On Sat, the Senate voted 57-43 in the 2nd impeachment trial of President Donald Trump. A deep look into the reasons each of the 43 Republican senators gave for their vote holds some lessons.

In this commodity, we provide the text for each of the 43 senators' statements (where available) and classify those statements according to whether the senator took a position on the merits of the case against Trump. Some senators clearly voted in back up of Trump's defense confronting the allegations. Other senators, however, indicated that the House Managers proved their case but that the senator did not vote to convict on the theory that the Senate lacked jurisdiction to attempt a former president. Other senators gave no indication of their views on the claim, but as well said the Senate lacked jurisdiction to decide. Indeed, one of the implications of this analysis is that, as a matter of law, information technology is technically inaccurate to phone call many of these 43 senators' decisions a vote to "acquit," at to the lowest degree not on the question of guilt or innocence. Indeed, over half of the 43 senators were either critical of Trump or expressed neither criticism nor support for him on the merits (due east.chiliad., Groups A, C & D below). Of the 100 senators who did reach the question of guilt or innocence, an enormous majority voted to convict.

Several of the 43 senators who made highly disquisitional statements about Trump's deportment may, indeed, now support other forms of accountability. Department three of the Fourteenth Subpoena, for example, offers another option for disqualifying Trump from holding futurity office. Sen. Chris Coons (D-DE) said on Sunday, "A number of Republicans have already come up out and said there should be farther accountability, whether through a criminal trial or through some other path towards beingness barred from office." Whether that includes any of the 43 is non articulate as of this writing. Merely the 43 Republican senators' explanations of their votes may point how receptive they are to such legislative action.

If y'all believe we missed anything, email us at lte@justsecurity.org .

Here'south a breakdown of the 43 Republican senators.

Critical of Trump (thirteen senators):

A. Jurisdiction-Based Objections AND Critical of Trump: 8
B . Jurisdiction- and Merits-Based Objections AND Critical of Trump: 5

Neutral: Neither Critical nor Supportive of Trump (19 senators):

C. Jurisdiction-Based Objections AND No Showing of Criticism/Support of Trump: xiv
D. Jurisdiction-Based and Procedural Objections AND No Showing of Criticism/Support of Trump: iii
East. Unclear or Mixed Rationales AND No Showing of Criticism/Support of Trump: 2

Supportive of Trump (11 senators):

F. Jurisdiction-Based Objections AND Support of Trump: 0
G. Jurisdiction- and Merits-Based Objections AND Support of Trump: seven

Not Bachelor (four senators):

H. Statements on Explanation of Vote Not Available: four

Stated Rationales:

  • Jurisdiction-Based Objections: 22
  • Jurisdiction-and Claim-Based Objections: 16
  • Unclear Rationale: ane
  • Statements on Explanation of Vote Not Available: 4

Explanation of Votes: Statements of the 43 Republican Senators

Critical of Trump on the Merits (xiii senators)

A. Jurisdiction-Based Objections AND Disquisitional of Trump: 8 senators relied entirely on the rationale that the Senate does not take the constitutional jurisdiction to try a one-time president. Yet, these 8 senators criticized Trump's actions as alleged by the Business firm Impeachment Managers. Some of these criticisms are mild; others are scathing; and others in-between. They are listed in alphabetical lodge.

Sen. John Boozman (AR):

"While the quondam President Donald Trump bears some responsibleness for what happened that day…I maintain my belief that the constitutional legitimacy of this impeachment trial was lacking." Source

Sen. Shelly Moore Capito (WV):

"Our Constitution references that impeachment was designed to remove an officer from public office—not a private citizen. Given that President Trump no longer holds public office, my 'no' vote today is based solely on this ramble belief… The actions and reactions of President Trump were disgraceful, and history will estimate him harshly. " Source

Sen. John Hoeven (ND):

