Trump acquitted, denounced in historic second impeachment trial

The Senate clerk reads the impeachment charge to senators
The Senate clerk reads the impeachment charge to senators before they vote during the second impeachment trial of former President Donald Trump in the Senate at the U.S. Capitol in Washington on Saturday.
Senate Television via AP

Updated: 10 p.m.

Donald Trump was acquitted Saturday of inciting the horrific attack on the U.S. Capitol, concluding a historic second impeachment trial that spared him the first-ever conviction of a U.S. president but exposed the fragility of America’s democratic traditions -- and left a divided nation to come to terms with the violence sparked by his defeated presidency.

The vote was 57-43 in favor of conviction, short of the required two-thirds majority. Seven Republicans broke from their party and joined all Democrats to vote in favor of finding Trump guilty.

The Republicans voting to find Trump guilty were 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 Patrick Toomey of Pennsylvania.

Minnesota Sens. Tina Smith and Amy Klobuchar joined all their Democratic colleagues in supporting conviction.

“The facts and the evidence were overwhelming — former President Donald Trump lied for months to his supporters, summoned them to Washington, and incited a violent insurrection against our government and our democracy,” Smith said in a written statement issued after the vote. “I voted to convict because no reasonable person could believe this would have happened without his betrayal.”

Just weeks after the deadly Jan. 6 riot that stunned the world, the Senate convened for a rare Saturday session to deliver its verdict, voting while armed National Guard troops continued to stand their posts outside the iconic building.

The quick trial, the nation’s first of a former president, showed how perilously close the invaders had come to destroying the nation's deep tradition of a peaceful transfer of presidential power after Trump had refused to concede the election. Rallying outside the White House, he unleashed a mob of supporters to “fight like hell” for him at the Capitol just as Congress was certify Democrat Joe Biden’s victory. As hundreds stormed the building, some in tactical gear engaging in bloody combat with police, lawmakers fled for their lives. Five people died.

Saturday's verdict is all but certain to influence not only the former president's political future but that of the senators sworn to deliver impartial justice as jurors.

The outcome after the uprising leaves unresolved the nation’s wrenching divisions over Trump's brand of politics that led to the most violent domestic attack on one of America's three branches of government.

“Senators, we are in a dialogue with history, a conversation with our past, with a hope for our future,” said Rep. Madeleine Dean, D-Pa.., one of the House prosecutors in closing arguments.

“What we do here, what is being asked of each of us here in this moment will be remembered."

Trump, unrepentant, welcomed the his second impeachment acquittal and said his movement “has only just begun.” He slammed the trial as “yet another phase of the greatest witch hunt in the history of our Country.”

Though he was acquitted, it was easily the largest number of senators to ever vote to find a president of their own party guilty of an impeachment charge.

Even after voting to acquit, the Republican leader Mitch McConnell condemned the former president as "practically and morally responsible" for the insurrection. Trump could not be convicted because he was out of office, McConnell contended.

In a statement issued several hours after the verdict, Biden highlighted the bipartisan nature of the vote to convict as well as McConnell's strong criticism of Trump. In keeping with his stated desire to see the country overcome its divisions, Biden said everyone, especially the nation's leaders, have a duty “to defend the truth and to defeat the lies.”

“That is how we end this uncivil war and heal the very soul of our nation. That is the task ahead. And it’s a task we must undertake together,” said Biden, who had hardly weighed in on the proceedings during the week.

The trial had been momentarily thrown into confusion when senators Saturday suddenly wanted to consider potential witnesses, particularly concerning Trump's actions as the mob rioted. Prolonged proceedings could have been especially damaging for Biden's new presidency, significantly delaying his emerging legislative agenda. Coming amid the searing COVID-19 crisis, the Biden White House is trying to rush pandemic relief through Congress.

The nearly weeklong trial delivered a grim and graphic narrative of the riot and its consequences in ways that senators, most of whom fled for their own safety that day, acknowledge they are still coming to grips with.

Lead impeachment manager Rep. Jamie Raskin
Lead impeachment manager Rep. Jamie Raskin, D-Md., speaks on the third day of former President Donald Trump's second impeachment trial at the U.S. Capitol on Thursday in Washington, D.C.
Photo by congress.gov via Getty Images

House prosecutors argued that Trump’s was the "inciter in chief" stoking a months-long campaign, and orchestrated pattern of violent rhetoric and false claims they called the “big lie” that unleashed the mob. Five people died, including a rioter who was shot and a police officer.

Trump’s lawyers countered that Trump’s words were not intended to incite the violence and that impeachment is nothing but a “witch hunt” designed to prevent him from serving in office again.

The senators, announcing their votes from their desks, were not only jurors but also witnesses. Only by watching the graphic videos — rioters calling out menacingly for House Speaker Nancy Pelosi and Vice President Mike Pence, who was presiding over the January certification tally — did some senators say they began to understand just how perilously close the country came to chaos.

Many senators kept their votes closely held until the final moments on Saturday, particularly the Republicans representing states where the former president remains popular. Most of them ultimately voted to acquit, doubting whether Trump was fully responsible or if impeachment is the appropriate response.

“Just look at what Republicans have been forced to defend,” said Senate Majority Leader Chuck Schumer. “Look at what Republicans have chosen to forgive.”

The second-ranking Republican, Sen. John Thune of South Dakota, acknowledged afterward, “It’s an uncomfortable vote. I don’t think there was a good outcome there for anybody."

In closing arguments, lead defense attorney Michael van der Veen fell back on the procedural argument that Republican senators have embraced in their own reasoning of the case what he said is a “phony impeachment show trial.”

“Mr. Trump is innocent of the charges against him,” said Michael van der Veen. “The act of incitement never happened.”

The House impeached trump on the sole charge of incitement of insurrection one week after the riot, the most bipartisan vote of a presidential impeachment.

The delay Saturday came as senators wanted to hear evidence about Trump's actions during the riot.

Fresh stories overnight focused on Rep. Jaime Herrera Beutler of Washington state, who said in a statement late Friday that Trump rebuffed a plea from House Republican leader Kevin McCarthy to call off the rioters.

Several Republican senators voted to consider witnesses. Lindsey Graham of South Carolina changed his vote to join them on that 55-45 vote.

But facing a prolonged trial with defense poised to call many more witnesses, the situation was resolved when Herrera Beutler’s statement about the call was read aloud into the record for senators to consider as evidence. As part of the deal, Democrats dropped their planned deposition and Republicans abandoned their threat to call their own witnesses.

Impeachment trials are rare, with senators meeting as the court of impeachment over a president only four times in the nation's history, for Andrew Johnson, Bill Clinton and now twice for Trump, the only one to be twice impeached.

Unlike last year’s impeachment trial of Trump in the Ukraine affair, a complicated charge of corruption and obstruction over his attempts to have the foreign ally dig up dirt on then-campaign rival Biden, this one brought an emotional punch displayed in graphic videos of the siege that laid bare the unexpected vulnerability of the democratic system.

At the same time, this year's trial carried similar warnings from the prosecutors pleading with senators that Trump must be held accountable because he has shown repeatedly he has no bounds. Left unchecked, he will further test the norms of civic behavior, even now that he is out of office still commanding loyal supporters.

“This trial in the final analysis is not about Donald Trump,” said lead prosecutor Rep. Jamie Raskin, D-Md. "This trial is about who we are.”

MPR News contributed to this report.

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