Two Republican senators pledge to keep an open mind in Trump’s second impeachment trial

Ohio Senator Rob Portman, a moderate Republican, told CNN’s Dana Bash on “State of the Union” that he believes Trump’s comments leading up to the attack on Capitol Hill were in part responsible for the violence and that he would keep an open mind.

“I said in regards to the President’s comments that day that they were partly responsible for what happened to the horrific violence on Capitol Hill. I also said that what he did done was wrong and inexcusable. I used the word inexcusable because that is how I feel. We will see. I am a juror and I will keep an open mind, but I think the issue of constitutionality needs to be resolved ” said Portman, who will not seek re-election after his term ends in 2022.

Another moderate Republican, Louisiana Senator Bill Cassidy, separately told Fox News on Sunday that he would wait to make a decision on his vote based on the evidence presented at the trial.

“From what I understand, the evidence is going to focus on whether or not the president helped create an atmosphere conducive to the impeachment of the Capitol, by breaking into, threatening, if you will, the members of Congress and Vice President (Mike) Pence So I hope that whatever defense is put in place refutes this accusation, ”he said.

The comments come hours after Trump’s five defense attorneys left for impeachment, according to people familiar with the case, amid a disagreement over his legal strategy.

A person familiar with the departures told CNN that Trump wanted lawyers to argue there had been mass electoral fraud and the election stolen from him rather than focusing on the legality of convicting a president after his departure. Trump was not receptive to discussions of how they should proceed in this regard.

CNN previously reported that Senate Republicans who criticized Trump without doing anything with his actions were hoping to distance themselves from the former president without voting which could spark a backlash from Trump and his staunch supporters. Many say something should be done about what Trump did – but not by them.

The rhetoric highlights the split between Republicans in the House and Senate as the party struggles to find its voice after Trump’s tumultuous era. Many House Republicans remain strong supporters of Trump, saying he did nothing wrong and should not be blamed for the violence that took place on Capitol Hill.

Portman said on Sunday he believed a Senate vote last week forced by Kentucky Senator Rand Paul was not to dismiss the impeachment trial, but rather to vote to hold a discussion on constitutionality. He believes that the constitutionality of the conviction of a former president should be discussed. “The vote was not to dismiss the lawsuit, but not to discuss constitutionality as a critical issue,” he said.

Many Democrats and Republicans have pointed to the vote on Paul’s point of order to vote on the constitutionality of Trump’s impeachment trial as an indicator of how the final trial vote will likely go. Only five Republicans have joined all Democrats in killing the Kentucky Republican’s motion, and there is no sense that nearly 17 Republicans would vote to condemn the former president.

To condemn Trump, at least 17 Republicans will need to vote with all Democrats at the start of the trial. Significantly, Republican Senate Leader Mitch McConnell sided with Paul in the vote – a potential indicator that it is appropriate that the constitutionality of impeaching a former president is in question.

The Democratic-led House has already voted to impeach Trump, accusing him of inciting an insurgency for the attack on Capitol Hill that left several dead. But two-thirds of the Senate are expected to vote to convict Trump after a trial, an extremely high bar to cross.

CNN’s Clare Foran, Manu Raju and Ted Barrett contributed to this story.