“Given the importance of the trial schedule, the key practical question is whether the court focuses solely on Trump’s case or endorses immunity in other instances. Smith’s gambit is a fallback that would let the court order the trial to proceed even if its opinion extends to broader principles of immunity.”
No, it isn’t. The DOJ is not involved at any point in an impeachment, and it is entirely a political process, not a fact finding or justice seeking one. If, say, a senate full of Republicans wants to look away from matters and not vote to have him punished, he won’t be. Like he wasn’t. And the consequences they can impart don’t include imprisonment or fines, just removal from office and a ban from holding office.