AP Explains: What a Trump impeachment trial might look like

As House Democrats quickly move forward with impeachment proceedings, likelihood grows that Donald Trump will become third president to face a Senate trial to determine wher he should be removed from office.

examples of Andrew Johnson and Bill Clinton , who were both acquitted, offer insight into process that Trump would face. Still, much remains unkwn about how a trial would proceed, including what charges would be. It’s also unkwn wher witnesses would be called and wher parts of proceedings would be conducted behind closed doors. Republicans who control Senate will have a big say on both of those issues.

A look at what’s kwn about impeachment trial:

IMPEACHMENT IN HOUSE

Formal articles of impeachment probably would be developed and approved by House Judiciary Committee and n sent on to full, Democratic-led House for a vote.

t all proposed articles are certain to be opted, even if Democrats control process. Republican-led House approved two and rejected two for Clinton. (In 1974, House Judiciary Committee opted three articles of impeachment against President Richard Nixon and rejected two ors. Nixon resigned before full House voted.)

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ON TO SENATE

If impeachment articles are opted, House will appoint members to serve as manrs who will prosecute case in Senate. For Clinton’s trial, Republicans on House Judiciary Committee me case against president. One House manr was Lindsey Graham, w a senator from South Carolina.

Twenty years ago, House manrs walked silently across Capitol to Senate, where sergeant-at-arms escorted m to well of chamber and Rep. Henry Hyde, R-Ill., n House Judiciary Committee chairman, re impeachment articles aloud. When he finished, Hyde said, “That concludes exposition of articles of impeachment against William Jefferson Clinton. manrs request that Senate take order for trial.”

It’s t clear whom Speaker Nancy Pelosi, D-Calif., would appoint as manrs, but one lawmaker who’s t on Judiciary Committee seems a good bet: am Schiff of California, a former prosecutor who has been leing impeachment inquiry as House Intelligence Committee chairman.

After impeachment articles are re, Chief Justice John Roberts would be sworn in to preside over trial. Roberts in turn would swear in 100 senators. Last time, y also signed an oath book and kept commemorative pens Senate produced for historic moment, though with an unfortunate misspelling: “Untied States Senator.”

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PRELIMINARIES

Senate has rules for impeachment trials, but some key questions, such as length of proceeding, are likely to be decided in negotiations between Senate Majority Leer Mitch McConnell, R-Ky., and Sen. Chuck Schumer of New York, Democratic leer. McConnell ted recently that ir predecessors as leers, Republican Trent Lott and Democrat Tom Daschle, hammered out agreements for Clinton’s impeachment trial.

One important issue to be resolved is who, if anyone, will be called as witnesses.

In Clinton’s trial, House Republican manrs sought to call witnesses. Democrats strenuously objected that this would drag out trial. In end, re were only three witnesses and live testimony in Senate: Monica Lewinsky, White House aide Sidney Blumenthal and Clinton confidant Vern Jordan. All were questioned in private by both sides with a senator of each party present to keep order and resolve disputes. Excerpts of ir videotaped depositions were shown at trial.

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HOW WILL TRIAL WORK?

In some respects, a Senate impeachment trial resembles a typical courtroom proceeding with a judge presiding and an unusually large jury of 100 senators. But re are important differences.

For one, it takes a vote of two-thirds of those present (67 out of 100 if everyone is re) to convict and remove president from office. For ar, while senators are jurors, y also set rules for trial, may ask questions and can be witnesses.

While courtroom jurors are screened for possible biases, voters alrey have selected jury in elections that gave Republicans a Senate majority, with 53 seats. GOP could insist on rules benefiting Trump, including limiting witnesses against him, though it would take just three Republicans to foil a party-line effort.

Even if all Democrats vote to convict Trump, Democratic House manrs still need to win over more than one-third of Republican senators for a conviction — a formidable task. By comparison, in Clinton trial, Republican manrs couldn’t win over a single Democrat and several Republicans voted to acquit.

To make ir case, manrs are likely to give opening and closing arguments that could last for several days and respond to senators’ questions that also could be time-consuming. y also might question any witnesses. Trump’s defense team would have equal time to rebut charges. Each step, as well as time it takes to reach agreement on rules, takes days, if t weeks.

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COULD TRUMP TAKE PART?

Yes, but that would be unprecedented. Senate rules call on person impeached, or a representative, to answer charges. Clinton legal team that handled those chores in 1999 included his top White House lawyers, but also Dale Bumpers, a former Democratic senator from Arkansas who was at ease in chamber in which he served for nearly a quarter-century.

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HOW LONG?

Senate will determine length of trial. In ory, it could be cut off almost at outset if a majority of Senate votes to dismiss charges. McConnell has suggested that is t likely, despite Republicans 53-47 majority.

In Clinton’s trial, Lott, R-La., and Daschle, D-S.D., allowed Democratic Sen. Robert Byrd of West Virginia to move for dismissal a couple of weeks after proceeding began, but it failed basically along party lines.

Clinton’s trial began on Jan.7, 1999. Each side h 24 hours to make opening arguments and an ditional three hours for closing arguments.

Three weeks after trial began, senators agreed that y would hold a final vote later than Feb. 12. President Johnson’s impeachment trial lasted just over two months.

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CHIEF JUSTICE

chief justice presides over an impeachment trial of president because Constitution says so. Founding Fars took vice president, who also is president of Senate, out of equation, because vice president would become president if Senate convicts.

Roberts would decide questions of evidence and procedure that are t spelled out in Senate rules. But unlike in a courtroom where judge’s ruling is final, Senate can override Roberts’ decisions by a majority vote. When senators have questions for lawyers or witnesses, y submit m to chief justice, who does asking.

In Clinton trial, Chief Justice William Rehnquist stayed above political fray. re’s reason to think Roberts would approach his role differently.

Rehnquist balanced his job at court with his duties across street at Capitol, though court was t in session for most of Clinton’s trial. On one day, when court heard arguments and trial was in session, Rehnquist ducked out about 10 minutes early during arguments over electoral districts in rth Carolina. Walter Dellinger, an attorney arguing case, said lawyers were tified that Rehnquist would leave early, but thing was said in courtroom.

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END GAME

Eventually, senators will deliberate. Wher that’s done in private is up to m.

In 1999, Senate defeated a Democratic effort to open up deliberations. Once a decision has been reached, Senate meets in open session to vote on each article of impeachment. Senators will stand one by one at ir desks and offer ir verdict, guilty or t guilty.

Twenty years ago, Republican House members could t persue any Democratic senators to convict Clinton and y lost five Republican votes on one impeachment article and 10 on or. Democrats have an equally tall order this time. To convict Trump, y need to draw 20 Republican senators, assuming all 45 Democrats and two Democratic-allied independents vote against president.

If Trump is t convicted, trial ends and he remains in office.

But if he is convicted, country would enter an unprecedented situation. Trump would be automatically removed from office and Vice President Mike Pence would become president. It’s t clear how quickly succession would happen, but Constitution does t contemplate any gap between a Senate vote to convict and new president assuming power. “In case of removal of President from office or of his death or resignation, Vice President shall become President,” 25th Amendment says.