Civil Trial Lessons From Trump Impeachment

Law360 (February 16, 2021, 4:49 PM EST) -- As we witnessed last week in the U.S. Senate, 100 senators were jurors in a trial setting. Their task was to first determine whether Donald Trump, as president, committed high crimes and misdemeanors by willfully inciting violence against the U.S. government.

The Democratic presenters from the U.S. House of Representatives determinedly argued that Trump's lies about the election and subsequent exhortations to his followers encouraged his supporters to storm the Capitol building and engage in destructive acts while there, impeding the ability of Congress to carry on its business of confirming the November election. Fifty-seven senators voted to convict, which meant...

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