Can the Senate Kill Impeachment Before It Reaches Them

vii Senate Republicans vote 'guilty,' the about bipartisan margin in favor of conviction in history.

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Trump Acquitted of Inciting Coup

The Senate voted to conduct former president Donald J. Trump of the "incitement of coup" accuse in the deadly riot at the Capitol, with 57 guilty votes, 10 shy of the number necessary to convict the quondam president.

"Trump supported the actions of the mob, and and then he must exist bedevilled. It's that unproblematic. When he took the stage on Jan. vi, he knew exactly how flammable the situation was. He knew there were many people in the crowd who were prepare to jump into activity, to appoint in violence at any indicate that he needed them to fight like hell to 'stop the steal," and that's exactly what he told them to practise. Then he aimed them straight hither, right down Pennsylvania, at the Capitol, where he told them the steal was occurring. That is the counting of the Electoral Higher votes. And we all know what happened side by side. They attacked this building. They disrupted the peaceful transfer of power. They injured and killed people, convinced that they were interim on his instructions and with his blessing and protection. And while that happened, he farther incited them while failing to defend us. If that'south not ground for conviction, if that's non a high crime and misdemeanor confronting the republic in the United States of America, and then zip is. President Trump must be convicted for the safety and security of our democracy and our people." "The stakes could not be higher. Considering the common cold, hard truth is that what happened on Jan. 6 can happen again. I fear, like many of you do, that the violence nosotros saw on that terrible solar day may be just the starting time. We've shown y'all the ongoing risks, the extremist groups, who grow more emboldened every day. Senators this cannot be the beginning. It can't be the new normal. It has to be the cease. And that determination is in your hands." "This trial is near whether Mr. Trump willfully engaged in incitement of violence and fifty-fifty insurrection against the United States, and that question they have posed in their article of impeachment has to be fix up against the law of this country. No affair how much truly horrifying footage we come across of the conduct of the rioters and how much emotion has been injected into this trial, that does not change the fact that Mr. Trump is innocent of the charges against him. Despite all of the video played, at no point in their presentation did you hear the firm managers play a single case of Mr. Trump urging anyone to appoint in violence of whatever kind. At no point did you hear anything that could ever possibly be construed equally Mr. Trump encouraging or sanctioning an coup. Senators, yous did not hear those tapes because they exercise non exist." "The question is on the article of impeachment. Senators: How say y'all? Is the respondent Donald John Trump guilty or not guilty?" "The yays are 57. The nays are 43. Two-thirds of the senators present not having voted guilty, the Senate judges that the respondent, Donald John Trump, former president of the United States, is not guilty as charged in the articles of impeachment."

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The Senate voted to acquit quondam president Donald J. Trump of the "incitement of insurrection" charge in the mortiferous riot at the Capitol, with 57 guilty votes, 10 shy of the number necessary to convict the former president. Credit Credit... Anna Moneymaker for The New York Times

The U.s. Senate voted on Sabbatum to acquit Donald J. Trump in his 2d impeachment trial, as Republicans in a Senate still bruised from the well-nigh violent attack on the Capitol in two centuries banded together to reject the charge that he incited the Jan. 6 assail.

Voting 57-43, the Senate roughshod 10 votes brusque of the two-thirds necessary for conviction. Seven Republicans voted to observe the onetime president guilty of "incitement of coup," with all 50 Democrats, the almost bipartisan support for conviction in whatever of the 4 presidential impeachments in U.S. history.

That outcome reflected the widespread outrage nearly Mr. Trump'south conduct amongst senators who experienced the violence of the attack firsthand, fleeing for rubber as marauders overwhelmed the Capitol Police and swarmed the Capitol during the set on. Information technology came afterwards Democrats congenital a instance that the former president had undertaken a monthslong effort to overturn the election, and and so provoked the assault on the Capitol in a final-ditch attempt to cling to ability.

"If that is not footing for conviction, if that is not a high crime and misdemeanor confronting the Republic and the Us of America, then nothing is," Representative Jamie Raskin, Democrat of Maryland and the pb managing director, pleaded with senators before the vote. "President Trump must be convicted, for the prophylactic and democracy of our people."

Minutes after the verdict was announced, Mr. Trump sent out a statement thanking his legal team and decrying, as he did for most of his presidency, the "witch chase" he says is beingness waged upon him by his enemies.

"It is a distressing commentary on our times that one political party in America is given a gratis laissez passer to denigrate the dominion of law, defame law enforcement, cheer mobs, excuse rioters, and transform justice into a tool of political vengeance, and persecute, blacklist, abolish and suppress all people and viewpoints with whom or which they disagree," he wrote, echoing the final arguments of his lawyers in the Senate on Sat.

