San Francisco Chronicle - (Sunday)

7 senators break GOP ranks — total falls 10 short of conviction

- By Nicholas Fandos

WASHINGTON — A Senate still bruised from the most violent attack on the Capitol in two centuries acquitted former President Donald Trump on Saturday in his second impeachmen­t trial, as all but a few Republican­s locked arms to reject a case that he incited the Jan. 6 rampage in a lastditch attempt to cling to power.

Under the watch of National Guard troops still patrolling the historic building, a bipartisan majority voted to find Trump guilty of the House’s single charge of incitement of insurrecti­on. They included seven Republican­s, more members of a president’s party than have ever returned an adverse verdict in an impeachmen­t trial.

But with most of Trump’s

party coalescing around him, the 5743 tally fell 10 votes short of the twothirds majority needed to convict him and to allow the Senate to move to disqualify him from holding future office.

The Republican­s breaking ranks to find guilty the man who led their party for four tumultuous years, demanding absolute loyalty, were Sens. Richard Burr of North Carolina, Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Patrick Toomey of Pennsylvan­ia.

The verdict brought an abrupt end to the fourth presidenti­al impeachmen­t trial in U.S. history, and the only one in which the accused had left office before being tried. But it was unlikely to be the final word for Trump, his badly divided party, or the sprawling criminal and congressio­nal investigat­ions into the assault.

It left behind festering wounds in Washington and around the nation after a 39day stretch unlike any in the nation’s history — encompassi­ng a deadly riot at the Capitol, an impeachmen­t of one president, the inaugurati­on of another and a rancorous trial in the Senate.

It took only five days to reach a verdict, partly because Democrats and Republican­s were united in their desire to avoid a prolonged proceeding and partly because Trump’s allies made clear before it even began that they were not prepared to hold him responsibl­e. Most of the jury of senators had themselves witnessed the events that gave rise to the charge, having fled for their own lives, along with the vice president, as the mob closed in last month while they met to formalize President Biden’s victory.

Party leaders and even the president’s most loyal supporters in the Senate did not defend his actions — a monthslong campaign, seeded with election lies, to overturn his decisive loss to Biden that culminated when Trump told thousands of his supporters to “fight like hell,” and they did. Instead, in the face of a meticulous case brought by nine House prosecutor­s, they found safe harbor in technical arguments that the trial itself was not valid because Trump was no longer in office.

But their overriding political calculatio­n was clear. After party leaders briefly entertaine­d using the process to purge Trump from their ranks, Republican­s doubled down on a bet made five years ago: that it was better not to stoke another open confrontat­ion with a man millions of their voters still singularly embrace.

Sen. Mitch McConnell, RKy., the minority leader, embodied the tortured balancing act, denouncing Trump on Saturday minutes after voting to acquit him for a “disgracefu­l derelictio­n of duty.” In blistering remarks from the Senate floor, McConnell, who had openly considered voting to convict Trump, effectivel­y argued that he was guilty as charged, while arguing that there was nothing the Senate could do about it.

“There is no question — none — that President Trump is practicall­y and morally responsibl­e for provoking the events of the day,” McConnell said. “The leader of the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feign surprise when people believe him and do reckless things.”

But McConnell argued that Trump could not be convicted once he had left office. McConnell said the only way to punish him now was through the criminal justice system. Trump, he said, “didn’t get away with anything yet.”

Minutes after the verdict, Trump, barred from Twitter, broke an uncharacte­ristic silence he had maintained during the trial with a defiant statement issued from his postpresid­ential home in Florida, calling the proceeding “yet another phase of the greatest witch hunt in the history of our country.”

He expressed no remorse for his actions and strongly suggested that he planned to continue to be a force in politics for a long time to come.

“In the months ahead I have much to share with you, and I look forward to continuing our incredible journey together to achieve American greatness for all of our people,” Trump said.

The not guilty verdict left him free to run for office again, but it remained unclear whether he could recover after he became the first president to seriously threaten the peaceful transfer of power. Public polling suggests Republican­s have pulled their support in droves since the events of last month, but an acquittal is likely to empower Trump with the party’s activist base and further stoke the party’s gaping divisions. Democrats condemned the verdict but intended to quickly turn Washington’s focus to the new president’s ambitious legislativ­e agenda and the coronaviru­s pandemic passing grim new milestones each day. The outcome promised to leave Biden, who took office pledging to “end this uncivil war,” with the monumental task of moving the nation past one of its most violent and turbulent chapters since the 19th century.

But that did not mean party leaders were willing to forgo a potential political advantage. House Speaker Nancy Pelosi, DSan Francisco, quickly batted down the idea of a bipartisan censure resolution, saying it would let “cowardly senators” off the hook and constitute “a slap in the face of the Constituti­on.”

“Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidenti­al nominee and standardbe­arer,” Sen.

Chuck Schumer, DN.Y., the minority leader, said moments after the vote. “Just look at what has happened. Look at what Republican­s have been forced to defend. Look at what Republican­s have chosen to forgive.”

The vote came hours after the trial briefly dissolved into chaos when House prosecutor­s made, then dropped, a surprise demand for witnesses who could reveal what the former president was doing as the assault unfolded.

Instead, the two legal teams agreed to admit as evidence a written statement by a Republican congresswo­man who has said she was told that the former president sided with the mob as rioters were attacking the Capitol — and to move on.

With the outcome a foregone conclusion, the trial itself became an illuminati­ng and cathartic act for history, clarifying the scope of the violence that occurred, how close the rioters had come to Vice President Mike Pence, the House and Senate, and its chilling consequenc­es.

It could scarcely have been more different than Trump’s first trial a year ago. Then, the House tried to make its case around an esoteric plot to pressure Ukraine to smear Biden, and it failed largely on party lines.

But over five days this week, the House managers put forward in harrowing detail an account of a horror that had played out in plain sight. Using graphic video and sophistica­ted visual aids, they made clearer than ever before how close the armed mob had come to a dangerous confrontat­ion with Pence and the members of the House and the Senate.

 ?? J. Scott Applewhite / Associated Press ?? Senate Minority Leader Mitch McConnell, RKy. (center), voted not guilty in the impeachmen­t trial, but said former President Donald Trump was “practicall­y and morally responsibl­e” for the insurrecti­on.
J. Scott Applewhite / Associated Press Senate Minority Leader Mitch McConnell, RKy. (center), voted not guilty in the impeachmen­t trial, but said former President Donald Trump was “practicall­y and morally responsibl­e” for the insurrecti­on.
 ?? Doug Mills / New York Times ?? Donald Trump responded to the acquittal by saying the trial was the continuati­on of a “witch hunt.”
Doug Mills / New York Times Donald Trump responded to the acquittal by saying the trial was the continuati­on of a “witch hunt.”
 ?? Win McNamee / Getty Images ?? Impeachmen­t manager Rep. Jamie Raskin, DMd., answers questions from the media after the vote.
Win McNamee / Getty Images Impeachmen­t manager Rep. Jamie Raskin, DMd., answers questions from the media after the vote.

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