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Prof. Michael W. McConnell says that if the House had charged former President Donald Trump with something broader than “incitement of insurrection” — such as using the mob and other tactics to intimidate election officials to void the election results — it would have been harder for senators to vote to acquit. That may be so, but it seems unlikely that two-thirds of the Senate was going to convict the former president no matter how the charge against him had been framed.
Another charge the Democrats could have used was violating Section 3 of the 14th Amendment. That provision precludes any officer of the United States from ever holding office again if they have “engaged in insurrection.”

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