The majority of the Senate Republican caucus is arguing that it is unconstitutional for the body to hold an impeachment trial of a former president.
However, Sen. Pat Toomey (R-Pa.) is one of the few Republican senators who believes the chamber is within its constitutional rights to conduct the trial of former President Donald Trump.
During an appearance on CNN’s “State of the Union,” Toomey said he believes “the best outcome would have been for the president to resign” after a mob of violent-Trump supporters stormed the U.S. Capitol on Jan. 6.
“Now, starting Tuesday, I’m going to be a juror, and my job is going to be to objectively evaluate the very specific article of impeachment that has been presented to us. And that’s what I’m going to do. I’m going to listen to the arguments on both sides and make the decision that I think is right,” he said.
Watch the video below:
"I think it's clearly constitutional to conduct a Senate trial with respect to an impeachment," Republican Sen. Pat Toomey says on fmr. Pres. Trump's upcoming trial.
— State of the Union (@CNNSotu) February 7, 2021
"In this case, the impeachment occurred prior to the President leaving office." #CNNSOTU https://t.co/SEHMh9LKBB pic.twitter.com/jrvuQQqpWP
When asked if he believes there is a chance that 17 Republicans would defect to provide the require 67-votes to convict Trump, Toomey said, “I think it’s very unlikely. You did have 45 Republican senators vote to suggest that they didn’t think it was appropriate to conduct a trial. So you can infer how likely it is that those folks will vote to convict.”
“I disagreed with their assessment. I think it’s clearly constitutional to conduct a Senate trial with respect to an impeachment. In this case, the impeachment occurred prior to the president’s leaving office,” he added.
The Senate is scheduled to begin its impeachment on Feb. 9. However, it is seen as unlikely that enough Republicans will be willing to vote to convict Trump.
Forty-five out of 50, Republican senators voted last month to declare that the trial of a former president is unconstitutional, which was seen as a sign that few would decide to vote in favor of conviction.
Toomey was one of the five Republicans who voted to against the measure declaring the trial unconstitutional.