SHORT ANSWER
Two cases of impeachment have never been addressed by a president. Here’s what you need to know about Trump’s second.
The second historic trial of Vice President Donald Trump will take place Tuesday when the U.S. Senate hears arguments that he is guilty of inciting the U.S. Capitol riots last month.
There has never been a president twice in U.S. history. Also, a president has never been convicted in a Senate impeachment lawsuit, and the outcome of this trial is not expected to be different.
Having said that, house impeachment managers, who are prosecutors in court, will try to persuade elders, serving as the jury, that Trump’s actions and language were a “terrorist incitement”, a “high crime” in the their appreciation as laid down in the US Constitution.
Trump’s legal team, serving as the defense, will make two main arguments in response: the vice president’s lawsuit is non-legislative and, also, Trump’s pre-riot speech was not motivating and was a free speech. protected by the foundation.
How long does the trial last?
It is expected to last about a week. Tuesday will feature a debate and vote on whether the lawsuit itself is constitutional. Wednesday and Thursday will be the days of House impeachment managers for up to 16 hours of arguments. Trump’s defense team is expected to make their arguments over up to 16 hours Friday and Saturday. And next week, seniors may have questions, and then vote on whether they should be convicted. Both sides are not expected to call witnesses, which will speed up the pace of the trial.
What are the chances of Trump being convicted?
Conventional wisdom says there is little chance that Trump will be found guilty by the Senate. Two-thirds – or 67 – of the 100 elders would have to vote to be convicted and currently the Senate is made up of 50 Democrats and 50 Republicans. Based on public statements and a recent vote on the basis of the test where only five Republicans voted with the Democrats, there is unlikely to be anywhere near 17 Republicans who would join the 50 Democrats to condemn Trump .
What if convicted?
Conviction in impeachment trial leads to automatic removal from office. In this particular case, however, since Trump is already out of office, the conviction would be largely symbolic. Democrats have insisted that Trump should be held accountable in the aftermath of the Jan. 6 violence and argue that he would not condemn, even if symbolically, a free-for-all. sit in the future to commit “high crimes and misconduct” the impeachment standard defined in the U.S. Constitution.
If the Senate condemns Trump, they could decide to hold a subsequent vote, as well as bar him from holding office in the future. It would only require a simple majority vote.
What if Trump is released?
It is worth noting that Trump was acquitted last year in his first impeachment trial and, while a very negative sign of his historic record, he aimed to use it to political advantage, he argued. its basis is that it is a political “witch hunt”. In fact, he has called this impeachment a “continuation of witch hunting”, and voting, at least among Republicans, shows that many Americans agree with him. Trump is expected to reappear after the lawsuit and, once again, aim to use it to his advantage, while attacking any Democrats and Republicans who have opposed him through Impeachment process.
Democrats in Congress could try to criticize Trump – a congressional stamp of dissent, for the most part – or try to call a clause in the 14th Amendment, which would bar him from holding a federal office in the future.