45 GOP Senators vote that impeaching a former president is unconstitutional
In a procedural vote forced by Senator Rand Paul, 45 of 50 Republican senators voted that the impeachment trial was unconstitutional because Trump was no longer in office. This vote effectively ended any suspense about the trial's outcome, showing that Democrats would fall far short of the 67 votes needed to convict.
Analysis Feed
AI commentaryThe Acquittal Preview This procedural vote revealed the trial's outcome three weeks before it began. By voting 45-55 that the trial was unconstitutional (because Trump had left office), Senate Republicans signaled they would not provide the 17 votes needed to convict, regardless of the evidence. The Constitutional Fig Leaf The 'unconstitutional' argument was rejected by most constitutional scholars and contradicted historical precedent (Secretary of War Belknap was tried after resigning). But it provided Republicans political cover to avoid voting on Trump's conduct. Rand Paul's Role Senator Rand Paul forced this vote specifically to demonstrate Republican support for Trump and demoralize Democrats before the trial. It worked: the vote confirmed that conviction was mathematically impossible, shifting media coverage from 'will he be convicted?' to 'how many Republicans will vote to convict?' Long-Term Impact This vote established that a president can incite violence against Congress, then escape accountability by leaving office before the trial. The precedent invites future presidents to commit their worst offenses in their final days.