Donald Trump’s unprecedented second impeachment trial begins on Tuesday 9 February in the Senate. He is the first US president to be impeached twice, and it is the first time an impeachment trial has been held against a former president. The trial will hear allegations that he committed “high crimes and misdemeanors” before leaving office.
What is Trump charged with?
On 13 January, the US House of Representatives voted by 232 to 197 to impeach Trump over “incitement of insurrection” after his supporters stormed the Capitol in an attempt to overturn November’s election result. 10 Republican representatives voted to impeach him, making it the most bipartisan presidential impeachment in US history.
Prosecutors place the blame for the violence squarely on the former president. Five died, hundreds were injured, members of Congress and staff were terrorized and the seat of US government building was left with “bullet marks in the walls, looted art, smeared faeces in hallways” – all in a bid to prevent the certification of Joe Biden’s election victory. “President Trump’s responsibility for the events of 6 January is unmistakable,” the prosecutors charge in an 80-page memorandum submitted last week.
They will argue that his actions in whipping up the crowd with unfounded accusations of election fraud “endangered the life of every single member of Congress” and “jeopardized the peaceful transition of power and line of succession”.
What is Donald Trump claiming in his defense?
Trump has had trouble assembling a legal team. His usual personal attorney, Rudy Giuliani, had to recuse himself because he also gave a speech at the event where the former president is accused of fomenting insurrection. Trump then appears to have fallen out with his first legal team, which was led by Butch Bowers.
Now led by lawyers David Schoen and Bruce L Castor, Trump’s team issued a thinly argued 14-page document last week that said his speech did not amount to a call to storm the Capitol and that his trial was unconstitutional anyway, because he has left office. Trump will not testify personally.
Who presides over the trial?
Trump’s first impeachment was presided over by chief justice of the supreme court, John Roberts, as set out in the constitution. However, as this trial is of a former president, 80-year-old Patrick Leahy, the longest-serving Democratic senator – who holds the title of president pro tempore – will preside. It will be prosecuted by a team of nine impeachment managers from the House, and the whole Senate was sworn in as the jury on 26 January.
How long will the trial last?
How long the trial will take is not known, but most people believe it will be much shorter than the three-week trial the last time Trump was impeached over his actions over Ukraine, when he was accused of abusing his power and obstructing Congress.
It is unclear yet whether the Senate will vote to allow the legal teams to call witnesses in person, although the trial is highly unusual in that the jury are witnesses, as senators were present in the Capitol and were forced into hiding as the mob invaded the very chamber where the trial will be held. The prosecution team are expected to include video footage and eyewitness testimony from members of Congress while building their case.
Will Trump be found guilty?
On the face of it, it seems unlikely. An impeachment trial requires a two-thirds majority for a conviction. If every senator votes, then at least 17 Republicans would need to vote against their former president to reach the required 67-vote threshold.
Already, 45 senators have supported a motion presented by Kentucky Sen Rand Paul that the process itself is unconstitutional and against holding the trial at all. It would be quite a leap for them in the space of a few weeks to go from saying the trial should not take place, to finding Trump guilty.
For many Republican senators the calculation is political. House Representatives who voted to impeach Trump, such as Republican Liz Cheney, have already faced protest and censure from their state Republican parties over their failure to back Trump, who still has strong grassroots support despite losing November’s election.
Will a second impeachment bar Trump running from office in 2024?
Not necessarily. If he was found guilty, there’s no immediate punishment, since he is no longer in office. The Senate could, with a simple majority vote, bar him from holding federal elective office in the future. With the Senate split 50-50, and the vice-president, Kamala Harris, holding the casting vote, that could pass quite simply.
There is a constitutional argument to be had that the Democrat-controlled Senate might try to do this anyway even if Trump is found not guilty, by invoking section three of the post-civil war 14th amendment to the US constitution. That forbids anyone who has “engaged in insurrection or rebellion” against the US from holding federal office, but that is likely to be the subject of a significant legal dispute should it arise.
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An earlier version of this article was amended on 13 January 2021. It had incorrectly said that not a single Republican in the Senate found Trump guilty in his first impeachment trial. In fact, one Republican senator, Mitt Romney, voted to impeach him on one charge. The article was republished on 8 February to reflect updated developments with the trial.
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