What’s Happening:
Democrats rushed the impeachment process through, hoping it would pass before anyone really asked questions.
That might have worked in the House, but it won’t fly in the Senate.
Many believe they are pushing an impeachment, which lacked a House investigation, just to keep Trump from running again.
The Senate trial is set to begin in a few weeks. But it might be derailed before anything happens.
As long as Rand Paul has anything to say about it. From Reuters:
Senator Rand Paul, a Trump ally, has pledged to force a vote on whether the Constitution allows the Senate to try the former president who is now a private citizen. Trump left office on Jan. 20…
“I will force a vote on whether the Senate can hold a trial of a private citizen,” Paul wrote on Twitter late on Monday, voicing an objection also raised by other Republicans.
(See update below for the results of the vote.)
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Sen. Rand Paul announced he will force a vote on whether the Senate actually can hold a trial against a private citizen.
Many legal experts have argued over this one, tricky detail. The Constitution specifically states that impeachment is for a sitting president.
There is nothing in the law that allows Congress to impeach a man after he’s out of office.
Chuck Schumer claimed the trial would go on, possibly in violation of the Constitution’s own rules.
But Paul, and other senators, think differently.
The circumstances of this impeachment have puzzled and outraged many. The House did not bother to gather or present evidence. They charged Trump with “incitement,” something other legal experts claim cannot be proven in a court of law.
It appears Democrats are branding Trump guilty until proven innocent, a gross violation of due process.
Even if they move forward with the trial, they will not get the necessary votes to convict him.
But if Sen. Paul gets his way, the Senate will be forced to vote first if they can even hold a trial. This will require all senators to take a stand on the very legitimacy of this impeachment.
Some Democrats might want to hide from taking a stand, opting to let old Chuck make the decision for them.
But this vote will put them on the record. Several moderate Democrats might not like having to agree to a trial that is arguable unconstitutional.
UPDATE:
The vote has happened, and it’s bad news for Democrats. From the LA Times:
Forty-five Senate Republicans supported a resolution by Sen. Rand Paul (R-Ky.) that said the trial is illegal because Trump is a private citizen and no longer president. Democrats had the votes to table Paul’s motion, with support from five Republicans.
But the level of GOP support for Rand’s effort underscored how difficult it will be to get 17 Republicans to vote to convict Trump.
So the vote did not stop the impeachment trial from continuing, but it did show that Republicans are strongly supporting Trump.
Do you think Trump will be acquitted once again?
Key Takeaways:
- Rand Paul announced he would force a vote on the legitimacy of the impeachment trial.
- The Constitution does not allow the impeachment of a private citizen.
- This vote might force the trial to be dismissed before it is held.
Source: Reuters, Los Angeles Times