North Carolina’s two Republican Senators split on whether to convict former President Donald Trump after he was impeached for inciting an insurrection after a violent mob attacked the Capitol on Jan. 6.
Sen. Richard Burr voted "guilty," while Sen. Thom Tillis voted "not guilty."
Earlier this week, both voted against proceeding with the trial, declaring it unconstitutional since Trump is out of office. During the last impeachment trial, both also voted to acquit Trump on both charges.
Trump was ultimately acquitted by the U.S. Senate after a quick trial that featured no witnesses. Only 57 senators voted guilty, falling short of the two-thirds threshold required to convict.
Sen. Burr’s ‘Guilty’ Vote
Burr, who is not running for re-election next year, was one of seven Republicans to vote to convict Trump.
Burr’s vote caught many by surprise. Earlier this week, he voted against proceeding with the trial. He is the only Republican who voted against going ahead with the trial this week who later voted for conviction. (Sen. Bill Cassidy of Louisiana - who also voted to convict - previously voted to object to the constitutionality of the trial, but ultimately voted to let it proceed this week.)
On the day of the Capitol attack, Burr laid the blame for the mob violence at Trump’s feet. “The President bears responsibility for today’s events by promoting the unfounded conspiracy theories that have led to this point,” he said in a statement at the time.
In a statement Saturday, Burr explained his "guilty" vote, writing, “As Congress met to certify the election results, the President directed his supporters to go to the Capitol to disrupt the lawful proceedings required by the Constitution. When the crowd became violent, the President used his office to first inflame the situation instead of immediately calling for an end to the assault.”
“The evidence is compelling that President Trump is guilty of inciting an insurrection against a coequal branch of government and that the charge rises to the level of high Crimes and Misdemeanors,” he continued.
Speaking to reporters in the weeks leading up to the trial, Burr raised questions as to whether impeachment was the proper venue to hold a former president accountable.
“This is a civilian now. A charge like this would go to the Justice Department and be referred for prosecution,” Burr told the Capitol Hill press pool on Jan. 25.
In his Saturday statement, he said that while he thought impeaching a former president was unconstitutional, “the Senate is an institution based on precedent, and given that the majority in the Senate voted to proceed with this trial, the question of constitutionality is now established precedent.”
Burr’s vote faced quick rebuke from the chairman of the North Carolina Republican Party.
"North Carolina Republicans sent Senator Burr to the United States Senate to uphold the Constitution and his vote today to convict in a trial that he declared unconstitutional is shocking and disappointing,” said NCGOP Chairman Michael Whatley in a statement.
Sen. Tillis’s "Not Guilty" Vote
Sen. Tillis, who was just re-elected last fall, joined with a majority of his Republican colleagues in voting to acquit the former president.
In the days leading up to the trial, he raised questions about the process, in particular regarding how impeachment played out in the House.
In a statement after the Saturday vote, Tillis criticized the House for not interviewing witnesses or conducting a “formal and thorough investigation.” He also argued there are “valid questions” about whether it is constitutional to hold an impeachment trial for a “private citizen.”
“The ultimate accountability is through our criminal justice system where political passions are checked and due process is constitutionally mandated. No president is above the law or immune from criminal prosecution, and that includes former President Trump,” he wrote.
At the same time, Tillis also offered criticism of the former president.
“It is important to note that a not guilty verdict is not the same as being declared innocent. President Trump is most certainly not the victim here; his words and actions were reckless and he shares responsibility for the disgrace that occurred on January 6,” he wrote.