Texas Sens. Cruz, Cornyn say impeachment trial of Trump is unconstitutional

Texas Sens. John Cornyn and Ted Cruz joined 43 other Republicans who voted Tuesday to say Donald Trump’s impeachment trial is unconstitutional.

While that effort lost in the Democratic-run Senate, it is a strong indication Trump will not be convicted, since it takes 67 of the 100 senators to convict. The trial begins Feb. 9.

U.S. House members formally delivered an article of impeachment against Trump Monday, charging him with inciting the Capitol insurrection Jan. 6 that left five people dead.

“I think this impeachment is a mistake. I think it is petty and vindictive on the Democrats’ part and I think they’re engaged in political retribution,” Cruz said on the “Hugh Hewitt Show” Tuesday. “I’m going to vote against conviction.”

Cornyn also called the trial “vindictive” before the article of impeachment was formally delivered, in an interview with KHOU Friday.

“Never before has there been a trial of a person who used to be president but is no longer president. And it just strikes me as a vindictive move you know, say what you will about the president’s role in a speech he gave,” Cornyn said in the interview. “He’s no longer president. He lost the election. That used to be punishment enough in our politics.”

However, Cornyn said he would “reserve judgment until after I hear their case” regarding a possible conviction.

Both senators have spoken out against holding the impeachment trial, citing it will divide the nation.

“Joe Biden last week at his inauguration gave this impassioned plea for unity, and congressional Democrats, their first response is, ‘Great let’s spend the first month of the Biden administration impeaching Donald Trump,’” Cruz said on the show.

Sens. Cruz and Cornyn have also questioned the constitutionality of impeaching a former president.

“We know that there have been three impeachments during American history, and the rules were laid out in the Constitution and in the rules of the Senate, but there are no rules,” Cornyn said in an interview with Fox News Monday. “There is no constitutional provision permitting the impeachment for the sole purpose of removing them from running for office in the future, somebody who is no longer president, who is a private citizen.