impeachments are just the start of a long struggle to turn the former president
into a pariah.
The second impeachment of Donald Trump was an improvement,
but only a partial and halting one, over the first impeachment. When he was
impeached in 2020 for obstruction of Congress and abuse of power in the
Ukrainegate affair, the dividing line was almost entirely partisan. All
Republicans in the House of Representatives rejected impeachment while all but
three Democrats voted to impeach. The Senate was also divided on partisan
lines, with Mitt Romney the only one to break ranks as the first senator to
vote to convict a president of his own party.
Romney’s stance was a lonely one then; this time, he has
more company. In the 2021 impeachment over Trump’s “incitement of
insurrection,” 10 Republicans in the House voted to impeach and seven
Republican senators voted to convict. The first impeachment ended with 48
senators voting to convict, 52 to acquit. In the sequel the result was a 57-43
conviction vote, a strong majority—but still far short of the high hurdle of 67
required by the Constitution. Even though Trump was acquitted, a robust
majority of the Senate voted for his conviction. The growth of the opposition
to Trump from the first to the second Senate vote is a mark of his slowly
weakening hold on the Republican Party.
It’s essential to focus on the partisan breakdown of the
vote because impeachment is a political process, not a legal one. In the two
impeachments, Trump’s lawyers worked diligently to muddy the waters by saying
that the impeachment process was unfair because it didn’t observe the rules of
criminal or civil courts. This was pure smoke and mirrors. The punishments
meted out by impeachment (removal from office and/or disqualification from
future high office) are political penalties. The process is meant to deal with
a fundamentally political question: who is qualified to hold high office.
The two impeachments make sense only if we see them as part
of a bipartisan political project shared by almost all Democrats and a minority
of Republicans: the attempt to de-Trumpify American politics. Trump is a toxic
figure on many grounds (racism, corruption, abuse of office, and incitement to
violence). His sway over millions of followers, making up a majority of
Republicans, is dangerous and destabilizing.
American politics can return to health only if Trump’s
political power is radically diminished. The still-urgent mission is to turn
Trump into a political pariah, to ostracize him from the political process, to
change the incentive structure so that Republicans will think twice before
allying themselves with Trump.
The failure of both impeachments to end in a conviction is
disappointing, especially given the weight of evidence. In the second trial,
Representative Jamie Raskin was a particularly effective impeachment manager.
Raskin and his colleagues did a superb job laying out Trump’s repeated
incitement of violence and attempts to overturn the election. The biggest
misstep was the uncertainty about calling witnesses. Initially witnesses were
ruled out, but then on Friday night, with news of a startling account from
Republican Representative Jaime Herrera Beutler, there was a push to hear from
Alas, the House impeachment managers backed down, likely
under pressure from Senate Democrats and the White House, both eager to wrap up
the trial quickly. Delaware Senator Chris Coons, almost certainly acting as Joe
Biden’s emissary, put the screws on the impeachment managers. According to Politico,
House Democrats, “The jury is ready to vote. People want to get home for
The truncated trial was a grievous mistake. Democrats gave
up a chance to highlight testimony that would surely have embarrassed Trump and
his supporters—and may even have pried loose a few more Republican senators.
Still, in the larger project to ostracize Trump, even a foreshortened
impeachment and trial serves a purpose.
The two impeachments were the first baby steps. The next
moves have to be legal remedies (through both criminal and civil courts) as
well as continued congressional investigation to establish the facts about the
January 6 riot. There is some tension between these two goals: Care has to be
taken that the gathering of evidence for a congressional investigation doesn’t
taint any court proceedings.
Republican Senator Bill Cassidy of Louisiana, who voted to
convict, has called for a 9/11 style truth commission into the January 6 riot.
“I think there should be a complete investigation about what happened on Jan.
6,” Cassidy told
ABC News. “Why was there not more law enforcement, National Guard already
mobilized, what was known, who knew it, and when they knew it, all that,
because that builds the basis so this never happens again in the future.”
This sort of commission would be a mistake. Commissions of
this sort often serve to whitewash the truth in the interest of elite comity.
The 9/11 commission notoriously kept classified for more
than a decade information about the support for terrorism by Saudi Arabian
officials. Even now, some of this information remains redacted. A congressional
investigation would be much more transparent, much more inclined to probe
deeply and much more in keeping with the Constitution.
proper timing, both the courts and Congress can continue the necessary work of
documenting Trump’s criminal behavior. Taking these actions will be
difficult, since there will be constant calls to move on in the interest of
national unity. But true national unity requires that Trump’s crimes be
documented and punished.
The main worry with a congressional investigation is that it
might inadvertently taint any criminal investigation. But if court cases start
documenting presidential criminality, this will clearly become a political as
well as a legal matter. The model here should be the robust congressional
investigations of the 1970s that arose in the wake of Watergate such as the
Church Committee’s investigation of the CIA and other government agencies.
These investigations should work to produce a clear record of Trump’s crime and
the failures of the political system that enabled him. This is America’s best
chance of a lustration.
The two impeachments were just the first halting and limited
efforts at holding Trump accountable. There is much more work still to be done.
Democrats and their allies among Republicans need to keep their eyes on the
prize: The goal is to turn Trump into a political nomad, friendless and
homeless. That’s the only way to achieve the necessary de-Trumpification of
*Jeet Heer is a
national affairs correspondent at The Nation and the author of In Love with
Art: Francoise Mouly’s Adventures in Comics with Art Spiegelman (2013) and Sweet
Lechery: Reviews, Essays and Profiles (2014).