A growing number of Republican Senators say they oppose holding an impeachment trial, a sign of the dimming chances that former President Donald Trump will be convicted on the charge that he incited a siege of the U.S. Capitol.
House Democrats, who will walk the impeachment charge of “incitement of insurrection” to the Senate on Monday evening, are hoping that strong Republican denunciations of Trump after the Jan. 6 riot will translate into a conviction and a separate vote to bar Trump from holding office again. But GOP passions appear to have cooled since the insurrection, and now that Trump’s Presidency is over, Republican Senators who will serve as jurors in the trial are rallying to his legal defense, as they did during his first impeachment trial last year.
“I think the trial is stupid, I think it’s counterproductive,” said Sen. Marco Rubio. He said that “the first chance I get to vote to end this trial, I’ll do it” because he believes it would be bad for the country and further inflame partisan divisions.
Arguments in the Senate trial will begin the week of Feb. 8. Leaders in both parties agreed to the short delay to give Trump’s team and House prosecutors time to prepare and the Senate the chance to confirm some of President Joe Biden’s Cabinet nominees. Democrats say the extra days will allow for more evidence to come out about the rioting by Trump supporters who interrupted the congressional electoral count of Biden’s election victory, while Republicans hope to craft a unified defense for Trump.
An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. Still, the Republican opposition indicates that many GOP Senators would eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him.
When the House impeached Trump on Jan. 13, exactly one week after the siege, Sen. Tom Cotton said he didn’t believe the Senate had the constitutional authority to convict Trump after he had left office. On Sunday, Cotton said “the more I talk to other Republican Senators, the more they’re beginning to line up” behind that argument.
“I think a lot of Americans are going to think it’s strange that the Senate is spending its time trying to convict and remove from office a man who left office a week ago,” Cotton said.
Democrats reject that argument, pointing to a 1876 impeachment of a Secretary of War who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a President who told them to “fight like hell” against election results that were being counted at the time, is necessary so the country can move forward and ensure such a siege never happens again.
A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump.
Sen. Mitt Romney said he believes there is a “preponderance of opinion” that an impeachment trial is appropriate after someone leaves office.
“I believe that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense,” Romney said. “If not, what is?”