Republican lawmakers signalled Sunday that Democrats will have a fight on their hands to secure the conviction of Donald Trump when the Senate next month opens its first-ever impeachment trial of a former president.
Speaker Nancy Pelosi is expected on Monday to send senators a single article of impeachment passed in the House of Representatives that blames Mr Trump for inciting the chaotic Capitol invasion of January 6, which left five people dead.
But as both sides prepared for what is expected to be a quick trial, Republicans pushed back with political and constitutional arguments — raising doubts that Democrats, who control 50 seats in the 100-seat chamber, can secure 17 Republican votes to reach the two-thirds majority needed to convict.
I think the trial is stupid. I think its counterproductive. We already have a flaming fire in this country and its like taking a bunch of gasoline and pouring it on top, Marco Rubio, the top Republican on the Senate Intelligence Committee, told Fox News Sunday.
He acknowledged that Mr Trump — who had urged thousands of his supporters to flock to Washington and protest the congressional certification of Mr Bidens victory — bears some responsibility for what happened. But to stir it up again could only hurt the country, said Mr Rubio, a presidential candidate beaten by Mr Trump in the 2016 primary.
Picture: Stefani Reynolds/Getty Images/AFP
Other Republicans argued that the Senate has no authority to put a private citizen — as Mr Trump now is — on trial.
Senator Mike Rounds told NBCs Meet the Press that the constitution does not allow for the impeachment of a former president.
But Senator Mitt Romney, the Republicans 2012 presidential candidate and a frequent Trump critic, told CNN that the preponderance of legal opinion is that an impeachment trial after a president has left office is constitutional. I believe thats the case.
The Utah Republican — the only member of his party to vote to convict Mr Trump in his first impeachment trial — hinted that he may be leaning the same way now.
He said he believed that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense — If not, what is?
The Capitol riots were documented on videos seen around the world — as were Mr Trumps earlier exhortations to the crowd to fight for his presidency — complicating his defence.
His case may have suffered further after The New York Times reported Friday that Trump had considered ousting the US Acting Attorney General in favour of a low-ranking official receptive to his efforts to overturn the election result.
Picture: Nicholas Kamm/AFP
Mr Biden has publicly taken a hands-off approach to the impeachment, eager to put Mr Trump in the rear-view mirror and seek progress on fighting the coronavirus pandemic and reviving a devastated economy.
Biden spokeswoman Jen Psaki said Friday that the President believes that its up to the Senate and Congress to determine how they will hold the former president accountable.
As Democrats worked to prepare the case against Mr Trump, one of those who will present it in the Senate — Representative Madeleine Dean — said she hoped it would move quickly.
I would expect it would go faster than the 2020 impeachment trial, which lasted 21 days, she told CNN.
But the trial, scheduled to open February 9, will be a gruelling test for Senators. Democrats hope to devote part of each day to regular business, but the furies always surrounding Mr Trump seem sure to undercut any bid for bipartisan cooperation.
Ms Dean said she was in the House chamber during the terrifying moment when the invading mob began pounding on its doors, chanting, Hang Vice President Pence.
She said Democrats would demand accountability of Mr Trump for an extraordinarily heinous presidential crime.
And Daniel Goldman, who was lead counsel for the Houses first impeachment inquiry, tweeted Sunday that the only way to ensure this lawless, authoritarian, anti-democratic conduct never happens again is to hold him accountable.