Republican Senators are increasingly going on record making it clear that crimes are not enough to convince them that Trump is unfit for office, thereby disqualifying themselves, and the broader Conservative public at large, from serious discussion regarding Trump's crimes and his defrauding of the American people. But more practically, it means that conviction through impeachment is not possible.
Nonetheless, what do you feel is the best approach for dealing with Trump?
1. Impeachment. Sure, this won't result in conviction, but I feel Democrats' decision to impeach would make an important statement regarding the rule of law and the sanctity of our elections. Not impeaching would, in my opinion, cede the discussion altogether to Republicans' ambiguous, ever-shifting and disingenuous standards for what would be prosecutable or impeachable offenses.
2. Trump resigns in return for no impeachment and no indictment. This can be a demoralizing option since justice won't be served, but you have to consider your priorities. Is it more important that Trump leave office as soon as possible, thus sparing the country additional trauma? Or is it more important to see him finish out his term and
maybe receive justice at the end of it? There is no obvious answer to this since by this point the need to see him gone is about as great as the need to see justice served.
3. Indictment. It is Neal Katyal's legal opinion that the statute of limitations would be "tolled." What this means is that the SoL would be extended so that Trump can be indicted once he's out of office. There is additional discussion leading Renato Mariotti and Katyal to agree that indictment while he's in office would be possible; he just couldn't be tried in court until he leaves office. Assuming indictment while he's still in office was possible and was used, remember that this is likely to be challenged in court for many months before it was resolved. If you choose this option, be sure to remember that a successful indictment is purely theoretical, has never been tested, and even if successful he would not be tried until he leaves office.
You can listen to the discussion between Katyal and Mariotti (December 8) here:
https://ontopicpodcast.simplecast.fm/
While deciding on which option best suits you, be sure to remember that it is almost certainly Pence's fate to pardon Trump regardless of anything that happens.
You: "But none of these options are all that great! None of them offer a guaranteed or universally positive outcome!"
Me: "Trump was elected President; a universally positive outcome doesn't exist."
