By Aaron Miller-
The impeachment trial of Donald Trump is divided members of the senate, but it will go ahead despite objections claiming an impeachment is unconstitutional.
The motion, from Sen. Rand Paul, R-Ky was defeated by a vote of 55-45, but signalled the unlikely outcome of a conviction kin the Senate to achieve the 67 votes needed for a conviction.
A vote by two-thirds of the Senate would be required to convict Trump, meaning 17 Republican senators must cross ranks and vote for the conviction.
Rand Paul told reporters afterward the vote meant ‘the impeachment trial is dead on arrival.’
‘It’s one of the few times in Washington where a loss is actually a victory,’ he noted.
Senators were sworn for Trump’s second impeachment trial earlier Tuesday, a day after House impeachment managers delivered to the Senate the article of impeachment against Trump for incitement of insurrection in the Capitol riot earlier this month.
Trump’s staunch allies are standing by the view that the impeachment of the former U.S president is unconstitutional because the provision of an impeachment against a president was designed to remove a president from office who had committed an act of misconduct .
An impeachment also serves another purpose, that is to potentially disqualify him from holding office ever again. Republicans have relied heavily on the argument that Donald Trump is no longer in office and therefore an impeachment trial goes against the principle of removal from the post.
The other half of the goal impeachment serves in barring any future shot at office is irrelevant to the army of Republicans objecting to the trial
The senators were given the oath by Sen. Patrick Leahy, D-Vt., the president pro tempore of the Democratic-controlled Senate.
The rules for the trial, including its duration, and whether witnesses will be allowed to testify, have not yet been finalized.
After several days of debate, the Senate’s Republican and Democratic leaders struck a deal last Friday on the timing of the trial, which is slated to start the week of Feb. 8.
The deal gives the Senate two weeks to focus on confirming President Joe Biden’s Cabinet nominees and work on a coronavirus relief package, the centerpiece of Biden’s early legislative agenda, while also allowing Trump time to prepare his defence.
Republicans to argue that he can’t be subjected to an impeachment trial, because the Constitution says “judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States.”
Language Of The Constitution
Supporting Republican objections was George Washington University law professor Jonathan Turley, who spoke to Senate Republicans at a lunch ahead of the swearing-in on Tuesday. Turley said he is against the second impeachment because it is “at odds with the language of the Constitution” because the trial is taking place with Trump no longer in office.
45 Senators concluded the ‘trial’ is unconstitutional. because the former president is no longer in office, overlooking the fact the impeachment was established while Trump was in office, and the issue of conviction is a matter for the records and the future.
The Democratic-controlled House approved the article of impeachment on Jan. 13 in a 232-197 vote; 10 Republicans voted against Trump.
Constitutional
Harvard law professor Laurence Tribe and University of Texas law professor Steve Vladeck, has claimed the trial is constitutional because one of the considerations the Senate must make is whether to bar the subject of impeachment from future office.
Senator Ted Cruz said: “I think this impeachment is a mistake. I think it is petty and vindictive on the Democrats’ part, and I think they’re engaged in political retribution. And so I’m going to vote against conviction.”
Senate Trial
The Senate trial is expected to begin the week of Feb. 8 under a deal struck between the parties. Senate Republicans had requested extra time to allow Trump’s lawyers to prepare.