"The Founding Fathers designed impeachment as a fashion to remove a President from function. That is why I believe information technology is unconstitutional and voted against trying to use impeachment to a former president, later on he has left function…President Trump should non have encouraged the protest on Jan half-dozen , but those rioters who broke the police force are responsible for their actions …" Source

Sen. Jerry Moran (KS):

"President Trump was wrong to go on to spread allegations of widespread fraud and not immediately discourage the reprehensible and unpatriotic behavior … I believe the impeachment process is intended to be used for because whether or not 'The President' should be removed from office…I voted to comport." Source

Sen. Mitch McConnell (KY):

"Former President Trump's deportment that preceded the anarchism were a disgraceful, disgraceful dereliction of duty…There's no question — none — that President Trump is practically and morally responsible for provoking the events of the twenty-four hour period… There is no limiting principle in the ramble text that would empower the Senate to convict and disqualify former officers that would not also let them convict and disqualify any private citizen. . .. The Senate's decision today does non condone annihilation that happened on or before that terrible day." Source

Sen. Rob Portman (OH):

"What President Trump did that day was inexcusable because in his speech he encouraged the mob, and that he bears some responsibility for the tragic violence that occurred. I have as well criticized his slow response as the mob stormed the U.S. Capitol, putting at risk the condom of Vice President Pence, law enforcement officers, and others who piece of work in the Capitol. Even afterwards the attack, some of the language in his tweets and in a video showed sympathy for the violent mob.
 The question I must answer is not whether President Trump said and did things that were reckless and encouraged the mob. I believe that happened. The threshold question I must answer is whether a erstwhile president can be convicted by the Senate in the context of an impeachment. This would be unprecedented." Source

Sen. Dan Sullivan (AK):

"I strongly believe the Senate does not have jurisdiction to try a former President who is now a private citizen…I also condemn former President Trump's poor judgment in calling a rally on that 24-hour interval, and his actions and inactions when information technology turned into a riot …" Source

Sen. John Thune (SD):

" My vote to acquit should not exist viewed as exoneration for his behave on January six, 2021, or in the days and weeks leading up to information technology. What former President Trump did to undermine religion in our ballot organization and disrupt the peaceful transfer of power is inexcusable . But he is no longer president. The Constitution is articulate that the primary purpose of impeachment is removal from office…" Source

B. Jurisdiction and Merits-Based Objections AND Critical of Trump: 5 senators voted to acquit, relying on several objections (e.g. jurisdiction, due process, First Amendment, merits). All the same, these v senators as well did criticize Trump'southward actions.

Sen. John Cornyn (TX):

"This trial reminded the states that too many public officials, including the President, have used reckless and incendiary spoken communication …The arguments of the Firm Impeachment Managers that the Constitution permits the impeachment of a private denizen, the gratuitous speech protections of the First Subpoena don't utilize, the due process clause of the Fifth Amendment is optional, and that the trial may include a presiding officer who also serves as a juror all were a span as well far." Source

Reason for Acquitting: Jurisdiction, Trial Proceedings, Outset Amendment, Due Process,

Sen. Kevin Cramer (ND):

"I exercise not believe the Constitution gives united states of america the authorization to hold an impeachment trial for a former president who is now a private citizen…the House Managers failed to establish a straight line between the January vi attacks on the United States Capitol and the onetime President's public statements and remarks …President Trump is too afforded the Beginning Amendment right of gratis speech like every American…The January 6 attacks on the Capitol were appalling, and President Trump's remarks were reckless , but based on the evidence presented in the trial, he did not commit an impeachable offense. Source

Reason for Acquitting: Jurisdiction, First Amendment, Merits

Sen. Chuck Grassley (IA):

