At one point, Mr. Trump told the vice president that he had spoken with Mark Martin, the former chief justice of the North Carolina Supreme Court, who he said had told him that Mr. Pence had that power. Mr. Pence had assured Mr. Trump that he did not. Mr. Trump made the vice president defend his rationale in a meeting with lawyers that Rudolph W. Giuliani had helped line up.
Both parties conceded they had no clear picture of how many senators in the party might ultimately vote to convict Mr. Trump.
Mr. Toomey said Mr. Trump had “spiraled down into a kind of madness” since the election and had effectively “disqualified himself” from ever running for office again. But a day after he called Mr. Trump’s conduct “impeachable,” Mr. Toomey argued an impeachment would be impractical with Mr. Trump already headed for the exit.
“I think the best way for our country, Chuck, is for the president to resign and go away as soon as possible,” he told the host Chuck Todd on NBC’s “Meet the Press.” “I acknowledge that may not be likely, but I think that would be best.”
In speaking with associates about the prospect of another impeachment, Mr. Trump was hit with the reality that few people from his defense team in last year’s Senate trial would be part of any new proceeding.
Jay Sekulow, who has served as his lead personal lawyer, and two other private lawyers, Marty Raskin and Jane Raskin, will not participate in a future impeachment defense, according to a person briefed on the planning, nor will Pat A. Cipollone, the White House counsel, or Patrick F. Philbin, his deputy.
This time, only a few of his allies on Capitol Hill have offered to speak up in defense as well. Among those who have, many have used calls for “unity” to argue against impeachment or calling for Mr. Trump’s resignation. In most cases, the lawmakers adamant that Democrats should let the country “move on” were among those who, even after Wednesday’s violence, voted to toss out electoral results in key swing states Mr. Biden won based on claims of widespread voter fraud that courts and the states themselves said were bogus.