By Todd Lassa

Contrasting with the flurry of more than 30 executive orders being signed by President Biden in the last few days and his cabinet picks working their way through the Senate at a rapid pace, things aren't going as well between newly promoted Senate Majority Leader Chuck Schumer, D-NY, and similarly demoted Minority Leader Mitch McConnell, R-KY, and his caucus on how, when and even if to conduct the trial of former President Trump. It appeared the Senate was headed for Trump-style deal-making that would have pit Senate Democrats’ effort to kill the legislative veto and give their 50-plus-Vice President Harris-majority more teeth against Senate Republicans’ wish to delay Trump’s impeachment trial, if not to spike it indefinitely. 

Schumer has since agreed to delay Trump’s impeachment trial to the week of February 8. McConnell on Monday night gave in to Schumer’s demands for a vote to rescind the legislative filibuster that forces a 60-vote majority to pass bills, in exchange for an agreement on Senate organization. But the deal may prove empty if two centrist Democrats, Krystin Sinema of Arizona and Joe Manchin of West Virginia honor their promise to vote with Republicans and retain the filibuster.

In the middle of all this, various news outlets, regardless of alleged political leanings, reported either a.) there are nowhere near the 17 Republican Senate votes needed to accompany an assumed unanimous Democratic vote in order to reach the 2/3-majority necessary to convict; or b.) a sufficient number of Republican senators have privately, anonymously committed to help Democrats reach the 67 votes necessary. 

The least Democrats can count on for now is that Sen. Mitt Romney, R-UT, appears ready and willing to vote for conviction. The editorial We might assume Schumer is also counting on Republicans Lisa Murkowski, of Alaska, Susan Collins, of Maine and Ben Sasse, of Nebraska. Throw in possibly Sen. Rob Portman, R-OH, who has just announced he will retire after three terms, and fellow 2022 retiring Republican Sens. Pat Toomey of Pennsylvania and Richard Burr of North Carolina, perhaps add in McConnell, who has already said he will not whip the Republican caucus on how to vote, count on all Democrats including two independents who caucus with them, and you may be up to 58 votes to convict, nine short of the number necessary to convict. 

Some Republicans who have joined the anti-Trump and never-Trump unofficial sub-caucus and Democrats hope that a Trump conviction will be followed by a vote on whether to ban the former president from ever running for federal office again, which may only require a 51-vote majority depending on the rules set forth for the impeachment trial. 

Because the week of February 8 will mark the first-ever impeachment trial of a former president, Chief Justice John Roberts will not preside. Instead, that honor goes to President pro-tem Patrick Leahy, Democrat from Vermont.

What should happen? What will happen in this historic anomaly? Pundit-at-large Stephen Macaulay tackles those questions for the left column, and contributing pundit Bryan Williams considers the questions on the right.

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Click on News & Notes for details of the impeachment article against former President Trump

By Bryan Williams

Remember when 2021 was supposed to be the year everything got better? The Year of Recovery started off more like the Year of Hell Part II. Our country witnessed an insurrection from the whackadoo Right, egged on by none other than the President of the United States and a few Republican senators and House members. Then we had the first non-traditional and arguably non-peaceful transfer in our nation’s history (unless you want to debate the election of 1800). In February, the Senate will hold the second impeachment trial of Donald Trump, who is now just a "regular" citizen.

What should we do? I think our country needs to heal and move on from the horrors of 2020 -- pandemic, divisive politics, economic upheaval -- all of it. Joe Biden claims he will unite us once again. The first 17 executive orders he signed within the first 36 hours of his administration have, in my opinion, failed to unite us, although there were some good ones in there, including halting construction of The Wall, delaying student loan payments until late September, and other pandemic-related orders. 

He signed others that will only continue to divide us: Orders relating to gender identity, abortion, energy and the environment. But I am just one moderate Republican. There are about 80 million other people in this country who voted for Biden and are happy with all of these. Those 80 million, and a few of my fellow moderate Republicans want to see Trump convicted in the Senate and barred from running for office ever again.

But it's going to be a tall order to convict Trump on the slapdash impeachment charges the House voted shortly before Biden’s inauguration. The single impeachment article was a rush job, and not very well thought through. The House impeached Trump on inciting an insurrection. Although the court of public opinion would assuredly convict him of inciting that mob, it may be a tougher sell for 17 Republican senators to agree based on the evidence.

If Trump does try to run again in 2024, he will still be a couple of years younger than Joe Biden when he became president. Do rational, reflective, analytical minds really believe Trump will still be focused on the presidency four years from now, or will he return to political power via more lucrative work in talk radio and conservative television?

Let’s not forget why he won the presidency in 2016 in the first place: He wasn’t Hillary. I think he lost in ’20 because more Americans were voting against Trump rather than in favor of Biden. The latter will be true again in ’24, and any thoughts of resurrecting MAGA will frighten many of us into voting for someone safe, comfortable like old shoes, and “moderate.” Maybe 2024 will be Romney's comeback year.

After Trump inflicted himself upon our body politic and the Republican party, impeaching him twice should be enough. I do not think it’s likely, nor necessary to convict him this time, and add the punitive result of a lifetime ban from running for federal office.

The same can be said for those who have pushed for Trump’s stolen election legerdemain. 

Sen. Josh Hawley, of Missouri, is the GOP’s Barack Obama. He can’t sit still in office long enough for a cup of coffee before he’s running for a higher office, and he’s remarkably inconsistent with his views. Stimulus, free speech on the Internet, you name it … Hawley flip-flops whenever it suits him politically. 

Sen. Ted Cruz of Texas, who barely beat Beto O’Rourke in his re-election in 2018, who was “Lyin’ Ted” when Trump trounced him in the 2016 presidential primary run, is no Ronald Reagan. Cruz won’t win a comeback second attempt for the '24 GOP nomination.

Lastly, there’s Rep. Kevin McCarthy, who wants desperately to become House speaker. His 2020 re-election was the slimmest ever in his 14-year House tenure. I live in his district, and he still has solid support from many, but a well-financed Democrat did do damage last year and can do it again in ’22. The Republican House caucus is even more of a threat. Will they back him for speaker if the GOP retakes the House in 2022? They passed on him once already, and his ability to fundraise after his vote to support Trump's crazy election shenanigans will not be forgotten by the businesses that back his campaign committees.

And what about the 10 Republicans who did vote with Democrats in favor of Trump’s second impeachment (Rep. Liz Cheney, R-WY., here's looking at you), and have been censured by their local parties for it? As a former member and delegate of the California Republican Party, I can tell you state parties are much more red meat right now than the general Republican electorate, of which I now consider myself. In California, these party apparatchiks are obsolete and ineffectual. Don't worry about calls from these types for you to step down and resign, Liz. In fact, maybe it’s time to explore a run for president in 2024! Now there's something I think should happen.

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Click on News & Notes for details on the Impeachment Article against former President Trump.