Donald Trump’s second impeachment trial is as confusing to many Americans as it is to others who are following it from abroad. The US Senate, which will try him, is not a criminal court, much less the International Court of Justice that some people wish it were on this occasion. Although Trump’s offenses are more egregious than those that were charged against him in the first, failed trial in 2020, he’s no more likely to be convicted now than before. That’s true even though the Senate chamber itself was part of the crime scene this year, as a pro-Trump mob stormed the Capitol, and senators were among the targets and witnesses.
The present confusion has two fundamental causes, one constitutional and divisive by design, the other more opportunistic than malevolent.