A month after rioters broke into the Senate Hall in an unprecedented onslaught on Capitol Hill, today (Tuesday) began the second eviction trial of former President Donald Trump, accused of incitement that led to a break-in that resulted in five casualties. If there is no shocking surprise, the trial will end this time too with Trump’s acquittal.
The Senate approved by a majority of 44-56 the legality of the former president’s removal process in the Senate, thus giving the signal for the continuation of the trial.
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Democratic House member Jamie Raskin presented videos of the riot and Trump’s remarks when he asked, “If this does not lead to dismissal, what does?” He added that if senators did not impress Trump, the next presidents would create an “exceptional January” that would allow them to break the law with impunity in the last month of their tenure: “We run the risk that January 6 will become our future.”
Senate Majority Leader Chuck Schumer called the accusation against Trump: “The most serious charges ever brought against the President of the United States in American history.”
Last month, Trump became the first president in history to be ousted twice by the House of Representatives, with 232 deputies, including ten Republicans, voting in favor of dismissing an incitement to violence over the January 6 storm of Capitol Hill against 197 Republican deputies.
Although Trump has ended his term, Democrats have made it clear that they are determined to continue the proceedings with the Senate impeachment lawsuit, and President Joe Biden has also made it clear that there is no escape from the procedure. A preliminary hearing on the legality of the trial is scheduled for today with a vote that will allow it to begin, and starting tomorrow the plaintiffs and the defense team will present their arguments.
To convict Trump, and also prevent him from running for president in 2024, would require a two-thirds majority in the Senate. But apart from the 50 Democratic senators, it is estimated that less than ten Republicans will support the conviction and therefore Trump will be acquitted.
It is still unclear how long the trial will last, but both parties have not hidden their desire for it to be shorter than last year’s three-week dismissal trial. Democrats want to quickly return to approving the Biden administration’s appointments and passing the government assistance program in the face of the corona plague, while Republicans want to put the affair behind them and not focus on the party’s internal disputes over the former president’s performance.
House prosecutors are expected to accuse Trump of his allegations of election fraud, and especially his heated speech at a rally of his supporters on January 6, of inciting the rioters to storm Capitol Hill in the midst of the election process. Prosecutors have not yet announced whether they will summon witnesses, although they have expressed a desire to question Trump himself, but they are expected to show videos and excerpts from social media to bolster their arguments about the former president’s responsibility for the riots.
On the other hand, Trump’s lawyers, David Shuan and Bruce Castor, are likely to argue that there is no constitutional basis for the trial since Trump is no longer president, but the prosecution noted that he was fired while still in office and therefore has continuity. The defense will also reject Trump’s claim of responsibility for the events and claim that law enforcement agencies knew in advance of the intention of some supporters to reach Capitol Hill, and in addition, they would argue that the president’s remarks were part of the first amendment to the constitution that preserves freedom of expression.