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Senate Republicans uniting behind impeachment defense - POLITICO
Jan 22, 2021 2 mins, 32 secs

GOP members are backing a bid to dismiss Trump’s trial by claiming it’s unconstitutional.

Lindsey Graham (R-S.C.), a top Trump ally, has been pushing for a vote to dismiss the former president's impeachment trial at its outset.

Senate Republicans are coalescing around a long-shot bid to dismiss the impeachment trial of former President Donald Trump before it even begins, relying on a disputed legal argument that says putting an ex-president on trial is unconstitutional.

Still, Republicans’ contention is shaping up to be a central theme of the ex-president’s defense strategy in the Senate’s upcoming trial, with several GOP senators publicly echoing it in recent days even as they signal increased hostility toward Trump over the attack on the Capitol.

Lindsey Graham (R-S.C.), a top Trump ally who has been pushing for a vote on dismissing the trial at its outset.

Indeed, the Senate has never put a former president on trial on impeachment charges, though in 1876 the Senate tried former Secretary of War William Belknap after he had already resigned.

Supporters of the Senate’s authority to try an ex-official have pointed to the Belknap trial to underscore that a president or any other person subject to impeachment could simply resign or otherwise leave office to evade punishment.

McConnell on Thursday also proposed delaying the start of the trial by two weeks to allow Trump to prepare his defense strategy, though it’s unclear if Schumer will agree.

The framework will spell out whether to allow for a motion to dismiss the trial at its outset — a vote that could signal the likelihood of the Senate convicting Trump.

Some senators said they are considering supporting such a motion, if one is offered, as a way of voicing their objections to putting a former president on trial.

Johnson said he would “definitely” vote to dismiss the trial, adding that the House’s impeachment article “shouldn’t even be sent over here.” Transmitting the article from the House to the Senate triggers the beginning of the trial.

But Democrats, who now control the Senate, are intent on holding a trial, even as Speaker Nancy Pelosi has not yet formally transmitted the impeachment article to the other side of the Capitol.

Schumer declared as much after the House impeached Trump last week, though Democrats have not yet decided how long the trial should last, which will be dictated by whether they decide to call witnesses as part of the proceedings.

Trump’s first impeachment trial lasted three weeks, but that was only after a weeks-long impeachment inquiry in the House that yielded hundreds of pages of evidence and legal arguments.

Jamie Raskin (D-Md.), the House’s lead impeachment manager, said Thursday that the upcoming trial will not last as long as the previous one.

Apart from the constitutional arguments, Republicans are questioning why Democrats want to put Trump on trial while President Joe Biden is emphasizing unity and bipartisanship, noting that an impeachment trial is among the most divisive undertakings on Capitol Hill

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