Trump’s Conviction Would’ve Been Secured if Voting Was Anonymous, Says Filipkowski

Never-Trump conservative, legal expert, and former federal prosecutor Ron Filipkowski suggested that the visible nature of the impeachment vote saved Trump from conviction.

Trump’s Narrow Escape? 

Republican presidential hopeful and former US President Donald Trump raises his fist as he speaks at a campaign event in Concord, New Hampshire, on January 19, 2024. (Photo by TIMOTHY A. CLARY / AFP)
Photo by TIMOTHY A. CLARY / AFP

Former President Trump’s defense in the election case leans heavily on a claim of absolute presidential immunity, arguing he had the freedom to act as he did. 

Courtroom Confrontation

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This claim was put to the test in a DC District Court of Appeals hearing, where Trump’s lawyer was asked if a president could order ‘Seal Team 6’ to assassinate political opponents, to which he responded with a ‘yes.’

Avoiding Double Jeopardy

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Trump’s defense also hinges on the argument that the DOJ can’t legally prosecute him for alleged presidential crimes, as the Senate didn’t convict him despite two impeachments. His legal team argues that facing trial now would be double jeopardy, given his previous trial post-January 6. 

The Supreme Court is expected to rule on this argument’s validity.

Anonymity = Different Results?

Former US President Donald Trump departs during a break in the civil fraud trial against the Trump Organization, at the New York State Supreme Court in New York City on December 7, 2023. Former US President Donald Trump was back in court on December 7, 2023, for his New York civil trial on fraud allegations, once again condemning the process as unfair. Trump, the frontrunner for the 2024 Republican presidential nomination, and his two eldest sons are accused of inflating the value of their real estate assets to receive more favorable bank loans and insurance terms. (Photo by TIMOTHY A. CLARY / AFP)
Image by TIMOTHY A. CLARY / AFP

Trump’s acquittal by the Senate three years ago is now a pivotal point in the current case, with some critics suggesting that an anonymous conviction vote could have altered the outcome.

Internal Divide Over Trump?

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Ron Filipkowski, a lawyer with a background as a Marine and former Republican, suggests that the lack of an anonymous vote led to Trump’s acquittal. He argues that many Republican Senators, who privately dislike Trump but fear backlash from his loyal MAGA base, lacked the courage to vote for conviction. 

Theoretical Shifts in Results

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According to Filipkowski, a secret ballot would have eliminated the need for bravery, potentially resulting in Trump’s conviction. “If impeachment conviction votes were by secret ballot, we would already be rid of this psychopath after the last one,” he wrote.

GOP’s True Feelings

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Filipkowski further elaborated on his theory, emphasizing that the public nature of the votes was a key factor. He stated, “But the votes are public, and the Republican Senators who hate his guts are cowards. Anonymity would’ve made courage an irrelevant trait.”

Silent Opposition?

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This sentiment isn’t unique to Filipkowski; Carl Bernstein, known for his work on Watergate, mentioned in 2020 that despite many Republican Senators expressing private disdain for Trump, only seven voted to convict. He named 21 Republican senators who, according to him, privately dislike Donald Trump.

21 GOP Senators Dislike Trump? 

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Bernstein clarified that he wasn’t breaking any confidentiality agreements, having gathered this information from conversations with colleagues of these senators, staff members, lobbyists, and White House aides.

They ‘repeatedly expressed contempt’

(FILES) Former US President Donald Trump sits in the New York State Supreme Court during the civil fraud trial against the Trump Organization in New York on December 7, 2023. New York's attorney general is seeking $370 million from former president Donald Trump in a fraud case which has seen the real estate mogul accused of inflating the value of his properties, court documents showed on January 5, 2024. Trump, the frontrunner for the 2024 Republican presidential nomination, and his two eldest sons are accused of fraudulently inflating the value of real estate assets to receive more favorable bank loans and insurance terms. (Photo by Eduardo Munoz Alvarez / POOL / AFP)
Image by Eduardo Munoz Alvarez / POOL / AFP

“With few exceptions, their craven public silence has helped enable Trump’s most grievous conduct — including undermining and discrediting the U.S. electoral system,” Bernstein wrote then.

A Historic Vote

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In February 2021, a noteworthy moment in political history unfolded when seven Republican Senators voted to convict former President Donald Trump during his Senate trial, marking the largest group from a president’s party to ever do so in impeachment proceedings.

GOP Backlash

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The final vote was 57-43, falling short of the two-thirds majority needed for conviction, yet the bipartisan vote was an apparent censure of Trump. Key figures like Senator Lisa Murkowski, alongside Senators Burr, Cassidy, Collins, Romney, Sasse, and Toomey, faced backlash from their state GOP for their votes. 

Trump’s ‘unfounded conspiracy theories’ 

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Senator Pat Toomey, a steadfast conservative, denounced Trump’s actions in trying to subvert the election results and inciting the Capitol riot. Burr expressed his rationale for voting to convict in a statement: “The President promoted unfounded conspiracy theories to cast doubt on the integrity of a free and fair election because he did not like the results.”

Tough Decision

Trump supporters clash with police and security forces, as they storm the US Capitol in Washington, DC, on January 6, 2021. Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by Brendan SMIALOWSKI / AFP)
Image by Brendan SMIALOWSKI / AFP

“When the crowd became violent, the President used his office to first inflame the situation instead of immediately calling for an end to the assault,” Burr added.  “The evidence is compelling that President Trump is guilty of inciting an insurrection against a coequal branch of government and that the charge rises to the level of high Crimes and Misdemeanors.”

He stressed, “I do not make this decision lightly, but I believe it is necessary.”

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