"I always have, and ever will, be a champion for the unwavering dominion of police force, the heroes of law enforcement, and the correct of Americans to peacefully and honorably debate the issues of the day without malice and without detest."

He besides suggested that the Democrats' attempt to cease his political career had also failed, telling his supporters, "our historic, patriotic and beautiful move to Make America Great Again has only just begun."

The verdict brought an precipitous terminate to the fourth presidential impeachment trial in American history, and the only one in which the defendant had left office before being tried. The senators were voting on a question with no precedent in American history: whether to convict a former president accused of seeking to violently thwart the peaceful transfer of power — and putting at risk the lives of hundreds of lawmakers and his own vice president.

The trial ended afterwards simply five days, partly considering Republicans and Democrats akin had picayune ambition for a prolonged proceeding, and partly because Mr. Trump's allies had made articulate before information technology even began they were non prepared to hold him responsible.

So ends a 39-mean solar day stretch dissimilar any in the nation's history. Dispensing with the customary investigations and hearings, the House moved direct to impeach Mr. Trump seven days after the assault, citing an urgent demand to remove him from office. Ten Republicans joined Democrats to adopt the accuse, more had ever supported the impeachment of a president of their party.

In a surprise twist on Sabbatum, the House managers made an abrupt need to hear from witnesses who could testify to what Mr. Trump was doing and proverb during the rampage. The Senate voted to let it, merely the prospect threatened to prolong the trial past days or weeks without changing the issue, and in a head-spinning move, the prosecutors quickly dropped it.

After a flurry of closed-door haggling with Republicans, they agreed with Mr. Trump's lawyers to acknowledge every bit testify a written statement by a Republican congresswoman, Representative Jaime Herrera Beutler of Washington, who has said she was told that the former president sided with the mob as rioters were attacking the Capitol.

'These criminals were carrying his banners.' McConnell castigates Trump for provoking the Capitol riot minutes after voting to conduct him.

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McConnell Votes to Acquit but Rebukes Trump

Senator Mitch McConnell, the minority leader, said that onetime President Donald J. Trump was "practically and morally responsible" for the Jan. half-dozen set on on the Capitol merely that he was non technically eligible to be impeached.

Quondam President Trump's actions preceded the riot were a disgraceful, disgraceful dereliction of duty. There's no question, none, that President Trump is practically and morally responsible for provoking the events of the day. No question about it. The people who stormed this building believed they were interim on the wishes and instructions of their president. And having that conventionalities was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories and reckless hyperbole, which the defeated president kept shouting into the largest megaphone on planet Earth. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him. It was obvious that simply President Trump could end this. He was the simply 1 who could. Former aides publicly begged him to do so. Loyal allies aimlessly chosen the administration. The president did not deed swiftly. He did not do his job. He didn't take steps so federal law could be faithfully executed and order restored. No, instead, according to public reports, he watched television happily. Happily. If President Trump were still in part, I would accept carefully considered whether the House managers proved their specific charge. But in this case, the question is moot because former President Trump is constitutionally not eligible for conviction.

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Senator Mitch McConnell, the minority leader, said that former President Donald J. Trump was "practically and morally responsible" for the Jan. vi assail on the Capitol but that he was non technically eligible to be impeached. Credit Credit... Anna Moneymaker for The New York Times

Minutes after voting to acquit Donald J. Trump on Saturday, Senator Mitch McConnell, Republican of Kentucky and the minority leader, castigated the former president for what he called a "disgraceful dereliction of duty," pinning responsibility for last calendar month'southward Capitol assault directly on Mr. Trump.

In a spoken language more baking than many of those in favor of conviction, Mr. McConnell said the former president had shouted "wild myths" nearly election fraud into the "the largest megaphone on planet earth" with foreseeable consequences. Congress and the American public paid the price, he added.

It was a stunning statement from a leader who has defended Senate prerogatives zealously, in which he effectively argued that Mr. Trump was guilty as charged, just the Senate could practice nothing about it.

"At that place is no question — none — that President Trump is practically and morally responsible for provoking the events of the day," he said. "The people that stormed this edifice believed they were acting on the wishes and instructions of their president. And having that belief was a foreseeable consequence of the growing crescendo of faux statements, conspiracy theories and reckless hyperbole."

Merely even equally he condemned Mr. Trump, Mr. McConnell said his reading of the Constitution was that the Senate should not endeavour a erstwhile president. He chosen impeachment a "narrow tool" meant to remove an official from function, not pursue them afterward.

Democrats were furious, pointing out that their vote to impeach came while Mr. Trump remained in office and that it was Mr. McConnell who refused to call the Senate dorsum into session to start the trial before he left function. Simply Mr. McConnell said that fifty-fifty if he had, in that location would not have been time to reach a verdict in the final days of Mr. Trump'due south term.

