A14 THE BULLETIN • TUESDAY, FEBRUARY 9, 2021
Trial
Sen. Pat-
rick Leahy,
D-Vt., the
president
pro tempore
of the Sen-
ate, who is
presiding
over the im-
peachment
trial of for-
mer Presi-
dent Don-
ald Trump,
swears in
members of
the Senate
on Jan. 26
for the im-
peachment
trial.
Continued from A1
Schumer said Monday that the deal
would “allow for the trial to achieve
its purpose: truth and accountability”
— and force Republicans to go on the
record
“The merits of the case against the
former president will be presented,
and the former president’s counsel
will mount a defense,” Schumer said.
“Ultimately, senators will decide on
the one true question at stake in this
trial: Is Donald Trump guilty of incit-
ing a violent mob against the United
States, a mob whose purpose was
to interfere with the constitutional
process of counting electoral votes
and ensuring a peaceful transfer of
power?”
In a new filing Monday, the nine
House impeachment managers said
the evidence for Trump’s conviction
was already “overwhelming” and
vowed to prove their case in the com-
ing days.
“We live in a Nation governed by
the rule of law, not mob violence in-
cited by Presidents who cannot accept
their own electoral defeat,” they said.
McConnell and Trump’s defense
team also praised the trial agreement
in brief statements.
“This process will provide us with
an opportunity to explain to Senators
why it is absurd and unconstitutional
to hold an impeachment trial against
a private citizen,” Trump’s lawyers
said, hours after they filed a 78-page
legal brief — their most complete
legal defense of Trump’s conduct to
date.
In it, they relied heavily on the
challenge to the constitutionality of
impeaching a former president, as
well as a First Amendment defense
of Trump’s rhetoric leading up to the
riot — which sought to disrupt the
final congressional certification of
Trump’s loss.
Mindful that they need to persuade
34 Republican senators to secure an
acquittal, Trump’s lawyers cast their
defense in a political light, calling the
rapid impeachment effort the cul-
mination of a long Democratic cam-
paign to “silence a political opponent
and a minority party” through im-
peachment.
“The Senate must summarily reject
this brazen political act,” Trump at-
torneys Bruce Castor, David Schoen
and Michael van der Veen wrote.
They said the lone impeachment arti-
cle was “unconstitutional for a variety
of reasons, any of which alone would
be grounds for immediate dismissal.”
The defense team added: “Taken
together, they demonstrate conclu-
sively that indulging House Demo-
crats hunger for this political theater
is a danger to our Republic, democ-
racy and the rights that we hold dear.”
The nine House impeachment
managers filed expansive arguments
in favor of Trump’s conviction last
week, accusing him of “a betrayal of
historic proportions” by promoting
the false claim that he, not Demo-
cratic candidate Biden, won the No-
vember election. Trump then stoked
anger among his supporters, sum-
moning them to Washington and
finally directing them toward the
Capitol as Congress met to count the
electoral votes, the managers said.
“If provoking an insurrectionary
riot against a Joint Session of Con-
gress after losing an election is not an
impeachable offense,” they wrote, “it
is hard to imagine what would be.”
Trump’s attorneys outlined their
rebuttal to that charge Monday: Sim-
ply put, Trump was engaged in free
speech protected by the First Amend-
ment when he questioned the elec-
tion results — highlighting “electoral
integrity issues essential to his career
that he has consistently advocated, a
position unpopular with his political
opponents.”
“The attempt of the House to
transmute Mr. Trump’s speech —
core free speech under the First
Amendment — into an impeachable
offense cannot be supported, and
convicting him would violate the very
Constitution the Senate swears to up-
hold,” they wrote.
In a brief filing Monday, the man-
agers criticized that free-speech ar-
gument as “utterly baseless,” saying
Trump’s false claims and incendiary
rhetoric were entitled to no such pro-
tection.
“When President Trump de-
manded that the armed, angry crowd
at his Save America Rally ‘fight like
hell’ or ‘you’re not going to have a
country anymore,’ he wasn’t urg-
ing them to form political action
committees about ‘election security
in general,’ “ they said, quoting the
Trump defense’s words.
The Democratic managers wrote:
“The House did not impeach Presi-
dent Trump because he expressed an
unpopular political opinion. It im-
peached him because he willfully in-
cited violent insurrection against the
government.”
The decision on whether to convict
Trump and potentially bar him from
future office is now in the hands of an
evenly split Senate, with 67 votes out
of 100 needed to secure a conviction.
Senate
Television via
AP, file
IMPEACHMENT TRIAL EXPLAINED
What’s ahead and what could happen
BY MARY CLARE JALONICK
The Associated Press
WASHINGTON — For-
mer President Donald
Trump’s historic second
impeachment trial begins
Tuesday, forcing the Senate
to decide whether to con-
vict him of incitement of
insurrection after a violent
mob of his supporters laid
siege to the U.S. Capitol on
Jan. 6.
While Trump’s acquit-
tal is expected, Democrats
hope to gain at least some
Senate Republican votes by
linking Trump’s actions to a
vivid description of the vio-
lence, which resulted in five
deaths and sent lawmak-
ers fleeing for safety. The
House impeached Trump
on Jan. 13, one week later.
Trump’s lawyers say the
trial should not be held at
all because the former pres-
ident is now a private citi-
zen. They argue that he did
not incite the violence when
he told his supporters to
“fight like hell” to overturn
his defeat.
A look at the basics of the
upcoming impeachment
trial:
How does the trial work?
