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US senators have declared the impeachment process against former President Donald Trump constitutional. In a vote Tuesday, 44 senators voted against continuing the process. 56 senators declared the voting process constitutional. This will allow the debate on the impeachment to begin on Wednesday, which will likely drag on for several days. A guilty verdict is not expected.
The vote focused on the question of whether the Senate can try Trump as a former president. Trump’s lawyers, and numerous Republicans, argue that the Constitution allows the Senate to try only a sitting president, not a previous president.
The United States Senate contradicted this, thus clearing the way for new procedures. This will allow prosecutors and defense attorneys to present their arguments on the matter starting Wednesday (read here what to expect at trial). The Democratic-controlled House of Representatives accuses Trump of instigating his supporters in the assault on the Capitol. They argue that Trump has to be held accountable for his actions as president until his last day in office, and thus also for the attack two weeks before he leaves the White House.
Although the majority of Republicans voted against proceeding with impeachment, prosecutors managed to secure an additional Republican vote. Along with five other Republicans, US Senator Bill Cassidy declared the process constitutional. Two weeks ago he had spoken out against the procedure. He justified his decision by saying that the arguments of the representatives of the prosecution had convinced him.
To kick off the trial, Democratic Rep. And prosecutor Jamie Raskin produced a January 6 cut of shocking footage showing the brutality of Trump supporters. After the video of almost a quarter of an hour, Raskin said: “That is why the House of Representatives began an impeachment process against the president on January 13.”
However, the vote again made it clear that a conviction of Trump for “inciting a riot” is highly unlikely – a two-thirds majority in the Senate is required for a guilty verdict. Therefore, at least 17 Republicans would have to vote for a conviction. Without a conviction, Trump cannot be suspended from a position that would deny him a presidential candidacy in 2024.
Historical procedure
The impeachment proceedings against Trump are historic in several respects: The Republican goes down in history as the first president of the United States to face two impeachment proceedings in the House of Representatives during his tenure. It is also the first time that an impeachment trial has been held in the Senate against a president who is no longer in office.
