Ohio Republican Senator Rob Portman told CNBC why he joined 44 other Republicans to reject the constitutionality of the impeachment of former President Donald Trump.
“I think the constitutional issue should be addressed and not put forward and should not be pushed aside, which is why I am going to listen to both sides as a jury member, but we have to address the constitutional issue and the precedent it would set, so if you look at the constitution … it’s about expulsion, and this is now a private citizen, Donald Trump, not a president, ” Portman said Thursday night during a pre-recorded interview in The News with Shepard Smith.
Kentucky Sen. Rand Paul led the charge to dismiss the constitutionality of the proceedings. First, because Trump is no longer in office, and second, because Senate President pro tempore Patrick Leahy (D-VT) will chair the trial in place of Supreme Court Chief Justice John Roberts.
Roberts chaired Trump’s first impeachment trial, but he won’t be reprising the role a second time. New York Senate Leader Chuck Schumer told MSNBC’s Rachel Maddow Show Monday that the decision to preside was up to Roberts.
“The constitution says that the chief justice will preside over a sitting president,” Schumer said. So that’s not going to happen – so it was up to John Roberts whether he wanted to preside with a president who is no longer sitting, Trump. And he doesn’t want to do it. ‘
Portman told host Shepard Smith that he was concerned about the precedent that these impeachment proceedings might set.
“Remember the precedent of saying Republicans could go after President Obama or President Clinton, or that Democrats could go after George W. Bush as private individuals,” Portman said.
Portman had previously stated that Trump “has some responsibility” for the January 6 Capitol uprising. He did not support Trump’s efforts to reverse the 2020 election results, and he voted to maintain the certified election results on January 6 and postponed the count.
Smith urged Portman on what he thought would be an appropriate punishment for Trump.
“An appropriate consequence is for people to speak up, as I have done very clearly, before, outright, during and after, and I think it is also important that Parliament acted, so there have been consequences that way,” said Portman .
Portman announced that he would not be re-elected next year, but will serve his term, which ends January 3, 2023. He said he “won’t miss out on the politics and the bias, which has gotten more difficult over time.”