Feeble Defense

A feeble defense presented by some MAGA devotees regarding the Jan. 6 case against Donald Trump is that the U.S. Senate had failed to convict him of inciting an insurrection. The actual vote was 57 guilty and 43 not guilty. It takes 67 votes or 2/3 of the members to convict. In what was a 50/50 Senate, this was never going to happen in spite of the volumes of incriminating evidence. This evidence included audio and videotapes, e-mails, text messages, testimonies of White House staff and lawyers as well as testimonies of those already convicted of seditious conspiracy.

Furthermore, the legal concept of double jeopardy does not apply in this case. The U.S. Senate is not a court of law. It determines only whether or not someone will be removed from office, not if that person did or did not commit a criminal act. The Senate Majority Leader at the time was Senator Mitch McConnell (R-KY). He said (after voting not guilty) that Trump, by his actions, could be subject to future civil and criminal prosecutions regardless of the impeachment vote and that “There’s no question, none, that President Trump is practically and morally responsible for provoking the events of that day.”

Anyone charged with a crime who truly believes they’re not guilty would demand a speedy trial to prove their innocence. Trump, however, wants to delay his trial and a potential guilty verdict. He knows that any future Rethuglican president (including himself) would grant a pardon, making a mockery of the Rule of Law. Justice delayed, especially in this case, would be justice denied.