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Home / Tips and Tricks / Impeachment lawsuit: will Trump refuse to testify under oath before the Senate? Today’s update

Impeachment lawsuit: will Trump refuse to testify under oath before the Senate? Today’s update



Donald Trump

Former President Donald Trump faces his second impeachment trial in the Senate.

Mandel Ngan / Getty Images

Donald Trump was asked to testify under oath before the Senate during his second impeachment trial next week. After the former president denied “ many factual allegations ” in the impeachment article this week, Deputy Jamie Raskin, one of the impeachment process managers, sent a letter on Thursday asking Trump to give testimony and between February 8 and February 11 – but Trump’s legal team quickly labeled the request a “ public relations stunt.

Trump’s response to the impeachment article earlier this week argued that the Senate does not have the jurisdiction to decide an impeachment trial, as Trump is no longer president. The answer also “ denied that President Trump had incited the mob to destructive behavior ” and “ denied that the phrase ‘if you don’t fight terribly, you won’t get land’ had anything to do with the action. at the Capitol. “

“In light of your challenge to these factual allegations, I am writing to you to testify under oath, either before or at the Senate impeachment trial, regarding your conduct on January 6,” said Raskin. A refusal to testify will be perceived by Democrats as a “strong adverse inference” on Trump’s actions and inaction on January 6.

“There is no such thing as a negative inference in this unconstitutional proceeding,” Trump’s lawyers wrote in response, making it highly unlikely that Trump will agree to give testimony.

Trump is expected to face trial starting Feb. 9, where he faces a single impeachment article for incitement to insurgency, regarding his role in the deadly January 6 riot at the Capitol. To condemn Trump, 17 Republicans would have to vote in favor. Only five voted with Senate Democrats against last week’s motion to declare the process unconstitutional.

More than 350 Congressional executives pleaded with the Senate on Wednesday to condemn Trump, describing the traumatic events that took place in the Capitol on January 6 and saying Trump “ broke America’s 230-year legacy of the peaceful transfer of power when he incited a crowd to disrupt the vote counting in the electoral college. “

The impeachment managers of the House Democrats took their case to the Senate on Tuesday, arguing that the process must continue “to protect our democracy and national security and to keep any future president from inciting violence.” President Joe Biden joined the calls for the process to continue, saying that doing otherwise would make “a mockery of the system.”

“He’s been thrown off by the House and it has to move forward or it would look so ridiculous what this was all about,” Biden said. “I don’t know what’s likely to happen … it’s probably not likely you’ll get 17 Republicans to change their minds and condemn impeachment.”

The siege of the Capitol was intended to nullify the 2020 election results and halt the process of confirming Biden’s victory in the electoral college. Biden was confirmed after the riot and was later inaugurated on January 20. At a historic moment, 10 House Republicans broke with their party to vote for impeachment.

Due to dramatic preliminary investigations, Trump appointed a new legal team last weekend; a vote by Republican senators to have the process declared “unconstitutional”; and the trial chair, Senator Patrick Leahy, 80, who was briefly hospitalized for several hours last week after unspecified “tests.” While Leahy is ready to carry out his duties, the hospitalization, along with these other events, underscore the unusual nature of Trump’s impeachment process – both in timing and against the broader backdrop of the Covid-19 pandemic.

We will explain what we know about how the impeachment trial might go, what it takes to convict or acquit, what is at stake and where the situation is now. This story is constantly being updated with new information.

read more: The 14th Amendment is the cornerstone of Trump’s impeachment

Current schedule of Trump’s impeachment trial

The trial will proceed as follows:

  • January 25: Impeachment article was presented to the Senate
  • Jan. 26: Senators sworn in, Trump subpoena issued
  • Feb 2: Trump’s response to article on impeachment
  • February 8: Trump’s preliminary briefing follows
  • Feb 9: House’s preliminary rebuttal due; trial begins

What would happen if Trump was convicted or acquitted?

If the former president is convicted in the Senate, there will be an additional vote to prevent him from re-running (under Article 1, Section 3 of the U.S. Constitution), which would prevent a possible presidential run in 2024. simple majority, with Vice President Kamala Harris calling for a draw if necessary.

Trump could also be disqualified for the benefits given to former presidents by the Post Presidents Act, including a Secret Service security detail, pension, and annual travel allowance.

Depicted presidents also cannot be pardoned under the US Constitution.

If acquitted, Trump would have access to all the benefits of a former US president, including the option to run for public office.

What could happen during Trump’s impeachment process?

The US Constitution provides clear guidelines for impeaching a sitting president and other officials for “treason, bribery, or other serious crimes and offenses.” However, the Trump trial is an uncommon case. With his second impeachment, Trump, who has been a private person since January 20, is the first president to be impeached twice and the first to be tried after leaving office.

The Chief Justice of the Supreme Court would normally chair the impeachment process of a president. But because it is not a trial against a sitting president, it will instead be chaired by Leahy, the new senate president Pro Tempore, who is expected to be able to vote as a senator in the process.

The House will prosecute the case and the Senate will sit as a jury and ultimately vote for conviction or acquittal.

To condemn Trump, 67 senators – or two-thirds of the Senate – must vote in favor. After Biden’s inauguration, the Senate now consists of 48 Democrats, two independents who consult with Democrats and 50 Republicans, for an even 50-50 split.

Why was Trump impeached in 2019?

Trump was impeached by the House in December 2019, but the Republican majority The Senate acquitted him in early 2020.

His first charge involved articles accusing Trump of abuse of power and obstructing Congress. The problem was Trump’s dealings with Ukraine, including a phone call in July 2019 in which he appeared to be using US military aid as a bargaining chip to pressure Ukraine to break the alleged links between his political opponent Biden, Biden’s son Hunter and a Ukrainian gas company. to investigate. The articles also charged Trump with interfering with a home investigation into the Ukraine issue.




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