Republicans rallied en masse on Tuesday against trying former President Donald J. Trump for "incitement of insurrection," with only five members of his party joining Democrats in voting to go forward with the impeachment trial for his role stirring up a mob that attacked the Capitol.
In a 55 to 45 vote that strongly suggested that the Senate does not have the votes to convict the former president, senators narrowly killed a Republican effort to dismiss the impeachment charge as unconstitutional. The opposition of all but a handful of Republicans underscored Mr. Trump's continued strength in the party even after his brazen campaign to overturn his election defeat, fueled by false claims of voting fraud, and he left office with his party relegated to the minority in both houses of Congress.
Senators could yet change their views. But for now, the vote signaled the likelihood that Mr. Trump would for the second time in a year be acquitted by the Senate in an impeachment charge, spared by loyal Republicans who were reluctant to break with him. It would take two thirds of senators — 67 votes — to attain a conviction, meaning 17 Republicans would have to cross party lines to side with Democrats in finding him guilty.
Senator Mitch McConnell, Republican of Kentucky and the minority leader, is said to believe Mr. Trump committed impeachable offenses surrounding the deadly Capitol siege and has said he is undecided on the charge. Yet he voted with the vast majority of the party to uphold the constitutional challenge, which would have effectively terminated the trial if it had prevailed.
Senator Rand Paul, Republican of Kentucky, forced the vote after arguing that it was unconstitutional to hold an impeachment trial of a former president, an assertion widely disputed by scholars and even the Senate itself in the past.
"Private citizens don't get impeached. Impeachment is for removal from office, and the accused here has already left office," Mr. Paul said, calling the trial "deranged" and vindictive.
"I want this body on record — every last person here," he added. "Is this how you think politics should be?"
Among the Republicans who joined Democrats in voting to put aside the objection and proceed were Senators Lisa Murkowski of Alaska, Susan Collins of Maine, Mitt Romney of Utah, Ben Sasse of Nebraska and Patrick Toomey of Pennsylvania.
"My review of it has led me to conclude it is constitutional in recognizing impeachment is not solely about removing a president, it is also a matter of political consequence," said Ms. Murkowski, who has praised the House's bipartisan impeachment.
The action unfolded just after the Senate convened as a court of impeachment and senators took an oath, dating to the 18th century, to administer "impartial justice." Senator Patrick J. Leahy, Democrat of Vermont and the president pro tempore, was sworn in to preside over the proceeding and the Senate also formally summoned Mr. Trump to answer the House's charge.
Senators were expected to put the trial on pause for two weeks, delaying any further debate on the matter. The pause will allow President Biden time to win confirmation of members of his administration and give Mr. Trump's still-forming legal team a chance to prepare his defense.
— Nicholas Fandos, New York Times, January 26, 2021
January 26, 2021
Voices4America Post Script. 100 Senators took an oath to administer “impartial justice,” then 45 GOP Senators voted to stop the trial against a Seditionist President. If you know who brought murderous rioters to our Capitol to prevent the transition of power for a Lie, call your GOP Senators. #45GOPSenators #Remove45