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.
Read more at The Hill.
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The cabinet officials previously tried “after they left office” had resigned inan attempt to avoid impeachment. No one whose term of office had ended has been impeached.
The Republican tried the same thing last time. They said that Trump’s impeachment violates the sixth amendment because Trump had no ability to confront his Russian accusers. And various other violations of the sixth amendment .
The Democrats said that the sixth amendment only applies to criminal cases and no criminals charges were being brought against him during his impeachment trial.