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Trump impeachment: When is his Senate trial and will he testify? | |
(10 days later) | |
Donald Trump became the first US president to be impeached twice | Donald Trump became the first US president to be impeached twice |
Donald Trump is about to stand trial in the US Senate for his role in the riot at the Capitol on 6 January. He says he won't give evidence himself, so what can we expect? | |
The former president is the first in US history to have been charged with misconduct - or impeached - twice by the lower chamber of US Congress. | The former president is the first in US history to have been charged with misconduct - or impeached - twice by the lower chamber of US Congress. |
The Democratic-controlled House of Representatives accused Mr Trump of encouraging violence with his false claims of election fraud and egging on a mob to storm the Capitol on 6 January. | The Democratic-controlled House of Representatives accused Mr Trump of encouraging violence with his false claims of election fraud and egging on a mob to storm the Capitol on 6 January. |
Some Republicans also backed impeachment in that historic vote. | Some Republicans also backed impeachment in that historic vote. |
What happens next? | What happens next? |
The Senate trial of Mr Trump, a Republican, begins on Tuesday. | |
A two-thirds majority in the Senate means a conviction. | A two-thirds majority in the Senate means a conviction. |
If Mr Trump is convicted, senators could also vote to bar him from ever holding public office again. | If Mr Trump is convicted, senators could also vote to bar him from ever holding public office again. |
House delivers impeachment charge against Donald Trump to the Senate | House delivers impeachment charge against Donald Trump to the Senate |
What is the prosecution's case? | |
Donald Trump is "personally responsible" for the riot and must be convicted, Democrats say. | |
In a pre-trial legal brief, they said his repeated refusal to concede the election led to an "incitement of insurrection against the republic he swore to protect". | |
Mr Trump's "statements turned his 'wild' rally on 6 January into a powder keg waiting to blow", they claim. | |
They will use his words and footage from the riot to show that "the furious crowd" was "primed (and prepared) for violence if he lit a spark". | |
"The evidence is clear," they wrote. "When other attempts to overturn the presidential election failed, former President Trump incited an attack on the Capitol." | |
Although he is no longer in office, they argue "a president must answer comprehensively for his conduct in office from his first day in office through his last". | |
They call for him to be disqualified from ever running for office again. | |
What is Trump's defence? | |
Mr Trump's team will reject the case against him as unconstitutional, claiming that he is private citizen who can no longer be deposed. | |
His lawyers argue that the Senate cannot act against him "because he holds no public office from which he can be removed". | |
They will also claim his pre-riot remarks did not incite his supporters to attack the Capitol. | |
Mr Trump has rejected that allegation in the past, saying his comments were "totally appropriate". | |
His legal team reiterated that denial, saying "the Article of Impeachment misconstrues protected speech and fails to meet the constitutional standard for any impeachable offence". | |
In their own pre-trial brief, they call for the case to be dismissed. | |
Can he be tried now he has left? | Can he be tried now he has left? |
It's never happened before, so it's untested and the US Constitution doesn't say. | It's never happened before, so it's untested and the US Constitution doesn't say. |
Impeachment proceedings against President Richard Nixon were ended when he quit in 1974. | Impeachment proceedings against President Richard Nixon were ended when he quit in 1974. |
So Mr Trump could take his case to the Supreme Court, claiming his trial was unconstitutional. | So Mr Trump could take his case to the Supreme Court, claiming his trial was unconstitutional. |
Some lower ranked officials have been impeached after leaving office. | Some lower ranked officials have been impeached after leaving office. |
What happens to impeached presidents? | What happens to impeached presidents? |
What impeachment means for Trump, Biden and America | What impeachment means for Trump, Biden and America |
Will Trump give evidence? | |
That's certainly what prosecutors wanted. On Thursday, they sent a letter inviting him to testify under oath "at a mutually convenient time and place" next week. | |
