London Daily

Focus on the big picture.
Tuesday, Nov 03, 2026

Donald Trump will probably be acquitted of inciting an insurrection

Donald Trump will probably be acquitted of inciting an insurrection

The evidence is damning but the outcome in little doubt
DONALD TRUMP accounts for half of all presidential impeachments. He holds the unique distinction of having been impeached twice, compared with once each for Andrew Jackson and Bill Clinton. None has been convicted at trial (the constitution dictates that the House impeaches a president and the Senate tries him).

Mr Trump’s acquittal took place almost exactly one year ago; his second trial begins on February 9th. The evidence against him is perhaps even more damning this time than last, but his hold on his party is just as strong, and there is little reason to expect a different outcome.

Mr Trump’s previous impeachment trial centred on whistleblower testimony, a complex network of diplomats in multiple countries and a mountain of evidence. This one hinges on something that happened in plain view: the invasion of the Capitol on January 6th by Trump supporters intent on stopping Congress from certifying the electoral victory of Joe Biden in November.

Congress does this after every presidential election, and it is usually a dull, pro-forma affair. This year, however, supporters of the defeated president stormed the legislature, resulting in the deaths of five people, including a police officer. Well over 100 people have been arrested. At issue in this week’s trial is the extent to which Mr Trump bears responsibility for the seditious violence enacted by his supporters.

The House approved a single article of impeachment against Mr Trump on January 13th. Ten Republicans joined the chamber’s Democrats in approval, making it the most bipartisan presidential impeachment vote in American history. That article, and a brief filed by the nine Democrats prosecuting the case in this week’s trial, argue that Mr Trump incited and is responsible for the insurrection.

He spent months claiming that he, not Mr Biden, won last November’s election, which was “stolen” from him. Multiple courts across America found no evidence to sustain this claim, yet he continued making it-and leaning on elected officials in battleground states to violate state law and declare him the winner.

Some Republican officials who upheld the law received death threats from Trump supporters; Gabriel Sterling, a Republican from Georgia, warned, “someone’s going to get killed” because of Mr Trump’s incendiary rhetoric. Mr Trump did not temper it. He told his supporters to attend a “Big protest in D.C. on January 6th. Be there, will be wild!”

The crowd at that rally, the Democrats’ brief charges, “included many who were armed, angry and dangerous.” Before Mr Trump addressed it, Rudy Giuliani, his erratic lawyer, called for “trial by combat”, and Donald Trump junior warned Republicans who might vote to certify the election results-as they were legally bound to do-“we’re coming for you.”

Mr Trump appeared, telling the crowd to “fight like hell”. Then, the Democrats’ brief charges, he “aimed them straight at the Capitol, declaring, ‘You’ll never take back our country with weakness. You have to show strength, and you have to be strong.’” This amounted to incitement, Democrats argue in their impeachment resolution, which “threatened the integrity of the Democratic system, interfered with the peaceful transition of power, and imperilled a coequal branch of power”-all of which justifies impeachment.

The brief filed by Mr Trump’s attorneys offers two main counter-arguments. The first is that the proceeding is unconstitutional because Mr Trump is no longer in office. This argument rests on a hyperliteral reading of the constitution’s impeachment sections, which state in part, “judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy an office of honour.” The “and”, Mr Trump’s lawyers argue, renders current office-holding a precondition of adjudication-a claim at odds with history: the Senate tried (and acquitted) William Belknap, a secretary of war, on August 1st 1876, four months after he left office.

The second counter-argument is that Mr Trump’s speech to the January 6th rally, and his claims that the election was “stolen” from him, are both protected by the free-speech clause of the First Amendment. His lawyers stop short of endorsing his claim of having won the election, but argue that “insufficient evidence exists upon which a reasonable jurist could conclude” that his statements were either true or false.

Of course, plenty of presidential statements could be both protected by the First Amendment and potentially impeachable. A president who said, for instance, that “China should invade America by way of the west coast ports; I’ve stood the army down” would probably not be long for office. This argument resembles Mr Trump during his time in office in failing to recognise that a president’s words matter more than those of an ordinary citizen.

It is one thing for a radio-show caller to claim the election was stolen and urge a march on the Capitol; it is quite another for a president with the full weight of his office behind him to do so.

The trial will probably be quick, perhaps a couple of weeks. The outcome is in little doubt. Late last month, all but five Republican senators backed a motion by Rand Paul of Kentucky asserting that the proceeding is unconstitutional. The evidence is not complex, and the Biden administration is keen to get the Senate back to confirming judges and voting on its legislative agenda.

