[Congressional Record Volume 167, Number 15 (Tuesday, January 26, 2021)]
[Senate]
[Pages S142-S143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TRIAL OF DONALD JOHN TRUMP, PRESIDENT OF THE UNITED STATES

  The PRESIDENT pro tempore. A quorum is present.
  Under the previous order, the hour of 2:30 p.m. having arrived and a 
quorum having been established, the Senate will proceed to 
consideration of the Article of Impeachment against Donald John Trump, 
the former President of the United States.
  The majority leader.
  Mr. SCHUMER. Mr. President, at this time, pursuant to rule IV of the 
Senate Rules on Impeachment and the U.S. Constitution, the President 
pro tempore emeritus, the Senator from Iowa, will now administer the 
oath to the President pro tempore, Patrick J. Leahy.
  Mr. GRASSLEY. Please raise your right hand. Your hand is on the 
Bible.
  Do you solemnly swear that in all things appertaining to the trial of 
the impeachment of Donald John Trump, former President of the United 
States, now pending, that you will do impartial justice according to 
the Constitution and the laws, so help you God?
  The PRESIDENT pro tempore. I do, so help me God.
  At this time I will administer the oath to all Senators in the 
Chamber in conformance with article I, section 3, clause 6 of the 
Constitution and the Senate impeachment rules.
  Will all Senators now rise and raise their right hands.
  Do you solemnly swear that in all things appertaining to the trial of 
the impeachment of Donald John Trump, former President of the United 
States, now pending, you will do impartial justice according to the 
Constitution and laws, so help you God?
  SENATORS. I do.
  The PRESIDENT pro tempore. The clerk will call the names in groups of 
four. The Senators will present themselves at the desk to sign the Oath 
Book.
  The legislative clerk called the roll, and the Senators present 
answered ``I do'' and signed the Official Oath Book.
  The PRESIDENT pro tempore. The Acting Sergeant at Arms will make the 
proclamation.
  The Acting Sergeant at Arms, Jennifer Hemingway, made the 
proclamation as follows:
  Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, 
on pain of imprisonment, while the House of Representatives is 
exhibiting to the Senate of the United States the Article of 
Impeachment against Donald John Trump, former President of the United 
States.
  The PRESIDENT pro tempore. The Senator from Kentucky.
  Mr. PAUL. Mr. President, article II, section 4 of the Constitution 
says: ``The President, Vice President and all civil Officers of the 
United States, shall be removed from Office on Impeachment for, and 
Conviction of, Treason, Bribery, or other high Crimes and 
Misdemeanors.''
  Article I, section 3, clause 6 states: ``When the President of the 
United States is tried, the Chief Justice shall preside.''
  As of noon last Wednesday, Donald Trump holds none of the positions 
listed in the Constitution. He is a private citizen. The Presiding 
Officer is not the Chief Justice, nor does he claim to be. His presence 
in the Chief Justice's absence demonstrates that this is not a trial of 
the President but of a private citizen.


                             Point of Order

  Therefore, I make a point of order that this proceeding, which would 
try a private citizen and not a President, a Vice President, or civil 
officer, violates the Constitution and is not in order.
  The PRESIDENT pro tempore. Under the precedents of the Senate 
regarding constitutional points of order, including those of the Senate 
while sitting as a Court of Impeachment, the Chair submits the question 
to the Senate: Is the point of order well taken?
  The majority leader.
  Mr. SCHUMER. Mr. President, the theory that the impeachment of a 
former official is unconstitutional is flat-out wrong by every frame of 
analysis: constitutional text, historical practice, precedent, and 
basic common sense. It has been completely debunked by constitutional 
scholars from all across the political spectrum.
  Now, the junior Senator from Kentucky read one clause from the 
Constitution about the Senate's impeachment powers. He left out another 
from article I, section 3: ``Judgment in Cases of Impeachment shall not 
extend further than to removal from Office, and disqualification to 
hold and enjoy any Office of honor, Trust or Profit under the United 
States.
  If the Framers intended impeachment to merely be a vehicle to remove 
sitting officials from their office, they would not have included that 
additional provision: disqualification from future office. The 
Constitution also gives the Senate the ``sole power'' to try all 
impeachments.
  So what did past Senates decide on this question? In 1876, President 
Grant's Secretary of War, William Belknap, literally raced to the White 
House to tender his resignation before the House was set to vote on his 
impeachment. Not only did the House move forward with the impeachment, 
but the Senate convened a trial and voted as a Chamber that Mr. Belknap 
could be tried ``for acts done as Secretary of War, notwithstanding his 
resignation of said office.''
  The language is crystal clear, without any ambiguity. The history and 
precedent is clear. The Senate has the power to try former officials, 
and the reasons for that are basic common sense. It makes no sense 
whatsoever that a President or any official could commit a heinous 
crime against our country and then defeat Congress's impeachment powers 
and avoid disqualification by simply resigning or by waiting to commit 
that offense until their last few weeks in office.
  The theory that the Senate can't try former officials would amount to 
a constitutional get-out-of-jail-free card for any President who 
commits an impeachable offense.
  Ironically, the Senator from Kentucky's motion would do an injury to 
the Constitution by rendering the disqualification clause effectively 
moot. So, again, by constitutional text, precedent, and common basic 
sense, it is clearly and certainly constitutional to hold a trial for a 
former official. Former President Trump committed, in the view of many, 
including myself, the gravest offense ever committed by a President of 
the United States.
  The Senate will conduct a trial of the former President, and Senators 
will render judgment on his conduct.


                            Motion to Table

  Therefore, the point of order is ill-founded and, in any case, 
premature. If Senators want this issue debated, it can and will be 
argued during the trial. Therefore, I move to table the point of order, 
and I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 55, nays 45, as follows:

                         [Rollcall Vote No. 8]

                                YEAS--55

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Romney
     Rosen
     Sanders
     Sasse
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Toomey

[[Page S143]]


     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                                NAYS--45

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Paul
     Portman
     Risch
     Rounds
     Rubio
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Tillis
     Tuberville
     Wicker
     Young
  The PRESIDENT pro tempore. On this vote, the yeas are 55, the nays 
are 45.
  The motion to table is agreed to; the point of order is not 
sustained.
  The majority leader.


Providing For Related Procedures Concerning The Article Of Impeachment 
       Against Donald John Trump, President Of The United States

  Mr. SCHUMER. Mr. President, I have a resolution to organize the 
pretrial proceedings at the desk.
  The PRESIDENT pro tempore. The clerk will report the resolution by 
title.
  The legislative clerk read as follows:

       A resolution (S. Res. 16) to provide for related procedures 
     concerning the article of impeachment against Donald John 
     Trump, President of the United States.

  Mr. SCHUMER. I ask for the yeas and nays.
  The PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll
  The result was announced--yeas 83, nays 17, as follows:

                         [Rollcall Vote No. 9]

                                YEAS--83

     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Braun
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cramer
     Crapo
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Inhofe
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lujan
     Lummis
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Romney
     Rosen
     Rounds
     Sanders
     Sasse
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--17

     Blackburn
     Cotton
     Cruz
     Daines
     Hagerty
     Hawley
     Hyde-Smith
     Johnson
     Lee
     Marshall
     Paul
     Risch
     Rubio
     Scott (FL)
     Scott (SC)
     Shelby
     Tuberville
  The PRESIDENT pro tempore. On this vote, the yeas are 83, the nays 
are 17.
  The resolution (S. Res. 16) was agreed to.
  (The resolution is printed in today's Record under ``Submitted 
Resolutions.'')
  The PRESIDENT pro tempore. The majority leader.

                          ____________________