Thank you for writing in to express your views regarding the Senate impeachment trial of former President Donald J. Trump. It is good to hear from you.
On January 6, 2021, then-President Trump gave a speech at a rally near the White House before some of his supporters stormed the U.S. Capitol. In that speech, Trump encouraged his supporters to march on the Capitol and many of them then stormed the building and tried to stop Congress from confirming President-elect Joe Biden’s victory in the 2020 election. During the tragic event, the U.S. Capitol was placed under lockdown and five people died, while dozens more were injured. On January 13, 2021, the U.S. House of Representatives adopted a single article of impeachment against then-President Trump, charging him with incitement of insurrection. The Senate has since held a trial and voted on whether to convict the former president. I voted against conviction, and I am grateful to have the opportunity to explain why.
Let me begin by saying that the siege of the U.S. Capitol on January 6 was an attack on democracy itself. That night, shortly after the rioters had been cleared from the Senate floor, I spoke to urge my colleagues to do our constitutional duty and support the state certifications of the election results as a signal that “we will not be intimidated” and that “mob rule is not going to prevail here.”
I have said that what President Trump did that day was inexcusable because in his speech he encouraged the mob, and that he bears some responsibility for the tragic violence that occurred. I have also criticized his slow response as the mob stormed the Capitol, putting at risk the safety of Vice President Pence, law enforcement officers, and others who work in the Capitol complex. Even after the attack, some of the language in his tweets and in a video showed sympathy for the violent mob. In response, I called on President Trump to “explicitly urge his supporters to remain peaceful and refrain from violence.”
However, the question I had to answer was not whether President Trump said and did things that were reckless and encouraged the mob. I believe that happened. The threshold question I had to answer was whether a former president can be convicted by the Senate in the context of an impeachment. This would have been unprecedented. Consistent with the two votes I had already taken during this process, I believe the Constitution reserves the narrow tool of impeachment and conviction for removal of current officeholders and current presidents, and does not apply to former officeholders or former presidents. Impeachment in the Constitution is fundamentally about removing someone from office.
I think the Framers of the Constitution understood that it would be inappropriate to allow Congress—an inherently political body—to convict former presidents. Instead, the appropriate place to address former officials’ conduct is the criminal justice system. In fact, the Constitution makes clear that former presidents are subject to the criminal justice system. That is where the issues raised by the former president’s inexcusable actions and words must be addressed.
I have a duty to uphold my oath to the Constitution and that’s why I voted as I did on the state certifications of the election on January 6, on the jurisdictional issue during the trial, and on the final vote on conviction. My decision in no way condones the president’s conduct. On the contrary, I was keeping my oath to the Constitution—one that I believe the president did not keep on January 6th.
Our country is already deeply divided. My decision was based on my reading of the Constitution, but I also believe the Framers understood that convicting a former president and disqualifying him or her from running again pulls people further apart. Instead, our task should be to help bridge the growing gaps that separate us. I will continue to do my part to try to find that common ground to bring our country together to address the many challenges we face.
Thank you again for taking the time to contact my office. It is an honor to represent you and your family in the United States Senate. For more information, you can visit my website at www.portman.senate.gov . Please keep in touch.
Sincerely,
Rob Portman
U.S. Senator
Screw Portman.