By Sunday, Trump had appointed a new defense team that appears to be focusing on the constitutionality of the case.
“The strength of our constitution is being tested like never before in our history,” new team leader Bruce L. Castor Jr, former Montgomery County PA district attorney, said in a statement Sunday. ‘It’s strong and resilient. A document that has been written for centuries, and it will again and always triumph over partiality. ‘
The new attorney’s comments follow 45 Republican senators, led by Senator Rand Paul of Kentucky, who declared the trial of a former president “unconstitutional” last week. The timing of the Senate trial – which will take place after Trump resigns – is a historic first. He is also the first president to be impeached twice.
Although the motion failed and the process will continue, only five Republicans voted against the motion. At the heart of the argument is Trump’s current status as a private person, not a sitting president.
But there is nothing “unconstitutional” about accusing a former official, said Senate leader Chuck Schumer, said Senate majority leader, as reported by CNN and other media. “It has been completely debunked by constitutional scientists from across the political spectrum.” The House of Representativeswhile he was still in office.
Democrats are also pushing for a prompt trial on charges – and are reportedly even considering a bipartisan, from Trump instead of a trial – because they are trying to continue the Senate affairs to get a with for Americans.
Democrat Senator Richard Blumenthal of Connecticut told CNN the process should be “relatively quick, a matter of days, not weeks.”, which ended with the former president’s acquittal, lasted nearly three weeks in the Senate. Others reportedly pointed out that the single article of impeachment and the events leading up to the uprising will be easier to weather than the previous trial.
To condemn Trump, 17 Republicans would have to vote in favor, leading Paul to call the trial “dead on arrival” – especially after Senate Leader Mitch McConnell, who previously said he believed Trump had committed “untouchable crimes”, voted with Paul.
However, Republican Senator John Thune, who also voted with the GOP bloc, said he doesn’t think the vote against the impeachment will “bind anyone once the trial begins.” McConnell still hasn’t explained his vote, but told reporters he plans to be open during the trial. “The trial has not started yet,” McConnell said last week. “I intend to participate and listen to the evidence.”
In other dramatic pre-trial events, the trial’s presiding officer, new Senate Pro Tempore Senator Patrick Leahy, 80, was briefly hospitalized for several hours on Tuesday after unspecified “ tests. ” While Leahy is ready to carry out his duties, the hospitalization, along with Paul’s unexpected motion (lost by 55-45 votes), underscore the unusual nature of Trump’s impeachment process – both in timing and against the broader background of the.
Trump is expected to face trial starting February 9, where he faces a single impeachment article for incitement to insurgency, regarding his role in the.
The siege of the Capitol was intended to overturn the 2020 election results and halt the process of confirming President Joe Biden’s victory in the Electoral College. Biden was confirmed after the riot and was later on. In a historic moment, to vote for impeachment.
We will explain what we know about how the impeachment process might go, what it takes to convict or acquit, what is at stake and where the situation is now. This story has been updated with new information.
Diagram of Trump’s impeachment process
The trial will proceed as follows:
- January 25: Article of impeachment was presented to the Senate
- Jan. 26: Senators sworn in, Trump subpoena issued
- Feb 2: Trump’s response to article on impeachment
- Feb 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-entering (Article 1, paragraph 3 of the Constitution), preventing a possible presidential election of Trump in 2024. Only a simple majority is required for this vote. , where Vice President Kamala Harris would draw a tie 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 Happens During Trump’s Impeachment Trial?
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 since it is not a trial against a sitting president, it will instead be chaired by new Senate Pro Tempore president, Senator Patrick Leahy, who is expected to also be able to vote in the process as a senator.
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 before?
Trump was impeached by the House in December 2019. The Republican Majority.
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 accused Trump of interfering with a home investigation into the Ukraine issue.
CNET’s Jessica Dolcourt contributed to this report.