In this image from video, Chief Justice of the United States John Roberts speaks before the vote in the impeachment trial against President Donald Trump in the Senate at the U.S. Capitol in Washington on Wednesday, Feb. 5, 2020. (Senate Television via The Assciated Press)

In this image from video, Chief Justice of the United States John Roberts speaks before the vote in the impeachment trial against President Donald Trump in the Senate at the U.S. Capitol in Washington on Wednesday, Feb. 5, 2020. (Senate Television via The Assciated Press)

Senate acquits Trump

Split vote finds president not guilty of two articles of impeachment

By Lisa Mascaro and Mary Clare Jalonick

The Associated Press

WASHINGTON — President Donald Trump won impeachment acquittal Wednesday in the U.S. Senate, bringing to a close only the third presidential trial in American history with votes that split the country, tested civic norms and fed the tumultuous 2020 race for the White House.

A majority of senators expressed unease with Trump’s pressure campaign on Ukraine that resulted in the two articles of impeachment. But the final tallies — 52-48 favoring acquittal of abuse of power, 53-47 of obstruction of Congress’ investigation — fell far short.

President Donald Trump

President Donald Trump

Two-thirds “guilty” votes would have been needed to reach the Constitution’s bar of high crimes and misdemeanors to convict and remove Trump from office.

The outcome Wednesday followed months of remarkable impeachment proceedings, from Speaker Nancy Pelosi’s House to Mitch McConnell’s Senate, reflecting the nation’s unrelenting partisan divide three years into the Trump presidency.

What started as Trump’s request for Ukraine to “do us a favor” spun into a far-reaching, 28,000-page report compiled by House investigators accusing an American president of engaging in shadow diplomacy that threatened U.S. foreign relations for personal, political gain as he pressured the ally to investigate Democratic rival Joe Biden ahead of the next election.

No president has ever been removed by the Senate.

Trump had eagerly predicted vindication, deploying the verdict as a political anthem in his reelection bid. The president said he did nothing wrong, decrying the “witch hunt” and “hoax” as extensions of special counsel Robert Mueller’s probe into Russian 2016 campaign interference by those out to get him from the start of his presidency.

The Wednesday afternoon vote was swift. With Chief Justice John Roberts presiding over the trial, senators sworn to do “impartial justice” stood at their desks for the roll call and stated their votes — “guilty” or “not guilty.”

On the first article of impeachment, Trump was charged with abuse of power. He was found not guilty. The second, obstruction of Congress, also produced a not guilty verdict.

Only one Republican, Mitt Romney of Utah, the party’s defeated 2012 presidential nominee, broke with the GOP.

Romney choked up as said drew on his faith and “oath before God” to announce he would vote guilty on the first charge, abuse of power. He would vote to acquit on the second.

Both Bill Clinton in 1999 and Andrew Johnson in 1868 drew cross-party support when they were left in office after an impeachment trial. President Richard Nixon resigned rather than face revolt from his own party.

Ahead of voting, some of the most closely watched senators took to the Senate floor to tell their constituents, and the nation, what they had decided. The Senate chaplain opened the trial with daily prayers for the senators, including one Wednesday seeking “integrity.”

Influential GOP Sen. Lamar Alexander of Tennessee, who is retiring, worried that a guilty verdict would “pour gasoline on the fire” of the nation’s culture wars over Trump. He said the House proved its case but it just didn’t rise to the level of impeachment.

“It would rip the country apart,” Alexander said before his vote.

Other Republicans siding with Trump said it was time to end what McConnell called the “circus” and move on. Trump ally GOP Sen. Lindsey Graham said it was a “sham” designed to destroy a presidency.

Most Democrats, though, echoed the House managers’ warnings that Trump, if left unchecked, would continue to abuse the power of his office for personal political gain and try to “cheat” again ahead of the 2020 election.

During the nearly three-week trial, House Democrats prosecuting the case argued that Trump abused power like no other president in history when he pressured Ukraine to investigate Biden and his son, Hunter Biden, ahead of the 2020 election.