The harshly worded speech appeared to be something of a compromise for Mr. McConnell, the most powerful Republican in Washington, who has come to despise the 45th president he aided and accommodated for four years and now regards Mr. Trump equally a danger to his political party.

Mr. McConnell had considered voting to captive the former president as a means of purging him from the party, merely allies said he concluded he could not practically, every bit leader, side with a minority of his colleagues rather than the overwhelming number who said the trial was invalid and voted to acquit. Instead, he used every ounce of his rhetorical force to effort to damage Mr. Trump's brownie with his own political party.

When the Capitol attack was underway, Mr. McConnell said, Mr. Trump abdicated his responsibility as commander in chief, and later on, he refused to drop his baseless election lies.

"Any reaction he says he meant to produce by the afternoon, we know he was watching the aforementioned live television receiver as the residue of us," Mr. McConnell said. "A mob was assaulting a Capitol in his name. These criminals were conveying his banners, hanging his flags and screaming their loyalty to him."

He added: "He did non do his task. He did not have steps so federal constabulary could be faithfully executed and society restored. No, instead, according to public reports, he watched television happily — happily — equally the chaos unfolded."

Mr. McConnell besides rejected ane of Mr. Trump's lawyers' most explicit defenses: that his words had been no unlike from those of whatsoever other political leader advocating a cause.

"That is different from what nosotros saw," he said.

Notably, he argued that information technology was up to the criminal justice system to hold former presidents to account for their conduct in role. Mr. Trump, he said, "didn't get away with anything yet."

Biden, responsible for moving the country past crisis, emphasizes unity after the verdict.

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Credit... Anna Moneymaker for The New York Times

President Biden said late Sabbatum that while quondam President Donald J. Trump had been acquitted of inciting last month's anarchism at the Capitol, "the substance of the charge is not in dispute."

He pointed out that fifty-fifty Republicans who did not vote to convict Mr. Trump had criticized his behavior, including Senator Mitch McConnell, the minority leader, who said later the vote on Sabbatum that the sometime president was guilty of "a disgraceful dereliction of duty."

Mr. Biden went on to express gratitude for "those who bravely stood baby-sit that January solar day" equally Trump supporters stormed the Capitol building, also equally Democrats and Republicans "who demonstrated the backbone to protect the integrity of our democracy." Election officials from both parties strongly disputed Mr. Trump'due south baseless claims of fraud, and judges — some of them appointed past Mr. Trump — rejected warrantless legal challenges.

"This sad chapter in our history has reminded united states of america that democracy is fragile," Mr. Biden said. "That information technology must always exist defended. That violence and extremism has no place in America. And that each of united states of america has a duty and responsibility equally Americans, and especially as leaders, to defend the truth and defeat the lies."

Other leading Democrats turned their ire toward their Republican counterparts. Speaker Nancy Pelosi quickly batted downward the idea of a bipartisan censure resolution, proverb it would let "cowardly senators" off the hook and plant "a slap in the face up of the Constitution."

"Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidential nominee and standard-bearer," Senator Chuck Schumer, Democrat of New York and the majority leader, said moments after the vote. "Just look at what has happened. Look at what Republicans have been forced to defend. Look at what Republicans have chosen to forgive."

Mr. Biden had mostly distanced himself from the particulars of the trial, with a notable exception on Thursday, when he declared that a graphic video of the January. 6 anarchism at the Capitol that was shown during the trial might have changed "some minds." As Congress was consumed by the trial this weekend, Mr. Biden was at the Camp David presidential retreat in Maryland.

Aides said that Mr. Biden'southward plan next week was to return the country's focus to fighting the coronavirus and its economical fallout. They accept scheduled a televised town hall in Wisconsin on Wednesday focusing on his pandemic response, followed by a trip to Michigan on Th to tour a vaccine production facility.

On Lord's day, the third anniversary of the school shooting in Parkland, Fla., Mr. Biden issued a statement honoring the young victims and their loved ones, who "like far also many families — and, indeed, like our nation — they've been left to wonder whether things would ever be OK."

He added: "We will take action to stop our epidemic of gun violence and brand our schools and communities safer. Today, I am calling on Congress to enact common-sense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of state of war on our streets. We owe information technology to all those we've lost and to all those left behind to grieve to make a change."

Hither are the seven Republicans who voted to convict Trump.

7 Republican senators voted on Saturday to convict former President Donald J. Trump in the most bipartisan vote for a presidential impeachment conviction in United States history. The margin still fell 10 votes curt of the 2-thirds needed to notice him guilty.

Who are the seven senators? Only i — Lisa Murkowski — is up for re-election next year, and she has survived attacks from the right before. Two are retiring, and three won new terms in November, and so they volition not face voters until 2026.