The House managers suggested that they would cite Mr Trump's silence as further proof that their allegations were true. | |
Within hours, however, the former president's lawyers had rejected the request as a publicity stunt. | |
They made clear he would not testify voluntarily. The prosecutors do have the power to subpoena his testimony, but that is considered unlikely. | |
Who will be involved in the trial? | |
Supreme Court Chief Justice John Roberts presided over the first impeachment trial of Mr Trump, but will not do so again. | |
Democratic Senator Patrick Leahy - third in the line of presidential succession - will preside over the trial instead. | |
Prosecuting the case will be nine House Democrats, known as the impeachment managers. | |
Mr Trump will be represented by two attorneys - Bruce Castor and David Schoen. | |
It remains unclear if he will add more people to his legal team. | |
All 100 US senators have been sworn in as jurors in the trial. | |
Could Trump be convicted in the Senate? | |
Democrats only hold half the 100 seats so they would require 17 Republicans to vote against someone from their own party. | Democrats only hold half the 100 seats so they would require 17 Republicans to vote against someone from their own party. |
That's a high bar for a party that has largely remained publicly loyal to Mr Trump. | That's a high bar for a party that has largely remained publicly loyal to Mr Trump. |
But 10 Republicans in the House supported impeachment and a handful of senators have indicated they are open to it. | |
Last week, however, 45 out of 50 Senate Republicans voted in favour of a bid to dismiss the trial. | |
At the Capitol: Trump's Christian supporters | At the Capitol: Trump's Christian supporters |
'Like a medieval battle': The riots frontline | 'Like a medieval battle': The riots frontline |
Could Trump run for president again if convicted? | Could Trump run for president again if convicted? |
If he is convicted by the Senate, lawmakers must hold another vote to block him from running for elected office again - which he had indicated he planned to do in 2024. | |
This could be the biggest consequence of this impeachment. | This could be the biggest consequence of this impeachment. |
If he is convicted, a simple majority of senators would be needed to block Mr Trump from holding "any office of honour, trust or profit under the United States". | If he is convicted, a simple majority of senators would be needed to block Mr Trump from holding "any office of honour, trust or profit under the United States". |
So 50 senators plus a casting vote from Vice-President Kamala Harris would be enough to damn Mr Trump's hopes of political power. | So 50 senators plus a casting vote from Vice-President Kamala Harris would be enough to damn Mr Trump's hopes of political power. |
This could be appealing to Republicans hoping to run for president in the future and those who want Mr Trump out of the party. | This could be appealing to Republicans hoping to run for president in the future and those who want Mr Trump out of the party. |
What about other benefits? | What about other benefits? |
There has been talk of Mr Trump losing benefits granted to his predecessors under the 1958 Former Presidents Act, which include a pension and health insurance, and potentially a lifetime security detail at taxpayers' expense. | There has been talk of Mr Trump losing benefits granted to his predecessors under the 1958 Former Presidents Act, which include a pension and health insurance, and potentially a lifetime security detail at taxpayers' expense. |
However, Mr Trump is likely to keep these benefits if he is convicted after leaving office. | However, Mr Trump is likely to keep these benefits if he is convicted after leaving office. |
What was his first impeachment for again? | What was his first impeachment for again? |
That was over his dealings with Ukraine, although he denied any wrongdoing. | That was over his dealings with Ukraine, although he denied any wrongdoing. |
He was accused of pressing the country's leader to open an investigation into Mr Biden, then his emerging rival for the White House, and his son Hunter. | He was accused of pressing the country's leader to open an investigation into Mr Biden, then his emerging rival for the White House, and his son Hunter. |
Mr Trump appeared to use military aid as leverage. He was impeached by the House and cleared by the then Republican-controlled Senate. | Mr Trump appeared to use military aid as leverage. He was impeached by the House and cleared by the then Republican-controlled Senate. |
Hang on, why was Trump impeached again? | Hang on, why was Trump impeached again? |