Donald Trump

The second impeachment trial of former President Donald Trump might final every week.


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The unprecedented second impeachment trial of former President Donald Trump began as we speak within the US Senate, after either side offered their pretrial briefs on Monday. According to The Hill, the House trial managers will attempt to current a “gripping and spellbinding story of what happened on Jan. 6,” utilizing concrete particulars as an alternative of summary authorized evaluation to make their case. The Senate trial is predicted to run by the weekend and began Tuesday at 1 p.m. ET (10 a.m. PT).

Lead House impeachment supervisor Rep. Jamie Raskin started the trial with transient remarks earlier than exhibiting a video of the assault on the Capitol on Jan. 6. “You will not be hearing extended lectures from me, because our case is based on cold hard facts,” he stated. “It’s all about the facts.”

During the primary two hours of the trial, the Democratic impeachment managers offered the case {that a} president can stand trial for an impeachable offense after leaving workplace. In remarks on the Senate flooring, House impeachment supervisor Rep. David Cicilline stated, “President Trump and his lawyers may argue today that he should get a free pass on inciting an armed insurrection against the United States government and endangering Congress because as he put it, this impeachment is somehow ‘unconstitutional’.”

Raskin argued that isn’t how the structure works. “The constitution makes clear there is no January exception to the impeachment power, that a president can’t commit grave offenses in their final days and escape any congressional response.”

Trump faces a single article of impeachment that accuses him of incitement of revolt in regard to the Jan. 6 riot on the US Capitol, which left 5 individuals useless, together with a Capitol Police officer. In a speech that day in entrance of the White House, Trump urged supporters to march to the Capitol.

The siege of the Capitol constructing sought to overturn the 2020 election outcomes and halt the method of confirming Joe Biden’s win within the Electoral College. Biden was confirmed after the riot and later inaugurated on Jan. 20. In a historic second, 10 House Republicans broke with their social gathering to vote in favor of impeachment.

To convict Trump, 17 Republican senators would want to vote in favor, together with the 48 Democrats and two independents, to succeed in a two-thirds supermajority. Just 5 Republicans voted with Senate Democrats in opposition to a movement on Jan. 27 to declare the trial unconstitutional.

Biden has stated he helps the trial. Trump “was impeached by the House and it has to move forward, otherwise it would come off as farcical what this was all about,” Biden stated, including that abandoning the trial would “make a mockery of the system.”

We’ll clarify what we learn about how the impeachment trial might progress, what it takes to convict or acquit (see our chart under), what’s at stake, and the place the scenario stands now. This story continues to replace with new data.

Read extra: The 14th Amendment is the cornerstone of Trump’s impeachment

Schedule of Trump’s impeachment trial

The article of impeachment was offered to the Senate on Jan. 25, with Senators sworn in on Jan. 26. Trump’s reply to the article of impeachment was given on Feb. 2, adopted by the pretrial briefs from either side on Feb. 8.

This is how the trial will unfold (and right here is the place to watch):

  • Feb. 9, 1 p.m. ET: There will probably be 4 hours of debate equally divided between prosecutors and protection on whether or not the trial is constitutional, adopted by a vote needing a easy majority to proceed.
  • Feb. 10, 12 p.m. ET: House of Representatives will start arguing its case; prosecutors and protection could have as much as 16 hours every to current their arguments, with neither facet permitted to current for greater than eight hours per day.
  • Feb. 12, 5 p.m. ET: The trial will break by Saturday.
  • Feb. 14, 2 p.m. ET: The trial will reconvene Sunday.
  • Arguments will probably be adopted by 4 hours for senators’ questions.
  • If the House impeachment managers need to name witnesses or subpoena paperwork, there will probably be two hours of debate by either side adopted by a Senate vote on whether or not to permit this.
  • If witnesses are known as, there will probably be sufficient time given to depose them, and for every social gathering to finish discovery earlier than testimony is given.
  • Once witnesses and proof are handled, there will probably be 4 hours of closing arguments divided evenly between the prosecutors and protection.
  • Lastly will come the vote on conviction or acquittal, for which a two-thirds majority is required.

Read: Trump impeachment trial begins Feb. 9: How and when to watch

Where can I learn live protection of the impeachment trial?

To tune in to the impeachment trial, which is predicted to run by the week, right here is the place to watch live.

You can watch the video the Democrats used to begin the trial right here. You can observe together with the day’s proceedings at CNN and The New York Times.

