The historic second impeachment trial against Donald Trump is scheduled to begin February 9 in the U.S. Senate, but don̵
Trump attorney Bruce Castor called the request a “publicity stunt to make up for the weakness of the House managers’ case” and said his client would not give testimony. Raskin replied that “any official accused of inciting armed violence against the United States government should welcome the opportunity to testify openly and honestly – that is, if the official had a defense.”
Trump is facing a single article of impeachment accusing him of instigating insurrection over the January 6 riot in the U.S. Capitol that killed five people, including a Capitol Police officer. In a speech that day before the White House, Trump urged his supporters to march to the Capitol as Congress prepared to certify Joe’s Biden’s election victory.
Trump’s legal team has denied “inciting the crowd to destructive behavior” and said a statement Trump made during his speech: “If you don’t fight terribly, you have no country” – had nothing to do with the storming of the Capitol.
To condemn Trump, 17 Republicans would have to vote in favor, along with 48 Democrats and 2 independents, to reach a two-thirds majority. Only five Republicans voted with Senate Democrats on Jan. 27 against a motion declaring the process unconstitutional. (Trump’s legal team has argued that the Senate does not have the jurisdiction to decide an impeachment lawsuit because Trump is no longer president. Others have said this is not the case.)
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 prompted a crowd to count the votes of the electoral college. “
The House Democrats’ impeachment managers brought their case to the Senate on Tuesday, arguing that the process must continue to protect democracy and deter future presidents from provoking violence.
President Biden has said he supports the trial. Trump “was impeached by the House and it has to move forward or it would look so ridiculous what this was all about,” Biden said on People TV, adding that leaving the trial would “make a mockery of the system.”
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 later inaugurated on January 20. At a historic moment, 10 House Republicans broke with their party to vote for impeachment.
In the troubled time before the trial, Trump appointed a new legal team; Republican Senators Vote to Declare Process Unconstitutional; and the presiding officer of the trial, 80-year-old Senator Patrick Leahy, enters the hospital for several hours after unspecified tests.
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 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: Article of impeachment was presented to the Senate
- Jan 26: Senators sworn in, Trump subpoena issued
- Feb 2: Trump’s response to impeachment article is given
- 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. This vote would only be a simple majority, with Vice President Kamala Harris, who was serving as Senate President, casting 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 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 in 2019?
Trump was impeached by the House in December 2019, but 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.