Debate in the second impeachment trial of former President Donald Trump gets underway Tuesday at 1 pm local time. In this first stage, senators will present arguments on whether the Constitution permits the impeachment of a private citizen.
Republican South Carolina Sen. Lindsey Graham said, “If you believe he committed a crime, he can be prosecuted like any other citizen. Impeachment is a political process we’ve never impeached a president once they’re out of office. I think this is a very bad idea.”
In January, 45 Republicans voted for a motion to block impeachment on the grounds it is unconstitutional.
Democrats will argue that impeaching a private citizen is constitutional, as 150 legal scholars did in a recent letter to Congress, citing the Constitution’s language allowing “disqualification from holding future office …”
Each side will have 4 hours to debate. Democrats are likely to win that vote and move on to stage two, whether Trump deserves conviction.
Each side will have 16 hours over two days to present their case.
Democrats will likely cite numerous cases of the president’s incendiary language, leading up to the Jan. 6 rally on the National Mall and riot at the Capitol.
“It’s an open and shut case. We all have heard the president’s inflammatory rhetoric,” said Democratic New York Rep. Hakeem Jeffries, adding, “We all know that the president lied about the election, said that it was stolen from him, held stop the steal rallies, perpetrated the big lie that resulted in the mob coming to Washington, which he summoned. He then inflamed and incited the mob.”
Republicans are likely to focus on one key phrase in the president’s Jan. 6 speech from the Mall, in which Trump said, “I know that everyone will soon be marching over to the Capitol to peacefully and patriotically make your voices heard …”
The president’s defense may also play video clips of numerous Democrats using the same kind of metaphorical and aggressive language the president often used.
Rep. Maxine Waters said, “And if you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station, you get out, and you fan the crowd, and you tell them they’re not welcome.”
After 32 hours of total debate time, the trial will pause Friday night at dusk and resume Sunday, to allow Trump’s lawyer, David Schoen, time to observe the Jewish Sabbath.
Still unknown is whether Democrats will call witnesses. Some believe it is unlikely, given that many members witnessed the riot themselves.
“I was in the chamber when the rioters were coming over. I was taking my jacket off, my tie off, rolling my sleeves up just in case I had to fight,” said Republican South Carolina Sen. Tim Scott.
Calling witnesses would also open the door to Republicans calling their own witnesses, potentially drawing the trial out into March, jeopardizing passage of the new COVID-19 stimulus package, just as federal unemployment benefits run out on March 14.
It will take a supermajority, 67 senators, to convict Trump. Assuming all Democratic senators vote for conviction, 17 Republicans would still be needed, a number that seems far out of reach.
