Prospects for condemning Trump diminish as the Republican Party demonstrates against Senate impeachment procedures

After Democratic leaders announced they would start the process to start the impeachment trial on Monday, Republicans became harshly critical of the process – and made it clear that they saw virtually no chance that at least 17 Republicans would join 50 Democrats to condemn Trump also prevent him from running from office again.

In interviews with more than a dozen Republican senators, the consensus was clear: most Republicans are likely to acquit Trump, and only a few risk falling to condemn the former president – unless more evidence or political dynamics emerge within. of your party changing dramatically. However, Republicans are also signaling that the more time has passed since the turmoil, some of the day’s emotions have cooled and they are ready to move on.

“The chances of getting a conviction are virtually nil,” said Sen. Roger Wicker, a Republican from Mississippi.

“I don’t know what the vote will be, but I think the two-thirds chance is nil,” said Sen. John Cornyn, a Texas Republican and a member of his party’s leadership who considered the Democratic impulse to start the trial “vindictive.”

“Listening to the dynamics – and everything up to this point – it will be difficult to get even a handful,” said Sen. Mike Braun, an Indiana Republican, referring to possible Republican Party defectors. “I think many are getting confused by the fact that we are doing this – and everyone has an opinion that it is a kind of constitutional concern.”

The Republican Party’s arguments are now in focus, claiming that the process is unconstitutional for trying a former president and arguing that the trial is moving in a very short time to give Trump due process, says Democrats vehemently reject it. But those arguments, Republicans believe, will allow them a way to escape Trump’s condemnation without endorsing his conduct in the race for the deadly crowd that sacked the Capitol on January 6. And Senate minority leader Mitch McConnell is likely to land in the same place as much of his conference, Republican senators believe, although the Republican leader said he would hear the arguments first before deciding how to vote.

Politically, most Republicans are not eager to break ranks and draw the kind of attack that came from the 10 House Republicans who voted to impeach Trump last week for the second time in his presidency, this time on charges of inciting an insurrection. .

“Many see this as a game of shirts and furs,” said a Republican senator, referring to how many of his colleagues see the process as a strictly partisan affair.

For Democrats, the calculation is also complicated. If they seek a longer trial – even during the 21 days of Trump’s first impeachment trial in 2020 – with witnesses, they could satisfy some Republicans who are arguing that the trial should give Trump an adequate opportunity to make his case. However, doing so could erode the first full month of Biden’s presidency, while a shorter trial would alienate some Republicans.

“I am not in favor of any witch hunts,” said Cornyn, who noted that he would be less likely to be convicted if it were a short trial without witnesses. “This must be a fair and respectable process because everything we do is not just about President Trump. It is about setting a new precedent and, as you know, as soon as we do things around here and there is a precedent for that. , that will be the rule for the next time it happens. “

Among the most likely GOP defectors are Sens. Mitt Romney from Utah, Susan Collins from Maine, Ben Sasse from Nebraska, Lisa Murkowski from Alaska and Pat Toomey from Pennsylvania. But Republican leaders who monitor his conference closely do not see much of a chance that the list will grow to 17 senators, unless something changes dramatically or more is discovered about Trump’s role in fanning the violent crowd.
“There are less than a handful of Republicans at stake,” said Sen. Lindsey Graham, the Republican from South Carolina who is pressuring his colleagues to stay with Trump or risk “destroying” his party.

And even some who were seen as possible final votes are critical of Democrats for trying to start the trial immediately, instead of following McConnell’s proposed schedule of postponing proceedings until the end of February.

“It is very problematic, I would say, for people who are bringing it up now from a time perspective,” said Senate minority deputy John Thune, the second Republican, who criticized Trump’s conduct and is also a candidate for re-election in 2022. “I think it will be very important to have due process or not.”

Murkowski added: “I think what McConnell established was eminently reasonable, in terms of ensuring that we have the process. We have to have a process and the process has to be fair.”

Collins, the Maine Republican who strongly criticized Trump’s conduct, said he was consulting “constitutional scholars” on the proceedings. Asked about Republican senators’ assessment that Trump will almost certainly not be condemned, she said: “This is not an irrational conclusion, but I just don’t know.”

McConnell himself saw in particular how Trump handled the disorders with disdain and told people that they constituted at least one impeachable offense, while saying that the crowd was “provoked” by the former president. But McConnell made it clear to his colleagues that he is undecided – and several Republicans told CNN this week that he risks losing his position at the top of the Senate Republican conference if he votes on Trump’s sentencing.

And in the past two days, McConnell has publicly defended the case to give the Trump team more time to prepare. With much of the GOP conference now lining up against the sentencing, Republicans speculate that the GOP leader is likely to vote for absolution as well.

One of the main obstacles that Democratic House managers will have with Republicans is to convince them that a trial is constitutional, as a group of Senate Republicans has argued in recent days that the trial of a former president who is now a private citizen it is unconstitutional. Such an argument could give Republicans a reason to vote for Trump’s absolution without addressing his conduct around the Capitol insurrection earlier this month.

“I think it’s obvious that post-presidential impeachment has never occurred in the country’s history for a reason, which is unconstitutional, which sets a bad precedent for the presidency and continues to divide the nation,” Graham said on Friday.

It is a debate that enters unprecedented territory, since the Senate has never carried out an impeachment process for a president who left office because such a scenario has never arisen. But Democrats have pointed to lawyers at both ends of the political spectrum who say a trial is constitutional. Legal analysts say there are precedents for an impeachment trial by a former Senate official, as the Senate tried War Secretary William Belknap in 1876 after he resigned shortly before the House voted to impeach him.

“It makes no sense that a president – or any authority – can commit a heinous crime against our country and then be allowed to step down to avoid accountability and a vote to remove them from a future position,” Schumer said on Friday. .

Trump’s Republican defenders back down.

Senator Josh Hawley, a Missouri Republican who sparked a negative reaction by joining House Republicans to try to overturn the Pennsylvania election results, distanced himself from Trump’s comments at the January 6 rally when he asked his supporters to go to the Capitol that day, calling them “inflammatory” and “irresponsible”.

But when asked how they should hold Trump accountable, Hawley said: “Breaking the constitution and using an unconstitutional process is not the way to do it.”

Ali Zaslav, Ali Main and Olanma Mang of CNN contributed to this report.

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