Sen. Rand Paul on Tuesday afternoon is expected to force a vote on whether the Senate impeachment trial of former President Trump is unconstitutional now that he is out of office.
Paul, R-Ky., told reporters he will make a point of order alleging that the trial is contrary to the Constitution — an argument that multiple Republican senators have made. That will force a vote on the point of order, requiring senators to go on-the-record about whether they believe the trial is constitutional.
“I think there will be enough support on it to show there’s no chance they can impeach the president,” Paul told reporters Tuesday. “If 34 people support my resolution that this is an unconstitutional proceeding it shows they don’t have the votes and we’re basically wasting our time.”
The Senate has held impeachment trial proceedings for lower office holders that were no longer in office in the past, including in for former Secretary of War William Belknap in 1876. The Senate acquitted Belknap after he departed office.
Sen. Rand Paul, R-Ky., asks questions during a Senate Homeland Security & Governmental Affairs Committee hearing to discuss election security and the 2020 election process on Wednesday, Dec. 16, 2020, on Capitol Hill in Washington. (Greg Nash/Pool via AP)
But Republicans have argued that the trial for Trump, a former president, would be beyond its jurisdiction. Paul said he would speak on the Senate floor on the matter after the chamber confirms President Biden’s secretary of state nominee Anthony Blinken.
“I’m going to give a speech on it as soon as this vote over at 12:30 [p.m.]. And then the motion will happen around 2:30 [p.m.],” Paul said.
Added Sen. Ron Johnson, R-Wis: “I would hope every senator would vote to just dismiss this trial, and let’s move on.”
Senate Democratic Leader Chuck Schumer, D-N.Y., last week responded to Republican arguments that the Senate cannot constitutionally hold an impeachment trial for a former president.
“I have heard some of my Republican colleagues argue that this trial would be unconstitutional because Donald Trump is no longer in office, an argument that has been roundly repudiated, debunked by constitutional scholars left, right and center, and defies basic common sense,” he said. “It makes no sense whatsoever that a president — or any official — could commit a heinous crime against our country and then be permitted to resign so as to avoid accountability and a vote to disbar them from future office. It makes no sense.”
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Schumer added: “Regardless, the purveyors of this unusual argument are just trying to delay the inevitable. … Make no mistake: there will be a trial and when that trial ends, Senators will have to decide if they believe Donald John Trump incited the insurrection against the United States.”
Senate Republicans at their scheduled caucus lunch Tuesday will meet with George Washington University Prof. Jonathan Turley, who has argued against the constitutionality of an impeachment trial for a former president. Senate Minority Leader Mitch McConnell, R-Ky., plans to discuss the constitutionality question at the lunch.
Fox News’ Chad Pergram, Kelly Phares and Jason Donner contributed to this report.