Senator Rand Paul brought a motion today declaring that the upcoming trial of former president Donald Trump was unconstitutional, because the Senate has no constitutional authority to try a former president.

Paul is completely correct, for reasons we have explained in detail before:

Quite predictably, the motion failed, because Mitt Romney already announced he viewed the trial as constitutional. So Democrats had their 51 votes. Romney was joined in voting against the motion by Collings, Murkowski, Sasse, and Toomey. Mitch McConnell voted with Paul and against the trial.

In this seeming defeat, which is being celebrated by Democrats and the media, Paul actually saw victory because if 45 Republican Senators view the trial as unconstitutional, Democrats cannot get the two-thirds vote they need. They need 17 Republicans, and they have 5.

The Senate just voted on my constitutional point of order.

45 Senators agreed that this sham of a “trial” is unconstitutional.

That is more than will be needed to acquit and to eventually end this partisan impeachment process.

This “trial” is dead on arrival in the Senate.

The impeachment trial is a zombie. It’s DOA, but still walking.


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