Richard M. Burr of North Carolina

Mr. Burr, 65, a senator since 2005, is not seeking re-ballot in 2022. Despite property Mr. Trump immediately responsible for the Capitol anarchism, he had voted against moving forrad with the impeachment trial, and his decision to convict came as a surprise.

"As I said on Jan. vi, the president bears responsibility for these tragic events," Mr. Burr said in a statement on Saturday. "The bear witness is compelling that President Trump is guilty of inciting an insurrection against a coequal branch of government and that the charge rises to the level of high crimes and misdemeanors. Therefore, I have voted to convict."

Bill Cassidy of Louisiana

Mr. Cassidy, 63, a senator since 2015, was just re-elected. Weeks ago, he voted against moving forrard with the trial, just said he was persuaded by the Business firm impeachment managers.

"Our Constitution and our country is more important than any 1 person," Mr. Cassidy said. "I voted to convict President Trump because he is guilty."

Susan Collins of Maine

Ms. Collins, 68, a senator since 1997, was just re-elected to a fifth term. She has long been critical of Mr. Trump's actions, extending to the Capitol riot.

"That set on was not a spontaneous outbreak of violence," Ms. Collins said on the Senate floor after the vote. "Rather information technology was the culmination of a steady stream of provocations by President Trump that were aimed at overturning the results of the presidential ballot."

Lisa Murkowski of Alaska

Ms. Murkowski, 63, a senator since 2002, is up for re-election in 2022. She has appeal for both Democrats and independents and won a write-in campaign in 2010 after losing the Republican primary. She has harshly criticized Mr. Trump's actions earlier and during the Capitol rampage, calling his bear "unlawful."

"Information technology's not almost me and my life and my job," Ms. Murkowski told a Politico reporter who asked about the political risk she took with her vote. "This is really about what nosotros stand for. If I can't say what I believe that our president should stand for, so why should I enquire Alaskans to stand up with me?"

Mitt Romney of Utah

Mr. Romney, 73, a senator since 2019, is the simply Republican to have voted to convict Mr. Trump in his first impeachment trial. A former presidential candidate, he made clear afterward the Capitol attack that he held Mr. Trump responsible.

"President Trump attempted to corrupt the ballot by pressuring the secretary of land of Georgia to falsify the election results in his state," Mr. Romney said in a argument on Sat. "President Trump incited the coup against Congress by using the power of his office to summon his supporters to Washington on Jan. 6 and urging them to march on the Capitol during the counting of electoral votes. He did this despite the obvious and well-known threats of violence that twenty-four hour period. President Trump besides violated his adjuration of office past failing to protect the Capitol, the vice president and others in the Capitol. Each and every one of these conclusions compels me to support conviction."

Ben Sasse of Nebraska

Mr. Sasse, 48, a senator since 2015, was just re-elected. He has been a frequent critic of Mr. Trump and had signaled that he was open up to convicting the former president.

"On election night 2014, I promised Nebraskans I'd always vote my conscience even if information technology was against the partisan stream," Mr. Sasse said in a statement. "In my offset spoken communication hither in the Senate in November 2015, I promised to speak out when a president — even of my own party — exceeds his or her powers. I cannot go back on my word, and Congress cannot lower our standards on such a grave matter, simply because it is politically user-friendly."

Patrick J. Toomey of Pennsylvania

Mr. Toomey, 59, a senator since 2011, is not seeking re-election in 2022. He had denounced Mr. Trump's conduct; in a statement on Saturday, he said had decided during the trial that the former president deserved to exist establish guilty.

"I listened to the arguments on both sides," Mr. Toomey said, "and I thought the arguments in favor of conviction were much stronger."

Democrats cited Trump'south failure to halt the rioters in their summation. His lawyers accused them of 'impeachment lust.'

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Credit... Erin Schaff/The New York Times

After days of calling out quondam President Donald J. Trump actions, Firm Democrats summed upwards their instance by accusing him of impeachable inaction — his unwillingness to stop the mob that killed, maimed and clawed at the centre of American republic in his proper noun.

"Think for a moment, just a moment, of the lives lost that twenty-four hour period — of the more than 140 wounded," said Representative Joe Neguse, Democrat of Colorado and one of the House impeachment managers. "Enquire yourself if, as before long equally this had started, President Trump had simply gone onto TV, just logged onto Twitter, and said end the attack. How many lives would nosotros have saved?"

The Democrats' tone throughout the accelerated trial, soft-spoken and emotional, represented a hit contrast with the angry, high-book riposte of Mr. Trump's defense team whose fiery final argument was inspired, and perhaps instigated by, the former president.

"Senators, do not allow House Democrats have this maniacal crusade any further," said Michael T. van der Veen, who emerged as the almost outspoken member of Mr. Trump's legal team.

