Trump impeachment: Senate paves way for speedy trial of ex-president
USA News
The second impeachment trial of Donald Trump begins on Tuesday as Senate leaders agreed a rapid timetable.
The former president is charged with “inciting insurrection” in a speech to supporters ahead of the deadly riot at the US Capitol on 6 January.
Democrats say they have “overwhelming” evidence of his guilt while his defence team claim rioters acted independently.
The defence call the trial “absurd and unconstitutional” and its legality of it will be a focus on Tuesday.
Mr Trump is the only US president in history to have been impeached twice and one of only three to have been impeached at all.
If convicted, he could be barred from holding office again. But a two-thirds of the 100-seat senate is required to convict — Democrats hold 50 seats and there is little sign enough Republicans will join them.
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In a pre-trial statement released on Monday, Mr Trump’s lawyers argued the trial is unconstitutional because Mr Trump has left office and is now a private citizen.
The nine “impeachment managers” — Democrats from the House of Representatives who will lay out the case for prosecution — dispute this, saying he should be accountable for actions as president.
Both sides will have four hours to tackle this constitutional question on Tuesday, with a vote expected at the end of the day on whether to proceed.
How will the trial play out?
Senate leaders agreed a framework for the trial on Monday.
“All parties have agreed to a structure that will ensure a fair and honest Senate impeachment trial of the former president,” US Senate Majority Leader Chuck Schumer said.
If Tuesday’s constitutional vote passes — and it is expected to — opening arguments will begin on Wednesday afternoon with both sides allowed up to 16 hours each for presentations.
These arguments are expected to run through until the weekend when senators will get a chance to ask both sides questions.
It is unclear if the impeachment managers will then extend the timetable by requesting witnesses be called or subpoenaed — though Mr Trump has already declined to voluntarily testify.
Lawmakers on both sides are said to favour a quick trial, amid an ongoing effort to have President Joe Biden’s coronavirus relief package approved.
With the speedy timetable, it is thought a Senate vote on whether to convict Mr Trump or not could come as early as Monday.
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What is the argument for and against impeachment?
Democrats say Mr Trump’s repeated refusal to concede last November’s presidential election to Joe Biden — as well as the fiery rhetoric he used addressing supporters — encouraged the riot on 6 January where five people died.
They have called for Mr Trump to be disqualified from ever running for office again.
“His incitement of insurrection against the United States government — which disrupted the peaceful transfer of power — is the most grievous constitutional crime ever committed by a president,” they said on Monday.
House managers are expected to use Mr Trump’s words and footage from the day to show that “the furious crowd” was “primed” for violence.
Mr Trump’s legal team argue Mr Trump was simply exercising his First Amendment rights to freedom of speech and have described the trial as “political theatre” and a “brazen political act”.
They also argued in their pre-trial brief that FBI documents had shown that the riot was planned days in advance therefore Mr Trump’s words cannot have incited it.
Former US President Donald Trump is being put on trial by lawmakers for allegedly inciting a riot at the US Capitol.
Last month Mr Trump became the first president in US history to be charged with misconduct — or impeached — twice by the lower chamber of Congress.
Republicans and Democrats in the House of Representatives voted to pass an article of impeachment that accused Mr Trump of “incitement of insurrection”.
The article alleged that Mr Trump made false allegations of election fraud and encouraged his supporters to storm Congress on 6 January.
Now a trial is being held in the upper chamber of Congress, the Senate, which will decide whether to convict or clear Mr Trump of the charge.
This is an unprecedented moment for the US, which has never put an impeached president on trial after they have left office.
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So, what can we expect?
How does the trial work?
The trial in the Senate is political, rather than criminal.
A vote will be held at the end of the trial to determine whether Mr Trump is guilty of the charge.
A two-thirds majority of the 100-member Senate must back a guilty verdict to convict Mr Trump.
If Mr Trump is convicted, senators could also vote to bar him from ever holding public office again.
What happens when?
The trial will open on Tuesday with a four-hour debate on whether the proceedings are unconstitutional because Trump is no longer president. A vote will then be held on the issue.
From Wednesday at noon, each side will be given 16 hours to make their arguments.
There will be an option to request a debate and a vote on whether witnesses should be called.
The Senate plans to pause the trial from Friday evening to Saturday evening for the Jewish Sabbath.
It is not clear how long the proceedings will last, but Democrats are seeking a speedy trial.
That’s because they are keen to turn their attention to the legislative agenda of Democratic President Joe Biden, who is seeking to urgently pass a Covid-19 relief plan.
What is the prosecution’s case?
Mr Trump is “personally responsible” for the riot and must be convicted, Democrats say.
In a pre-trial legal brief, they said his repeated refusal to concede the election led to an “incitement of insurrection against the republic he swore to protect”.
Mr Trump’s “statements turned his ‘wild’ rally on 6 January into a powder keg waiting to blow”, they argued.
They will use his words and footage from the riot to show that “the furious crowd” was “primed (and prepared) for violence if he lit a spark”.
“The evidence is clear,” they wrote. “When other attempts to overturn the presidential election failed, former President Trump incited an attack on the Capitol.”
Although he is no longer in office, Mr Trump “must answer comprehensively for his conduct in office from his first day in office through his last”, Democrats argued.
They have called for Mr Trump to be disqualified from ever running for office again.
https://www.atoallinks.com/2021/trump-impeachment-senate-paves-way-for-speedy-trial-of-ex-president/