The Senate sent a strong signal Tuesday that there are not nearly enough votes to convict President Trump in an impeachment trial when only five GOP senators rejected an effort by Sen. Rand Paul (R-Ky.) to declare the looming trial unconstitutional.
The Senate voted 55-45 to set aside Paul’s motion, with all but five GOP senators siding with Paul. GOP Sens. Mitt Romney (Utah), Ben Sasse (Neb.), Susan Collins (Maine), Lisa Murkowski (Alaska) and Pat Toomey (Pa.) voted with Democrats to table Paul’s point of order.
The vote is the clearest sign yet that Trump is heading toward a second acquittal and offers an early insight into which Republicans are lining up behind an argument that his second impeachment trial isn’t constitutional.
Trump will be the first president to undergo a trial after leaving office, but the Senate previously held an impeachment trial for a Cabinet official after they left office.
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#BREAKING: Just five GOP senators vote Trump impeachment trial is constitutional https://t.co/2bWBTCb4ZF pic.twitter.com/SmnWaDP9up
— The Hill (@thehill) January 26, 2021
Weird kind of libertarianism that says a president can commit any kind of offense shortly before he leaves office and not be sanctioned for it in accordance with constitutional procedure. https://t.co/cgXblLCWem
— Jonah Goldberg (@JonahDispatch) January 26, 2021
If Trump is acquitted, remember the names of those who already made up their minds to acquit. When they run for re-election or for any other public office, do what you can to ensure their defeat.
This is the argument some R Senators might lean on to defend a “this trial is unconstitutional but I vote to convict” voting two-step. But 12 of them (need 67 total)? Exceedingly far-fetched… https://t.co/Hyn9LOGpZY
— Guy Benson (@guypbenson) January 26, 2021
Silly @BillKristol being originalist here. In defense of Trump, Republicans believe in a living Constitution. https://t.co/aWB8u8SOFw
— Shay Khatiri (@ShayKhatiri) January 26, 2021
Congressional Research Service twice has reported that most constitutional scholars say a Senate trial of an impeached FORMER official IS, repeat IS, constitutional. Indeed, history on that count is rather clear. The Repub Sens saying otherwise know that – but they're dishonest.
— Quin Hillyer (@QuinHillyer) January 26, 2021
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