The Lawfare Podcast: How the Impeachment Trial Ends

Jen Patja, Benjamin Wittes, Quinta Jurecic, David Priess, Scott R. Anderson, Molly E. Reynolds
Wednesday, February 17, 2021, 12:00 PM

Published by The Lawfare Institute
in Cooperation With

The second impeachment trial of Donald J. Trump is now over. It ended with a roar and then a whimper, and then a little bit of a roar again, as seven Republicans joined all of the Democrats to convict the former president. It wasn't enough, as the Senate needed 67 votes to convict and it only had 57, but it made a statement of sorts—or did it? To discuss the impeachment trial, its weird ending and where it fits in with the effort to hold Donald Trump accountable, Benjamin Wittes sat down with Lawfare managing editor Quinta Jurecic, Lawfare chief operating officer David Priess, senior editor Scott R. Anderson and congressional guru Molly Reynolds. They talked about how the impeachment trial ended, what it meant that the Senate voted to call witnesses and then didn't bother, how to interpret the Senate's performance overall in the second impeachment trial and what the options are now that Donald Trump is a private citizen facing potential civil litigation, as well as criminal investigations and a possible 9/11-style commission.

Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
David Priess is Director of Intelligence at Bedrock Learning, Inc. and a Senior Fellow at the Michael V. Hayden Center for Intelligence, Policy, and International Security. He served during the Clinton and Bush 43 administrations as a CIA officer and has written two books: “The President’s Book of Secrets,” about the top-secret President’s Daily Brief, and "How To Get Rid of a President," describing the ways American presidents have left office.
Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Molly Reynolds is a senior fellow in Governance Studies at the Brookings Institution. She studies Congress, with an emphasis on how congressional rules and procedure affect domestic policy outcomes.

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