"While the ultimate responsibility for this assail rests upon the shoulders of those who unlawfully entered the Capitol, anybody involved must take responsibility for their destructive actions that day, including the former president. As the leader of the nation, all presidents carry some responsibility for the actions that they inspire — skillful or bad. Undoubtedly, then- President Trump displayed poor leadership in his words and deportment. I do not defend those deportment and my vote should non be read equally a defense of those actions.
 …
F irst and foremost, I don't think this impeachment is proper under the Constitution…. In the end I do not call up we have the ability to attempt a old president.
…
T he Firm Managers tried to bear witness that President Trump incited an insurrection. That is a hard argument to brand. There were many other articles over which they could have impeached President Trump only this is what the House of Representatives chose. They didn't run into their burden.
…
 He belittled and harassed elected officials across the country to become his way. He encouraged his own, loyal vice president, Mike Pence, to take extraordinary and unconstitutional actions during the Balloter College count. My vote in this impeachment does nil to excuse or justify those actions. There's no doubt in my mind that President Trump'southward language was extreme, ambitious, and irresponsible .

Unfortunately, others share the blame in polluting our political discourse with inflammatory and divisive language. As President Trump'south attorneys showed, any nosotros heard from President Trump, we had been hearing from Democrats for years.

… he should accept been accorded the protections of due process of law in his trial. And even if we assume he has been, the House Managers even so did non prove that he committed incitement to insurrection , the specific offense of which he stands accused. This does not excuse President Trump's conduct on and around January 6th of this year…" Source

Reason for Acquitting: Jurisdiction,  Due Procedure, Merits

Sen. Mike Lee (UT):

" No one can disregard… President Trump'due south words, deportment, and omissions on that mean solar day …The fact is that the word 'incitement' has a very specific meaning in the police, and Donald Trump's words and actions on January six, 2021, fell short of that standard . The House rushed its impeachment without an investigation, charged President Trump with a criminal offense it failed properly to criminate, so sat on its poorly worded Article until after he left part." Source

Reason for Acquitting: Claim

Sen. Thom Tillis (NC):

"My vote was based on ii key issues with the impeachment process. The first beingness the conclusion to hold a trial for a private citizen, and the 2d being the accuse itself… The virtually serious aspect of President Trump's conduct was non necessarily what he said in the lead-up to the assail of the Capitol, just the leadership he failed to provide to put an end to it, and yet the Firm curiously chose non to file a charge or build their case around this point.

"It is important to note that a not guilty verdict is not the same as being declared innocent . President Trump is most certainly not the victim here; his words and actions were reckless and he shares responsibleness for the disgrace that occurred on January vi." Source

Reason for Acquitting: Jurisdiction, Offset Amendment

Neutral: Neither Critical nor Supportive of Trump on the Merits (xix senators)

C. Jurisdiction-Based Objections AND No Showing of Criticism/Back up of Trump: 14 senators voted to bear, relying on the rationale that the Senate does not have the Constitutional jurisdiction to impeach a former president. These 14 senators neither supported nor criticized Trump.

Sen. John Barrasso (WY):

" From mean solar day 1, and consistent with my duty to the Constitution, I opposed this impeachment trial of a private citizen and erstwhile president. Today I voted for acquittal." Source

Sen. Roy Edgeless (MO)

" I believe the constitutional purpose for presidential impeachment is to remove a president from office, not to punish a person after they take left office. No consideration was given to impeaching President Nixon when he resigned in 1974. The Constitution hasn't changed and the Congress should non gear up a new, subversive precedent. " Source

Sen. Steve Daines (MT):

" I voted to behave President Trump of a second impeachment because I believe the trial was unconstitutional. I do non believe the Senate has the authority to remove a erstwhile President from office who is no longer in role." Source

Sen. Joni Ernst (IA):

" The Constitution clearly states that impeachment is for removing  a president from office…. Donald Trump is no longer in role, he is a private citizen. " Source

Sen. Jim Inhofe (OK):

" My patently reading of Article II, Section Iv of the Constitution led me to believe that the Founders did not intend for u.s.a. to impeach and try old presidents , which is why today I voted to deport former President Trump." Source

Sen. James Lankford (OK):

