With Trump likely to become the first president acquitted of impeachment charges twice, not because he’s innocent, but because Republicans are unwilling to hold him to a Constitutional standard of behavior, or any standard of behavior whatsoever, the idea of censuring him is gaining traction in Congress (read story here).
This doesn’t mean Democrats will table the articles of impeachment, nor should they. Senate Majority Leader Chuck Schumer (D-NY) says there will be an impeachment trial, and there should be, to present (in his words) “the evidence against the former president … in living color for the nation and every one of us to see ….”
Meanwhile, senators Tim Kaine (D-VA) and Susan Collins (R-ME) “are working to attract support for a vote to censure” Trump for inciting the Capitol insurrection that has now resulted in 7 deaths, after a second cop committed suicide this week. One cop was murdered by the rioters, and dozens more injured. The lives of members of Congress, who were hustled into hiding, also were in danger.
It’s symbolically important to hold Trump accountable for his outrageous behavior. But an impeachment conviction also has a practical consequence worth pursuing: He could be barred from holding public office again. However, getting the necessary two-thirds of senators to vote for conviction looks like an impossible hurdle.
Whether a censure passed by Congress would have the same effect of preventing Trump from being elected president again is uncertain. It might. The courts have never ruled on that. The only way to find out is to censure him, and then sue any state that puts him on its ballot, to get the courts to rule on the matter. That’s worth doing.
The advantage of censure over impeachment is that it only requires a majority vote. The Democrats probably could get that. But getting Republican votes as well would add heft to the censure resolution. That’s worth pursuing.
An argument against barring Trump from future office is that it takes choice away from the people, and the voters should decide. But as Republicans constantly remind us, the Framers never intended for America to be a populist democracy. Trump wouldn’t have been elected in the first place if it were. And the Framers clearly intended to take that decision away from the public, and putting it in the hands of their elected representatives, by writing impeachment for misconduct and a public office disqualification into the Constitution.
Unfortunately, American politics have become so tribal that Republicans are unwilling to hold Trump accountable for anything he does, including inciting violent insurrection. So any vote in Congress to punish him likely will break sharply along party lines. But that doesn’t mean his conduct isn’t deserving of impeachment, censure, and disqualification from office. It is. It only means one of the parties isn’t living up to its responsibilities to the Republic.
Photo: Trump has blood on his hands. Okay, if not on his hands, then running out of his eyes and teeth.
[Deleted for multiple violations of Commenting Policy — Ed.]