GOP senators send clear signal: Trump's getting acquitted | TheHill - The Hill

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Republicans are signaling where the impeachment trial is heading just as it’s getting underway: a second acquittal for former President TrumpDonald TrumpDOJ to seek resignations of most Trump-appointed US attorneys: report Trump attorney withdraws request to not hold impeachment trial on Saturday Kinzinger in op-ed calls on GOP senators to convict Trump in impeachment trial MORE.

Trump’s impeachment trial — the first time a president has gone through the proceeding twice, and the first time after a president left office — began Tuesday, in what is expected to be a days-long proceeding that could wrap as soon as Sunday or Monday.

But Republicans sent a clear message Tuesday that they will vote to acquit Trump, when 44 of the 50-member Senate Republican Conference made a failed attempt to declare the trial unconstitutional because Trump has already left office.

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Republicans say the vote — which largely mirrored a similar attempt late last month — shows how few GOP senators are open to convicting Trump. If they had been successful it would have stopped the trial in its tracks.

Sen. Kevin CramerKevin John CramerBiden faces calls to shut down Dakota Access pipeline This week: Senate starts Trump trial as Democrats draft coronavirus bill Senate eyes speedy Trump impeachment trial MORE (R-N.D.) predicted that the Republicans voting to declare the Trump trial unconstitutional was the “floor” for how many could vote to acquit Trump at the end of the trial.

“I’ve got to believe that it’s going to be highly unlikely that that there’ll be anywhere near enough for conviction,” Cramer said. “It takes some mental gymnastics to on the one hand consider this to be an unconstitutional action, on the other hand, to consider conviction is part of it.”

Sen. Josh HawleyJoshua (Josh) David HawleyOvernight Defense: Pentagon says extremist groups 'very aggressively recruit' troops | Capitol Guard deployment estimated at 3M | No US combat deaths in Afghanistan for a year | VA secretary confirmed Senate confirms Denis McDonough to lead VA under Biden The GOP's impeachment 'prisoner's dilemma' MORE (R-Mo.), who led the effort to try to overturn the election results in Congress, said he would be “very surprised” if many Republican senators flip ahead of the final vote, adding that he didn’t believe the impeachment effort was “going anywhere.”

“If you feel that you have no authority, then you can’t go on and say ‘well we have no authority but I guess I’ll go ahead and convict anyway,’ ” Hawley said. “I’d be surprised if many or any of those people change their minds on the underlying question of whether or not to oppose a penalty or not.”

Assuming every Democrat votes to find Trump “guilty,” they would still need 17 Republican senators to side with them in order to convict Trump, in what would amount to a historic first. On Tuesday, they got six to say the trial was constitutional.

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The House impeached Trump late last month, making him the first president to be impeached twice, accusing him of high crimes and misdemeanors for “willfully inciting violence against the Government of the United States.”

Republicans aren’t defending Trump’s conduct, after he urged his supporters to march on the Capitol, in a marked shift from the first trial last year. But they are increasingly lining up behind the argument that the impeachment trial isn’t constitutional because Trump is already out of office. 

“I’m gonna vote like I voted the other day through the trial. I don’t think it’s constitutional, I don’t think we should be doing it,” Sen. Roy BluntRoy Dean BluntFormer Missouri state senator announces challenge to Blunt Democratic senator demands Rand Paul wear a mask on Senate floor Republicans seek to play offense in vote-a-rama MORE (Mo.), a member of GOP leadership and close McConnell ally, said Tuesday.

The House impeached Trump before he left office. Then-Minority Leader Charles SchumerChuck SchumerOcasio-Cortez, Schumer announce federal COVID-19 fund to help families pay for funerals Over 60 progressive groups urge Schumer to nix filibuster Booker reintroduces bill to give all newborns ,000 savings accounts MORE (D-N.Y.) tried to get then-Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump attorney withdraws request to not hold impeachment trial on Saturday Senate looks to avoid dragged-out Trump impeachment battle Schumer, McConnell reach deal on Trump impeachment trial MORE (R-Ky.) to bring the chamber back into session early in order to start the trial during the second week of January, but the GOP leader rejected the request, guaranteeing that the proceeding wouldn’t start until President BidenJoe BidenDOJ dismissing suit against author of Melania Trump tell-all book Google expands election security aid for federal, state campaigns Biden backs House Democrats' proposed threshold for COVID-19 checks MORE had been sworn in.

House impeachment managers and Trump’s legal team spent hours debating the constitutionality issue on Tuesday, as they tried to sway GOP senators.

House impeachment managers played a jarring video that compiled footage of the violent mob at the Capitol and Trump’s remarks at a rally earlier in the day near the White House. They also pointed to former War Secretary William Belknap, who was impeached after he resigned amid a kickbacks scandal.

Trump’s defense team countered that an impeachment trial was divisive, and that a former official can’t be impeached. They argued that the fact that the Constitution says “the president” and not “a president,” meant it was supposed to apply to the current office holder.

