Rubio doubles down on criticism of Trump impeachment trial: 'It's not even constitutional'

'You cannot remove Donald Trump from office, he's not in office,' Florida Republican tells 'Your World'

Sen. Marco Rubio, R-Fla., doubled down Tuesday on statements he made over the weekend calling next month's impeachment trial of former President Trump "stupid".

"It's not even constitutional," Rubio told "Your World" host Neil Cavuto. "Logic tells you that."

"The automatic consequence of impeachment and trial, if you're convicted, the automatic consequence of it is you're removed from office," Rubio added. "That's the automatic consequence of this process.

"How can you put someone through a process where the automatic consequence is impossible?" Rubio asked. "You cannot remove Donald Trump from office [because] he's not in office."

TRUMP IMPEACHMENT TRIAL 'STUPID,' 'BAD FOR THE COUTRY': RUBIO

Cavuto suggested that Trump expressed approval of the riot when he tweeted on the evening of Jan. 6 that "[t]hese are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long."

Later in the interview, Cavuto asked Rubio if Trump was still in office, "Do you think his language was incendiary enough" to warrant impeachment and removal.

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Rubio responded by saying the riot "was a foreseeable consequence" not only of what Trump said, but everything leading up to Jan. 6. In this case, Rubio said, it is up to the Justice Department, not Congress to determine whether Trump committed wrongdoing while he was president.

Despite this, Rubio added, Democrats will put the nation through impeachment because "this is what their base is demanding." 

"This is a country that's already deeply divided," he said. "Politics has become very emotional. People literally hate each other in this country over politics. And now on top of that fire, we're going to pour all of this gasoline and really get it going hotter ... It’s all about the left’s demand for revenge."