The Senate voted to acquit former President Donald Trump of the charge that he incited the Jan. 6 attack on the U.S. Capitol, ending a weeklong attempt by Democrats to block the former president from ever seeking higher office again.
In a 57-43 vote, seven Republicans voted to convict the president in a historic second impeachment trial. But it was short of the 17 GOP senators who were needed to join all 50 Democrats in order to convict Trump, with a two-thirds majority as required by the Constitution. Republican 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 Pat Toomey of Pennsylvania voted to convict Trump.
The vote followed a five-day impeachment trial featuring riveting video evidence and a last-minute fight over whether to call new witnesses.
But Democrats ultimately decided to forgo extending the trial indefinitely with new witnesses and evidence, which will clear the legislative schedule for their agenda and a new coronavirus aid package.
Nine House Democratic impeachment managers made the case that Trump’s actions after the Nov. 3 election and leading up to the Jan. 6 attack on the Capitol incited an angry throng of his supporters to attack the Capitol. They argued that Trump failed to do anything to call off the attack, even after he became aware of the ensuing violence and mayhem at the Capitol.
His actions, impeachment managers said, put in grave danger members of Congress and Vice President Mike Pence, who was presiding over the Senate that day.
His speech and inaction following the attack merited conviction and a ban from future public office, Democrats argued.
“Trump incited a mob,” Rep. David Cicilline, a Rhode Island Democrat, argued. “He not only incited it but continued inciting it as it occurred. And then willfully refused to defend, us furthering this provocation.”
Trump’s defense lawyers offered closing arguments that undercut the Democrats’ case that Trump intended to incite the violence and said that the attack was premeditated and pre-planned by violent actors.
“It proves that his words are not what set this into motion,” Trump defense attorney Michael van der Veer said.
Van der Veer argued that impeaching Trump would set a precedent that could set off future partisan impeachments.
Van der Veer said that the senators had no right to put Trump on trial because he is no longer in office. Senators voted to reject that argument on Tuesday, but van der Veer made the case again in his closing argument.
“This has been perhaps the most unfair and flagrantly unconstitutional proceeding in the history of the United States Senate,” he argued.
Trump himself on Saturday was unapologetic after he was acquitted on the impeachment article.
“My deepest thanks as well to all of the United States Senators and Members of Congress who stood proudly for the Constitution we all revere and for the sacred legal principles at the heart of our country,” the former president said in a statement. “It is a sad commentary on our times that one political party in America is given a free pass to denigrate the rule of law, defame law enforcement, cheer mobs, excuse rioters, and transform justice into a tool of political vengeance, and persecute, blacklist, cancel and suppress all people and viewpoints with whom or which they disagree.”
The verdict followed days of competing video footage.
Democrats showed the Capitol under attack with dramatic video from smartphones and security cameras and wove it with Trump’s speeches and tweets calling on supporters to fight for him to remain in office and “stop the steal.”
Trump argued election irregularities and fraud cost him the election and wanted Congress and Pence to block the certification of Biden’s victory.
Trump’s lawyers played their own video of different prominent Democrats using “fight” and other rhetoric and showing their support for the summer civil unrest that left cities burned and dozens dead.
Saturday’s session was almost extended indefinitely after impeachment managers surprised lawmakers with a vote on calling new witnesses.
But after about an hour of negotiations, impeachment managers agreed to a deal that would not lead to new witnesses.
Instead of calling witnesses, lead impeachment manager Jamie Raskin read a statement from Rep. Jamie Herrera Beutler, a Washington Republican who disclosed her knowledge of the conversation between Trump and McCarthy, a California Republican.
Herrera Beutler, in a statement Friday, said she has disclosed many times over the past month her knowledge of the McCarthy-Trump conversation.
“When McCarthy finally reached the president on Jan. 6 and asked him to publicly and forcefully call off the riot,” Herrera Beutler said, “the president initially repeated the falsehood that it was antifa that had breached the Capitol. McCarthy refused that and told the president that there were Trump supporters. That’s when, according to McCarthy, the president said, ‘Well Kevin, I guess these people are more upset about the election than you are.’”
The House impeached for the second time in his presidency on Jan. 13, while still in office, with the help of 10 Republicans, including Herrera Beutler.
Trump’s acquittal Saturday came about a year after the Senate acquitted him on two impeachment articles charging him with corruption and obstruction of Congress.
Sen. Mitt Romney was the sole Republican last year to vote to convict Trump on one of the impeachment charges.
Earlier Saturday, Senate Minority Leader Mitch McConnell, a Kentucky Republican, told fellow GOP lawmakers he would vote to acquit Trump in part because the trial took place after Trump left office on Jan. 20.
