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National Review
Innocence does not acquit
The impeachment trial is nearing completion, after a short drama about calling witnesses. It is almost certain that former President Trump will be acquitted, but it will not be much justified. His behavior in the post-election period and on January 6 will spoil his reputation forever. He waged a dishonest and toxic campaign to cancel the elections that culminated in a crowd disrupting the electoral vote count on the US Capitol on January 6. New videos played by House directors at trial brought home again the national embarrassment that day, as senior elected officials scramble for safety as the mob descends. House directors were at their strongest describing Trump’s conspiracy effort to reverse the election outcome, his long catalog of inflammatory comments, and his dereliction of duty not to urge rioters to stop as soon and forcefully as possible. All this is indisputable. The weakness in their case stems from the flaws of the accountability material itself, which both go far and not far enough. At the core of the article is the claim that Trump incited the crowd to attack the Capitol, and that he “intentionally made statements that encouraged – and in an expected context – the taking of illegal actions on the Capitol.” This indicates an element of intention that managers have not been able to prove. On the other hand, incredibly enough, the article didn’t even mention Trump’s behavior during the riots, when he continued to criticize Mike Pence for being targeted by the mob, and that he went without permission as the Allies begged him to tell the rioters. To step aside. Trump’s defense team didn’t have good answers – or, in fact, any – when asked in Q&A what Trump was doing in these hours. If the House Democrats weren’t pushed to impeach Trump in the afternoon, they might have written a more textured article. As it stands, a number of Republicans will reasonably conclude that Trump is still guilty. If he does not falsely insist that he actually won the election in the most embarrassing terms and promote a protest on January 6, there will be no mobs getting out of hand in the first place. Moreover, his lobbying campaign to get Republican officials to stage elections in key states was intolerable in their own right. Hopefully Republicans who are voting acquittal largely on practical grounds – the post-presidential trial is unconstitutional, time to move forward, etc. – at least talk openly about the president’s misconduct. This was a quick isolation process, which lasted about a month from start to finish. But the fundamental events, and Trump’s unforgivable reckless behavior, will long resonate.
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