Sen. Roger WickerRoger Frederick WickerMarkey urges bipartisanship in push to update broadband plan Schumer, McConnell finalizing deal on Trump impeachment trial Lawmakers lay blame on Trump over riot as second impeachment trial looms MORE (R-Miss.) said the House impeachment managers did a better job than during Trump’s first trial but appeared unmoved on his view that the trial wasn’t constitutional.

“I thought the attorneys were very well prepared and well spoken. I think, actually the Democrats sent a better team this year than last,” Wicker said.

But, he added, “it did not change my mind.”

In many ways the Senate’s outcome on the constitutionality vote was already pre-baked.

Sen. Rand PaulRandal (Rand) Howard PaulSenate looks to avoid dragged-out Trump impeachment battle The Memo: Democrats, GOP face dangers from Trump trial Schumer, McConnell reach deal on Trump impeachment trial MORE (R-Ky.) forced a similar vote late last month on the issue. Unlike Tuesday’s vote, which was directly on if the trial was constitutional, last month’s vote was on whether to pigeonhole Paul’s effort.

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But GOP senators said they expected the votes to largely mirror each other with maybe a few exceptions. In the end, Sen. Bill CassidyBill CassidyGOP senator compares Trump impeachment proceedings to Soviet 'show trial' GOP senator: Administration officials showing 'they don't care if they have to work with us' Sunday shows preview: Budget resolution clears path for .9 trillion stimulus; Senate gears up for impeachment trial MORE (R-La.), who had previously supported Paul’s efforts, voted on Tuesday to say that the trial was constitutional.

Sen. Mike BraunMichael BraunThe GOP's impeachment 'prisoner's dilemma' OVERNIGHT ENERGY: DOJ to let companies pay for environmental projects again to reduce fines | House Democrats reintroduce green energy tax package Senators vet Boston Mayor Walsh for Labor Secretary MORE (R-Ind.) postulated that the margin was a good predictor of where the final vote on whether to convict Trump will end up and underscored how little had changed since Paul’s vote.

“I think so,” he said, when asked if he viewed Tuesday as a good indicator of how the trial would end. “I think just like the one a couple of weeks ago was.”

The GOP positioning underscores the uphill lift that Democrats face as they try to make Trump the first president to be convicted during a Senate impeachment trial.

Senators have floated that there are up to roughly five GOP senators who might be persuadable when it comes to convicting Trump, aligning with the group that voted against Paul’s effort.

Sen. Susan CollinsSusan Margaret CollinsThe GOP's impeachment 'prisoner's dilemma' This week: Senate starts Trump trial as Democrats draft coronavirus bill Biden makes inroads with progressives MORE (Maine) has said Trump bears responsibility for inciting a riot, while Sen. Mitt RomneyWillard (Mitt) Mitt RomneyThe GOP's impeachment 'prisoner's dilemma' Democrats further effort to expand child tax credit to ,600 This week: Senate starts Trump trial as Democrats draft coronavirus bill MORE (Utah) was the only GOP senator who voted for one of the articles of impeachment in 2020.

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Sen. Pat ToomeyPatrick (Pat) Joseph ToomeyGovernment used Patriot Act to gather website visitor logs in 2019 Appeals court rules NSA's bulk phone data collection illegal Dunford withdraws from consideration to chair coronavirus oversight panel MORE (R-Pa.) has said he believes Trump committed an impeachable offense; Sen. Lisa MurkowskiLisa Ann MurkowskiThe GOP's impeachment 'prisoner's dilemma' This week: Senate starts Trump trial as Democrats draft coronavirus bill GOP blames White House staff for lack of COVID-19 relief deal MORE (R-Alaska) called on him to resign and Sen. Ben SasseBen SasseThe GOP's impeachment 'prisoner's dilemma' This week: Senate starts Trump trial as Democrats draft coronavirus bill Trump trial set to consume Capitol MORE (R-Neb.) said he was open to impeachment articles.

None of them have said, yet, if they will vote to convict.

Sen. John CornynJohn CornynThe GOP's impeachment 'prisoner's dilemma' Senate braces for chaotic session as Democrats pursue coronavirus bill House approves budget resolution for COVID-19 package MORE (R-Texas), during an interview with Texas radio station KSKY, called the trial a “political exercise.”

“This really seems awfully vindictive and I think it’s completely unnecessary,” Cornyn said Tuesday. “We know what the outcome is going to be.” 

Braun added that he thought Tuesday’s vote “calcified” the outcome of the trial: Trump’s acquittal.

“I don’t think we lose any more,” he said.

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February 10, 2021 at 07:52AM
https://thehill.com/homenews/senate/538124-gop-senators-send-clear-signal-trumps-getting-acquitted

GOP senators send clear signal: Trump's getting acquitted | TheHill - The Hill

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