"You do not take to indulge the impeachment lust, the dishonesty, and the hypocrisy," added Mr. van der Veen, whose earlier statements prompted Senator Pat Leahy of Vermont, who presided over the trial, to phone call for civility on both sides. "Information technology is time to bring this unconstitutional political theater to an end."

Even if acquittal seemed preordained throughout the long closing arguments on Saturday, exoneration did not; Senator Mitch McConnell of Kentucky, the minority leader, called his not-guilty vote "a close phone call," and many Republicans, while ultimately siding with Mr. Trump'due south arguments, seemed impressed past the prove and empathy of the Democratic impeachment managers.

Representative Jamie Raskin, who was grieving the recent suicide of his son Tommy, 25, at the fourth dimension of assault on the Capitol on Jan. half-dozen, offered sympathy to the families of those hurt or killed as a outcome of the set on, a cost that includes the suicides of ii police officers in the aftermath.

"We must recognize and practise these crimes against our nation so we must take intendance of our people and our children, their hearts and their minds," he said. "Equally Tommy Raskin used to say, it's difficult to be human. Many of the Capitol and Metropolitan Police force officers and guardsmen and women who were beaten upwards past the mob likewise have kids."

The Democrats seemed to have a far more than sophisticated understanding of the senatorial mind-prepare than Mr. Trump's team.

In his summation, Mr. van der Veen implored senators, a group that prides itself on existence steeped in history and conversant with the nation's smashing documents, "to read the Constitution."

Mr. Neguse offered a barbed lecture of his ain. Merely his was subconscious in a reference to Mr. McConnell'south hero, a young man Kentuckian, Representative John Sherman Cooper, who braved a political backlash to support civil rights legislation in the 1960s.

"We've ever risen to the occasion when it mattered the near, non by ignoring injustice or cowering to bullies and threats, but by doing the right thing," he said of Mr. Cooper.

After acquitting Trump, the Republican Party moves forward in his paradigm.

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Credit... Doug Mills/The New York Times

During the kickoff trial of Donald J. Trump, the former president commanded near-full fealty from his party. His conservative defenders were ardent and numerous, and Republican votes to captive him — for pressuring Ukraine to help him smear Joseph R. Biden Jr. — were about nonexistent.

But this time, seven Republican senators voted with Democrats to captive Mr. Trump — the nigh bipartisan rebuke ever delivered in an impeachment process. Several others, including Mitch McConnell, the minority leader, intimated that Mr. Trump might deserve to face criminal prosecution.

Mr. McConnell, speaking from the Senate floor later on the vote, denounced Mr. Trump's "unconscionable beliefs" and held him responsible for having given "inspiration to lawlessness and violence."

Yet Mr. McConnell had joined with the neat majority of Republicans just minutes earlier to find Mr. Trump not guilty.

The vote stands every bit a determinative moment for the party Mr. Trump molded into a cult of personality, one probable to leave a deep blotch in the historical record. Now that Republicans accept passed up an opportunity to banish him through impeachment, it is not clear when — or how — they might become nigh transforming their party into something other than a vessel for a semiretired demagogue who was repudiated past a majority of voters.

Yet Mr. Trump remains the dominant force in right-wing politics.

Indeed, in a statement celebrating the Senate vote on Sat, Mr. Trump declared that his political move "has only only begun."

The lineup of Republicans who voted for conviction was, on its ain, a statement on Mr. Trump'due south political grip on the party. Just Senator Lisa Murkowski of Alaska is up for re-election next year, and she has survived grueling attacks from the right before.

The remainder of the group included two lawmakers who are retiring — Senator Richard 1000. Burr of Northward Carolina and Senator Pat Toomey of Pennsylvania — and three more who just won new terms in Nov and will non face up voters again until the 2nd half of the decade.

In Washington, a repose majority of Republican officials appears to be embracing the kind of wishful thinking that guided them throughout Mr. Trump'southward kickoff campaign in 2016, and then through much of his presidency, insisting that he would soon exist marginalized by his ain outrageous conduct or that he would lack the bailiwick to make himself a durable politico.

Several seemed to exist looking to the criminal justice arrangement equally a means of sidelining Mr. Trump. Mr. Trump is facing multiple investigations by the local authorities in Georgia and New York into his political and business dealings.

Fifty-fifty in places where Mr. Trump retains a powerful following, there is a growing recognition that the political party's loss of the White House and the Senate in 2020, and the House 2 years before that, did not come nearly past accident — and that simply candidature as the Political party of Trump is not probable to be sufficiently appealing to win back command of Congress next year.

Impeachment has provided the virtually comprehensive business relationship to appointment of what happened on January. 6.

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Credit... Jason Andrew for The New York Times

The pure savagery of the mob that rampaged through the Capitol that day was breathtaking. One law officer lost an eye, another the tip of his finger. Still another was shocked so many times with a Taser gun that he had a heart attack.

