GOP Sen. Portman cites 'serious constitutional questions' with Trump impeachment trial
“The more appropriate place to hold private citizens accountable would be the criminal justice system,” Portman said.
{{#rendered}} {{/rendered}}Sen. Rob Portman, R-OH, argued Wednesday that there are "serious constitutional questions" with the Senate’s decision to move forward with impeachment proceedings against former President Donald Trump over his alleged role in the Jan. 6 riot at the Capitol.
The Senate voted 56-44 to affirm the constitutionality of the impeachment trial targeting Trump, the first of its kind involving a non-sitting president. Portman, who will retire from office in 2022, was one of the 44 Republicans who voted against proceeding with the trial.
SIX GOP SENATORS VOTE THAT TRUMP TRIAL IS CONSTITUTIONAL AND CAN PROCEED
{{#rendered}} {{/rendered}}Portman asserted that Trump "bears some responsibility" for the events of Jan. 6, when his supporters stormed the Capitol complex as lawmakers met to confirm President Biden’s election victory. However, the Ohio senator argued that impeachment, as detailed in the Constitution, is reserved for elected officials who can still be removed from office.
Portman pointed to Article II, Section 4 of the Constitution, which notes that "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.’"
"This text, in my view, makes clear that the framers reserved the tool of impeachment for removal of current presidents, not private citizens," Portman said in a statement. "A president who is no longer in public office cannot be removed from office, regardless of how inappropriate we may deem their conduct. That’s why I voted that the Senate does not have jurisdiction.
{{#rendered}} {{/rendered}}"The more appropriate place to hold private citizens accountable would be the criminal justice system," he added.
It wasn’t clear whether Portman’s statement indicated he has already decided to vote against a conviction. Portman’s office did not immediately return a request for comment.
A total of six GOP senators -- Sens. Susan Collins of Maine, Bill Cassidy of Louisiana, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania – sided with Democrats on the key vote.
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Trump’s legal team argued the trial is unconstitutional because Trump is no longer in office, while House impeachment managers cited historical precedents for impeachment proceedings against former officials as proof the trial should move forward.
Trump stands accused of a single count of incitement of insurrection. A total of 67 senators would have to vote against Trump in order to convict him of the charge.