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?
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
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
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?
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?
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
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
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?
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?
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’
“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
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
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’
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
“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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