Live Updates: Senate finds Trump impeachment trial constitutional
Washington â The Senate voted to move forward with former President Donald Trump's impeachment trial on Tuesday, with a majority of senators determining they have jurisdiction to place former presidents on trial in cases of impeachment.
By a vote of 56 to 44, the Senate rejected arguments by Mr. Trump's attorneys, who asserted that holding an impeachment trial of a former president is unconstitutional.
Six Republicans joined all 50 Democratic senators in voting to move forward with the trial. But the vote also served as an indication of Mr. Trump's eventual acquittal, since 17 GOP senators would need to vote with Democrats in order to convict him. Senator Bill Cassidy joined five other GOP senators who had previously voted that the trial is constitutional.
Mr. Trump faces one article of impeachment for "incitement of insurrection" for his conduct leading up to the attack on the Capitol on January 6. The House impeached Mr. Trump on January 13, when he was still in office. The Constitution is silent on the question of whether former officials can be impeached and face trial in the Senate.
The first day of proceedings was dedicated to the question of whether the Senate has jurisdiction to try the former president. Mr. Trump's attorneys and the House impeachment managers were given two hours each to present their cases to senators.
The House managers argued that declining to hold the impeachment trial would establish a "January exception" in which outgoing presidents could evade accountability for the actions in the final weeks of their terms.
The Democratic managers opened the proceedings with a dramatic video timeline of the events on January 6, showing hundreds of Trump supporters storming the Capitol to disrupt the counting of electoral votes. The footage was juxtaposed with Mr. Trump's speech to supporters earlier in the day, when he urged his followers to "fight like hell."
"You ask what a high crime and misdemeanor is under our Constitution. That's a high crime and misdemeanor," Representative Jamie Raskin, the lead impeachment manager, said when the montage concluded. "If that's not an impeachable offense, then there is no such thing."
The president's attorneys, meanwhile, argued that the Senate has no authority to hold an impeachment trial for ex-officials under the plain language of the Constitution.
Doug Schoen, one of the former president's lawyers, called the constitutional theory put forth by the impeachment managers "radical" and "unprecedented," and warned adopting it would make future elected officials vulnerable to impeachment long after they've left office.
"They're willing to sacrifice our national character to advance their hatred and their fear that one day, they might not be the party in power," he said.
The trial will resume on Wednesday, when the Democratic managers will have eight hours to present the case for convicting Mr. Trump. Both sides will have two days to make their arguments before the Senate considers possible witnesses before a final vote. Senators will convene every day until a verdict is reached.Washington â The Senate convened Tuesday afternoon for the first day of former President Donald Trump's impeachment trial, the only time in U.S. history a president has faced a Senate trial after leaving office.
Mr. Trump was impeached by the House on January 13 on one count of "incitement of insurrection" for his conduct in the lead-up to the January 6 attack on the Capitol.
Senators convened shortly after 1 p.m. and voted 89-11 on a resolution setting the parameters of the trial. The proceedings are expected to be much shorter than Mr. Trump's first trial, which lasted three weeks. Both sides will have two days each to present their cases on the question of conviction, beginning on Wednesday.
The first day of the trial is dedicated to arguments over whether the Senate has the constitutional authority to try a former president. Representative Jamie Raskin, the lead impeachment manager, opened the Democratic side of the argument with a lengthy video montage of Trump supporters storming the Capitol, juxtaposed with footage of Mr. Trump encouraging a crowd to "fight like hell" in the morning before the attack.
"You ask what a high crime and misdemeanor is under our Constitution. That's a high crime and misdemeanor," Raskin said when the montage concluded. "If that's not an impeachable offense, then there is no such thing."
Mr. Trump's lawyers are now presenting their case for why a former president cannot be tried once he is out of office.
Senate adjourns until Wednesday
Following the vote to proceed with the trial against Mr. Trump, the Senate, as a court of impeachment, adjourned until 12 p.m. Wednesday.
Senate finds trial constitutional in 56-44 vote
The Senate deemed the impeachment trial to be constitutional in a vote to move forward with the trial. Although most Republicans voted to dismiss the trial, 44 Republicans voted that the Senate has the jurisdiction to hold a trial after a president has left office.
The vote is an indication that there will probably not be enough votes to convict Mr. Trump, as 67 votes are required to find the president guilty. Senate Minority Leader Mitch McConnell was among the Republicans who voted to dismiss the trial.
Senators Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania joined all 50 Democrats in voting to uphold the constitutionality of the trial.