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Democrats worry impeachment acquittal will embolden Trump

Senate Democrats are bracing for President TrumpDonald TrumpClinton, Bush, Obama reflect on peaceful transition of power on Biden's Inauguration Day Arizona Republican's brothers say he is 'at least partially to blame' for Capitol violence Biden reverses Trump's freeze on .4 billion in funds MORE to seize on the outcome of the upcoming impeachment trial as a source of momentum for his reelection bid.

With 67 votes needed to convict and remove Trump from office, the trial’s outcome is largely pre-baked since Republicans hold a 53-47 majority in the chamber. Democrats are worried that an acquittal will only embolden the president, and they feel powerless to prevent it. 

“No matter what we do, the president is going to say he did nothing wrong,” said Sen. Chris MurphyChristopher (Chris) Scott MurphySenate confirms Biden's intel chief, giving him first Cabinet official Democrats torn on impeachment trial timing Senate Democrats call on Biden to immediately invoke Defense Production Act MORE (D-Conn.).

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“We all know the president,” said Sen. Dick DurbinDick DurbinSchumer becomes new Senate majority leader McConnell keeps GOP guessing on Trump impeachment Officials brace for second Trump impeachment trial MORE (Ill.), the No. 2 Senate Democrat. “If there are not 67 votes to convict in the Senate, he’ll claim that it was a witch hunt and that he was exonerated.” 

Sen. Tim KaineTimothy (Tim) Michael Kaine'I saw my life flash before my eyes': An oral history of the Capitol attack 7 surprise moments from a tumultuous year in politics Robert E. Lee statue removed from US Capitol MORE (D-Va.), when asked about the potential fallout from an acquittal, added: “I am worried about that, but I think this president feels unconstrained by anything already.” 

Trump became only the third U.S. president to be impeached after the House passed two articles, largely along party lines, on Dec. 18. The first charged him with abuse of power in his dealings with Ukraine, and the second with obstructing Congress during its investigation of those actions. 

Republicans are already pledging to give him an early election-year victory by acquitting him of the charges at the culmination of the Senate trial.

Sen. Christopher CoonsChris Andrew CoonsSenate confirms Biden's intel chief, giving him first Cabinet official Romney calls for Senate to pass sanctions on Putin over Navalny poisoning Senate Democrats leery of nixing filibuster MORE (D-Del.) said in a recent “Meet the Press” interview on NBC that he was “gravely concerned” about Trump’s potential behavior between the end of the Senate trial and the 2020 election.

“If he is ultimately exonerated in the Senate, if the Senate Republican majority refuses to discipline him through impeachment, he will be unbounded,” Coons said, predicting that there would be “no restrictions” on Trump’s behavior. 

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Concern about the possible repercussions stemming from Trump being acquitted comes as the Senate is expected to start the trial in January, though the exact date is in limbo amid a standoff between Democrats and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBudowsky: Democracy won, Trump lost, President Biden inaugurated Biden's inauguration marked by conflict of hope and fear McConnell faces conservative backlash over Trump criticism MORE (R-Ky.) over the rules of the chamber’s proceedings. 

Trump is pushing for a quick trial, tweeting that “no more time should be wasted on this impeachment scam.”

“This Witch Hunt must end NOW with a trial in the Senate,” he added.

Republicans are increasingly rallying behind a shorter trial that might not include any witnesses. Instead, one path outlined by GOP senators would be to let the House impeachment managers and White House defense team make their case, allow senators to ask questions and then move directly to votes on the two articles of impeachment. 

Though both McConnell and Senate Minority Leader Charles SchumerChuck SchumerSchumer becomes new Senate majority leader US Chamber of Commerce to Biden, Congress: Business community 'ready to help' Why pretend senators can 'do impartial justice'? MORE (D-N.Y.) have said they hope to reach a bipartisan deal on the trial rules, no progress is expected on that front until the first week of January at the earliest, when senators return to Washington. Absent a deal between the two leaders, 51 senators will be able to determine the shape of the trial since only a simple majority is needed to decide procedural motions.

That scenario has sparked concern among Democrats, who worry McConnell could try to force through his own rules resolution if enough of his caucus is on board.

“If the Senate essentially treats this trial like a sham … doesn't call witnesses and tries to end it quickly, tries to call witnesses that have nothing to do with the Ukraine matter and with these matters that we are discussing in these articles, then I think this just emboldens the president even further to continue to do what he's doing,” Rep. Pramila JayapalPramila JayapalThe Hill's Morning Report - Biden asks Congress to expand largest relief response in U.S. history Rep. Adriano Espaillat tests positive for COVID-19 Overnight Health Care: Trump admin makes changes to speed vaccinations | CDC to order negative tests for international travelers | More lawmakers test positive after Capitol siege MORE (D-Wash.) told MSNBC. 

Democrats, while saying they want a “speedy” trial,” have outlined a list of Ukraine-related documents and witnesses they believe should be included. 

They’ve asked for four witnesses, including former national security adviser John BoltonJohn BoltonPence, other GOP officials expected to skip Trump send-off NSA places former GOP political operative in top lawyer position after Pentagon chief's reported order After insurrection: The national security implications MORE and acting White House chief of staff Mick MulvaneyMick MulvaneyConsumer bureau director resigns after Biden's inauguration FDA chief says he was 'disgusted' by Capitol riots, considered resigning Biden consumer bureau pick could take over agency on Inauguration Day MORE. Schumer also sent a “Dear Colleague” letter to the full Senate outlining what documents Democrats are requesting, namely Ukraine-related communications between top White House officials. 

Democrats need to win over at least four GOP senators to get their desired witnesses or documents, and are expected to force votes on the Senate floor. No Republicans have backed their request, but Democrats are warning that a trial without witnesses or additional documents would amount to a “sham.”

“I believe that if we don't do this seriously and get all the facts out, yes, America's at risk because that will mean we'll never have a real impeachment trial. Because if you can't get the fundamental and basic facts getting out to the public and for the senators to hear, this president could be further emboldened,” Schumer told reporters. 

He added that if Trump could avoid “any serious trial by withholding facts, withholding witnesses, withholding documents, the country has future trouble.” 

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Even if Democrats can’t prevent a Trump acquittal, they argue that the severity of the accusations against him left impeachment as their only option. They hope that the evidence presented during the earlier House inquiry and the upcoming trial will convince Americans, if not their GOP colleagues, that Trump abused the power of the presidency.

“I think the evidence speaks for itself, and most people across this country … I believe will come to the same conclusion that no president should be allowed to misuse or abuse the power of his office for political or personal benefit,” Durbin said. 

Murphy added that voters would recognize that Democrats were drawing a “line in the sand.” 

“I think it’s really important to communicate to the country and the world that there still exists some moral center of gravity in this country,” Murphy said. “The president and many Republicans may have strayed far from it but we need to have an anchor, and this process provides a moral anchor.”