Jonathan Chait writes:

Donald Trump limped his way to acquittal in his second impeachment trial, with 57 senators voting to convict him of inciting insurrection. But it is an ominous sign that not only did many of the senators who did vote to acquit base their position on a technicality — Trump was supposedly ineligible for impeachment as an ex-officeholder, as opposed to not guilty of the crime — they conspicuously pointed toward the court system as a venue for further prosecution.

“The ultimate accountability is through our criminal justice system where political passions are checked,” said Republican senator Thom Tillis, who voted not guilty, “No president is above the law or immune from criminal prosecution, and that includes former president Trump.” Mitch McConnell, who likewise voted to acquit, announced, “Impeachment was never meant to be the final forum for American justice. … We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one.”

This might seem fanciful, or a convenient way for Republicans to evade responsibility. But Trump is facing serious legal exposure. [Continue reading…]