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Washington – The Senate voted to move forward with the impeachment trial of former President Donald Trump on Tuesday, with a majority of senators deciding they have jurisdiction to bring former presidents to justice in the event of impeachment.
By a vote of 56 to 44, the Senate rejected the arguments of Mr. Trump’s lawyers, who said holding a trial for the impeachment of a former president was unconstitutional.
Six Republicans joined 50 Democratic senators to vote to move the trial forward. But the vote also served as an indication of Mr. Trump’s eventual acquittal, as 17 GOP senators are expected to vote with Democrats to condemn him. Senator Bill Cassidy joined five other GOP senators who had previously voted that the trial is constitutional.
Mr Trump is facing an article of indictment of “incitement to insurgency” for his conduct that led to the attack on Capitol Hill on January 6. The House impeached Mr. Trump on Jan. 13, while he was still in office. The Constitution is silent on whether former officials can be indicted and tried in the Senate.
The first day of deliberation was devoted to the question of whether the Senate has jurisdiction to judge the former president. Mr. Trump’s attorneys and House impeachment officials had two hours each to present their cases to senators.
House directors argued that refusing to hold the impeachment trial would establish a “January exception” in which outgoing presidents could shirk responsibility for actions in the final weeks of their term in office.
Democratic leaders opened the proceedings with a dramatic video timeline of the events of January 6, showing hundreds of Trump supporters storming the Capitol to disrupt the electoral count. The images were juxtaposed with Mr. Trump’s speech to supporters earlier in the day, when he urged his supporters to “fight like hell.”
“You are asking what is a high felony and misdemeanor under our Constitution. It is a high felony and misdemeanor,” said Rep. Jamie Raskin, the main arbiter, as the cut was completed. “If it’s not an impenetrable offense, then there’s no such thing.”
Lawyers for the president, meanwhile, argued that the Senate lacks the power to hold impeachment trials for former public servants under the plain language of the Constitution.
David Schoen, one of the former president’s lawyers, called the constitutional theory put forward by impeachment officials “radical” and “unprecedented,” and warned that its passage would make future elected officials vulnerable to harm. impeachment long after their departure.
“They are ready to sacrifice our national character to advance their hatred and their fear that one day they will not be the ruling party,” he said.
The trial will resume on Wednesday, when Democratic leaders have eight hours to present the case for Mr. Trump’s conviction. Both sides will have two days to present their arguments before the Senate considers possible witnesses before a final vote. Senators will meet daily until a verdict is reached.
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