Paul says Roberts absence ‘crystallized’ argument against Trump impeachment

His. Rand PaulRandal (Rand) Howard PaulThe sad signal from the Senate – Trump is one for the law books The Hill’s Morning Report – Dems question trial; January becomes deadliest month of pandemic Trump censorship faces severe challenges in Senate (R-Ky.) Told at the hearing Thursday that Chief Justice John Roberts would not be presiding over the former President TrumpDonald Trump ‘QAnon Shaman’ set to testify in impeachment trial, lawyer says Boebert runs into Parkland survivor on Twitter: ‘Give your keyboard a rest, kid’ Night defense: FEMA asks Pentagon to help him get vaccinated | US Says Taliban “Failed to Live Up” | Army investigates Fort Hood Chaplain READ MOREThe upcoming impeachment trial has “crystallized” the GOP’s argument that the procedure is unconstitutional.

Paul became a hero to Trump supporters this week after using a little-known procedural tactic, a privileged constitutional point of order, to deal a severe blow to Democrats’ hopes of convicting the former president over an impeachment article passed by bedroom.

Forty-five GOP senators voted this week in favor of Paul’s motion that Trump’s impeachment trial against Trump is unconstitutional because he is no longer in office.

“We have known for a long time that a constitutional motion is a privileged motion and that it can happen. We discussed it in our office, ”Paul told The Hill in an interview Thursday. “What really crystallized me was that about a week ago we were on a Republican conference call and they said the chief justice was not coming.

“Myself and the rest of us were like, ‘Oh my God, the chief justice isn’t coming. It’s a huge, huge signal that there is something wrong with this procedure, ”said Paul, recounting a GOP Senate conference call on Jan.21, the day after Trump left office.

Paul said the news that Senate Speaker Pro Tempore Pat Leahy (D-Vt.) Would be presiding over the second impeachment trial struck many Republicans as deeply unfair. Leahy voted to convict Trump on two articles of impeachment last year.

“The optics of the chief justice don’t come and then also the optics of a person who favored the last indictment now presiding over the trial – who will also vote at the trial – it just didn’t have the effect. correct or healthy look of us, ”he added.

Paul described how he then brought a motion to declare the lawsuit unconstitutional. He presented the motion as a privileged point of order on Tuesday.

This decision surprised GOP colleagues.

“I didn’t know we could do it,” Sen. Ron JohnsonRonald (Ron) Harold JohnsonPeters to lead Senate Democratic campaign arm Senate GOP slows down Biden’s choice to lead DHS Republicans now ‘shocked, shocked’ that there is a deficit MORE (R-Wis.) Said of Paul’s motion. “I was surprised he could even raise the point of order. I’m glad he did.

“When I found out it was in the works, I supported him,” Johnson added. “I always thought it was unconstitutional.”

His. Lisa MurkowskiLisa Ann Murkowski Kaine plans next week to lay down censorship to exclude Trump from future Tory job, we can’t get back to ‘no’ party under Biden Schumer warns Democrats could go it alone on coronavirus relief from next week PLUS (R-Alaska) said she was questioning her legislative director (LD) on polling day about the obscure procedural tactics.

“Reminder to the Constitutional Rules. I was asking my LD to come here. Constitutional? We keep talking about points of order on the budget, when was the last time we raised a point of order? she told reporters after the vote.

Murkowski said the vote illustrates the immense power that Senate rules grant to senators.

“Over here, the power of a senator that we see demonstrated every day,” she said.

A former Republican Senate aide who is known for his procedural expertise as the chief petty officer of the so-called “clay pigeon” amendment process applauded Paul’s decision.

“I was very impressed with it. Accessories to Rand Paul. He basically ended the impeachment process before it even started. (A) I was impressed that he did it, I thought it was a great maneuver and (B) I was surprised at how the vote went, ”said the strategist.

Paul said he kept his plan a secret until voting day. He only informed the Senate cloakroom of the point of order on Monday.

“We told the locker room staff the day before,” he said, adding that the prosecution staff had probably alerted the Republican Senate leader. Mitch mcconnellAddison (Mitch) Mitchell McConnellGaetz targets Cheney at rally in his home state Sad Signal from Senate – Trump is one for law books The Hill’s Morning Report – Trial of the Dems; January becomes deadliest pandemic month READ MORE (R-Ky.) Tactics immediately after.

Paul said he was informed by the legal analysis of Alan dershowitzAlan Morton Dershowitz Dershowitz: Senate Should Reject Impeachment Article Since Trump Is A Private Citizen Giuliani Will Not Be Part Of Trump’s Defense In Sunday’s Senate Trial Preview: Washington Prepares For Inauguration and Impeachment ; coronavirus hits the United States MORE, professor of law emeritus at Harvard and constitutional expert who argued that the penalty for an impeachment conviction – removal from office and removal from future office – would not apply to Trump since he is no longer in office .

“His argument is that he does not say ‘remove from office or disqualify’, he says ‘withdraw and disqualify’. It doesn’t really work if you’ve already left office, ”said Paul.

Paul’s point of order stated that Trump “did not hold any of the positions listed in the Constitution” and was “a private citizen.”

He also highlighted Leahy’s role in presiding over the trial.

“His presence and the absence of the chief justice show that this is not a trial of the president but of a simple citizen,” said the motion.

Several legal analysts have pointed to a precedent to impeach a former public servant, but not a president.

Majority Leader in the Senate Charles SchumerChuck SchumerPsaki Expects DHS Candidate Mayorkas to Lead Task Force to Reunite Biden Separated Families DHS Chooses Senate Breakthroughs, Overcoming Republican Barrier Biden and Congress Can Change Child Poverty in Biden a stroke of the pen PLUS (DN.Y.) recognized in interview with MSNBC Rachel MaddowRachel Anne MaddowPsaki expects DHS candidate Mayorkas to lead task force to reunite separated families Rachel Maddow: GOP has become the party of a ‘fringe, violent and extremist criminal movement’ Why the John Roberts’ absence from Senate trial is no surprise MORE this week that Roberts did not want to preside over the trial of an ex-president.

“He doesn’t want to do it,” the Democratic leader told Maddow.

After 45 Republicans voted against tabling Paul’s motion on Tuesday, many senators predicted that Trump’s trial would end in an acquittal, especially as only five GOP senators joined the Democrats, which is far from the 17 required to reach the conviction threshold of 67.

“I think it’s pretty obvious from today’s vote that it’s extremely unlikely that the president will be convicted,” Sen said. Susan collinsSusan Margaret Collins Kaine plans next week to file censorship to bar Trump from leaving future office White House aides push back on splitting Byrd Rule relief package, policy threatens hourly minimum wage MORE (R-Maine) said after the vote.