leadership will seek to counter him. Mr. McConnell has told associates that he intends to wage a national battle in 2022 against far-right candidates and to defend incumbents targeted by Mr. Trump.But by declining to convict Mr. Trump on Saturday, Mr. McConnell invited skepticism about how willing he might be to wage open war against Mr. Trump on the campaign trail.House Speaker Nancy Pelosi ridiculed Mr. McConnell for his ambivalent position after his floor speech, calling his remarks “disingenuous” and speculating that he had delivered them for the benefit of his financial backers who dislike Mr. Trump.The vote by Republicans to acquit Mr. Trump, she said in a statement, was among the “most dishonorable acts in our nation’s history.”Only a few senior Republicans have gone so far as to say that it is time for Mr. Trump to lose his lordly status in the party altogether. Representative Liz Cheney of Wyoming, the highest-ranking House Republican to support impeachment, said in a recent television interview that Mr. Trump “does not have a role as a leader of our party going forward.”Several of the Republican senators who voted for conviction on Saturday thundered against Mr. Trump after he was acquitted, in terms that echoed Ms. Cheney’s explanation last month of her own vote to impeach him.“By what he did and did not do, President Trump violated his oath of office to preserve, protect and defend the Constitution of the United States,” said Senator Richard Burr of North Carolina, a senior lawmaker who is close to Mr. McConnell.But the lineup of Republicans who voted for conviction was, on its own, a statement on Mr. Trump’s political grip on the G.O.P. Only Senator Lisa Murkowski of Alaska is up for re-election next year, and she has survived grueling attacks from the right before.The remainder of the group included two lawmakers who are retiring — Mr. Burr and Senator Pat Toomey of Pennsylvania — and three more who just won new terms in November and will not face voters again until the second half of the decade.More typical of the Republican response was that of Senator Bill Hagerty of Tennessee, a Trump loyalist serving his first term. The trial, he said on Saturday, was merely “a political performance” aimed at undermining a “successful” chief executive.In Washington, a quiet majority of Republican officials appears to be embracing the kind of wishful thinking that guided them throughout Mr. Trump’s first campaign in 2016, and then through much of his presidency, insisting that he would soon be marginalized by his own outrageous conduct or that he would lack the discipline to make himself a durable political leader.Several seemed to be looking to the criminal justice system as a means of sidelining Mr. Trump. Senator Thom Tillis of North Carolina, who voted for acquittal, noted in a statement, “No president is above the law or immune from criminal prosecution, and that includes former President Trump.”Prosecution may not be a far-fetched scenario, given that Mr. Trump is facing multiple investigations by the local authorities in Georgia and New York into his political and business dealings.But passing the buck has seldom paid off for Mr. Trump’s adversaries, who learned repeatedly that the only sure way to rein him in was to beat him and his legislative proxies at the ballot box. That task has fallen almost entirely to Democrats, who captured the House in 2018 to put a check on Mr. Trump and then ejected him from the White House in November.Still, Senator Kevin Cramer of North Dakota, a longtime Trump ally who has been critical of the former president since the November election, told reporters in the Capitol on Friday that he believed Mr. Trump would be weakened by the impeachment trial, even if the Senate opted not to convict him. (Mr. Cramer, who also called the trial “the stupidest week in the Senate,” voted for acquittal.)“He’s made it pretty difficult to gain a lot of support,” Mr. Cramer said of Mr. Trump. “Now, as you can tell, there’s some support that will never leave, but I think that is a shrinking population and probably shrinks a little bit after this week.”An even more categorical prognosis came from Ms. Murkowski.“I just don’t see how Donald Trump will be re-elected to the presidency again,” Ms. Murkowski said.“I just don’t see how Donald Trump will be re-elected to the presidency again,” said Senator Lisa Murkowski of Alaska, a Republican who is up for re-election in 2022.Credit…Alyssa Schukar for The New York TimesIf that projection seems anchored more in hope than in experience, there are good reasons for Republicans to root for Mr. Trump’s exit from the political stage. He is intensely unpopular with a majority of the electorate, and polls consistently found that most Americans wanted to see him convicted.Even in places where Mr. Trump retains a powerful following, there is a growing recognition that the party’s loss of the White House and the Senate in 2020, and the House two years before that, did not come about by accident.In Georgia, the site of some of the party’s most stinging defeats of the 2020 campaign, Jason Shepherd, a candidate for state party chair, said he saw the G.O.P. as grappling with the kind of identity crisis that comes periodically with “a loss after you’ve had a big personality leading the party,” likening Mr. Trump’s place in the party to that of Ronald Reagan.Republicans, Mr. Shepherd said, had to find a way to appeal to the voters Mr. Trump brought into their coalition while communicating a message that the G.O.P. is “bigger than Donald Trump.” But he acknowledged that the next wave of candidates was already looking to the former president as a model.“Republicans are trying to position themselves as the next Donald Trump,” he said. “Maybe, in terms of personality, a kinder and gentler Donald Trump, but someone who will stand up to the left and fight for conservative principles that do unite Republicans.”AdvertisementContinue reading the main story More