What are the primary arguments on either side?

The Constitutional legality of the trial will come into sharp focus, with Trump’s attorneys arguing that the trial is not constitutionally allowed, and House prosecutors arguing that it’s.

Trump’s authorized crew has known as the House’s prices “outlandish,” saying the impeachment trial a “brazen political act.” Trump’s protection additionally denies the previous president’s rally speech on Jan. 6 inspired “an insurrection, a riot, felony motion or any acts of bodily violence” and that it’s absolutely protected by the First Amendment proper to free speech. Trump’s attorneys additional preserve that the previous president shouldn’t be tried since he’s not in workplace. 

In response, the House of Representatives impeachment trial managers stated Trump’s speech was “a frontal assault on the First Amendment,” and argue the intent of the Constitution is to make sure presidents stand trial for any constitutional crimes dedicated whereas beneath the oath of workplace.

“When President Trump demanded that the armed, angry crowd at his Save America Rally ‘fight like hell’ or ‘you’re not going to have a country anymore,’ he wasn’t urging them to form political action committees,” the transient alleges. “This is not a case about protected speech. The House did not impeach President Trump because he expressed an unpopular political opinion. It impeached him because he willfully incited violent insurrection against the government.”

The House prosecutors additionally allege Trump continued inciting violence all through the course of Jan. 6, resembling “issuing a tweet attacking the vice president while insurrectionists sought to assassinate him.”

Will Trump testify? Will anybody?

Raskin final week despatched a letter to Trump’s authorized crew asking that the previous president testify beneath oath and undergo cross-examination earlier than or through the trial. Trump lawyer Bruce Castor known as the request a “publicity stunt” and stated his consumer would not present testimony.

Because Trump “immediately rejected” the chance to testify in individual, the House will allege this resolution “supports a strong adverse inference regarding [his] actions and inaction on January 6,” the House pretrial transient says.

During the trial, it is anticipated that video proof will probably be used as an alternative of witness testimony, in addition to different proof from social media and pictures shared throughout the web.

What would occur if Trump is convicted or acquitted

If the former president is convicted within the Senate, there will probably be an extra vote to bar him from operating once more (per the US Constitution Article 1, Section 3), which might preclude a doable presidential run in 2024. This vote would solely require a easy majority, the place Vice President Kamala Harris serving as president of the Senate would forged a tie-breaking vote if required.

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Brett Pearce/CNET

Trump is also disqualified from the advantages given to former presidents by the Post Presidents Act, together with a Secret Service safety element, pension and yearly journey allowance.

According to the US Constitution, impeached presidents additionally cannot be pardoned.

If acquitted, Trump would have entry to all the advantages of a former US president, together with the choice to run for public workplace.

More background: Trump’s second Senate impeachment trial: Here’s what might occur

What might occur throughout Trump’s impeachment trial?

The US Constitution lays out clear pointers for impeaching a sitting president and different officers for “treason, bribery or other high crimes and misdemeanors.” Trump’s trial is an uncommon case, nevertheless. With his second impeachment, Trump, who as of Jan. 20 is a non-public citizen, is the primary president to be impeached twice and the primary to be tried after leaving workplace.

The Supreme Court Chief Justice would usually preside over the impeachment trial of a president. But as a result of it is not a trial of a sitting president, it’s going to as an alternative be presided over by Sen. Patrick Leahy, the new Senate President Pro Tempore, who as a senator is additionally nonetheless anticipated to have the ability to vote within the trial, too.

The House will prosecute the case, and the Senate will sit as jury and in the end vote to convict or acquit. 

To convict Trump, 67 senators — or two-thirds of the Senate — should vote in favor. Following Biden’s inauguration, the Senate is now made up of 48 Democrats, two independents who caucus with Democrats and 50 Republicans, for an excellent 50-50 break up.

Why was Trump impeached in 2019?

Trump was impeached in December 2019 by the House, however the Republican-majority Senate acquitted him firstly of 2020
.

His first impeachment concerned articles accusing Trump of abusing energy and obstructing Congress. The subject was Trump’s dealings with Ukraine, together with a July 2019 telephone name wherein he gave the impression to be utilizing US army support as a bargaining chip to stress Ukraine into investigating alleged ties between his political opponent Biden, Biden’s son Hunter and a Ukrainian fuel firm. The articles additionally charged Trump with interfering with a House inquiry into the Ukraine matter.

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