Posted on 01/26/2021 2:12:58 PM PST by RandFan
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.
Paul, speaking ahead of the vote, warned that he wanted to force his colleagues to go on the record.
"If we are going to put every politician in jail, are we going to impeach every politician who has used the words 'fight' figuratively in a speech? Shame," he said, accusing Democrats of being "deranged by their hatred" of Trump.
"I want this body on record. Every last person here," Paul added.
Several GOP senators said heading into the vote that they hadn't made a decision on how they would vote, hadn't talked to Paul or, until they saw Tuesday's Senate floor schedule, didn't know he would force the vote.
"I will admit to you I did not think we'd be having a vote on this at this point in time," Murkowski said.
Sen. Roy Blunt (R-Mo.) added, "until I read my notice from the leader this morning I didn't know there was a chance it was going to happen.
Though some GOP senators have said they are waiting to hear presentations during the trial, a growing number appear to be latching onto the argument that the trial, which will start next month, is not constitutional.
Legal professor Jonathan Turley attended a closed-door GOP lunch where senators discussed the strategy.
Sen. Joni Ernst (R-Iowa) said in a statement Monday night that while Trump "exhibited poor leadership and holds some responsibility" for the attack on the Capitol on Jan. 6, that her "concern right now is that the president is no longer in office."
"Congress would be opening itself to a dangerous standard of using impeachment as a tool for political revenge against a private citizen, and the only remedy at this point is to strip the convicted of their ability to run for future office – a move that would undoubtedly strip millions of voters of their ability to choose a candidate in the next election," she added.
Both Romney and Murkowski said on Tuesday before the vote that they believed the trial was constitutional.
"My review of it has led me to conclude that it is constitutional in recognizing that impeachment is not solely about removing a president, it is also a matter of political consequence," Murkowski said.
Romney added that "the preponderance of opinion with regards to the constitutionality of a trial of impeachment of a former president is saying that it is a constitutional process."
Democrats have panned the GOP push to deem Trump's trial unconstitutional, arguing that Republicans are trying to avoid having to make a decision on if Trump's rhetoric met the bar for conviction.
"Some of my Republican colleagues have latched onto a fringe legal theory that the Senate does not have the constitutional power to hold a trial because Donald Trump is no longer in office," said Senate Majority Leader Charles Schumer (D-N.Y.).
"This argument has been roundly debunked by constitutional scholars from the left, right and center. It defies precedent, historic practice, and basic common sense," he added.
Why can’t Romney be dumped, his state will always elect a republican.
“”Some of my Republican colleagues have latched onto a fringe legal theory that the Senate does not have the constitutional power to hold a trial because Donald Trump is no longer in office,”
five names that will not be voted back into office. Its freeing to lose your majority. You can purify the party.
By the way, the senate does not have a vote on what is constitutional.
Robert is not refusing to preside he has no authority to preside. He only presides over presidents and Trump is no longer president.
I don’t understand why the five Republicans who voted for impeachment did so. It is clearly unconstitutional and with Robert’s refusing to preside he as much as said so which would give them all the cover they might need with constituents at home. Now it’s just one more nail in their own coffin when it comes time to be primaried.
Romney won’t be defeated. He’s King of Enchanted Chonies.
The congress has no clothes. Send in the clowns.
A trial might be a good opportunity to showcase all the democrat incitement and finally election fraud.
“...his state will always elect a republican.
Wasn’t the same said about Georgia?...”
Georgia didn’t elect the democrats, the Dominion voting machines and cheating election officials did...
If Trump is given a chance to present evidence of why he was fighting this so hard he could make these people look silly but since Chuckie is setting the rules I doubt Donald is allowed a defense
“He can be dumped in 2024 when he’s up for re-election. He can’t be pushed out of office.”
He can be recalled. (See Newsome in CA)
Judge not lest ye be judged......judgement day is coming for some rino Republicans!!!
He can be recalled. (See Newsome in CA)
I’m an unapologetic Trump supporter and don’t want to see any of this fiasco but something tells me Trump comes out better than he went in in terms of public opinion.
It’s all such a waste and I hope the Democrats pay a huge price along with certain GOP members. Time will tell.
A united states senator can not be recalled!!!
I knew Romney would without even looking.He has a big case of Trump derangement.
Pray that this happens
REVIEW THOSE GEORGIA SENATE ELECTION RESULTS
There were a series of fraudulent voting charges here. Were they enforced and corrected before this election took place ? If they weren’t is not a review called for ?
If the Georgia Secretary of State is in charge of voting he has the responsibility of enforcing the state’s regulations as to who votes. And eliminate those from voter lists who don’t qualify.
Assign prosecutors to personally canvass and investigate. Check if military actually voted by asking them. Identify all voters by checking on legal age their residency and citizenship. If found they do not qualify charge Illegals including state visitors known as snowbirds also include any technical computer fraudulent Italian programming testimony when presenting to the court and get these election results tossed. Try and get it done SAP before the 20th
LINKED HERE ARE REASONS WHY THIS IS WHAT WE SHOULD BE DOING
http://www.freerepublic.com/focus/f-news/3927647/posts#28
http://www.freerepublic.com/focus/f-chat/3924076/posts#30
http://www.freerepublic.com/focus/f-news/3923435/posts#21
http://www.freerepublic.com/focus/f-news/3923157/posts#10
http://www.freerepublic.com/focus/f-news/3922715/posts#18
http://www.freerepublic.com/focus/f-chat/3923312/posts#11
Nice
But went over many heads...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.