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WASHINGTON (AP) – Opening arguments begin Wednesday in Donald Trump’s impeachment trial after a moving first day that brought senators and the nation back to the deadly Jan.6 attack on the United States Capitol.
Trump’s lawyers sought to suspend the trial on constitutional grounds, but lost that offer on Tuesday. Their arguments sometimes snaked, leaving Trump furious on the performance of its lawyers and allies questioning the defense strategy. Some have called for another reshuffle of his legal team.
Democratic House prosecutors seek to associate Trump directly with the riot that left five dead, replaying videos of rioters trying to stop Democrat Joe Biden’s certification of victory and Trump’s statements urging them to fight back election results.
Senators, many of whom fled for safety on the day of the attack, watched graphic videos of Trump supporters who fought outside police to storm the halls, with Trump’s flags waving. More videos are expected on Wednesday, including some that haven’t been seen before.
Trump is the first president to face an impeachment trial after leaving office and the first to be indicted twice. The riot followed a rally in which Trump urged his supporters to “fight like hell,” words according to his lawyers were just a figure of speech. He is accused of “inciting insurrection”.
“It is a serious crime and a misdemeanor,” Representative Jamie Raskin, D-Md., Said in his opening remarks. “If it’s not an impenetrable offense, then there is no such thing.”
Security remains extremely strict at the Capitol, fenced with barbed wire and patrolled by National Guard troops.
White House press secretary Jen Psaki said Biden would not be watching the trial.
“Joe Biden is the president, he’s not an expert, he’s not going to comment on the back-and-forth arguments,” she said.
House impeachment officials described mutilated police officers in chaos and rioters marching through the very hall where the trial was being held. Trump’s team retorted that the Constitution does not allow impeachment on this late date.
It’s a legal question that could resonate with Senate Republicans eager to acquit Trump without being seen as forgiving his behavior.
Senior Defense Counsel Bruce Castor said he changed his planned approach after hearing the emotional overture from prosecutors and instead spoke to senators, saying Trump’s team would denounce the attack “disgustingly” and “in the most strong possible, would denounce the rioters ”. He appealed to senators, calling them “patriots first” and encouraged them to keep a “cool head” when weighing arguments.
Trump’s lawyer David Schoen steered the trial in a decidedly partisan tone, saying Democrats were fueled by a “grassroots hatred” of the former president.
Republicans have made it clear that they weren’t happy with Trump’s defense, with many saying they didn’t understand where it was going – especially Castor’s opening. Louisiana Senator Bill Cassidy, who voted with Democrats to move forward with the trial, said Trump’s team had done a “terrible job.” Maine Senator Susan Collins, who also voted with the Democrats, said she was “puzzled.” Senator Lisa Murkowki of Alaska said it was a “missed opportunity” for the defense.
Six Republicans joined Democrats in voting to proceed with the trial, but the 56-44 vote fell short of the two-thirds threshold of 67 votes that would be required for sentencing.
At a pivotal moment, Raskin shared his personal story of bringing his family to Capitol Hill that day to witness the certification of the Electoral College vote, only for his daughter and son-in-law to hide in an office, fearing for their life.
“Senators, this cannot be our future,” Raskin said, crying. “This cannot be America’s future.”
House prosecutors had argued that there was no “January exception” for a president to avoid impeachment by stepping down. Representative Joe Neguse, D-Colorado, brought up the corruption case of William Belknap, a war secretary in the Grant administration, who was indicted, tried and ultimately acquitted by the Senate after leaving office .
If Congress remains loyal, “it would invite future presidents to use their power without any fear of accountability,” he said.
House prosecutors seem unlikely to call witnesses, and Trump has refused a request for testimony. The trial is expected to continue over the weekend.
Trump’s second impeachment trial should diverge from the long and complicated affair of a year ago. In this case, Trump was accused of privately pressuring Ukraine to dig up the dirt on Biden, then Democratic rival for the presidency.
This time around, the rhetoric of Trump’s “stop the flight” rally and storming of Capitol Hill unfolded in full view of the world.
The Democratic-led House removed the president quickly, a week after the attack.
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