Adam Serwer, The Atlantic: “Republicans now face a choice between their long-term interests and short-term self-preservation. It takes two-thirds of the Senate to convict a president, a threshold so high that it has never been reached. Convicting Trump and barring him from federal office would earn senators the wrath of the Trump faithful, upon whom the current composition of the Republican Party is dependent to win elections. Failing to convict him would leave open the possibility of a Trump restoration, which might offer some political advantages but would also exacerbate the ideological extremism that turned Arizona and Georgia into states with two Democratic senators. The reason to convict Trump and bar him from office forever is rather simple: No sitting president has ever incited a violent attack on Congress. Allowing Trump to do so without sanction would invite a future president with autocratic ambitions and greater competence to execute a successful overthrow of the federal government, rather than the soft echo of post-Reconstruction violence the nation endured in early January.”
“I recognize that the costs for the GOP in convicting Trump would be high, and in the aftermath of their 2020 electoral losses, Republicans are in no mood to offer more ammunition to their rivals. Democrats would obviously be delighted to see Republicans divided, and conservative lawmakers may believe that, even if Trump deserves conviction, the damage to their political and ideological priorities would be too great. To avoid a difficult choice, some Senate Republicans have coalesced around the cowardly and nonsensical argument that ex-presidents cannot be tried by the Senate. But neither the text of the Constitution nor the intent of the Framers can justify, say, a president ordering a drone strike on the Supreme Court and then resigning and retiring to private life without consequence. Or imagine a president ordering a politically aligned militia to assemble outside Congress in order to compel the opposition party to pass a law he favors, without explicitly ordering an attack. An acquittal would represent an invitation to a future president to use force to bend Congress to his will.”