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Neil Keefer January 26, 2021 1 minute, 42 seconds
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Sen. Rand Paul (R-Ky.) plans to raise a point of order this afternoon on the impeachment article delivered to the Senate, arguing that it’s unconstitutional since Donald Trump is no longer president.
This might seem like a silly procedural gambit, but it’s important: The move will trigger a vote on whether senators agree, forcing Republicans on the record today over whether they even think Trump’s trial is allowed to proceed.
Should more than 34 Republicans agree with Paul, it’s game over. You’ll have your answer that Trump will not be convicted.
Just before lunch today, Paul expressed confidence to reporters that they’d get there: “I think it’ll be enough to show that, you know, more than a third of the Senate thinks that the whole proceeding is unconstitutional, which will show that ultimately they don’t have the votes to do an impeachment,” he said.
All 50 Democrats are likely to vote against Paul’s motion. If at least 17 Republicans join Democrats, two-thirds of the Senate will have declared that the trial is constitutional, leaving open the possibility that at least 17 GOP senators will vote to convict Trump.
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