Senate Republicans tried and failed on Tuesday to declare the second impeachment trial of ex-President Donald Trump unconstitutional.
But it was close — and that has important implications for the trial’s likely outcome.
Just five GOP senators joined Democrats in voting to unphold the constitutionality of the trial, in which Trump is accused of inciting insurrection before the deadly Jan. 6 riot inside the U.S. Capitol, The Hill reported.
Sen. Rand Paul (R-KY) forced the vote with a point of order, moving to dismiss the trial because Trump is now a private citizen.
But even though he lost, 55-45, Paul managed to underscore a vital fact: the Democrats appear to lack the two-thirds majority they need to convict Trump.
“We’re excited about it,” Paul said after the vote. “It was one of the few times in Washington where a loss is actually a victory.”
Mark Meadows, who was Trump’s White House chief of staff, said the vote showed the impeachment case is “dead on arrival,” reported USA Today. The single article of impeachment was delivered to the Senate on Monday by a House delegation.
The five Republicans who voted with Democrats to table Paul’s point of order included Sens. Mitt Romney of Utah; Ben Sasse of Nebraska; Susan Collins of Maine; Lisa Murkowski of Alaska; and Pat Toomey of Pennsylvania.
Murkowski told reporters before the vote that she had reviewed the facts of the matter and concluded that impeachment is constitutional, but “is not solely about removing a president, it is also a matter of political consequence.”
Still — unless Trump is convicted, he will suffer no consequences for his divisive words and actions during his term in the White House.
But he will stand as the first president ever to be impeached twice, and the only president ever to face an impeachment trial after leaving office.