Trump’s Senate Impeachment Trial Divides GOP But Odds of Conviction Are Long

Prospects for convicting President Donald Trump in his impeachment trial are waning as more Republicans embrace the argument that a conviction would be divisive, unwarranted or even unconstitutional.

A key point of argument is whether the Constitution allows Congress to try a president who has left office. Many constitutional scholars and 19th century precedent say yes; a growing number of Republicans -- even some who have decried Trump’s conduct -- say no.

Utah Senator Mitt Romney is one of few Republicans to publicly say Trump, now a private citizen, should stand trial on the House’s charge that he incited his supporters to storm the Capitol on Jan. 6.

“The preponderance of the legal opinion is that an impeachment trial after someone’s left office is constitutional,“ Romney said Sunday on CNN’s “State of the Union” program. “I believe that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense. If not, what is?”

Trump’s trial in the Senate will kick off on Monday when House impeachment managers deliver their single article accusing him of inciting the Jan. 6 Capitol that left five people including a police officer dead. Senators will be sworn in as jurors on Tuesday, but arguments in the case will be pushed back until the week of Feb. 8, under an agreement between Majority Leader Chuck Schumer and Republican leader Mitch McConnell, now relegated to the minority.

The accord between Schumer and McConnell buys time for the House impeachment managers to prepare their case and for Trump to craft a defense. It also gives the Senate time to act on President Joe Biden’s agenda, in particular work on a slate of cabinet nominees whose swift confirmation stood at risk of delay because of the trial.

Despite the agreement between Schumer and McConnell on timing, some basic questions about the trial are unresolved. One of the biggest unknowns is who will preside over the trial. The U.S. chief justice presides over impeachment trials for presidents. Chief Justice John Roberts did so last year for Trump’s first impeachment, but it’s unclear whether his duty extends to a trial of someone who is not president. A Supreme Court spokesperson declined to comment.

Vice President Kamala Harris -- technically the president of the Senate and the tie-breaking vote in the 50-50 chamber -- could be called on to preside, which would give Democrats an advantage on procedural rulings during a trial.

But there is political peril in making Harris the public face of a process dwelling on allegations against the last president while Biden is trying to focus the coronavirus pandemic, which has killed more than 418,000 Americans and building support for his $1.9 trillion economic relief package.

Republicans have criticized Democrats for going ahead with Trump’s second impeachment, not only because they say Congress should be focused on the dual economic and health crises, but also because they say it risks further inflaming tensions. Among those making that argument is South Carolina Senator Lindsey Graham, who was critical of Trump immediately after the attack on the Capitol but has since returned to his role as a defender.

Senator Marco Rubio, a Florida Republican, said on “Fox News Sunday” he would vote to end the trial at the first opportunity to move on to other business.

“I think the trial is stupid, I think it’s counterproductive,” Rubio said. “We already have a flaming fire in this country and it’s like taking a bunch of gasoline and pouring it on top of the fire.”

An appeal to Republicans to reject the process even if they fundamentally agree he stoked the mob could form a foundation of Trump’s defense. Getting at least 17 Republicans to vote against Trump along with all 50 Democrats to reach the two-thirds margin necessary for conviction will probably depend on how McConnell approaches the case. Republicans were in the majority during Trump’s first impeachment trial, and McConnell helped lead the chamber to Trump’s acquittal.

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[williamfoster]

If impeachment happens the people will turn on the government.

[robertgil]

Please clarify is this an erection problem or an insurrection problem?

[amandafoster]

LONG LIVE MAGA!!
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
TRUMP WAS ONE OF THE GREATEST OF ALL TIME & HE WILL BE BACK!
❤️❤️❤️❤️❤️❤️❤️❤️
WE WANT THE PEACEFUL TRUMP ADMINISTRATION!

[bobleroy]

You can’t run from the law. Double impeached trump will get his day in court

[sotruefernandez]

PRAYER IS THE ENGINE DRIVING THE PLAN OF GOD TOWARD COMPLETION
I am not scared but obedient to GOD

[JesusSavesFromSin]

Jesus Christ saves from sin.
Romans 3: 23
For all have sinned, and come short of the glory of God;
Hebrews 9: 27
And as it is appointed unto men once to die, but after this the judgment:
Isaiah 64: 6
But we are all as an unclean thing, and all our righteousnesses are as filthy rags; and we all do fade as a leaf; and our iniquities, like the wind, have taken us away.
Revelation 21: 8
But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone: which is the second death.
Romans 5: 8
But God commendeth his love toward us, in that, while we were yet sinners, Christ died for us.
John 3: 16
For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life.
John 14: 6
Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father, but by me.
Romans 10: 9-10.
That if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised him from the dead, thou shalt be saved.
For with the heart man believeth unto righteousness; and with the mouth confession is made unto salvation.
Jesus said John 5: 24
Verily, verily, I say unto you, He that heareth my word, and believeth on him that sent me, hath everlasting life, and shall not come into condemnation; but is passed from death unto life.
1John 5: 10-13
He that believeth on the Son of God hath the witness in himself: he that believeth not God hath made him a liar; because he believeth not the record that God gave of his Son.
And this is the record, that God hath given to us eternal life, and this life is in his Son.
He that hath the Son hath life; and he that hath not the Son of God hath not life.
These things have I written unto you that believe on the name of the Son of God; that ye may know that ye have eternal life, and that ye may believe on the name of the Son of God.
Ephesians 2: 8-9
For by grace are ye saved through faith; and that not of yourselves: it is the gift of God:
Not of works, lest any man should boast.
Romans 8: 1
There is therefore now no condemnation to them which are in Christ Jesus, who walk not after the flesh, but after the Spirit.
1 Corinthians 15: 3-4
For I delivered unto you first of all that which I also received, how that Christ died for our sins according to the scriptures;
And that he was buried, and that he rose again the third day according to the scriptures:
2 Corinthians 5: 21
For he hath made him to be sin for us, who knew no sin; that we might be made the righteousness of God in him.