They detailed an extraordinary shadow diplomacy run by Trump lawyer Rudy Giuliani that set off alarms at the highest levels of government. After Trump’s July 25 phone call with Ukraine, Trump temporarily halted U.S. aid to the struggling ally battling hostile Russia at its border. The money was eventually released in September as Congress intervened.

When the House probed Trump’s actions, the president instructed White House aides to defy congressional subpoenas, leading to the obstruction charge.

One key Democrat, Alabama Sen. Doug Jones — perhaps the most endangered politically for reelection in a state where Trump is popular — announced he would vote to convict.

“Senators are elected to make tough choices,” Jones said.

Sen. Patty Murray, a Democrat from Washington state, said Monday after listening to arguments, “I believe it is painfully clear the President of the United States has abused his power and obstructed Congress, and he should be removed from office.”

She vowed to vote to convict, as did fellow Washington state senator Maria Cantwell, and urged her colleagues to do the same.

“Today, we should be fearful for our country,” Murray said. “We should be fearful for our future, for our safety, and the rule of law if the evidence we’ve heard cannot persuade this body to act on the painful truths before us: our President has betrayed the public trust, flagrantly violated our laws, and proved himself a threat to our national security.”

Questions from the Ukraine matter continue to swirl. House Democrats may yet summon former national security adviser John Bolton to testify about revelations from his forthcoming book that offer a fresh account of Trump’s actions. Other eyewitnesses and documents are almost sure to surface.

In closing arguments for the trial the lead prosecutor, Rep. Adam Schiff, D-Calif., appealed to senators’ sense of decency, that “right matters” and “truth matters” and that Trump “is not who you are.”

“The president’s basic lack of character, his willingness to cheat in the election – he’s not going to stop,” Schiff told The Associated Press on Wednesday, predicting more revelations would become public. “It’s not going to change, which means that we are going to have to remain eternally vigilant.”

Sen. Patty Murray, D-Wash., center, walks on Capitol Hill in Washington during the impeachment trial of President Donald Trump on charges of abuse of power and obstruction of Congress on Wednesday, Feb. 5, 2020. (Patrick Semansky/The Associated Press)

Sen. Patty Murray, D-Wash., center, walks on Capitol Hill in Washington during the impeachment trial of President Donald Trump on charges of abuse of power and obstruction of Congress on Wednesday, Feb. 5, 2020. (Patrick Semansky/The Associated Press)

Pelosi was initially reluctant to launch impeachment proceedings against Trump when she took control of the House after the 2018 election, dismissively telling more liberal voices that “he’s not worth it.”

Trump and his GOP allies in Congress argue that Democrats have been trying to undercut him from the start.

But a whistleblower complaint of his conversation with Ukraine President Volodymyr Zelenskiy set off alarms. The call had been placed the day after Mueller announced the findings of his Russia probe.

When Trump told Pelosi in September that the call was perfect, she was stunned. “Perfectly wrong,” she said. Days later, the speaker announced the formal impeachment inquiry.

The result was the quickest, most partisan impeachment in U.S. history, with no Republicans joining the House Democrats to vote for the charges, though one GOP congressman left the party and voted for impeachment and two Democrats joined Republicans to oppose. The Republican Senate kept up the pace with the fastest trial ever, and the first with no witnesses or deliberations.

Trump’s legal team with star attorney Alan Dershowitz made the sweeping, if stunning, assertion that even if the president engaged in the quid pro quo as described, it is not impeachable, because politicians often view their own political interest with the national interest.

McConnell, who commands a 53-47 Republican majority, braced for dissent, refusing efforts to prolong the trial with more witnesses, arguing the House should have done a better job.

Some GOP senators distanced themselves from Trump’s defense, and other Republicans brushed back calls from conservatives to disclose the name of the anonymous whistleblower. The Associated Press typically does not reveal the identity of whistleblowers.

Trump’s approval rating, which has generally languished in the mid- to low-40s, hit a new high of 49 percent in the latest Gallup polling, which was conducted as the Senate trial was drawing to a close. The poll found that 51 percent of the public views the Republican Party favorably, the first time the GOP’s number has exceeded 50 percent since 2005.

____________

Associated Press writers Eric Tucker, Laurie Kellman, Matthew Daly, Alan Fram, Andrew Taylor and Padmananda Rama contributed to this report.

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