The case for Senate conviction of Donald Trump
Not convicting the former president will be far more destructive than convicting him
With the U.S. Senate hearing on the article of impeachment for former President Trump this week, a number of people including senators, representatives and others are suggesting it is either unconstitutional or ineffective to convict a nonsitting president of impeachable offenses. The real argument seems to be just the opposite. If we examine the impeachment process and its potential impacts, it seems clear not convicting the former president will be far more destructive than convicting him. Failure to convict Trump for his clearly impeachable actions provides a greater threat to constitutional democracy and reunification of our starkly divided country than holding him accountable for his post 2020 election actions. Let’s argue the facts.
Convicting a non-sitting president of impeachable offenses is constitutional. The Constitution makes no mention of whether a president must be in office to be convicted by the Senate. It does say that judgments in cases of impeachment are limited to removal from office and disqualification to hold any future “office of honor, trust or profit under the United States.” Clearly, since Trump is already out of office, a conviction by the Senate could not remove him, but it could prevent him from ever running for federal office again . ... Though removing him from office is a moot point, preventing him from holding any federal office in the future certainly deserves honest reflection and consideration by senators on both sides of the aisle.
Convicting Donald Trump sets an important precedent . ... If the House impeachment managers present substantive and viable evidence during the Senate hearing, then failing to convict Trump will set an extremely dangerous precedent. Future presidents, judges or other officials serving in the executive and judicial branches will be able to commit impeachable offenses during the final months of their terms with impunity. They will be able to spread false information that blatantly contradicts proven facts, intimidate and coerce others to create fraudulent data, overturn verified and certified votes that reflect the will of the majority, promote hate-based groups and inflame them to plan and engage in acts of violence and domestic terrorism, and even commit seditious and potentially treasonous acts against the government and the people of the United States without fear of consequences. Should the Senate hold the (former) leader of the free world exempt from having to answer for actions committed during his term as president, they will set a precedent that may, indeed, be the first concrete step toward ending democratic governance in the USA.
Very few of us want to be in this situation. We do not want to see our former president on trial for acts of sedition. We do not want to see our senators potentially betray the United States by putting their own political ambitions or allegiances ahead of our democracy. What we do want is to heal from this rancorous and divisive period in our history, and that healing requires accountability. We want every member of the Senate to uphold the oath of office in which they swore to safeguard our democracy. We want members of the Senate to prove their allegiance to truth and justice for all by holding Trump accountable for his lies and his incitement to violence. The only way for the Senate to do that is to hand down a conviction that prevents former President Trump from ever seeking federal office again.
Charna Lefton is a former federal civil service employee with more than 25 years experience working for federal agencies in both domestic and overseas assignments. She has an extensive background as a congressional liaison both as a former federal employee and as the co-chair of Indivisible 505, a local chapter of the national grassroots activist organization Indivisible.