PoliticoDonald Trump conviction unlikely after Republicans vote to nix trial
- A motion to declare the trial unconstitutional fails 55-45, but most Republicans support it, indicating uphill task Democrats face
- Republicans say because Trump is no longer president, he is not subject to impeachment
This story is published in a content partnership with POLITICO. It was originally reported by Andrew Desiderio on politico.com on January 26, 2021.
Nearly every Senate Republican declared Tuesday that putting a former president on trial for impeachment is unconstitutional, indicating that the House’s case against Donald Trump is almost certain to fail.
The procedural vote, forced by Republican Senator Rand Paul, underscores the significant hurdles facing the House’s impeachment managers, who will need to convince at least 17 Republican senators to secure a conviction.
Paul’s motion to declare the trial unconstitutional ultimately failed because Democrats opposed it; however, 45 Republican senators voted to affirm Paul’s view, delivering an early and possibly fatal blow to the House’s case.
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Paul’s effort reflects the widespread belief among Republicans that the Senate should not hold an impeachment trial because Trump is now a private citizen and therefore is not subject to the punishment of removal from office.