Topline
The Senate on Tuesday tabled a motion by Sen. Rand Paul (R-Ky.) that would have dismissed the second impeachment trial of former President Donald Trump, but 45 Republicans sided with Paul on the motion, including Senate Minority Leader Mitch McConnell (R-Ky.)—a sign Democrats do not have the votes to convict Trump.
Senate Minority Leader Mitch McConnell (R-KY) heads to the floor of the Senate on January 26, 2021 … [+] in Washington, DC. Today senators will be sworn in as the jury for the second impeachment trial of former President Donald Trump. Senate President pro tempore Patrick Leahy (D-VT) will preside over the trial in place of Supreme Court Chief Justice John Roberts. (Photo by Samuel Corum/Getty Images)
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Key Facts
Five Republicans voted with Democrats on the point of order: Mitt Romney of Utah, Ben Sasse of Nebraska, Susan Collins of Maine, Lisa Murkowski of Alaska, and Pat Toomey of Pennsylvania.
McConnell, the most powerful Republican in the upper chamber, was thought to have privately supported the impeachment effort, having blamed Trump for provoking the rioters in a speech on the Senate floor earlier this month.
For Trump to be convicted, 17 Republicans would need to join all 50 Democrats in the effort – with conviction being a prerequisite for barring Trump from holding future office, which Democrats have said is their substantive goal.
Paul, in a floor speech announcing his objection, called the trial a “sham” and “unconstitutional,” arguing that “impeachment of a private citizen is illegal and essentially a bill of attainder.”
Senate Majority Leader Chuck Schumer shot back that Paul’s argument has been “completely debunked” by legal scholars and vowed “the Senate will conduct a trial of the former president and senators will render judgment on his conduct.”
Key Background
Ten House Republicans voted to impeach Trump, including Rep. Liz Cheney (R-Wyo.), the third ranking GOP lawmaker in the lower chamber. Several Republicans have since called for Cheney to resign or be removed from her position as conference chair. If Trump were convicted by a two-thirds vote, the Senate could then vote to bar him from office, a maneuver that would require a simple majority.
Surprising Fact
Rep. Peter Meijer (R-Mich.), one of the ten Republicans to back impeachment, said he feared for his life after the vote, and said he would buy body armor to protect himself.
Chief Critic
As reports swirled that McConnell was considering voting to convict Trump, Republicans warned doing so would threaten his position in the party. In an interview with Fox News last week, Sen. Lindsey Graham (R-S.C.) said McConnell was wrong when he blamed Trump for inciting the riot, and cautioned any Republican who tried to “erase” the former president from the party would be “erased” themselves.
Big Number
52%. That’s the share of respondents in a Monmouth University poll of 809 U.S. adults released Monday who said Trump should be convicted, compared to 44% who said he should not. However, 57% said they favor barring Trump from holding future office compared to 41% who oppose such a move.
What To Watch For
According to a trial schedule agreed to by leaders in both parties, Trump’s response to the articles are due by Feb. 2, and his pre-trial brief is due Feb. 8. On Feb. 9, the Democratic-controlled House is scheduled to submit their brief, at which point the trial will begin.
Further Reading
‘You’re Going To Get Erased’: Republicans Warn McConnell, Other Colleagues Against Convicting Trump (Forbes)
