Power Playing

   So why did Sen. Mitch McConnell vote to acquit Donald Trump if he already knew he was guilty of inciting the insurrection on January 6?
   Answer: To maintain his own grip on power as leader of Republicans in the Senate.
   Seven Republican senators voted guilty, a record for opposition party members in a presidential impeachment trial. But of those seven, four were recently re-elected to six-year terms in the Senate, so their jobs were safe, and three are retiring, so voting no didn't matter.
   The final score was 54 guilty votes, but 67 were needed for a two-thirds majority.

Not Guilty -- But

   The U.S. Senate failed to reach the two-thirds vote needed to convict Donald Trump for offenses committed while in office, so he was thereby acquitted of the charges against him.
   However, Senate Minority Leader Mitch McConnell strongly criticized the former president for his behavior, and pointed out that Trump still faces potential criminal and civil charges of inciting the assault on the Capitol building January 6 in an effort to stop the electoral vote count that would certify the presidency of his successor Joe Biden.
   McConnell used the rationale that Trump was no longer in office, therefore impeachment was pointless. But he did slam the former president's behavior, in effect encouraging civil and criminal authorities to file charges against him.
   Now that Trump no longer has the support of the political leader of the Republican Party, the likelihood that he will succeed in any future effort to achieve public office is diminished.
   Moreover, if Trump is convicted of criminal charges that he incited the riot, that would severely harm any attempt to be elected to anything. In addition, he still faces various charges that have already been filed against him.
   

Pound the Table

   Lawyers often follow this axiom: When you have facts on your side, argue the facts. When you have the law on your side, argue the law. When you have neither, pound the table.
   The opening remarks of the defense team today in the Senate impeachment trial of Donald Trump amounted to table pounding. The case against the former president offered hours of video and background on just how he provoked his supporters into storming the capitol to prevent counting and certification of the electoral votes that turned him out of office.
   The single charge against him is incitement of insurrection, and House managers spent two days detailing the evidence. Today, the ex-president's lawyers began their defense by pounding the table and alleging that there was no evidence to support the charges.
   Separately, three senators met yesterday with the defense team to discuss the case and decide on defense strategy. Commentators pointed out that the three senators are not only jurors in the case, but also witnesses to the incident that brought on the charges. For them to also participate in the defense is therefore highly questionable.
   However, this is not a legal matter, but political. The worst that can happen in an impeachment case is that the accused is ousted from office and prevented from seeking another. The first part is moot, but if the president is acquitted (for the second time) he will be able to seek the presidency again in four years.
   In addition, any allegations against an official who is ousted through impeachment can still be pursued in the courts. In this case, criminal and civil court actions against the now former president are already under way in state courts, and potentially could be filed in federal courts.