Rand Paul to trigger Senate vote on whether Trump’s impeachment trial is constitutional



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Senator Rand Paul is expected to force a vote on Tuesday afternoon on whether former President Trump’s Senate impeachment trial is unconstitutional now that he has been removed from office.

Paul, R-Ky., Told reporters he would rise on a point of order alleging that the trial was unconstitutional – an argument several Republican senators have made. This will force a vote on the point of order, forcing senators to formally declare whether they believe the trial is constitutional.

“I think there will be enough support to show that there is no way they can remove the president,” Paul told reporters on Tuesday. “If 34 people support my resolution that this is an unconstitutional procedure, it shows that they do not have the votes and that we are wasting our time.”

JONATHAN TURLEY, PROFESSOR WHO CALLED TRUMP IMPEACHMENT TRIAL UNCONSTITUTIONAL, TO ATTEND THE SENATE GOP LUNCH

He later added in his remarks: “If we are about to try to remove a president, where is the chief justice? If the accused is no longer president, where is the constitutional power to remove him? “

The Senate held impeachment proceedings for lower office holders who were no longer in office in the past, including former Secretary of War William Belknap in 1876. The Senate acquitted Belknap after his departure .

Senator Rand Paul, R-Ky., Asks Questions at a Senate Homeland Security & amp;  Government Affairs Committee hearing to discuss electoral security and the 2020 electoral process on Wednesday, December 16, 2020 on Capitol Hill in Washington.  (Greg Nash / Pool via AP)

Senator Rand Paul, R-Ky., Asks Questions at a Senate Homeland Security & amp; Government Affairs Committee hearing to discuss electoral security and the 2020 electoral process on Wednesday, December 16, 2020 on Capitol Hill in Washington. (Greg Nash / Pool via AP)

But Republicans have argued that the trial of Trump, a former president, would fall outside his jurisdiction. The Senate has never faced a question of this nature about a former president before, so according to most academics, even if they have an opinion one way or another, it’s an open question. .

“The impeachment is an impeachment and the accused here has already left office. Hyper-partisan Democrats are about to drag our great country into the gutter of grudge and vitriol like never before. seen in the history of our country, ”said Paul.

Paul also defended Trump on the merits of the charges against him. He said this figurative speech like Trump’s did not incite an insurgency and accused Democrats of hypocrisy.

“No Democrat will ask if Maxine Waters instigated violence when she literally said to her supporters, and I quote, that ‘if you see a member of the Trump administration in a restaurant, in a department store, in a gas station or whatever, you create a crowd and push them back, ”Paul said. “No Democrat has ever considered impeaching Maxine for his violent rhetoric. In fact, Republicans, to our credit, never thought it was legitimate to officially censor or remove these Democrats.”

Trump was impeached after falsely claiming for months that he won the presidential election. Trump then called a rally on Jan.6, when Congress and former Vice President Pence met to certify the results of President Biden’s victory, where he doubled down on his demands.

Trump and his allies at this rally used biased rhetoric – although Trump at one point told his supporters to march “peacefully and patriotically” to Capitol Hill – as they continued to make false claims about the fraud generalized electoral system.

Soon after, a pro-Trump mob stormed the Capitol, forcing Pence and hundreds of lawmakers into hiding and ransacking the building.

Senator Ron Johnson, R-Wis., Said on Tuesday that senators should vote the impeachment trial unconstitutional in order to move on from the Jan.6 episode.

“I have read the positions on both sides and understand that there are legitimate arguments on both sides of this issue,” Johnson said. “The question on which we will vote… for every senator should be is it wise, is it the right thing to do. I think from that point of view the choice is very clear. It will not heal. will not unite. end it now. “

Senate Majority Leader Chuck Schumer, DN.Y., responded last week to Republican arguments that the Senate cannot, constitutionally, hold a trial for the impeachment of a former president.

“I have heard some of my fellow Republicans argue that this trial would be unconstitutional because Donald Trump is no longer in office, an argument which has been outright repudiated, debunked by constitutionalists on the left, right and center, and which defies common sense, “he said. “It makes no sense that a president – or an official – could commit a heinous crime against our country and then be allowed to resign in order to avoid accountability and a vote to exclude them from their future office. makes no sense. “

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Schumer added: “Either way, the purveyors of this unusual argument are simply trying to delay the inevitable. … Make no mistake: there will be a trial and when this trial ends, Senators will have to decide whether they believe Donald John Trump instigated the insurgency against the United States. “

Senate Republicans at their caucus lunch scheduled for Tuesday will meet with Professor Jonathan Turley of George Washington University, who has argued against the constitutionality of an impeachment trial against a former president. Senate Minority Leader Mitch McConnell, R-Ky., Plans to discuss the issue of constitutionality over lunch.

Chad Pergram, Kelly Phares and Jason Donner of Fox News contributed to this report.

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