Democrats worry impeachment acquittal will embolden Trump

Senate Democrats are bracing for President TrumpDonald John TrumpWhite House sued over lack of sign language interpreters at coronavirus briefings Wife blames Trump, lack of masks for husband's coronavirus death in obit: 'May Karma find you all' Trump authorizes reduced funding for National Guard coronavirus response through 2020 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 MurphyDemocrats want Biden to debate Trump despite risks Connecticut senators call for Subway to ban open carry of firearms Democrats optimistic about chances of winning Senate MORE (D-Conn.).

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“We all know the president,” said Sen. Dick DurbinRichard (Dick) Joseph DurbinThe Hill's Campaign Report: Who will Biden pick to be his running mate? Don't count out Duckworth in Biden VP race Schumer: Trump should want COVID-19 deal to help GOP election chances 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 KaineUSAID appointee alleges 'rampant anti-Christian sentiment' at agency Frustration builds as negotiators struggle to reach COVID-19 deal Pompeo defers to Justice on question of Trump election tweet 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 CoonsChristopher (Chris) Andrew CoonsCoronavirus Report: The Hill's Steve Clemons interviews Thomas Isett Coronavirus Report: The Hill's Steve Clemons interviews Dr. Kate Broderick Making vulnerable children a priority in the pandemic response 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 McConnellProfessional sports players associations come out against coronavirus liability protections Democratic leaders report 'some progress' in talks with White House Top GOP senator urges agencies to protect renters, banks amid coronavirus aid negotiations 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 SchumerMeadows: 'I'm not optimistic there will be a solution in the very near term' on coronavirus package Biden calls on Trump, Congress to enact an emergency housing program Senators press Postal Service over complaints of slow delivery 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 JayapalMatt Stoller: Big tech House grilling the most important hearing on corporate power since the 1930s Hillicon Valley: House panel grills tech CEOs during much anticipated antitrust hearing | TikTok to make code public as it pushes back against 'misinformation' | House Intel panel expands access to foreign disinformation evidence Five takeaways as panel grills tech CEOs 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 BoltonCongress has a shot at correcting Trump's central mistake on cybersecurity The 'pitcher of warm spit' — Veepstakes and the fate of Mike Pence Senate-passed defense spending bill includes clause giving DHS cyber agency subpoena power MORE and acting White House chief of staff Mick MulvaneyMick MulvaneyFauci says positive White House task force reports don't always match what he hears on the ground Bottom line White House, Senate GOP clash over testing funds 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.”