UPDATE: On the Senate floor Tuesday afternoon, 45 Republicans voted to declare former President Trump's upcoming impeachment trial unconstitutional.
The Senate just voted on my constitutional point of order.— Senator Rand Paul (@RandPaul) January 26, 2021
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.
Republican Senator Rand Paul is ripping Democrats and fellow Republicans like Senator Mitt Romney for moving forward with a second unconstitutional, brazen and hyper partisan impeachment trial against former President Donald Trump.
Democrats brazenly appointing a pro impeachment democrat to preside over the trial is not fair or impartial and hardly indicates any kind of unity for the country.— Senator Rand Paul (@RandPaul) January 26, 2021
No, unity is the opposite of this travesty we are about to witness.
Private citizens don’t get impeached. Impeachment is for removal from office, and the accused here has already left office.— Senator Rand Paul (@RandPaul) January 26, 2021
Instead of doing the nation’s work with their new majorities in the House, Senate and Executive Branch, Democrats are wasting the nation’s time on a partisan vendetta against a man no longer in office. It’s almost as if they have no ability to exist except in opposition to Trump— Senator Rand Paul (@RandPaul) January 26, 2021
I want this body on record. Is this how you think politics should be?— Senator Rand Paul (@RandPaul) January 26, 2021
In a few minutes I will insist on a vote to affirm that this proceeding is unconstitutional...
Yesterday it was announced Senate Pro Tempore Patrick Leahy will oversee the impeachment trial in the Senate, not Supreme Court Justice John Roberts. Roberts is not overseeing the trial because President Trump is no longer in office.
Paul is calling on the Senate to vote on whether the trial itself is constitutional. If enough Senators vote to declare the process of impeaching a former President unconstitutional, the trial would not proceed.
Monday night, one article of impeachment against President Trump was officially transmitted from the House to the Senate.