“If you feel that you have no authority, then you can’t go on and say ‘well we have no authority but I guess I’ll go ahead and convict anyway,’ ” Hawley said. “I’d be surprised if many or any of those people change their minds on the underlying question of whether or not to oppose a penalty or not.” Assuming every Democrat votes to find Trump “guilty,” they would still need 17 Republican senators to side with them in order to convict Trump, in what would amount to a historic first. On Tuesday, they got six to say the trial was constitutional.