They suffered croaky ribs and multiple concussions. At to the lowest degree 81 members of the Capitol force and 65 members of the Metropolitan Police Department were injured, not even counting the officer killed that day or two others who subsequently died by suicide. Some officers described it as worse than when they served in combat in Iraq.

And through it all, President Donald J. Trump served as the inspiration if not the catalyst. Fifty-fifty as he addressed a rally beforehand, supporters could be heard on the video responding to him by shouting, "Take the Capitol!" Then they talked about calling the president at the White House to report on what they had done.

If cypher else, the Senate impeachment trial has served at to the lowest degree ane purpose: It stitched together the most comprehensive and chilling business relationship to date of concluding month's deadly assault on the Capitol.

Yet for all the heart-pounding narrative of that day and the weeks leading up to it presented on the Senate floor, what was also striking later on information technology was all over was how many questions remained unanswered on issues like the financing and leadership of the mob, the extent of the coordination with extremist groups, the breakdown in security and the failure in various quarters of the regime to heed intelligence warnings of pending violence.

So, most especially, what the president was doing in the hours that the Capitol was being ransacked.

The Trump camp has never provided a definitive and official account of the old president's cognition or deportment during the attack. But advisers speaking on the condition of anonymity accept told reporters that he was initially pleased, not disturbed, that his supporters had disrupted the election count and that he never reached out to Vice President Mike Pence to check on his safety even after Mr. Pence was evacuated from the Senate sleeping room.

What really struck some senators, especially the scattering of Republicans open to conviction, is what Mr. Trump did next — or what he did not do. Despite pleas from Mr. McCarthy, other allies, key aides and his daughter Ivanka Trump, the president was still more focused on pressing his effort to block the election than coming to the assist of his vice president and Congress.

Matthew Rosenberg , Mark Mazzetti and Michael Southward. Schmidt contributed reporting.

A federal research into the Capitol anarchism may keep damning details in the headlines for months.

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Credit... Doug Mills/The New York Times

The Senate's acquittal of former President Donald J. Trump at his 2d impeachment trial will hardly be the last or decisive discussion on his level of culpability in the assault on the Capitol terminal month.

While the Justice Department officials examining the rash of crimes committed during the anarchism have signaled that they do non plan to make Mr. Trump a focus of the investigation, the volumes of testify they are compiling may eventually give a clearer — and peradventure more damning — motion-picture show of his role in the assail.

Case files in the investigation have offered signs that many of the rioters believed, that they were answering Mr. Trump's call on Jan. 6. The inquiry has as well offered evidence that some pro-Trump extremist groups, concerned about fraud in the election, may have conspired together to programme the coup.

"If this was a conspiracy, Trump was the leader," said Jonathan Zucker, the lawyer for Dominic Pezzola, a fellow member of the far-right Proud Boys group who has been charged with obstructing constabulary officers guarding the Capitol.

As the sprawling investigation goes on — quite likely for months or even years — and newly unearthed evidence brings continual reminders of the riot, Mr. Trump may suffer farther harm to his dilapidated reputation, complicating whatsoever post-presidential ventures. Already, about a dozen suspects have explicitly blamed him for their office in the rampage — a number that volition most probable rise every bit more arrests are made and legal strategies develop.

Some defendants, court papers show, said they went to Washington because Mr. Trump encouraged them to exercise and then, while others said they stormed the Capitol largely because of Mr. Trump'due south appeal to "fight like hell" to overturn the ballot. One man — charged with assaulting the police — defendant the former president of beingness his accomplice: In contempo court papers, he described Mr. Trump as "a de facto unindicted co-conspirator" in his case.

Legal scholars have questioned the viability of faulting Mr. Trump in cases connected to the Capitol attack, noting that defendants would accept to prove not merely that they believed he authorized their actions, but as well that such a belief was reasonable.

The efforts to arraign Mr. Trump are, of class, a calculated legal defense and may not work to exonerate them of crimes committed at the Capitol, even if they were inspired past Mr. Trump's words.

What we know about Trump's calls to Republicans as rioters marauded through the Capitol.

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Credit... Anna Moneymaker for The New York Times

The back-and-forth in the Senate on Saturday over calling witnesses in the impeachment trial of Donald J. Trump put a spotlight on the former president'southward calls to Republican allies as the rampage unfolded, leaving his vice president, Mike Pence, scrambling for safety.

Republicans and Democrats have sparred over the details. Here's what we know so far:

Mr. Trump sided with protesters in a call to Representative Kevin McCarthy of California, the minority leader, according to a Republican congresswoman.

Representative Jaime Herrera Beutler, Republican of Washington, confirmed belatedly Friday evening that Mr. McCarthy told her that Mr. Trump said in a phone call during the rampage that the rioters were "more upset" virtually the election than Mr. McCarthy was.

