Sen. Rand Paul, on Tuesday afternoon, is expected to force a vote on whether former President Trump’s impeachment trial in the Senate 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 several Republican senators have made. This will force a vote on the point of order, requiring senators to state officially whether they believe the trial is constitutional.
“I think there will be enough support to show that there is no chance that they can accuse the president,” Paul told reporters on Tuesday. “If 34 people support my resolution that this is an unconstitutional process, it shows that they don’t have the votes and we’re basically wasting our time.”
JONATHAN TURLEY, PROFESSOR WHO CALLED INCOMSTITUTIONAL TRUMP IMPEACHMENT TRIAL, TO PARTICIPATE IN THE GOP SENATE LUNCH
He added later in the plenary: “If we are about to try to impeach a president, where is the president of the court? If the accused is no longer president, where is the constitutional power to challenge him?”
The Senate carried out impeachment proceedings for lower-ranking officials who had not held positions in the past, including for former War Secretary William Belknap in 1876. The Senate acquitted Belknap after he stepped down.
Senator Rand Paul, R-Ky., Asks questions during a hearing by the Senate Committee on Government Affairs and Homeland Security to discuss election security and the 2020 electoral process on Wednesday, December 16, 2020, at Capitol Hill in Washington. (Greg Nash / Pool via AP)
But Republicans argued that the trial of Trump, a former president, would be beyond his jurisdiction. The Senate has never faced such an issue in a former president before, so according to most scholars, even if they have an opinion in one way or another, it is an open question.
“The impeachment is for removal from office and the accused here has already stepped down. Hyper-party democrats are about to drag our great country into the gutter of bitterness and violence of a kind never seen in our country’s history,” he said. Paul.
Paulo also defended Trump on the merits of the charges against him. He said that figurative speech like Trump’s does not lead to inciting an insurrection and accused Democrats of hypocrisy.
“No Democrat is going to ask if Maxine Waters incited violence when she literally told her supporters, and I quote, that ‘if you see a member of the Trump administration at a restaurant, a department store, a gas station or any First, you create a crowd and push them, “said Paul.” No Democrat has ever considered Maxine’s impeachment for his violent rhetoric. In fact, Republicans, to our credit, have never found it legitimate to formally censor or impeach these Democrats. “
Trump was impeached after months of falsely claiming he won the presidential election. Trump then held a meeting on January 6, when Congress and former Vice President Pence met to certify the results of President Biden’s victory, where he doubled the claims.
Trump and his allies at that rally used rhetoric – although Trump told his supporters to march “peacefully and patriotically” to the Capitol – as they continued to make false claims about widespread electoral fraud.
A pro-Trump crowd soon stormed the Capitol, forcing Pence and hundreds of lawmakers to hide and loot the building.
Senator Ron Johnson, R-Wis., Said on Tuesday that senators should vote that the impeachment trial is unconstitutional to move forward with the January 6 episode.
“I have read the positions of both sides and I understand that there are legitimate arguments on both sides of this issue,” said Johnson. “The question we are going to vote on … every senator must be is wise, it is the right thing to do. I think that from this point of view, the choice is very clear. It will not heal. It will not unite us. We will put an end on it now. “
Senate majority leader Chuck Schumer, DN.Y., responded last week to Republican arguments that the Senate cannot constitutionally hold an impeachment trial for a former president.
“I heard some of my Republican colleagues argue that this trial would be unconstitutional because Donald Trump is no longer in office, an argument that has been totally repudiated, debunked by left, right and center constitutional academics, and defies basic common sense,” he said. . he said. “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. It makes no sense.”
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Schumer added: “In spite of everything, the suppliers of this unusual argument are just trying to postpone the inevitable. … Make no mistake: there will be a trial and when that trial is over, senators will have to decide whether they believe Donald John Trump has incited him to insurrection against the United States. “
Senate Republicans, at their political convention lunch scheduled for Tuesday, will meet with Professor Jonathan Turley of George Washington University, who argued against the constitutionality of a former president’s impeachment trial. Senate minority leader Mitch McConnell, R-Ky., Plans to discuss the issue of constitutionality at lunch.
Chad Pergram, Kelly Phares and Jason Donner of Fox News contributed to this report.