Impeachment

Floor Speech

Date: Jan. 26, 2021
Location: Washington, DC

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Mr. JOHNSON. Mr. President, I would like to first thank my colleague from Kentucky for his consistent, over the years--consistent fighting, I use that word--fighting for the Constitution. I truly appreciate it, and I appreciate his raising this constitutional point of order in an hour or so.

The issue he raises is one of constitutionality versus unconstitutionality. I have been reading positions on both sides. I understand there are legitimate arguments on both sides of that question. But the fact is, 3 weeks ago, we came together in this body and we collectively decided that it was not wise, it was not smart-- regardless of the constitutionality or the ability for us to do so, it was not smart for Congress to overrule, overturn the wishes of voters and of States that certified the electors. We felt that was not wise.

Again, in a couple of hours, we are going to be voting on--we won't be able to debate, which is why I am rising today or at this moment--we are going to debate whether a trial of someone who is no longer a President, no longer a civil servant, a private citizen, whether that is constitutional or not constitutional. Again, there are good arguments on both sides. Senators will vote differently and have justification for whatever side of that argument they take.

What I would like my colleagues to consider when they decide how to vote on that is not the constitutionality or unconstitutionality of that; I want them to consider, is it wise? Will a trial of a former President, of a private citizen--will it heal? Will it unify? I think the answer is clearly it will not. A trial of a former President is simply vindictive. It will divide. It is like opening up a wound and throwing salt in it. That is not a healing process.

Again, the question when we vote on this in a couple of hours, for every Senator, should be, Is it wise? Is it the right thing to do? I think from that standpoint, the choice is very clear: It will not heal. It will not unite.

Let's put an end to this now. Let's dismiss this trial and rule it unconstitutional.

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