Senate impeachment trial: the next step in Trump’s impeachment process

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The question now is whether he will become the first president to be condemned by the Senate and removed from office.

And after? Indictment in a two-part process. The House introduces and passes the articles of impeachment, but it is in the Senate that the person charged faces a trial – and potential punishment.

Not much. The passage is quite simple. It’s here:

The Senate will have the exclusive power to judge all indictments. When they sit for this purpose, they must be under oath or affirmation. When the President of the United States is tried, the Chief Justice presides: And no one can be sentenced without the agreement of two-thirds of the members present. (Article 1, Section 3)

Are there any rules?

Yes. The Senate has a set of rules first created around the impeachment of Andrew Johnson in 1868, then updated in 1986. You can read them here.

Senators are sworn in before debates. There is a call to order every day. The chief judge has specific functions. There are deadlines set for arguments and rebuttals, and all questions from House Senators and Trump lawyers must be submitted in writing and read by the Chief Justice.

When will this trial begin?

It is not entirely clear. Senate Majority Leader Mitch McConnell had indicated ahead of the vote that he would not bring senators back until the last day of Trump’s term – Jan. 19 – at the earliest. He said in a statement Wednesday evening that the trial would begin then.

Can the trial be conducted in one day?

Almost certainly not. It will take a few days, if not weeks, for the group of House lawmakers who will press charges against Trump and his lawyers to respond. A trial can therefore practically only take place after the inauguration of President-elect Joe Biden on January 20.

So Trump will be removed from his post before the Senate trial ends?

Yes. Senators will vote on the impeachment of a former president.

What is the point of holding an impeachment trial for a former president?

There is a precedent for removing former public servants. Read about it – it’s called a “late arraignment” – here. While the main penalty for a guilty verdict in an impeachment trial is removal from office, senators could vote to bar Trump from serving in the future – remember, he did not rule out to run for president in 2024. He could also lose his six-figure pension and other post-presidential benefits.

But Biden will be president. Will the Senate not be busy with something else?

Yes. Highligths. They will be busy with confirmation hearings for Biden’s cabinet candidates – at least four are already scheduled for the week of January 20, for Secretary of State candidate Antony Blinken, Defense Secretary Lloyd Austin candidate, Secretary of the Treasury candidate Janet Yellen and Secretary of Homeland Security. nominated Alejandro Mayorkas. Senators may be called upon to draft a bill regarding the pandemic or economic relief – Biden wants to increase relief checks to $ 2,000.

Impeachment will therefore not be the only thing on their plate. And it is likely that they will only spend part of each day at Trump’s trial. They could also, according to the rules, appoint a special committee to hear the case, but that seems unlikely.

One thing to keep in mind: Although McConnell is now setting the timeline as Senate Majority Leader, he will lose that status as soon as the results of the Senate second round in Georgia on January 5 are certified and both new Democratic Senators, Jon Ossoff and Raphael Warnock. , are seated. At this point, Democratic New York Senator Chuck Schumer will become the Senate Majority Leader and have more control over the proceedings.

Impeachment first failed against Trump. What is different now?

In short, the Republicans. In Trump’s first impeachment trial, only one Republican senator – Mitt Romney of Utah – voted to remove him from office. This time, McConnell, rather than protecting Trump, would be happy with the effort to circumcise Trump or purge him of the GOP. Will it lead to more votes to punish Trump? It’s not clear.

How many votes are needed to condemn Trump?

Excellent question! The conviction requires 2/3 of the people present. If all 100 senators are present, that makes 67 senators. Assuming these two Georgians are seated, that means there are 50 senators from each party and 17 Republicans would be needed.

However! Pay close attention to the rules, which require 2/3 of the people present. If these two Georgia Democrats are not yet seated, it may take 66 senators. If a number of Republicans didn’t want to vote against Trump but also didn’t want to vote to condemn, they could skip the vote and change the ratio. We know this kind of thing happened, but not during the impeachment process.

What is the historical precedent?

There have been three previous presidential impeachments, including Trump’s first. President Andrew Johnson was impeached, but survived the Senate trial by a vote after seven Republicans broke their party ranks. Johnson did not win the election after his impeachment. President Bill Clinton was impeached during his second term and was easily acquitted; less than a majority of senators supported his resignation, far from the 2/3 required. It was a similar result for Trump’s first impeachment, when only Romney joined Democrats and less than a majority of senators supported his conviction and impeachment.

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