As laid out by the Con-
stitution, the House votes
to impeach and the Sen-
ate then holds a trial on
the charge or charges. Two
thirds of senators present
can convict.
The House appointed
nine impeachment man-
agers who will present the
case against Trump on the
Senate floor. Trump’s de-
fense team will have equal
time to argue against con-
viction.
The chief justice of the
United States normally pre-
sides over the trial of a pres-
ident, but because Trump
has left office, the presiding
officer will be Sen. Patrick
Leahy, D-Vt., who is the
ceremonial head of the Sen-
ate as the longest-serving
member of the majority
party.
Once the senators reach
a final vote on the impeach-
ment charge — this time
there is just one, incitement
of insurrection — each law-
maker will stand up and
cast her or his vote: guilty or
not guilty.
How long will the trial last?
Likely more than a week.
The agreement between
Senate leaders provides
for up to 16 hours for both
prosecutors and the defense
to make their arguments,
starting Wednesday, with
no more than eight hours
of arguments per day. Later,
there will be time for sen-
ators to ask questions, and
there could be additional
procedural votes.
Under the agreement, the
trial will open Tuesday with
four hours of debate on
whether the trial is constitu-
tional. The Senate will then
vote on whether to dismiss
the charge against Trump. If
that vote fails, as expected,
the House managers will
begin their arguments
Wednesday and continue
into Thursday.
Trump’s lawyers are
likely to begin their argu-
ments Friday and finish
Saturday. That almost cer-
tainly means a final vote on
Trump’s conviction won’t
happen until next week.
Will there be witnesses?
It appears unlikely, for
now, though that could
change as the trial pro-
ceeds. Trump himself has
declined a request from the
impeachment managers to
testify.
While Democrats ar-
gued vociferously for wit-
nesses in the last impeach-
ment trial, they were not
allowed to call them after
the GOP-controlled Sen-
ate voted against doing so.
This time, Democrats feel
they don’t need witnesses
because they can rely on the
graphic images of the in-
surrection that played out
on live television. They also
argue that the senators were
witnesses themselves.
If the managers do decide
they want to call witnesses,
the bipartisan agreement
for the trial allows them to
ask for a vote. The Senate
would have to approve sub-
poenaing any witnesses for
the trial.
Why try Trump when he is
out of office?
Republicans and Trump’s
lawyers argue that the trial
is unnecessary, and even
unconstitutional, because
Trump is no longer pres-
ident and cannot be re-
moved from office. Dem-
ocrats disagree, pointing
to opinions of many legal
scholars and the impeach-
ment of a former secretary
of war, William Belknap,
who resigned in 1876 just
hours before he was im-
peached over a kickback
scheme.
While Belknap was even-
tually acquitted, the Senate
held a full trial. And this
time, the House impeached
Trump while he was still
president, seven days before
Biden’s inauguration.
If Trump were convicted,
the Senate would take a sec-
ond vote to bar him from
holding office again, Senate
Majority Leader Charles
Schumer, D-NY, said Mon-
day. Democrats feel that
would be an appropriate
punishment.
In response to GOP ef-
forts to dismiss the trial,
Democrats argue that
there should not be a “Jan-
uary exception” for pres-
idents who commit im-
peachable offenses just
before they leave office.
They say the trial is nec-
essary not only to hold
Trump properly account-
able but also so they can
deal with what happened
and move forward.
“You cannot go forward
until you have justice,” said
House Speaker Nancy Pe-
losi last week. “If we were
not to follow up with this,
we might as well remove
any penalty from the Con-
stitution of impeachment.”
How is this trial different
from Trump’s first trial?
Trump’s first trial was
based on evidence uncov-
ered over several months
by the House about a pri-
vate phone call between
Trump and the presi-
dent of Ukraine, as well as
closed-door meetings that
happened before and af-
terward. Democrats held a
lengthy investigation and
then compiled a report of
their findings.
In contrast, the sec-
ond trial will be based al-
most entirely on the vis-
ceral experience of a riot
that targeted the senators
themselves, in the Capitol
building. The insurrection-
ists even breached the Sen-
ate chamber, where the trial
will be held.
The fresh memories of
Jan. 6 could make it easier
for the House impeachment
managers to make their
case, but it doesn’t mean the
outcome will be any differ-
ent. Trump was acquitted
in his first trial a year ago
Friday with only one Re-
publican, Utah Sen. Mitt
Romney, voting to convict,
and there may not be many
more guilty votes this time
around.
In a test vote Jan. 26, only
five Senate Republicans
voted against an effort to
dismiss the trial — an early
indication that Trump is
likely to be acquitted again.
What will Trump’s lawyers
argue?
In a brief filed Monday,
they argued that the trial
is unconstitutional, that
Trump did nothing wrong
and that he did not incite
the insurrection during his
Jan. 6 speech to supporters.
While the House im-
peachment managers say
Trump is “singularly” re-
sponsible for the attack on
the Capitol, Trump’s law-
yers say the rioters acted on
their own accord. They sug-
gest that Trump was simply
exercising his First Amend-
ment rights when he falsely
disputed the election results
and told his supporters to
fight — a term they note
is often used in political
speeches.
The brief goes after the
impeachment manag-
ers personally, charging
that the Democrats have
“Trump derangement syn-
drome,” are “selfish” and
are only trying to impeach
Trump for political gain.
There was no widespread
fraud in the election, as
Trump claimed falsely over
several months and again
to his supporters just before
the insurrection. Election
officials across the country,
and even former Attorney
General William Barr, con-
tradicted his claims, and
dozens of legal challenges
to the election put forth by
Trump and his allies were
dismissed.
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