The Senate on Tuesday defeated a motion by Sen. Rand Paul to halt former President Donald Trump’s impeachment trial on the grounds that it is unconstitutional.
The vote was 55-45 and sent a strong signal that Trump is unlikely to be convicted. Among those voting against the trial was Senate Minority Leader Mitch McConnell, a Kentucky Republican. It would take a Senate supermajority of 67 votes to convict Trump of the impeachment charge, which means 17 Republicans would have to agree he's guilty.
Paul, a Kentucky Republican, said the trial is unconstitutional because Trump is no longer president. Senators beginning Feb. 9 are expected to debate and vote on one article of impeachment charging Trump with inciting an insurrection ahead of the Jan. 6 attack on the U.S. Capitol by many of his supporters.
The Senate, led by Democrats, defeated Paul’s effort.
“Former President Trump committed in the view of many, including myself, the greatest offense ever committed by a president of the United States,” Senate Majority Leader Chuck Schumer, a New York Democrat, said. “The Senate will conduct a trial of the former president, and senators will render judgment on his conduct.”
Paul argued Trump is now a private citizen and that a decision to allow Democrat Patrick Leahy, the Senate president pro tempore, to preside over the proceeding and not Chief Justice John Roberts is further evidence the trial does not follow the constitution.
“The Chief Justice’s absence demonstrates that this is not a trial as a president, but of a private citizen,” Paul argued on the Senate floor. “Therefore I make a point of order, that this proceeding, which would try a private citizen and not a president, a vice president or civil officer violates the Constitution, and is not an order.”
The vote took place after senators signed an oath book to signal the start of the trial.
Vocal Trump critics were among the GOP senators voting to proceed with the trial: Sens. Mitt Romney of Utah, Lisa Murkowski of Alaska, Ben Sasse of Nebraska, Susan Collins of Maine, and Patrick Toomey of Pennsylvania, who is retiring.
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