WASHINGTON — Sen. Rand Paul is challenging the constitutionality of the looming Senate impeachment trial of former President Donald Trump, arguing that the process is illegal because he no longer holds office.
“Private citizens don’t get impeached. Impeachment is for removal from office and the accused here has already left office,” Paul, R-Ky., said on the floor of the Senate Tuesday.
The Senate is scheduled to begin Trump’s second trial after the House formally delivered a single article of impeachment on Monday evening, accusing the former president of “incitement of an insurrection” in the attack on the U.S. Capitol on Jan. 6.
Democrats are citing Trump’s call to his supporters to “fight like hell” as the primary piece of evidence he prodded them to take violent action. Senate Minority Leader Mitch McConnell, R-Ky., has blamed Trump for provoking the attack that led hundreds to vandalize the nation’s capital and chase lawmakers out of the legislative chambers.
But Paul noted that Trump also encouraged his supporters to march “peacefully and patriotically,” on that day and contended that holding Trump liable for political speech would set a dangerous standard that many Democrats would fail to clear.
“I want the Democrats to raise their hands if they have ever given a speech that says ‘Take back, fight for your country.’ Who hasn’t used the words ‘fight’ figuratively? And are we going to put every politician in jail? Are we going to impeach every politician who has used the words ‘fight’ figuratively in a speech?” Paul asked.
He cited the 2017 baseball park shooting of Louisiana Rep. Steve Scalise, who was seriously injured by a supporter of Sen. Bernie Sanders. Sanders swiftly condemned the violent outburst. Paul also raised New Jersey Sen. Cory Booker’s call for constituents to “get up in the face” of some members of Congress in 2018, and California Rep. Maxine Waters’ call to harass members of the Trump administration in public.
“Democrats insist on applying a test of incitement to a Republican that they refuse to apply to themselves,” Paul said.
