That position puts McConnell in line with the votes he and 43 other GOP senators have already cast, declaring Trump’s second trial unconstitutional. But the Republican leader, who has not spoken to Trump for weeks, suggested that criminal prosecution of the former president might be appropriate as a means following the January 6 violent uprising at the Capitol.
“The Constitution makes it clear that the criminality of presidential crimes during office can be prosecuted after the president leaves office, which in my opinion alleviates the otherwise worrying argument of ‘January exception’ raised by the House, ” McConnell wrote to fellow Republicans.
McConnell does not sweep colleagues over their votes, but the GOP leader’s decision to acquit Trump will certainly reduce the number of “yes” votes. It is suspected that as many as ten senators are considering a conviction from Friday, but it is becoming increasingly difficult to see many senators condemning Trump, other than the six who voted to continue.
Sens. Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Pat Toomey of Pennsylvania, Ben Sasse of Nebraska and Mitt Romney of Utah voted that the trial be constitutional.
“Based on his comments over the past two months, I really had no idea what he was going to do,” Sen said. Roy Blunt (R-Mo.), A member of the GOP leadership team, said. “He said everyone should make this decision and their own, and I think he will apply to him as well.”
McConnell held his decision throughout the trial until Saturday, saying in his email that he considered the verdict a “vote of conscience” but that he shared his choice because his colleagues directly asked how he would vote.
The Senate can take its final trial vote as soon as Saturday, though a heated debate among Democrats over whether the witnesses will press for an eleventh hour could still extend the proceedings.
Marianne LeVine contributed to this report.