Why it matters: If her business relationship, which the prosecutors and defense force team agreed on Sat to admit as evidence, is accurate, the call would disprove the cadre of Mr. Trump's defense — that he pleaded for "peaceful" protestation. It would also suggest that Mr. Trump's failure to stop the violence was a calculated pick, and a outcome of his conventionalities that the rioters were aiding in his endeavor to overturn the election.

Senator Tommy Tuberville of Alabama said he told Mr. Trump that Mr. Pence was in danger.

Mr. Tuberville, a staunch Trump supporter elected to represent Alabama in 2020, told reporters last calendar week that Mr. Trump called him at the height of the riot, and that he informed the president that the Secret Service had just "taken the vice president out" of the Capitol to salvage him from the mob.

When asked how Mr. Trump reacted to the news, the old Auburn football coach told reporters on Friday, "I don't remember."

Why it matters: Mr. Trump's defense team has claimed the president did not know Mr. Pence was in danger, without specifying a timeline of when he plant out. On Friday, i of Mr. Trump lawyers, Michael T. van der Veen, called the business relationship of Mr. Tuberville — ane of Mr. Trump'south most dogged defenders — "hearsay," likening information technology to a rumor overheard "the dark before at a bar somewhere."

Senator Mike Lee of Utah turned over testify establishing the exact time of Mr. Trump's call to Mr. Tuberville at 2:26 p.chiliad.

Mr. Trump mistakenly chosen Mr. Lee, a Trump ally from Utah, when he was trying to track down Mr. Tuberville. On Sat, Mr. Lee gave lawyers on both sides a copy of a log of his cellphone calls — and forcefully repeated his claim that Mr. Trump was calling Mr. Tuberville and non him.

Why it matters: Two minutes earlier the call, at ii:24 p.m., Mr. Trump attacked Mr. Pence on Twitter for "non having "the courage to exercise what should have been done."

At 2:39 p.g. — nearly 10 minutes after Mr. Tuberville told him of the dire plight of Mr. Pence and lawmakers — Mr. Trump finally asked his followers to bear in a "peaceful" way.

He did not explicitly ask them to get out the building until he posted a video doing so at 4:17 p.yard.

Georgia prosecutors will scrutinize Trump allies like Graham and Giuliani.

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Credit... Nicole Craine for The New York Times

Fani T. Willis, the top prosecutor in Fulton Canton, Ga., is targeting former President Donald J. Trump and a range of his allies in her newly appear investigation into ballot interference.

Ms. Willis and her role take indicated that the investigation, which she revealed this calendar week, will include Senator Lindsey Graham's November phone phone call to Brad Raffensperger, Georgia'south secretary of state, about post-in ballots; the abrupt removal final month of Byung J. Pak, the U.S. attorney for the Northern District of Georgia, who earned Mr. Trump's enmity for non advancing his debunked assertions nigh ballot fraud; and the false claims that Rudolph W. Giuliani, the president'south personal lawyer, fabricated before land legislative committees.

"An investigation is like an onion," Ms. Willis told The New York Times in an interview. "You never know. You pull something back, and and then you find something else."

She added, "Anything that is relevant to attempts to interfere with the Georgia ballot volition exist field of study to review."

Kevin Bishop, a spokesman for Mr. Graham, said that he had not had whatsoever contact with Ms. Willis's office. The Washington Mail service get-go reported that the probe would include Mr. Graham'southward telephone phone call.

Mr. Giuliani did not answer to a asking for comment.

Jason Miller, a spokesman for Mr. Trump, has called the Georgia investigation "the Democrats' latest endeavour to score political points."

The activity of Mr. Trump is central to the Georgia inquiry, particularly his phone call last month to Mr. Raffensperger, during which Mr. Trump asked him to "discover" votes to erase the former president's loss in the land.

Ms. Willis, whose jurisdiction encompasses much of Atlanta, laid out an array of possible criminal charges in recent letters to state officials and agencies asking them to preserve documents, providing a partial map of the potential exposure of Mr. Trump and his allies.

Mr. Trump's calls to country officials urging them to subvert the election, for instance, could run afoul of a Georgia statute dealing with criminal solicitation to commit ballot fraud, one of the charges outlined in the messages. If that charge is prosecuted as a felony, it is punishable by at least a yr in prison house.

Ms. Willis, 49, is a veteran prosecutor who has carved out a centrist record. She said in the interview that her decision to proceed with the investigation "is really not a pick — to me, it's an obligation."

"Each D.A. in the land has a certain jurisdiction that they're responsible for," she added. "If an declared crime happens inside their jurisdiction, I think they have a duty to investigate it."

Van der Veen, a Trump lawyer, erupts at Democrats, drawing a call for 'civil discourse.'

