The Senate just voted that impeachment is constitutional on a largely partisan split, 56-44.
A day before the impeachment trial of former President Donald Trump gets underway in earnest, the Senate convened to hear debate on the constitutionality of trying a man who no longer holds public office.
House impeachment managers – the prosecution – presented their case on Feb. 9 for the legitimacy of this trial, but Trump’s defense team dismantled that position, citing the constitutional flaw and the complete absence of due process for their client.
Still, the trial will go ahead after an almost party-line vote, with six Republicans agreeing that the proceedings were constitutional.
The real question is whether Trump committed the crime of which he is accused, namely, incitement of insurrection. The facts do not favor the accusation. Investigations into the events of Jan. 6 have uncovered a degree of pre-planning, which obviously negates the premise that Trump stirred the crowd to violent action with his speech.
Then there is the inconvenient timeline. Activists were already at the Capitol, tearing down barriers and moving to breach the building itself while the former president was still addressing his supporters some considerable distance away.
Now that what was largely seen as a formality is over, the trial begins in earnest on Wednesday, Feb. 10. All that really remains to be seen now is whether the six Republican senators who voted to proceed will also vote to convict Trump, who will almost certainly not be convicted and not removed from the office he no longer holds.
Read the full story at Liberty Nation.