Sen. Rand Paul
Randal (Rand) Howard PaulThe Senate’s Sad Sign – Trump is one of The Hill’s Morning Report law books – judgment on Dems issues; January becomes the deadliest month of the pandemic Trump’s censorship faces difficulties in the Senate MORE (R-Ky.) On Thursday, he said he heard that court president John Roberts would not preside over the former President Trump
Donald Trump’QAnon Shaman ‘wants to testify in impeachment trial, lawyer says Boebert clashes with Parkland survivor on Twitter:’ Give your keyboard a rest, kid ‘Night defense: FEMA asks the Pentagon for help with vaccines | US says Taliban ‘failed to keep its commitments’ | Army investigating Fort Hood chaplain MOREThe forthcoming impeachment trial “crystallized” the Republican Party’s argument that the process is unconstitutional.
Paul emerged as a hero to Trump’s supporters this week after using a little-known procedural tactic, a privileged constitutional point, to strike a severe blow to Democrats’ hopes of condemning the former president for an impeachment article approved by the Chamber.
Forty-five Republican senators voted this week to support Paul’s motion that said Trump’s impeachment trial is unconstitutional since he is no longer in office.
“We have known for a long time that a constitutional motion is a privileged motion and that it can happen. We discussed this in our office, ”Paul told The Hill in an interview on Thursday. “What really crystallized this for me is that about a week ago we were on a Republican conference call and they said the president of the court would not be coming.”
“Me and the others said, ‘My God, the president of the court is not coming. It’s a huge sign that there is something wrong with this process, ‘”said Paul, reporting on a Senate Republican Party conference call on January 21, the day after Trump stepped down.
Paul said the news that Senate President Pro Tempore Pat Leahy (D-Vt.) Would preside over the second impeachment trial sounded deeply unfair to many Republicans. Leahy voted to condemn Trump for two impeachment articles last year.
“The view of the Supreme Court president did not appear and also the view of a person who had favored the last impeachment now presiding over the trial – who is also going to vote for the trial – just didn’t seem right or sounded right to any of us,” he added.
Paul described how he then filed a motion to declare the judgment unconstitutional. He presented the motion as a privileged point of order on Tuesday.
The move took GOP colleagues by surprise.
“I didn’t know we could do that,” Senator. Ron Johnson
Ronald (Ron) Harold JohnsonPeters to head the Democratic campaign arm of the Senate The Senate Republican Party delayed Biden’s choice to lead the DHS Republicans now ‘shocked, shocked’ by the deficit MORE (R-Wis.) He said about Paul’s movement. “I was surprised that he raised the point of order. I’m glad he did. “
“When I found out this was happening, I supported it,” added Johnson. “I always thought it was unconstitutional.”
Sen. Lisa Murkowski
Lisa Ann MurkowskiKaine is eyeing next week to file a censorship aimed at stopping Trump from future conservatives, we can’t go back to the ‘no’ party under Biden Schumer warns that Democrats can go it alone to relieve coronavirus next week (R-Alaska) said it was asking its legislative director (LD) on polling day about the obscure procedural tactics.
“Constitutional issue. I was asking my LD to come here. Constitutional? We talked about budget points all the time, when was the last time we made a constitutional point? ”She told reporters after the vote.
Murkowski said the vote illustrates the immense power that Senate rules give individual senators.
“Over here, the power of a senator that we see demonstrated every day,” she said.
A former Republican Senate aide who is known for his procedural expertise as one of the first masters of the so-called “clay pigeon” amendment process applauded Paulo’s action.
“I was very impressed with that. Accessories for Rand Paul. He basically ended the impeachment process before it even started. (A) I was impressed with what he did, I thought it was a great maneuver and (B) I was surprised at how the vote went, ”said the strategist.
Paulo said he kept his plan a secret until voting day. He only informed the Senate cloakroom about the point of order on Monday.
“We told the locker room staff the day before,” he said, adding that the room staff probably alerted the Republican Senate leader Mitch McConnell
Addison (Mitch) Mitchell McConnellGaetz targets Cheney at a rally in his home state The sad Senate signal – Trump is one of The Hill’s Morning Report law books – Dems question trial; January becomes the deadliest pandemic month MORE (R-Ky.) Of the tactic immediately afterwards.
Paulo said he was informed by the legal analysis of Alan Dershowitz
Alan Morton DershowitzDershowitz: The Senate should drop the impeachment article, as Trump is a private citizen. Giuliani will not be part of Trump’s defense at the Senate trial on Sunday shows the preview: Washington is preparing for an inauguration and an impeachment; coronavirus outbreaks in the USA MORE, a Harvard law professor emeritus and constitutional expert who argued that the penalty for an impeachment conviction – removal from office and disqualification from the future position – would not apply to Trump, since he is no longer in office.
“What he means is that it is not written ‘remove from office or disqualify’, but ‘remove and disqualify’. It doesn’t really work if you’ve already stepped down, ”said Paul.
Paul’s point of order stated that Trump “does not hold any of the positions listed in the Constitution” and is “a private citizen”.
It also emphasized Leahy’s role in presiding over the trial.
“His presence and the absence of the president of the court demonstrate that this is not a judgment of the president, but of an ordinary citizen,” says the motion.
Several legal analysts set the precedent for impeaching a former civil servant, but not a president.
Senate Majority Leader Charles Schumer
Chuck SchumerPsaki expects DHS-appointed Mayorkas to head the task force to bring separate families together. Biden DHS chooses advances in the Senate, removing the Republican obstacle Biden and Congress can change child poverty with a stroke of a pen MORE (DN.Y.) recognized in an interview with MSNBC’s Rachel Maddow
Rachel Anne MaddowPsaki expects DHS-nominated Mayorkas to head the task force to bring separate families together Rachel Maddow: The Republican Party has become part of an ‘extremist and violent criminal movement’ Why does John Roberts’s absence from the Senate trial not it’s a surprise MORE this week that Roberts did not want to preside over the trial of a former president.
“He doesn’t want to do that,” the Democratic leader told Maddow.
After 45 Republicans voted against presenting Paul’s motion on Tuesday, many senators predicted that the Trump trial will end in absolution, especially since only five Republican senators joined the Democrats, falling well short of the 17 required to reach the limit conviction of 67.
“I think it is quite obvious from today’s vote that it is extraordinarily unlikely that the president will be convicted,” the senator said. Susan Collins
Susan Margaret CollinsKaine thinks next week to file censorship in order to stop Trump from the future office. White House advisers back off on the idea of splitting the Byrd Rule aid package, a political threat per hour of minimum wage (R-Maine) said after the vote.