Senators vote on constitutionality of Trump's 2nd impeachment trial
Republican Kentucky Sen. Rand Paul has offered a point of order in the Senate on the question of whether holding an impeachment trial for former President Donald Trump after he has left office is constitutional.
"As of noon last Wednesday, Donald Trump holds of the positions listed in the Constitution. He is a private citizen. The presiding officer is not the chief justice, nor does he claim to be," Paul 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 in order."
Senate Majority Leader Chuck Schumer called Paul's theory "flat out wrong by every frame of analysis" and moved to table the motion.
Senators proceeded to vote on whether to table Paul's motion -- a procedural objection on the constitutionality of the trial, not on the merits of the case. However, the vote forces Republicans to go on the record regarding how they might vote in Trump's trial.
A "no" vote for senators means voting with Paul to dismiss the trial. Senate Minority Leader Mitch McConnell sided with Paul on questioning the trail's constitutionality.
Rand, a former doctor, was the only Senator who did not wear a mask as he signed the oath as a juror.