“It is denied that President Trump incited the crowd to engage in destructive behavior,” Trump claims. “It is denied that the phrase ‘if you don’t fight terribly, you won’t have any land’ had anything to do with the action in the Capitol.”
Trump continues to deny that his baseless allegations that the election was stolen are false. The response also denies that: Trump intended to interfere in electoral vote counting; Trump asked the Georgia Secretary of State to “find” more votes than had been cast; and Trump threatened the integrity of the democratic system or interfered with the peaceful transfer of power.
The response also alleges that the Senate does not have the jurisdiction to decide an impeachment trial, since Trump is no longer president – and claims he did not commit an accusatory crime.
Ahead of Trump’s response, the House Democrats impeachment managers presented their case to the Senate for condemning Trump. The impeachment trial must continue “to protect our democracy and national security, and to deter any future president from inciting violence,” they argue.
Trump’s responsibility in instigating the uprising is “undeniable,” the House Democrats claim in their case, adding that Trump lied to his supporters for many weeks by claiming that the election was stolen.
“On the day of the rally, President Trump had used his bully pulpit for months to insist that the Joint Session of Congress was the latest act in a massive plot to destroy America,” says the House Democrats’ case. “ As a result, and as widely reported, the crowd was armed, angry and dangerous … President Trump turned it into a frenzy, urging followers to ‘fight like hell [or] you will not get any more land. Then he pointed them right at the Capitol and declared, “ You will never take back our country with weakness. ” ‘
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. To condemn Trump, 17 Republicans would have to vote in favor. Only five voted against last week’s motion with Democrats in the Senate to declare the process unconstitutional.
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 onwards. At a historic moment, 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 presiding officer for the trial, new Senate President Pro Tempore Sen. Patrick Leahy, 80, was hospitalized briefly 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 terms of timing and against the broader backdrop of the.
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
- 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-participating (Article 1, paragraph 3 of the Constitution), which would prevent a possible presidential election of Trump in 2024. , 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 crimes.” 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 president Pro Tempore, Senator Patrick Leahy, who is expected to be able to vote in the process as a senator as well.
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 charged Trump with interfering with a home investigation into the Ukraine issue.
CNET’s Jessica Dolcourt contributed to this report.