Today, Senator Rand Paul introduced a vote to the Senate floor to challenge the constitutionality behind impeaching President Trump now that he has left office. Ultimately, the Senate voted 55-45 against Sen. Paul’s motion with Mitch McConnell siding with Sen. Paul.
Senator Rand Paul tweeted, “The Senate just voted on my constitutional point of order. 45 Senators agreed that this sham of a “trial” is unconstitutional. That is more than will be needed to acquit and to eventually end this partisan impeachment process. This “trial” is dead on arrival in the Senate.”
Fox News reports:
Sen. Rand Paul on Tuesday afternoon is expected to force a vote on whether the Senate impeachment trial of former President Trump is unconstitutional now that he is out of office.
Paul, R-Ky., told reporters he will make a point of order alleging that the trial is contrary to the Constitution — an argument that multiple Republican senators have made. That will force a vote on the point of order, requiring senators to go on-the-record about whether they believe the trial is constitutional.
“I think there will be enough support on it to show there’s no chance they can impeach the president,” Paul told reporters Tuesday. “If 34 people support my resolution that this is an unconstitutional proceeding it shows they don’t have the votes and we’re basically wasting our time.”
He added in floor remarks later: “If we are about to try to impeach a president, where is the chief justice? If the accused is no longer president, where is the constitutional power to impeach him?”
Today’s vote gives a good indication of how the incoming impeachment trial will ultimately shake out. Democrats will struggle to have the required 17 Republicans vote to convict the former president.