The unprecedentedopened in the Senate on Monday, giving both sides two hours to present their first arguments about whether the trial of a former president is constitutional.
Trump is facing a single article of impeachment accusing him of instigating insurgency over the, killing five people, including a Capitol Police officer. In a speech that day before the White House, Trump called on supporters to march to the Capitol. The siege of the Capitol was intended to nullify the 2020 election results and halt the process of confirming Joe Biden’s victory in the Electoral College. Biden was confirmed after the riot . At a historic moment, to vote for impeachment.
To condemn Trump, 17 Republican senators would have to vote in favor, along with 48 Democrats and two independents, to reach a two-thirds majority.
The trial has been delayed until 12 p.m. ET (9 p.m. PT) today, and is expected to last all weekend.
We will explain what we know about how the impeachment process might go, what it takes to convict or acquit (see table below), what is at stake and where the situation is now. This story is constantly updated with new information.
What happened on Day 1 of the Senate impeachment trial?
On Monday, Lead House’s impeachment manager, Rep. Jamie Raskin, began the trial against Trump with a promise to file a compelling case against Trump. “You won’t hear extensive lectures from me because our case is based on cold, hard facts,” Raskin said. “It’s all about the facts.”
Raskin’s emotional presentation began withon Jan. 6.
During the second half of the day, Trump’s legal team took the stand, relying on a more dispassionate analysis of the constitution. Presidents are impeached. Presidents are detachable. Former presidents are not because they cannot be removed, Trump attorney David Shoen said. “The constitution is clear. Trial by the Senate is reserved for the president of the United States, not an individual or a former president.”
Raskin argued that this is not how the constitution works. “The constitution makes it clear that there will be no exception to impeachment forces in January, that a president cannot commit serious crimes in his last days and escape any reaction from Congress,” Raskin said. “Given the drafters’ intense focus on the threat of elections and the peaceful transfer of power, it is inconceivable that they have framed impeachment as a dead letter in the president’s last days.”
Following the two sides’ arguments, the Senate voted on whether it is constitutional to try a former president. In total, 56 senators voted for and 44 against, meaning six Republican senators voted to continue the process. In a previous motion on Jan. 27 to declare the process unconstitutional, only five Republicans voted with the Democrats in the Senate. Republican sens. Mitt Romney, Ben Sasse, Susan Collins, Lisa Murkowski and Pat Toomey were joined this time by Senator Ben Cassidy.
Diagram of Trump’s impeachment process
This is how the process will unfold (and here is):
- Feb. 10, noon ET: House of Representatives process managers will plead their case; prosecutors and defenders each have up to 16 hours to present their arguments, with neither party allowed to be present for more than eight hours a day.
- Feb. 12, 5 p.m. ET: The lawsuit will drop on Saturday.
- Feb. 14, 2 p.m. ET: The trial will take place again on Sunday.
- The arguments are followed by four hours for questions from senators.
- If the House impeachment managers want to summon witnesses or subpoenas documents, there will be a two-hour debate by both sides, followed by a Senate vote on whether or not to allow this.
- If witnesses are called, there will be sufficient time to drop them and for each party to complete the discovery before giving any testimony.
- Once witnesses and evidence have been dealt with, there will be four hours of closing arguments split equally between the prosecutors and the defense.
- Finally comes the vote on conviction or acquittal, which requires a two-thirds majority.
Where can I get live coverage of the impeachment trial?
To tune in to the impeachment trial, which is expected to last all week, here’s what follows.
You can watch the video the Democrats used to start the process here. You can follow the course of the day on CNN and The New York Times.
Will Trump testify? Will anyone?
Raskin sent a letter to Trump’s legal team last week asking that the former president testify under oath and cross-examine before or at trial. Trump attorney Bruce Castor called the request a “publicity stunt” and said his client would not give testimony.
Because Trump “immediately rejected” the opportunity to give personal testimony, the House will argue that this decision “supports a strong negative inference regarding [his] actions and inactivity on January 6, ‘says House’s preliminary proceedings.
This is expected during the processwill be used in lieu of witness statements, as well as other evidence from social media and images shared over the internet.
What would happen if Trump was convicted or acquitted?
If itin the Senate, there will be an additional vote to prevent him from re-running (under Article 1, Section 3 of the US Constitution), which would rule out a possible presidential run in 2024. Only a simple majority is required for this vote, while Kamala Harris, who served as Senate President, would bring 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.
Who is chairing the Trump 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 became a private citizen since January 20, is the first president to be impeached twice and the first to be tried after taking 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 is instead chaired by Senator Patrick Leahy, the new Senate President Pro Tempore, who is expected to be able to vote as a senator in the process as well.
The House continues the case, and the Senate sits on the jury, ultimately voting 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 ties between his political opponent Biden, Biden’s son Hunter and a Ukrainian gas company. to research. The articles also charged Trump with interfering with a home investigation into the Ukraine issue.