Epitome

Credit... Brandon Bell for The New York Times

On Saturday morning, the Senate echoed with what had become, by Mean solar day five of quondam President Donald J. Trump'southward impeachment trial, a familiar audio: the raised vox of Mr. Trump's nearly combative and animated defense lawyer, Michael T. van der Veen.

Mr. van der Veen erupted after House impeachment managers fabricated a last-minute request to phone call a Republican congresswoman, Jaime Herrera Beutler of Washington, as a witness — via video call — afterwards she claimed cognition of statements by Mr. Trump in which he sided with the mob that attacked the Capitol.

The exchange became so heated that the trial's presiding officer, Senator Patrick J. Leahy, Democrat of Vermont, admonished Mr. van der Veen and others to observe the sleeping room's rules of decorum. The scolding came shortly afterward Mr. Leahy had issued a similar warning when Democrats laughed at the defense lawyer.

The testy back-and-along on Saturday came when Mr. van der Veen argued — in a tone that at times neared shouting — that Democrats had broken a pledge to wrap up the trial, followed past a threat to call top figures in the party to bear witness in person.

"At that place are a lot of depositions that need to happen," he said. "Nancy Pelosi'south deposition needs to be taken. Vice President Harris's degradation absolutely needs to be taken. And non by Zoom. None of these depositions should exist done by Zoom."

"These depositions should be done in person, in my office, in Philadelphia," added Mr. van der Veen, a personal injury lawyer, who pronounced the name of his hometown with a distinct Philadelphia emphasis.

At that signal, several senators began snickering audibly.

"I would remind everybody that we will have order in the chamber during these proceedings," Mr. Leahy said.

"I haven't laughed at any of you lot, and at that place'southward nothing laughable here," Mr. van der Veen interjected angrily.

A few moments later, he accused Democrats of cutting a "dorsum-room deal" and went on to question their integrity.

"They have completely violated and ignored and stepped on the Constitution of the Us," he said. "They have trampled on it like people who have no respect for information technology."

At that betoken, Mr. Leahy leaned into the microphone at the presiding officeholder's desk, with its commanding view of the Senate floor, and said, "All parties in this sleeping room must refrain from using linguistic communication that is not conducive to ceremonious discourse."

It was not the get-go time Mr. Leahy had to intervene to rein in Mr. van der Veen. On Friday, he chosen for order afterwards a testy commutation between the lawyer and Senator Bernie Sanders of Vermont nearly devolved into a shouting match.

On Saturday, after the Senate voted to allow witnesses, Mr. van der Veen got worked up again. That fourth dimension, nonetheless, he reached for calm.

"Permit me accept my own communication," he said, "and cool the temperature in the room a lilliputian flake."

McConnell tells Republicans he plans to vote to acquit Trump, calling it 'a close call.'

Image

Credit... Brandon Bell for The New York Times

Senator Mitch McConnell of Kentucky, the Republican leader, informed colleagues Saturday morning that it was a "close call," but he would vote to comport former President Donald J. Trump on the charge of "incitement of insurrection" for his part in the Jan. 6 Capitol anarchism, according to three people familiar with the thing.

His decision, revealed in an email to colleagues hours earlier a vote on the verdict, put to remainder weeks of uncertainty and public silence about how Mr. McConnell would gauge the quondam president, and confirmed that it was all but certain that the Senate would behave Mr. Trump. Mr. McConnell said the Senate had no power nether the Constitution to remove an ex-president, a position that many constitutional scholars have rejected, according to the people, who shared the contents of Mr. McConnell's message on condition of anonymity to disclose a private advice.

"While a close call, I am persuaded that impeachments are a tool primarily of removal and we therefore lack jurisdiction," the leader wrote. "The Constitution makes perfectly clear that presidential criminal misconduct while in office tin be prosecuted after the president has left office, which in my view alleviates the otherwise troubling 'January exception' argument raised by the House."

The leader had let it be known that he believed Mr. Trump committed impeachable offenses and told advisers and colleagues he was open to confidence as the best way of purging Mr. Trump from the Republican Party. He fifty-fifty said publicly that Mr. Trump had "provoked the attack."

But on Sat, he cited the same constitutional concerns about trying a former president that other Republicans have to justify their votes. His decision could assistance tamp down possible defections past others in the party contemplating a "guilty" vote.

Seventeen Republican senators would need to join the Democrats to reach the two-thirds majority needed to captive Mr. Trump of the single charge he faces. If they did, they could then vote to disqualify him from holding office in the future.

Many Republicans were already on record supporting the view that the impeachment trial was unconstitutional. Before the Senate voted Saturday morn on a terminal-minute call for witnesses, the Senate had been on track to conclude the fastest presidential impeachment trial ever.

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Source: https://www.nytimes.com/live/2021/02/13/us/impeachment-trial

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