The first Senate impeachment of Donald Trump was anything but a trial: no witnesses, no documents, no evidence, no testimony. Indeed, half of the Senators refused to hold Trump accountable for crimes and abuses he committed in plain sight.

But if Senate Impeachment Trial part one was an embarrassment, just wait until Senate Impeachment Trial: The Sequel. Every single senator - the jurors - has a disqualifying conflict, as they are either witnesses, victims or possible instigators/perpetrators themselves.

In my 30 years as a federal prosecutor I participated in jury selection hundreds of times. The first rule of jury selection is that each juror must be able to decide a case fairly and impartially, with absolutely no stake in the result. Now obviously, an impeachment trial is a political proceeding, not a criminal trial. But to suggest that senators who are witnesses to the insurrection, victims of the insurrection or enablers of the insurrection, can sit as fair jurors is pure folly. 

In short, accountability and justice can not be achieved in a Senate Impeachment "trial." Accountability - justice - can only be achieved in a criminal trial.

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