Eleanor Finch
The impeachment trial of former US President Donald Trump saw six Republican senators vote with all Democrats that the trial was constitutional. The six Republicans were Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania. This was a shift from the previous month's vote, where most Republicans voted with Sen. Rand Paul of Kentucky, who forced a vote on the constitutionality of the trial, arguing that a former president could not face trial after leaving office.
| Characteristics | Values |
|---|---|
| Number of Republicans who voted that Trump's impeachment trial is constitutional | 6 |
| Names of Republicans who voted that Trump's impeachment trial is constitutional | Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, Pat Toomey |
| States represented by the Republicans who voted that Trump's impeachment trial is constitutional | Louisiana, Maine, Alaska, Utah, Nebraska, Pennsylvania |
| Number of Republicans who voted that Trump's impeachment trial is not constitutional | 44 or 45 |
| Number of Republicans who voted to convict Trump | 7 |
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What You'll Learn
Senators who voted Trump's impeachment trial constitutional
The impeachment trial of former US President Donald Trump was declared constitutional by the Senate on February 9, 2021. Six Republicans voted with all the Democrats to advance the trial, with a 56-44 final vote. The six Republican senators who voted that the trial was constitutional are:
- Sen. Susan Collins of Maine
- Sen. Bill Cassidy of Louisiana
- Sen. Lisa Murkowski of Alaska
- Sen. Mitt Romney of Utah
- Sen. Ben Sasse of Nebraska
- Sen. Pat Toomey of Pennsylvania
Sen. Bill Cassidy was the only Republican to switch his vote after an initial vote on constitutionality the previous month. The vote marked the closing chapter of Tuesday's proceedings, with the Senate adjourned until noon on Wednesday.
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Senators who voted against
The majority of Republican senators voted against the constitutionality of Donald Trump's impeachment trial. In January 2021, 45 out of 50 Republican senators voted that the trial was unconstitutional because Trump was no longer president. This was the second time such a vote was taken, with the first vote in January 2021 resulting in a 55-45 vote to set aside Sen. Rand Paul's motion to declare the trial unconstitutional.
Sen. John Thune, the No. 2 GOP senator, said he thought the vote was "indicative" of where Republicans stand, but it didn't "bind" them to vote a certain way on conviction. Similarly, Sen. Rob Portman, who voted against tabling Paul's effort, stated that he believed the vote was separate from the eventual question of acquittal or conviction.
Trump's lawyers argued that the trial was unconstitutional, that Trump's comments were protected under the First Amendment, and that Trump wasn't responsible for inciting the mob that breached the Capitol. Bruce Castor, one of Trump's attorneys, called the trial a partisan maneuver, while another Trump attorney, David Schoen, contended that the Senate lacked jurisdiction to try Trump as a "private citizen."
Some Republican senators criticized the arguments presented by Trump's legal team as lacklustre and disorganized. Despite this, they maintained their position that the trial was unconstitutional. Sen. Roy Blunt, a member of the GOP leadership who voted against the trial's constitutionality, predicted that it signalled Trump's eventual acquittal.
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Trump's lawyers' arguments
Trump's lawyers argued that the impeachment trial was unconstitutional, citing the fact that Trump was no longer in office and that the Chief Justice should preside over presidential impeachment trials. They also claimed that Trump's actions were protected by the First Amendment.
Trump's lawyers also invoked the First Amendment in their defence, arguing that Trump's actions and speech were protected by the right to free speech. They claimed that the impeachment proceedings undermined core constitutional protections and Americans' ability to engage in political speech. However, this argument did not appear to have a significant impact on the senators' votes, as only one senator who voted to acquit mentioned the First Amendment as a reason.
In addition to the constitutional arguments, Trump's lawyers may have also challenged the evidence and testimony presented during the trial. They may have questioned the relevance and sufficiency of the evidence provided by the House and sought to subpoena additional documents or witness testimonies. Ultimately, Trump was acquitted on both counts, with the Senate voting 57-43 and 48-52 on the two articles of impeachment, respectively.
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House impeachment managers' arguments
The House impeachment managers' arguments are presented to the Senate once the managers are appointed by the Speaker of the House. In the case of the impeachment trial of former President Donald Trump, House Intelligence Committee Chairman Adam Schiff was chosen as the Lead Manager.
The House impeachment managers' arguments in the case of Trump's impeachment trial focused on how rioters violently breached the US Capitol and attacked police officers, invoking Trump's name as they tried to disrupt the certification of the November election. The managers also showed that Trump's team was disorganized and did not address the question at hand.
One of the House impeachment managers, Rep. Joe Neguse, an early supporter of impeachment, helped represent the freshman class in the House. Other House impeachment managers included Reps. Veronica Escobar of Texas, Debbie Mucarsel-Powell of Florida, and Greg Stanton of Arizona.
The House impeachment managers' arguments are crucial in making the case for impeachment, and in Trump's trial, they played a significant role in influencing some Republican senators' votes.
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The outcome
- Sen. Susan Collins of Maine
- Sen. Bill Cassidy of Louisiana
- Sen. Lisa Murkowski of Alaska
- Sen. Mitt Romney of Utah
- Sen. Ben Sasse of Nebraska
- Sen. Pat Toomey of Pennsylvania
The vote required only a simple majority. However, for Trump to be convicted, two-thirds of the Senate would have needed to vote in favour. Ultimately, Trump was acquitted by a vote of 57-43.
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Frequently asked questions
Six Republicans voted that the impeachment trial is constitutional.
The Republicans who voted that the impeachment trial is constitutional are:
- Sen. Susan Collins of Maine
- Sen. Bill Cassidy of Louisiana
- Sen. Lisa Murkowski of Alaska
- Sen. Mitt Romney of Utah
- Sen. Ben Sasse of Nebraska
- Sen. Pat Toomey of Pennsylvania
The vote count was 55-45, with 5 Republicans joining all Democrats to reject the motion.
The House impeachment managers showed a graphic video that walked through the events of the riot at the US Capitol on January 6, including Trump's comments to supporters beforehand. They also addressed scholarly interpretations of the Constitution, arguing that there is a consensus among legal experts that a trial of a former president is constitutional.
Sen. Cassidy, one of the Republicans who voted that the trial is constitutional, criticized Trump's legal team as \"disorganized\" and \"embarrassed of their arguments". He said that the House impeachment managers were \"focused\" and \"organized", presenting a "compelling argument". Sen. Collins of Maine also stated that she had consulted with constitutional scholars and concluded that the text of the Constitution and Senate precedent supported the trial's constitutionality.
