Theof former President Donald Trump in the Senate was always going to be a historic moment. It represents the first time a president has been called to stand trial twice, and the first time a president will have left office between being and their Senate trial.
The trial will also take a different format than usual, being presided over by a voting member of the Senate (who is also a witness), and is expected to last a week at most. Another aspect of the trial is that Trump is being represented in the court of impeachment by his lawyers, but is himself nearly a thousand miles away.
Trump faces a single article of impeachment that accuses him of incitement of insurrection in regard to the , which left five people dead, including a Capitol Police officer. In a speech that day in front of the White House, Trump urged supporters to march to the Capitol. The siege of the Capitol building sought to overturn the 2020 election results and halt the process of confirming Joe Biden’s win in the Electoral College. Biden was confirmed after the riot and . In a historic moment, to vote in favor of impeachment.
We’ll walk you through everything you need to know, starting with the biggest takeaways from Day 1 of the trial, and what to expect going into Day 2. We’ll continue to update this story with new information.
Graphic video on Day 1 may just be the beginning
On Day 1, lead House impeachment manager Rep. Jamie Raskin’s emotional presentation began with a disturbing , using footage captured around and inside the Capitol building on Jan. 6. The graphic riot video included attacks on police and the fatal shooting of Ashli Babbitt. Raskin in his opening remarks spoke of his son Tommy’s death days before the attack, which he described as “the saddest day of our lives,” and spoke on the emotional effects the Capitol attack had on his family, who were with him during the riot.
It’s expected that Raskin and Democratic prosecutors will rely on bothof the riot and other events. The prosecution is expected to use video evidence in conjunction with emotional arguments to paint a picture of Trump’s speeches and actions culminating in the riot, framing both as an assault on democracy.
Trump lawyers’ defense rests on two things
On Day 1, Trump’s legal team took the stand, relying on a more dispassionate analysis of the Constitution to suggest that the impeachment trial is without merit. The defense is widely expected to counter the prosecution’s emotional arguments with the opposite approach.
“Presidents are impeachable. Presidents are removable. Former presidents are not because they can’t 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 a private citizen or used-to-be president.”
Raskin countered: “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.”
In addition to arguing that the trial is unconstitutional, Trump’s lawyers are also expected to argue that Trump exercised his right to free speech, and that the Capitol Hill rioters acted on their own.
Where is Trump during his trial? Will he testify?
Trump on the first day of his trial was in Florida, at his private club Mar-a-Lago, nearly 1,000 miles from Capitol Hill.
The New York Times reported Trump was “furious” with how his lawyers handled the first day, describing the former president as being “frustrated and irate” with attorneys’ often “rambling” performance. Despite his reported frustration with his defense, Trump is not expected to appear at his trial.
Raskin last week sent a letter to Trump’s legal team asking that the former president testify under oath and submit to cross-examination before or during the trial. Trump lawyer Bruce Castor called the request a “publicity stunt” and said his client wouldn’t provide testimony.
Because Trump “immediately rejected” the opportunity to testify in person, the House will allege this decision “supports a strong adverse inference regarding [his] actions and inaction on January 6,” the House pretrial brief says.
6th Republican Senator joins Democrats in test vote
Following the arguments from the two sides, the Senate voted on whether it is constitutional to try a former president. A total of 56 senators voted in favor and 44 against — meaning six Republican senators voted to continue the trial along with the 48 Democrats and two independents.
“It was disorganized, random,” said Sen. Bill Cassidy, a Republican from Louisiana, following the proceedings. “[Trump’s lawyers] talked about many things but didn’t talk about the issue at hand … Is it constitutional to impeach a president who’s left office? And the House managers made a compelling, cogent case and the president’s team did not.”
To convict Trump, 17 Republican senators would need to vote in favor, along with the 48 Democrats and two independents, to reach a two-thirds supermajority.
A previous motion on Jan. 27 to declare the trial unconstitutional saw just five Republicans vote with Senate Democrats. On Monday, Republican Sens. Mitt Romney, Ben Sasse, Susan Collins, Lisa Murkowski and Pat Toomey were this time joined by Cassidy in voting in favor.
The senator presiding over Trump’s impeachment trial is a juror, too
The US Constitution lays out clear guidelines for impeaching a sitting president: The Supreme Court Chief Justice should preside. Trump’s trial is an unusual case, however, since he is now a private citizen as of Jan. 20.
Sen. Patrick Leahy, the new Senate President Pro Tempore, is presiding. As a senator he is also still expected to be able to vote in the trial, too. He is also a witness of the Capitol riot. The House is prosecuting the case, and the Senate sits as jury and will ultimately vote to convict or acquit.
To convict Trump, 67 senators — or two-thirds of the Senate — must 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 even 50-50 split.
The trial is already off to a brisk start
Promising no “extending lectures,” Raskin and the other House managers intend to run a quick trial “based on cold, hard facts.”
This is how the trial will unfold (and here is ):
- Feb. 10, 12 p.m. ET: House of Representatives trial managers will begin arguing their case; prosecutors and defense will have up to 16 hours each to present their arguments, with neither side permitted to present for more than eight hours per day.
- Feb. 12, 5 p.m. ET: The trial will break through Saturday.
- Feb. 14, 2 p.m. ET: The trial will reconvene Sunday.
- Arguments will be followed by four hours for senators’ questions.
- If the House impeachment managers want to call witnesses or subpoena documents, there will be two hours of debate by each side followed by a Senate vote on whether to allow this.
- If witnesses are called, there will be enough time given to depose them, and for each party to complete discovery before testimony is given.
- Once witnesses and evidence are dealt with, there will be four hours of closing arguments divided evenly between the prosecutors and defense.
- Lastly will come the vote on conviction or acquittal, for which a two-thirds majority is required.
Here’s happens if the Senate either convicts or acquits Trump
If the bar him from running again (per the US Constitution Article 1, Section 3), which would preclude a possible presidential run in 2024. This vote would only require a simple majority, where Vice President Kamala Harris serving as president of the Senate would cast a tie-breaking vote if required.in the Senate, there will be an additional vote to
Trump could also be disqualified from the benefits given to former presidents by the Post Presidents Act, including a Secret Service security detail, pension and yearly travel allowance.
According to the US Constitution, impeached presidents also can’t be pardoned.
If acquitted, Trump would have access to all the benefits of a former US president, including the option to run for public office.
More details on Trump’s impeachment in 2019
Trump was impeached in December 2019 by the House, but the Republican-majority Senate acquitted him at the beginning of 2020.
His first impeachment involved articles accusing Trump of abusing power and obstructing Congress. The issue was Trump’s dealings with Ukraine, including a July 2019 phone call in which he appeared to be using US military aid as a bargaining chip to pressure Ukraine into investigating alleged ties between his political opponent Biden, Biden’s son Hunter and a Ukrainian gas company. The articles also charged Trump with interfering with a House inquiry into the Ukraine matter.