Second Impeachment: Incitement of Insurrection — Impeached, Then Acquitted on Technicality

Overview

A majority of the U.S. Senate voted that Donald Trump was guilty of incitement of insurrection. 57 senators voted to convict. Seven Republicans crossed the aisle.

He was acquitted because the two-thirds supermajority required for conviction — a bar designed to prevent the removal of presidents on narrow partisan votes — was not reached.

The Republican who provided political cover for acquittal — Mitch McConnell — then stood at the Senate lectern and said Trump was "practically and morally responsible for provoking the events of the day."

The Jurisdiction Vote

Before the substantive trial, senators voted on whether the Senate had jurisdiction to try a former president. 56 senators — including six Republicans — voted yes. This meant the subsequent acquittal was a minority position on the merits.

The senators who voted that the Senate lacked jurisdiction and then voted to acquit were, in effect, using a procedural argument they had already been told by a majority of the Senate was wrong to justify their acquittal votes.

McConnell's Statement

The statement McConnell made after his acquittal vote deserves its own place in the record. He said Trump's conduct had been "a disgraceful dereliction of duty." He said Trump's "unconscionable" behavior had continued "for hours" while the Capitol was attacked. He said Trump was "practically and morally responsible" for the attack.

Then he explained that he had voted to acquit because Trump had left office before the trial began.

He had the power, as Senate Majority Leader, to schedule the trial before Trump left office. He declined to do so.