The Impeachment Trial of Donald Trump: Can He be Convicted?

Photograph Source: Mike Maguire – CC BY 2.0

Texas Congressman Joaquin Castro, a graduate of Harvard Law School, asked his colleagues: “If inciting a deadly insurrection is not enough to get a president impeached, then what is?” Ten Republicans voted for Impeachment, but 197 House Republicans disagreed. Trump incited the crowd in person on the Mall. He lied to his supporters saying, “I’ll be with you” on the march to the Capitol. Trump then refused to call the crowd back when it turned into a mob that violently stormed into the Capitol. Trump scurried back to the White House to gleefully watch on TV his “special people” rampage through the Congress with destructive intent.

Why should the GOP obeisance to Trump, the Mobster in Chief, this recidivist criminal, a violator of many provisions of the Constitution, obstructor of justice “as a daily way of life” according to his former national security advisor John Bolton, and hourly lying sociopath, surprise anyone?

Congressional Republicans have aided and abetted, for four years, Trump’s assertion that “With Article II, I can do whatever I want as president.” Dangerous Donald did just that. He finally incited a massive, homicidal street crime against the very Congress that let him get away with everything, day after day, as if there were no laws and no Constitution to be observed whatsoever.

The GOP speakers who defended Trump in the House Impeachment debate will go down in history as unsurpassed political cowards and lying bloviators, led by Trump clone, belligerent Rep. Jim Jordan of Ohio. Trump’s Congressional protectors, however, failed. The House of Representatives voted for Articles of Impeachment that are on their way to the Senate for a certain trial. The Senate should convict treacherous unrepentant Trump and ban him from ever seeking federal office again.

In the days before the trial, more incriminating evidence will emerge.

Already, a GAO investigation is underway into Republican lawmakers suspected of being complicit in aiding the mob’s objective of physically overturning the results of the presidential election. Evidence of early facilitation both before and during the armed invasion is reaching investigators, including the involvement by some Capitol Police and other police officers in plain clothes.

Trump’s business allies and supporters are not waiting for any verdicts. Major corporations such as Disney, Coca-Cola, and J.P. Morgan Chase have suspended campaign contributions to the GOP. Last week, the powerful National Association of Manufacturers demanded that Trump be removed from office under the 25th Amendment. Trump’s banks, to whom he owes hundreds of millions of dollars, are distancing themselves from their insatiable borrower. New York City has canceled its contract with the Trump corporation. More cancellations of deals with TRUMP, Inc. will come.

Though verbally defiant, admitting no mistakes, and as usual taking no responsibility, Trump is a broken man, assailing his most loyal subjects including total toady Vice President Mike Pence. Deprived of his Twitter machine and other Internet platforms, Trump will soon be a besieged debtor, a manyfold investigated and sued defendant abandoned by the likes of Mitch McConnell.

The calculus of political survival for the just re-elected McConnell’s Congressional Republicans has changed. In the minority, no longer will Republicans be able to confirm corporatist judges or pass Trump-like corporate tax cuts for the super-rich, or dismantle health and safety regulations.

But out on the MAGA hustings, Trump may be a huge tormentor, raising money and wanting to run again. Such a prospect is intolerable to McConnell. That is why he is turning against Trump by declining to oppose Impeachment and signaling that he may unleash his Republican Senators to convict Trump, if only for their own political survival. The GOP polls are slipping and will slip more as the toxic stench of what occurred before and during the January 6th attack increases.

McConnell does not want Trump either to run or threaten to run again in 2024. The only way that yoke can be lifted is to free 17 or more Republican Senators to vote for conviction followed by a simple majority vote banning Trump from future federal office.

Out of office and prohibited from regaining office, Trump will be increasingly defined by his more violent, hardcore Trumpsters. Trump being Trump, will not oppose their street actions. He will want to continue to address and exhort his followers to remain a political force.

This entanglement is already underway. While Washington, D.C. is brimming with thousands of soldiers, police, and surveillance technology, the Trump militants are unfazed. They are planning more protests.

According to Pentagon officials, reported in the New York Times, “Some 16 groups – some of them saying they will be armed and most of them made up of hardline supporters of Mr. Trump – have registered to stage protests.” This cannot be good political news for the Congressional Republicans left behind after the Trump family departs the White House.

What are the probabilities that a conviction in the Senate will be achieved? Better than 50/50, given the survival instincts of the politicians wanting the felonious Trump off their backs.

As for Trump, what he has left until noon on January 20th, barring some last-gasp grotesque eruption, is the pardon power for his closest allies like Rudy Giuliani, his family, and himself. He could enlarge the range of pardons by declaring a Day of Forgiveness on January 19th with general pardons of deserving, elderly prisoners, political prisoners, and nonviolent drug offenders in the federal prisons.

However, such a vision is inconsistent with narcissism. We’ll see.

 

Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us!