"I cannot support removing someone from function who is non in role. An impeachment trial after someone has left office is unconstitutional. " Source

Sen. Cynthia Lummis (WY):

"From the start, I made it clear that I believed this exercise was an unconstitutional distraction." Source

Sen. Jim Risch (ID):

"The purpose of the ramble dominance of impeachment is to remove the president from office. The person Democrats attempted to impeach was no longer in function. The United States Senate has no jurisdiction over a private citizen and thus impeachment was and is impossible." Source

Sen. Mike Rounds (SD):

"I am convinced that the Senate does not have jurisdiction to return a judgement against the former president. Therefore, I voted non guilty." Source

Sen. Marco Rubio (FL):

"The Senate does not take the Constitutional power to captive a former official. And even if we did we should be very reluctant to use it." Source

Sen. Rick Scott (FL):

"Democrats in Congress… pushed forrad with an unconstitutional impeachment trial." Source

Sen. Richard Shelby (AL):

"The Constitution speaks of removing a sitting president, not a individual citizen…. That is why today, I voted to acquit." Source

Sen. Tommy Tuberville (AL):

"Afterward hearing the arguments presented, I voted to not convict for a number of reasons, including the fact that I don't think the Senate has the authority to attempt a private denizen." Source

Sen. Roger Wicker (MS):

"I am convinced that impeachment was intended just every bit a ways of removing presidents and other officials from office."  Source

D. Jurisdiction-and-Procedural Objections AND No Showing of Criticism/Support of Trump: 3 senators voted to acquit, relying on jurisdiction and procedural issues (e.g., due procedure grounds). These 3 senators neither supported nor criticized old President Trump.

Sen. Mike Crapo (ID):

"This week's trial was unconstitutional. The House's impeachment proceeding blatantly violated established guarantees of due process. Furthermore, the plain text of the Constitution limits impeachment to current ceremonious officers of the United states…." Source

Reason for Acquitting: Jurisdiction, Due Process

Sen. Deb Fischer (ME):

"It remains true that Congress just does not have the constitutional authority to impeach a quondam president. And rather than have its take time [sic] to hold hearings and appraise all evidence, the Business firm had a rushed impeachment procedure that denied President Trump due process. Accordingly, I voted to acquit President Trump." Source

Reason for Acquitting: Jurisdiction,  Due Process

Sen. Todd Young (IN):

"It is improper under the present circumstances for the sometime president of the Us to be bailiwick to an impeachment trial…Business firm of Representatives conducted a rushed and incomplete process for this snap impeachment." Source

Reason for Acquitting: Jurisdiction,  Due Procedure

Due east. Unclear or Mixed Rationales AND No Showing of Criticism/Back up of Trump: Ane senator (Johnson) voted to comport and was vague in his rationale. He neither supported nor criticized erstwhile President Trump. Another Senator (Braun) included the First Amendment without specifying more on the claim. Sen. Braun's is a borderline case, in which reference to the First Amendment might be considered back up for Trump on the claim of the president's actions.

Sen. Mike Braun (IN):

"I believe information technology is unconstitutional to hold a trial to remove a former President from an office he no longer holds and experience a vote to convict would have deep negative implications for the First Amendment and due process." Source

Sen. Ron Johnson (WI):

"The Democrats' vindictive and divisive political impeachment is over. While there are still many questions that remain unanswered, I do know neither the Capitol alienation nor this trial should have e'er occurred. Hopefully, true healing can now brainstorm." Source

Supportive of Trump on the Claim (eleven senators)

F. Jurisdiction-Based Objections AND Support of Trump: 0

G. Jurisdiction-and Claim-Based Objections AND Support of Trump: seven senators voted to acquit, relying on several objections (east.g. Jurisdiction, Due Procedure, Kickoff Amendment, Trump'southward innocence). These 7 senators explicitly supported Trump.

