Jonah Patel
On February 9, 2021, six Republican senators voted with all Democrats to advance former President Donald Trump's second impeachment trial, declaring it constitutional. The six Republicans were Sens. Susan Collins of Maine, Bill Cassidy of Louisiana, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania. Cassidy was the only senator to switch sides from an early procedural vote on the trial's constitutionality, stating that he believed the House impeachment managers had made a more compelling argument. The vote marked a significant step in the impeachment process, as it allowed the trial to move forward and for both sides to present their cases for conviction or acquittal.
| Characteristics | Values |
|---|---|
| Number of Republicans who voted that the trial is constitutional | 6 |
| Names of Republicans who voted that the trial is constitutional | Mitt Romney, Susan Collins, Lisa Murkowski, Bill Cassidy, Ben Sasse, Pat Toomey |
| States represented by the Republicans who voted that the trial is constitutional | Utah, Maine, Alaska, Louisiana, Nebraska, Pennsylvania |
| Number of Democrats who voted that the trial is constitutional | 50 |
| Total number of senators who voted that the trial is constitutional | 56 |
| Number of senators who voted that the trial is not constitutional | 44 |
| Republicans who voted that the trial is not constitutional | Roy Blunt |
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What You'll Learn
Six Republicans voted yes
Six Republican senators voted that Donald Trump's impeachment trial was constitutional. They were:
- Susan Collins of Maine
- Bill Cassidy of Louisiana
- Lisa Murkowski of Alaska
- Mitt Romney of Utah
- Ben Sasse of Nebraska
- Pat Toomey of Pennsylvania
The vote was 56-44 in favour of the trial's constitutionality. Cassidy was the only senator to switch his vote from an earlier procedural vote on the trial's constitutionality. He said he was an impartial juror and that the House impeachment managers had made a more compelling argument.
The trial was Trump's second impeachment trial. He was impeached by the House on a charge of inciting an insurrection at the US Capitol.
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Trump's legal team criticised
On February 10, 2021, six Republican senators voted with Democrats that former President Donald Trump's impeachment trial was constitutional. The six Republican senators were Mitt Romney of Utah, Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana, Pat Toomey of Pennsylvania, and Ben Sasse of Nebraska.
Trump's legal team, particularly Bruce Castor, was criticized by several Republican senators for their lackluster arguments. Sen. Cassidy, who was the only lawmaker to switch his vote, said that Trump's team was disorganized and did not address the question at hand. Sen. Murkowski also expressed her disappointment with Castor's argument, stating that she "couldn't figure out where he was going."
Trump himself was reportedly unhappy with Castor's opening argument and was almost screaming as Castor struggled to get to the heart of the defense team's argument. Trump has a history of criticizing his legal teams, including in the E. Jean Carroll case, where he expressed disappointment and voiced displeasure during a press conference.
Months of distrust and interpersonal conflict within Trump's legal team led to the departure of top lawyer Tim Parlatore in April 2024. The turmoil within the legal team was attributed to hostility and mutual distrust among the lawyers, as well as their dissatisfaction with Epshteyn's oversight and access to the former president. The clashes became so severe that some lawyers contemplated a "murder-suicide pact," where one would resign if the other was fired.
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House managers praised
The House impeachment managers were praised for their presentation by Louisiana Senator Bill Cassidy, who emerged as the sole Republican to switch his vote after an initial vote on constitutionality. He said:
> "I said I'd be an impartial juror. Anyone listening to those arguments, the House managers were focused, they were organized, they relied upon both precedent, the Constitution and legal scholars. They made a compelling argument. President Trump's team was disorganized. They did everything they could but to talk about the question at hand and when they talked about it, they kind of glided over, almost as if they were embarrassed of their arguments."
Cassidy added that “as an impartial juror, I’m going to vote for the side that did the good job”.
Cassidy was joined by five other Republican senators in voting that the impeachment trial against former President Donald Trump was constitutional: Mitt Romney of Utah, Susan Collins of Maine, Lisa Murkowski of Alaska, Pat Toomey of Pennsylvania, and Ben Sasse of Nebraska.
Senator Murkowski also issued a lengthy statement saying that her vote was "not about President Trump", but a point on the issues of jurisdiction and the power of the Senate. She said:
> "The vote today was not about President Trump. It was about the Senate retaining jurisdiction to try a former official who was impeached while in office for acts done while in office. The Senate should not be so quick to forever give away its power to take corrective actions that may, at some point, be necessary."
The six Republican senators joined all of their Democratic colleagues in voting that the trial was constitutional, with the Senate voting 56-44 in favour. This marked a gain of one senator since a similar vote was held last month.
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Senators voted 56-44
On February 9, 2021, the Senate voted 56-44 that former President Donald Trump's impeachment trial was constitutional. Six Republicans voted with all 50 Democrats to advance the trial, bringing the total to 56. The six Republicans were Sens. Susan Collins of Maine, Bill Cassidy of Louisiana, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania.
The vote rejected an attempt to derail Trump's impeachment trial by getting it declared unconstitutional. The trial was Trump's second impeachment trial, and the vote marked the closing chapter of the day's proceedings. The Senate was adjourned until the next day, when the trial would begin its next phase.
Cassidy was the only Republican to switch his vote after an initial vote on constitutionality the previous month. He said he was convinced by the arguments put forward by the House managers, who he believed were more effective than Trump's team. He said:
> "I said I'd be an impartial juror. Anyone listening to those arguments — the House managers were focused. They were organized. They relied upon both precedent, the Constitution and legal scholars. They made a compelling reason. President Trump’s team was disorganized."
The other five Republican senators who voted for the trial's constitutionality had previously voted to say the trial was constitutional. They believed that the House impeachment managers had a stronger case on constitutionality.
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Rand Paul's motion rejected
The Senate rejected an attempt to derail former President Trump's impeachment trial by declaring it unconstitutional. Rand Paul, a Kentucky Republican, forced a vote on the constitutionality of the trial, but his motion was rejected 55-45. Five Republicans joined all 50 Democrats to defeat the motion, with 45 Republican senators supporting Paul.
Paul had argued that the impeachment was ""dead on arrival"" as Trump had left office by the time it reached the Senate. He also defended Trump against the charges, claiming that Democrats had used similar language in their speeches. However, despite Paul's efforts, the Senate voted 56-44 that the trial was constitutional, with six Republican senators joining the Democrats.
The six Republicans who broke ranks and voted in favor of the trial's constitutionality were Mitt Romney of Utah, Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana, Pat Toomey of Pennsylvania, and Ben Sasse of Nebraska. Sen. Cassidy was the only lawmaker to switch his vote, stating that he was convinced by the arguments put forward by the House managers.
The outcome of the vote underscored the challenge faced by Democrats to get the 17 GOP senators needed to convict Trump. Sen. Roy Blunt (R-Mo.), a member of the GOP leadership who voted against the trial's constitutionality, predicted that it would result in Trump's acquittal. He suggested that the underlying views on impeachment would be the determining factor in the final verdict.
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Frequently asked questions
Six Republican senators voted that the trial is constitutional.
The Republican senators who voted that the trial is constitutional are Mitt Romney of Utah, Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana, Pat Toomey of Pennsylvania, and Ben Sasse of Nebraska.
These senators voted that the trial is constitutional because they believed that the House impeachment managers had a stronger case on constitutionality. They felt that Trump's legal team offered a rambling and lackluster defense of the former president.
