The Senate sent a strong signal Tuesday that there are not nearly enough votes to convict in an impeachment trial when only five GOP senators rejected an effort by Sen. to declare the looming trial unconstitutional.
The Senate voted 55-45 to set aside Paul's motion, with all but five GOP senators siding with Paul.
The vote is the clearest sign yet that Trump is heading toward a second acquittal and offers an early insight into which Republicans are lining up behind an argument that his second impeachment trial isn't constitutional.
Sen., who voted against tabling Paul's effort, said he didn't think the vote was about whether or not the trial was constitutional but if there should be a discussion.
Trump will be the first president to undergo a trial after leaving office, but the Senate previously held an impeachment trial for a Cabinet official after they left office.
Several GOP senators said heading into the vote that they hadn't made a decision on how they would vote, hadn't talked to Paul or, until they saw Tuesday's Senate floor schedule, didn't know he would force the vote.
Toomey declined to comment to reporters after the vote, but indicated in a statement that his vote does not mean he will convict Trump at the end of the trial.
Tuesday, January 26, 2021
Just five GOP senators vote Trump impeachment trial is constitutional
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