Trump's impeachment trial: What we know so far and what's next?

Donald Trump is the only US President in the nation’s history to face a second impeachment trial in the Senate. While last year he was impeached by the House over a call with his then Ukrainian counterpart, this time Trump is charged with ‘inciting insurrection’ following the shocking US Capitol attack by his supporters. Donald Trump’s second impeachment trial began in the Senate on Tuesday. Even though this is the first time that an impeachment trial is being held for a former President, it will hear the allegations of “high crimes and misdemeanours” before leaving the office on January 20. 

What charges is Donald Trump facing?

The former Republican President was impeached by the House of Representatives by 232-197 vote on January 13 over ‘Incitement of insurrection’. This was in the aftermath of his supporters storming inside the US Capitol on January 6 and engulfing the nation’s capital in chaos. The dramatic clips of pro-Trump protesters chanting inside the halls of the building, breaking windows, stealing federal property, sent shock waves across the globe. 

Trump’s supporters stormed the building in an attempt to halt the Congress convened to certify the November election victory of US President Joe Biden. During the vote in the House, at least 10 Republicans also joined the Democrats in impeaching Trump. The US Capitol attack resulted in the death of at least five people including one police officer while several others were injured. In the 80-page memorandum submitted by Trump prosecutors, they have reportedly stated that “President Trump’s responsibility for the events of 6 January is unmistakable.”

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What’s happening in the trial?

While the trial has begun with Senators now acting as jurors, Democrats opened their case on February 10 by unveiling disturbing and chilling videos showing the clearer idea about the turn of events that triggered violence last month. The prosecutors will now argue that Trump’s actions in instigating the crowd with baseless accusations of ‘voter fraud’ ultimately “endangered the life of every single member of Congress” and “jeopardized the peaceful transition of power and line of succession”.

What’s Trump’s defence?

Trump reportedly assembled his legal team just 10 days before the Senate voted on whether it should proceed with the trial or not. He also appeared to have fallen out with his first legal team which was led by Butch Bowers. Now, former US President is being defended by lawyers David Schoen and Bruce L Castor. The duo, that US media outlets state lack in experience, claimed that his speech did not amount to call a storm the Capitol. Trump’s impeachment lawyers have not only dismissed the trial as ‘unconstitutional’ but also said that the former US President was exercising his first amendment rights. 

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Will Trump testify?

Former US President Donald Trump’s legal team has said that he “will not testify” voluntarily under the oath at his impeachment trial in the Senate. Just after hours after Democrat Jamie Raskin, who is the lead House impeachment manager wrote to Trump asking for him to testify under oath, Trump’s adviser Jason Miller said that the 45th US President will refuse to do the same. The request from House impeachment managers does not require Trump to appear, however, the Senate can still later force a subpoena while warning that any refusal to testify could be used at trial to support the conviction.

What’s next?

While the trial has begun, it is still not known how long it will last and what will finally the Senate decide. Trump’s first impeachment trial, which was brief and the Republican-majority leader acquitted him, was presided over by chief justice of the supreme court, John Roberts, as stated in the US constitution. However, in the second trial, of now the former US President, the longest-serving Democratic senator, 80-year-old Patrick Leahy who also holds the title of president pro tempore is presiding.

The trial is being prosecuted by a team of nine impeachment managers appointed by House Speaker Nancy Pelosi and the whole Senate was sworn in as the jury on January 26. However, US media outlets have also stated that it is unlikely that Trump will be convicted even this time. If every senator votes, then at least 17 Republicans would need to go against Trump to reach the required majority of two-thirds. Even at the beginning of the trial, 44 Republican senators sided with former US President and termed the ongoing trial ‘unconstitutional’.

If convicted, the Senate can not punish Trump immediately because he has already left the office. However, with a simple majority vote, the Senate could bar him from holding a federal office ever again in the future. If the Senate vote ties with 50-50, US Vice President Kamala Harris holds the casting vote.

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