USA TODAY International Edition

McConnell: Trump’s “crescendo of conspiracy theories” caused the Jan. 6 riot, the minority leader says, moments after voting to acquit.

Senator votes to acquit because term had ended

- Ledyard King and Savannah Behrmann Contributi­ng: William Cummings

WASHINGTON – Senate Minority Leader Mitch McConnell said former President Donald Trump’s “crescendo of conspiracy theories” caused the Jan. 6 Capitol insurrecti­on but said he voted to acquit the 45th president because the Constituti­on does not permit the Senate to punish someone no longer in office.

What the Kentucky Republican barely mentioned during his roughly 20- minute speech on the Senate floor is that his own decision to not call the chamber into session last month meant that Biden would be sworn in as the 46th president before Trump’s trial could begin.

“This body is not invited to act as the nation’s overarchin­g moral tribunal,” McConnell said, adding that if Trump had still been in office, McConnell may have “carefully” considered to convict him.

After the House impeached Trump on Jan. 13, McConnell said he would not call back the Senate before lawmakers were set to return Jan. 19 unless every senator agreed to do so. Critics say that decision made a verdict before Biden’s inaugurati­on on Jan. 20 impossible.

On Saturday, McConnell defended the Senate’s decision “not to entertain some light- speed sham process to try to outrun the loss of jurisdicti­on.”

“It took both sides more than a week just to produce the pretrial briefs,” he said. “Speaker ( Nancy) Pelosi’s own scheduling decisions conceded what President Biden publicly confirmed: A Senate verdict before Inaugurati­on Day was never possible.”

In a news conference after the Senate vote, Pelosi said it was “pathetic” for McConnell to have “kept the Senate shut down” and unable to receive the article of impeachmen­t.

Seven fellow GOP senators disagreed with McConnell, opting to joining every Democrat in voting to find Trump guilty Saturday by a 57- 43 vote. It was not enough to convict, which requires two- thirds of the chamber. Democrats pursued conviction because it would have allowed the Senate to pass a resolution barring Trump from ever holding federal office again.

In his speech Saturday on the Senate floor, the normally staid McConnell did not mince words about the former president.

He said Trump is “practicall­y and morally responsibl­e” for the insurrecti­on on Jan. 6. He said Trump’s supporters were “assaulting the Capitol in his name” and “carried his banners” while “screaming their loyalties to him.”

Where the rioters’ loyalties rested “was obvious,” McConnell said. He said the riot was unsurprisi­ng given the lies Trump had fed to his supporters about the election being stolen.

“This was an intensifyi­ng crescendo of conspiracy theories orchestrat­ed by an outgoing president who seemed determined to either overturn the voters’ decision or else torch our institutio­ns on the way out.”

But McConnell explained that in his view, the Senate has a “specific task,” and he does not believe that included convicting a former president.

McConnell had the opportunit­y to call senators back from their recess and start the trial while Trump was in office, however, even if it wasn’t going to be completed before Biden assumed office.

After the House impeached Trump, McConnell issued a statement Jan. 13 saying the Senate trial would not be rushed and concluded.

“There is simply no chance that a fair or serious trial could conclude before President- elect Biden is sworn in next week,” the Kentucky Republican said.

On Saturday, McConnell said there was no legal basis to convict Trump because the conviction requires removal from office “and that mandatory sentence cannot be applied to someone who’s left office.”

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