As the House prepares to bring the impeachment charge against Donald Trump to the Senate for trial, a growing number of Republican senators say they are opposed toÂ the proceeding, dimming the chances that former president will be convicted onÂ the chargeÂ that he incited a siege of the U.S. Capitol.
House Democrats will carry the sole impeachment charge of âincitement of insurrectionâ across the Capitol late Monday evening, a rare and ceremonial walk to the Senate by the prosecutors who will argue their case. They are hoping that strong Republican denunciations of Trump after the Jan. 6 riot will translate into a conviction and a separate vote to bar Trump from holding office again.
But instead, GOP passions appear to have cooled since the insurrection. Now that Trumpâs presidency is over, Republican senators who will serve as jurors in the trial are rallying to his legal defense, as they did during his first impeachment trial last year.
âI think the trial is stupid, I think itâs counterproductive,â said Sen. Marco Rubio, R-Fla.. He said that âthe first chance I get to vote to end this trial, Iâll do itâ because he believes it would be bad for the country and further inflame partisan divisions.
Trump is the first former president to face an impeachment trial, and it will test his grip on the Republican Party as well as the legacy of his tenure, which came to a close as a mob of loyal supporters heeded his rally cry by storming the Capitol and trying to overturn Joe Bidenâs election. The proceedings will also force Democrats, who have a full sweep of party control of the White House and Congress, to balance their promise to hold the former president accountable while also rushing to deliver on Bidenâs priorities.
Arguments in the Senate trial will begin the week of February 8. Leaders in both parties agreed to the short delay to give Trumpâs team and House prosecutors time to prepare and the Senate the chance to confirm some of Bidenâs Cabinet nominees. Democrats say the extra days will allow for more evidence to come out about the rioting by Trump supporters, while Republicans hope to craft a unified defence for Trump.
Sen. Chris Coons, D-Del., said in an interview with The Associated Press on Sunday that he hopes that evolving clarity on the details of what happened Jan. 6 âwill make it clearer to my colleagues and the American people that we need some accountability.â
Coons questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a âstunning violationâ of the tradition of peaceful transfers of power.
âIt is a critical moment in American history and we have to look at it and look at it hard,â Coons said.
An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. Still, the mounting Republican opposition indicates that many GOP senators would eventually vote to acquit Trump. Democrats would need the support of 17 Republicans â a high bar â to convict him.
When the House impeached Trump on Jan. 13, exactly one week after the siege, Sen. Tom Cotton, R-Ark., said he didnât believe the Senate had the constitutional authority to convict Trump after he had left office. On Sunday, Cotton said âthe more I talk to other Republican senators, the more theyâre beginning to line upâ behind that argument.
âI think a lot of Americans are going to think itâs strange that the Senate is spending its time trying to convict and remove from office a man who left office a week ago,â Cotton said.
Democrats reject that argument, pointing to an 1876 impeachment of a secretary of war who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president who told them to âfight like hellâ against election results that were being counted at the time, is necessary so the country can move forward and ensure such a siege never happens again.
A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump.
Sen. Mitt Romney, R-Utah, said he believes there is a âpreponderance of opinionâ that an impeachment trial is appropriate after someone leaves office.
âI believe that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offence,â Romney said. âIf not, what is?â
But Romney, the lone Republican to vote to convict Trump when the Senate acquitted the then-president in last yearâs trial, appears to be an outlier.
Sen. Mike Rounds, R-South Dakota, said he believes a trial is a âmoot pointâ after a presidentâs term is over, âand I think itâs one that they would have a very difficult time in trying to get done within the Senate.â
On Friday, GOP Sen. Lindsey Graham of South Carolina, a close Trump ally who has been helping him build a legal team, urged the Senate to reject the idea of a post-presidency trial â potentially with a vote to dismiss the charge â and suggested Republicans will scrutinize whether Trumpâs words on Jan. 6 were legally âincitement.â
Senate Republican leader Mitch McConnell, who said last week that Trump âprovokedâ his supporters before the riot, has not said how he will vote or argued any legal strategies. The Kentucky senator has told his GOP colleagues that it will be a vote of conscience.
One of House Speaker Nancy Pelosiâs nine impeachment managers said Trumpâs encouragement of his loyalists before the riot was âan extraordinarily heinous presidential crime.â
Rep. Madeleine Dean, D-Pennsylvania., said âI mean, think back. It was just two-and-a-half weeks ago that the president assembled a mob on the Ellipse of the White House. He incited them with his words. And then he lit the match.â
Trumpâs supporters invaded the Capitol and interrupted the electoral count as he falsely claimed there was massive fraud in the election and that it was stolen by Biden. Trumpâs claims were roundly rejected in the courts, including by judges appointed by Trump, and by state election officials.
Rubio and Romney were on âFox News Sunday,â Cotton appeared on Fox News Channelâs âSunday Morning Futuresâ and Romney also was on CNNâs âState of the Union,â as was Dean. Rounds was interviewed on NBCâs âMeet the Press.â