Mr Trump’s lawyers declined an invitation for their client to testify in his own defence. Little would be gained by his appearance. His lawyers’ arguments will probably provide Republicans with enough justification to acquit.
Newsletter

Related Articles

0:00
0:00
Close
Automotive Industry Data Reveals Continued Acceleration in Battery Electric Vehicle Registrations Across British Dealerships
High Court of England and Wales Rules on Landmark Legal Challenge Regarding Local Government Housing Mandates
Department for Energy Security and Net Zero Approves Expanded Offshore Wind Infrastructure Along Scottish Coastline
Competition and Markets Authority Launches Broad Investigation Into Artificial Intelligence Infrastructure and Cloud Partnerships
United Kingdom and European Union Launch High-Level Preparations for Bilateral Defense and Security Summit in Brussels
National Health Service England Unveils Emergency Workforce Reforms to Alleviate Winter Accident and Emergency Pressures
Chancellor Rachel Reeves Finalizes Autumn Budget Adjustments to Meet Fiscal Rules and Fund Public Services
Bank of England Prepares for Interest Rate Decision Amid Rising Bond Yields and Inflationary Pressures
House of Lords Begins Detailed Legislative Scrutiny of Representation of the People Bill and Cyber Security Laws
Metropolitan Police Detain More Than Three Hundred Individuals Following Large-Scale Demonstration Outside London Embassy
Home Office Prepares Stricter Residency Rules Requiring Vulnerable Migrants to Wait Decade for Settlement Rights
Professional Mental Health Bodies Demand Statutory Regulation for Counsellors and Psychotherapists
National Grid Confirms Construction of Britain's Largest Electrical Substation to Power Teesside Data Centre
Prime Minister Keir Starmer Travels to Samoa for Commonwealth Summit Amid Debates on Economic Cooperation and Reparations
Home Office Implements Enhanced Digital Border Controls and Visa Processing Systems at Major Airports
Office for National Statistics Reports Stable Employment Participation Rates Across Regional Labor Markets
Department for Business and Trade Announces Strategic Partnership to Secure Critical Mineral Supply Chains
Scottish Government Unveils Regional Economic Development Strategy to Boost Advanced Manufacturing in Glasgow and Dundee
Treasury Officials Review Taxation Frameworks and Capital Gains Rules Ahead of Autumn Budget Disclosures
National Health Service Leaders Warn of Winter Capacity Pressures Across Acute Care Facilities
Bank of England Prepares for Key Interest Rate Decision Amid Sticky Inflation and Fiscal Policy Pressures
Home Office Expands Border Security Operations and Intelligence Sharing With European Partners
Office for National Statistics Reports Modest Retail Sales Growth Ahead of Crucial Christmas Trading Season
Welsh Government Unveils Strategic Plan to Boost Regional Technology Innovation and Digital Skills Training
Department for Environment Food and Rural Affairs Implements New Agricultural Subsidies Framework for English Farmers
Scottish First Minister John Swinney Announces Major Regional Infrastructure and Green Energy Investment Strategy
National Health Service Leaders Warn of Severe Winter Pressures and Mounting Accident and Emergency Backlogs
Bank of England Monetary Policy Committee Signals Cautious Interest Rate Path Amid Persistent Services Inflation
Chancellor of the Exchequer Rachel Reeves Finalizes Autumn Budget Framework Aiming to Close Public Sector Fiscal Gap
Department for Science, Innovation and Technology Prepares Enhanced Artificial Intelligence Safety and Cyber Defense Frameworks
United Kingdom Government Expands International Sanctions Framework Against Russian Shadow Fleet and Financial Enablers
Institute of Directors Reports Sharp Post-Budget Drop in Business Confidence Despite Long-Term Investment Intention Shifts
Chancellor John Healey Defends Sweeping Fiscal Adjustments and Household Support Packages Following Autumn Budget
Parliamentary Petitions Committee Schedules Major Legislative Debates on Special Educational Needs and Non-Stun Meat Labelling
Regional Devolution and Good Growth Fund Frameworks Reshape Local Government Funding Across English Regions
Loughborough University Economic Analysts Highlight Substantial Uncertainty Surrounding Public Sector Efficiency Savings
British Legal Sector Drives Sixty Billion Pounds in Annual Economic Output While Employing Over Half a Million Professionals
Law Society Welcomes New Better Regulation Executive While Pressing for Long-Term Legal Aid Funding Reform
Metropolitan Police and Security Services Heighten Operations Across London Ahead of Large-Scale Public Demonstrations
Bank of England Economists Scrutinize Corporate Tax Adjustments and Public Sector Borrowing Pressures
Chancellor John Healey Defends Autumn Budget Tax and Spending Allocations Following Intense Parliamentary Scrutiny
Department for Environment, Food and Rural Affairs Implements Strict Water Quality Monitoring Rules Following Severe Rainfall and Flooding
Welsh Government Unveils Comprehensive Regional Housing Strategy to Address Rural Affordability and Homelessness Pressures in Cardiff
Office for National Statistics Reports Slowing Consumer Price Inflation and Steady Retail Performance Across United Kingdom Markets
Northern Ireland First Minister Michelle O'Neill and Deputy First Minister Emma Little-Pengelly Advance Cross-Border Infrastructure Agreement in Belfast
Competition and Markets Authority Launches Formal Investigation Into Artificial Intelligence Partnerships Involving Major Technology Corporations
Scottish First Minister John Swinney Secures Cross-Party Support for Devolved Budget Framework and Renewable Energy Expansion
High Court Rules in Favor of Environmental Campaigners Over Department for Energy Security and Net Zero Licensing Procedures
National Health Service England Announces Major Digital Modernization and Artificial Intelligence Diagnostic Rollout Across Regional Trusts
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Cuts Amid Persistent Wage Growth and Inflation Pressures
×