The Impeachment Trial, All Five Days
The most memorable event of 2021 so far—for me—has been the Second Impeachment of Donald Trump. I watched, by my calculations, 85% of the impeachment hearings of late 2019 and the trial in early 2020. I believe I caught 90% of this trial (mornings on NPR, afternoons on CNN or MSNBC) plus, of course, I watched hours of discussion on TV.
The radio hosts had the challenging task of occasionally interspersing or talking over the proceedings with descriptions and explanations, while television coverage was presented basically without commentary until the adjournment for the day. Although both CNN and MSNBC have excellent hosts and guest panelists, I found that I appreciated MSNBC more. The coverage featured interesting sidebars, such as facts about whoever was speaking. I quite like the immediate post-program with Nicolle Walker moderating panel discussions.
If you watched any of this trial, you noticed some differences with the first impeachment trial. This is because the Senate, which serves as jury, also makes the rules of how the trial will proceed. The first trial featured six House Managers (the prosecution), whereas this time there were nine (although I don’t think all spoke). In last year’s trial, the senators could get up and make statements or ask questions. This time, instead, there were two lawyers representing Trump’s defense. (I was relieved about this, as I had such unpleasant memories of Sen. Jim Jordan, a vile man whom I wouldn’t mind seeing fall off a cliff.)
The Tuesday session was devoted to the question of whether it was legally appropriate for the Senate to try an ex-president for something he did while in office. Each side had two hours. The House Managers started off with an amazing video compilation of scenes from the riot and break-in at the Capitol Building on January 6th. Many of these video clips had not been shown before. Some were from ABC and the New Yorker, others were taken by participants in the riot, who had posted them online. They were thus even more shocking than what we’d seen before, and left Senators stunned. The House Managers’ speeches were convincing. The defense attorneys seemed unprepared—unsurprising, as they had been working for Trump only a short time, his other defense team having quit a week before the trial. (Why? Evidently, it was because they did not want to argue that the election was fraudulent, as Trump claimed. In the end, the new pair of lawyers felt exactly the same, and did not assert that the election was fraudulent.) The defense lawyers’ arguments were widely critiqued and spoofed in cartoons for being rambling and incoherent.
The Senate consists of 50 Republicans, 48 Democrats, and 2 Independents, but the Independents are generally included with the Democratic votes. It was known that five Republications favored the impeachment. The only surprise was that one more Republican senator voted that the impeachment trial was legal and constitutional, so the vote was 56 to 44. For this action, only a simple majority was needed, so the trial could take place.
On Wednesday and Thursday, the House Managers used most of their allotted sixteen hours; they showed more videos and spoke forcefully and movingly about what had happened and Trump’s role in it. I’m not sure if any speakers equaled the eloquence of Adam Schiff in the first impeachment trial (some commentators agreed with me that his closing speech was one of the greats), but they were all impressive. Especially so was Stacey Plaskett, who is actually a nonvoting delegate to Congress from the U.S. Virgin Islands (I did not know such a position existed, did you?). Seeing the videos moved many Senators who had, after all, actually been there and been whisked out of the chambers. The Managers urged a guilty vote because a person like Trump should not be allowed to run for public office again.
On Friday, the defense team used less than three hours of their possibly sixteen, spending a good deal of that time declaring that Trump’s words did not incite the rioters, and that politicians and other people use words like “fight” all the time.
Saturday was for closing arguments and questions. The House Managers reiterated that it was not merely Trump’s words on January 6th that led to the rioters breaking into the Capitol. For months before the November election, he had proclaimed that the only way he would lose would be if there was fraud. (To this day, he has not conceded the election; he has not admitted that he was defeated.) The question and answer session was not really very interesting, as Senators crafted leading questions that would allow the desired response (you know, along the lines of “Isn’t it true that….?”).
The only surprise was that one additional senator voted Guilty. That made seven, but as you know, in such a trial two-thirds must vote guilty, so Trump was acquitted. It is generally agreed that if the vote had been a secret ballot, at least two-thirds would have voted Trump guilty, but most senators are afraid of Trump’s loyal base. They figure they’ll never get re-elected if they vote against him. !! And indeed, it has come to pass: all of them have been censured by the Republican Party in their own states. Of the seven, only one (Lisa Murkowski of Alaska) will be up for re-election in 2022. The others have terms that expire later; they evidently hope that the voters will change their attitudes.