For example, Trump’s lawyers depended heavily on a First Amendment defense, arguing that all political speech is protected. But Trump wasn’t accused of outrageous political speech. He was accused of inciting an insurrection, which clearly is not protected. This is why more than 140 constitutional lawyers across the political spectrum called this defense “frivolous.”
Nevertheless, Trump’s lawyers went back to the First Amendment again and again. Why? They had almost nothing else. The trial put this on full display.
In the end, political expediency and fear prevailed, and Trump was acquitted. But we are a “majority rules” democracy. We use this principle for nearly everything, from elections for mayor to decisions by the Supreme Court.
We make appropriate exceptions for only a few things, such as amending the Constitution, which requires a three-quarters majority, and convicting an impeached president, which requires two-thirds.
It was worth the rigors of the trial to establish that a bipartisan 57-43 majority of the Senate agrees that Trump is guilty of inciting an insurrection. Minority Leader Mitch McConnell could not have been clearer: Trump is guilty.
Again Liz Cheney: “There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution.”
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