Former President Donald Trump’s impeachment trial this week will start with a debate and vote on whether the proceeding violates the Constitution because Trump is no longer in office.
Democrats and Republicans have nearly finalized an agreement on the trial’s timing, and it appears to be on track to wrap up more quickly than Trump’s February 2020 trial, which lasted about three weeks.
Trump is charged with one article of impeachment for inciting an insurrection ahead of the Jan. 6 attack on the U.S. Capitol that left five people dead, including a U.S. Capitol Police officer, and dozens of people injured.
Trump was acquitted by the Senate about a year ago on two impeachment charges after a three-week trial and weeks of hearings in the House.
This time, Democrats appear eager to finish the trial in approximately a week and have not indicated a desire to call any witnesses, although a vote on the matter will come later in the trial.
The trial will begin Tuesday with senators voting on whether the trial is constitutional. They’ll have four hours of debate on the question, and Republicans are likely to make the case Trump cannot be convicted because the Constitution only addresses jurisdiction over a sitting president. Trump left office on Jan. 20. The House impeached him on Jan. 13.
Last month, 45 Republicans voted on a motion by Republican Sen. Rand Paul to block the trial on the grounds that it is unconstitutional, and it is likely they will do so again on Tuesday. But it falls short of a majority that would be needed to stop the trial, and arguments are expected to start on Wednesday.
Impeachment managers and the Trump defense team will get 16 hours to present their cases.
The trial will pause at sunset on Friday and will resume Sunday afternoon to accommodate Trump lawyer David Schoen, an observant Jew who does not work on the Sabbath.
The time frame beyond opening arguments is unclear.
Senators will have the chance to ask questions, and it’s possible they’ll vote on summoning witnesses.
The impeachment managers requested Trump testify at the trial or at a time ahead of the proceeding, but Trump’s lawyers declined.
Many senators have indicated they don’t need witnesses because they were inside the Capitol and saw the events unfold, but some Democrats want compelling testimony, perhaps from police officers who were overpowered by the protesters, which might sway more GOP lawmakers to vote to convict the president.
It’s unlikely managers will convince 17 senators to vote with all 50 Democrats to provide the supermajority needed to convict Trump.
