Senate Majority Leader Chuck Schumer said he has reached a deal with Republicans in setting the terms of former President Donald Trump’s impeachment trial that would give each side 16 hours to present their case and a possible vote on summoning witnesses.
“All parties have agreed to a structure that will ensure a fair and honest Senate impeachment trial of the former president,” Schumer, a New York Democrat, said Monday.
Trump’s trial will begin Tuesday with a debate and vote on whether the proceedings are unconstitutional.
Republicans contend Trump cannot be put on trial in the Senate because he is now a private citizen. Trump left office on Jan. 20. The House impeached Trump on Jan. 13 on one charge of inciting an insurrection ahead of the Jan. 6 attack on the Capitol.
“Each side will have ample time to make their arguments,” Schumer said.
After the Senate votes on the constitutionality of the trial, the impeachment managers will have up to 16 hours over two days to make the case that Trump deserves conviction.
Trump’s lawyers will have equal time to provide the former president’s defense.
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.
“If managers decide they want witnesses, there will be a vote on that, which is the option they requested,” Schumer said.
Schumer did not indicate the timing of a final vote but said additional time would be provided for senators to ask questions, for the two sides to present closing arguments, and for the Senate to deliberate. Democrats are eager to complete the trial quickly. Trump’s 2020 impeachment trial lasted three weeks.
The Senate will then vote on whether to convict Trump, but he’s likely to be acquitted.
Conviction requires a supermajority, or 67 senators. That means 17 Republicans would have to side with all Democrats to convict Trump, and only a small handful have signaled they are open to considering conviction.
Schumer called arguments that the trial is unconstitutional “fringe constitutional theory” and “a way to oppose the conviction of Donald Trump without passing judgment on his conduct.”
Senate Minority Leader Mitch McConnell, a Kentucky Republican, said the trial structure won the approval of Trump’s lawyers and the House managers because “it preserves due process and the rights of both sides … and will give senators ample time to review the case and the arguments that each side will present.”
Trump, in a statement Monday, praised the impeachment trial rules.
“President Trump and his counsel are pleased that there was bipartisan support on how to structure the impeachment trial,” Trump said. “We appreciate that Senate Republican leadership stood strong for due process and secured a structure that is consistent with past precedent. 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.”
The House impeachment managers last week 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.
The violent attack left five people dead and injured dozens, including many police officers. One U.S. Capitol Police officer died directly as a result of the attack.
