Republican Senator Rand Paul made a motion on the Senate floor that would have required the chamber to vote on whether Trump’s trial in February violates the US Constitution.
The Democratic-led Senate blocked the motion in a 55-45 vote.
US Senate need two-third vote to impeach the President. Secondly Trump is not the US President thus to impeach person not the President, empirically is not the impeachment process.
Five Senate Republicans have voted in favor of dismissing Trump’s impeachment trial, making clear a conviction of the former president for “incitement of insurrection” is unlikely.
The vote means the trial on Trump’s impeachment will begin as scheduled the week of February 8. The House impeached him January 13, just a week after the deadly insurrection in which five people died.
But only five Republican lawmakers joined Democrats to reject Paul’s motion, far short of the 17 Republicans who would need to vote to convict Trump on the impeachment charge.
“It’s one of the few times in Washington where a loss is actually a victory,” Paul later told reporters. “Forty-five votes means the impeachment trial is dead on arrival.”
Paul and other Republicans contend that the proceedings are unconstitutional because Trump left office last Wednesday and the trial will be overseen by Democratic Senator Patrick Leahy instead of by US Chief Justice John Roberts.