With Senate Republicans balking at convicting Trump, Democrats explore alternative censures
There's growing skepticism that 17 Senate Republicans will vote with Democrats to convict former President Donald Trump of inciting an insurrection, meaning his second impeachment trial would also end in acquittal. The GOP's legally dubious off-ramp — declaring it unconstitutional to try a former president — failed Tuesday, but 45 of the 50 Senate Republicans voted in favor of the motion. So Democrats are now looking for a Plan B to ensure that Trump is not let off essentially scot-free for the deadly Jan. 6 siege on the U.S. Capitol by a mob of his supporters.
"Make no mistake — there will be a trial, and the evidence against the former president will be presented, in living color, for the nation and every one of us to see," Senate Majority Leader Chuck Schumer (D-N.Y.) said Wednesday. At the same time, Sen. Tim Kaine (D-Va.) said he's talking with a "handful" of his GOP colleagues to see if they would support a censure resolution.
Tuesday's 55-45 vote was "completely clarifying that we're not going to get near 67," Kaine said Wednesday, adding that his resolution is "more than just a censure, saying, 'Hey, you did wrong.'" The proposal would state that the Jan. 6 attack "was an insurrection and that President Trump gave aid and comfort to the insurrectionists," language intended to invoke the 14th Amendment and bar Trump from holding federal office again.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Constitutional scholars are skeptical such a ban would be enforceable. "I worry about the cop-out of a condemnatory censure, which Senators shouldn't be led to think gets them off the hook of having to convict the former president under the Article of Impeachment," Harvard Law professor Laurence Tribe told The Washington Post.
Kaine and other Democrats are also floating the option of a quick trial, as short as a week, so the Senate can focus on passing President Biden's COVID-19 legislation and other priorities. Some moderate Democrats don't want to rush it, though.
"We have an obligation to get the facts, it seems to me," especially concerning Trump's personal involvement in the insurrection, Sen. Angus King (I-Maine) told The Associated Press. Sen. Joe Manchin (D-W.Va.) agreed. "This is much, much more serious than anything we've ever seen in our lifetime and it's really the purpose of having articles of impeachment in the Constitution," he said. "We want to make sure that no one ever does this again, never thinks about doing this again — sedition and insurrection."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Nigeria's worsening rate of maternal mortality
Under the radar Economic crisis is making hospitals unaffordable, with women increasingly not receiving the care they need
By Harriet Marsden, The Week UK Published
-
'Elevating Earth Day into a national holiday is not radical — it's practical'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
UAW scores historic win in South at VW plant
Speed Read Volkswagen workers in Tennessee have voted to join the United Auto Workers union
By Peter Weber, The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Myanmar: the Spring Revolution and the downfall of the generals
Talking Point An armed protest movement has swept across the country since the elected government of Aung San Suu Kyi was overthrown in 2021
By The Week Staff Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Is there a peaceful way forward for Israel and Iran?
Today's Big Question Tehran has initially sought to downplay the latest Israeli missile strike on its territory
By Sorcha Bradley, The Week UK Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published
-
Mark Menzies: Tories investigate MP after 'bad people' cash claims
Speed Read Fylde MP will sit as an independent while party looks into allegations he misused campaign funds on medical expenses and blackmail pay-out
By Arion McNicoll, The Week UK Published
-
Why Johnson won't just pass Ukraine aid
Speed Read The House Speaker could have sent $60 billion in military aid to Ukraine — but it would have split his caucus
By Peter Weber, The Week US Published