45 Republican senators voted that former president Donald Trump’s second impeachment is unconstitutional.
Rep Senator Rand Paul argued that the trial was illegal as Trump already left the office.
GOP leader Mitch McConnell and the majority of Republicans agreed with Paul but five GOP senators joined Democrats, giving them 55 votes, the Daily Mail reported.
Paul argued on Tuesday that trying a former president would violate the U.S. Constitution.
“He is a private citizen,” he said and pointed that article one, section three states that when the President of the United States is tried, the Chief Justice shall preside.
But Democratic Senator Patrick Leahy is presiding instead of Chief Justice John Roberts.
“The Chief Justice’s absence demonstrates that this is not a trial of the president, but one of private citizen,” he said.
“Therefore I make a point of order that this proceeding, which would try a private citizen and not a president, a vice president or civil officer violates the Constitution, and is not an order.”
Senate Democratic Leader Chuck Schumer called Paul’s statement nonsense, saying it would only give Trump a ‘constitutional get out of jail free card.’
“The Senate has the power to try former officials and the reasons for that are basic common sense.point 190 | It makes no sense whatsoever that a president or any official could commit a heinous crime against our country and then defeat Congress’s impeachment powers and avoid a vote on disqualification by simply resigning or by waiting to commit that offense until their last few weeks in office,” Schumer said.point 452 | 1
“The theory that the Senate cannot try former officials would amount to a constitutional get out of jail free card for any president who commits an impeachable offense,” he added.
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