Philology: Fully-Acquited, Acquitted vs Not Removed

This is probably pedantic, but I have never liked the use of the term “acquit” in the context of impeachment, I did not like it in 1999, and I still do not like it today. I just do not see it as being an accurate description of the process.

I predict that 90% of responses will include some variant of “melt” or “lib” or “sky scream” or the ever-popular “got him” or “her turn.” Nonetheless, I hope a few people will provide their substantive thoughts.

The Constitution does not use the term “acquittal” in the impeachment context. A person is either removed from office, or he is not.

Use of the term probably arose from the use of “convicted” to describe a 2/3 vote by the Senate in favor of an Article of Impeachment. “Acquittal” means the same as “not convicted” in the criminal context, right?

Not really.

An impeachment proceeding that reaches a final vote by the Senate has two possible outcomes ... removal or non-removal.

A criminal proceeding that reaches a final vote by the jury has (at least) three possible outcomes.

A criminal jury can (1) produce a “conviction,” in which the jury makes a unanimous (usually) affirmative finding that the prosecution met its burden of proof.

A criminal jury can (2) produce an “acquittal” (verdict of “not guilty”), in which the jury makes a unanimous (usually) affirmative finding that the prosecution FAILED to meet its burden of proof. (“ACQUIT: to free (someone) from a criminal charge by a verdict of not guilty.”)

Or a criminal jury can (3) be a “hung jury,” in which situation the jury is not able to provide a unanimous finding, one way or the other.

In contrast to a criminal proceeding, an impeachment proceeding mathematically cannot result in a “hung jury,” and it does not produce an affirmative finding of innocence.

Ergo, the criminal analogy falls apart, and the term “acquittal” is inaccurate.

President Trump was not removed from office, and I do not believe that he SHOULD have been removed from office. But he was not “acquitted,” either. (Neither was Billy Jeff or Andy Johnson).