Sen. Marsha Blackburn (TN)

"The House Impeachment Managers launched an unconstitutional show trial to humiliate the former President and his supporters. "

"The Impeachment Managers accept accomplished nothing simply to extend the pain of the American people. They achieved ane matter – Donald J. Trump's amortization." Source

Reason for Acquitting: Claim

Sen. Ted Cruz (TX):

"I was against the Senate taking jurisdiction in this trial from the start, equally the House had called to impeach without providing due process or introducing evidence… Donald Trump used heated language, but he did not urge anyone to commit acts of violence " Source

Reason for Acquitting: Jurisdiction, Due Process, Evidentiary

Sen. Lindsey Graham (SC):

"In their drive to convict old President Trump, the House Managers totally ignored boulder legal standards. No hearings in the House of Representatives. No witnesses. No testimony. And the outrageous merits the Outset Amendment does not apply to political speech . Due procedure, at even the most bones level could accept avoided this debacle ." Source

"CHRIS WALLACE: Does Donald Trump carry any responsibility for the attack on the Capitol on January 6th?

GRAHAM: No, in terms of the police force, no . He bears responsibility of pushing narratives about the ballot that I think are not sound and non true, but this was politically protected voice communication. The spoken language on January the sixth was not an incitement to violence. Every political leader has used the word fight, fight difficult, and then I don't think that he acquired the riot.

His beliefs later the ballot was over the top. There was a preplanned element to this attack, Mr. Wallace, that we demand to wait at. Did Nancy Pelosi know on January the 5th that there was a threat to the Capitol? What did President Trump do after the attack? We demand a ix/eleven commission to notice out what happened and make sure information technology never happens again and I desire to make sure that the Capitol footprint can be better defended next time.

And I thought the managers failed miserably in making the instance ." ( Trick News Sunday interview ).

Reason for Acquitting: Due Process, Showtime Amendment, Merits

Sen. Bill Hagerty (TN):

"I voted to deport President Trump because the commodity of impeachment was unconstitutional . But it was also unsubstantiated by the House managers' complete lack of investigation, fume-and-mirrors presentation , and distortion of basic First Subpoena principles. " Source

Reason for Acquitting: Jurisdiction, First Amendment

Sen. Hyde-Smith (MS):

"Outset, the impeachment of a one-time President is not role of the Constitution, which states clearly that 'impeachment shall not extend further than to remove from office.'  Donald Trump is no longer the President. Second, I believe the d efense team proved conclusively that President Trump's speech on Jan vi neither implicitly nor explicitly encouraged the use of violence or lawless action ." Source

Reason for Acquitting: Jurisdiction, Starting time Amendment

Sen. John Kennedy (LA):

"The claim of the Democrats' case were not even close. The Democrats afforded the president no due process in the House… Second, the president is no longer the president. We were asked to impeach a guy in Florida. The Democrats never proved jurisdiction . Third, the Democrats charged President Trump with inciting a riot through his voice communication, only then the Democrats introduced evidence that the riot was pre-planned. The Democrats disproved their own case. " Source

Reason for Acquitting: Jurisdiction,  Due Process, Merits

Sen. Roger Marshall (KS):

"What was the motivation of this trial? The motivation was political hatred and was simply a continuation of the four-yr impeachment fixation on the part of the Firm Managers and the Democrat Party.

Let me be clear, both sides of the aisle are guilty of heated rhetoric. Just, equally guilty are the House Managers and the Democrats for their hypocrisy, and President Trump's defence force team painted that picture clearly.
…
While I believe this entire trial was unconstitutional from the start, I hope that the failure to convict will put an stop to the Democrat's obsession " Source

No Statement Available

H. Statements of Caption of Vote Not Available: 4 senators

Sen. Tom Cotton (AR)
 Sen. Josh Hawley (MO)
Sen. Rand Paul (KY)
Sen. Tim Scott (SC)

Thanks to Elena Hodges for aid on this projection.

Photo Credit: Congress.gov via Getty Images