Donald Trump is the first president to be impeached twice and the first to be tried by the Senate after leaving office. AFP
Donald Trump is the first president to be impeached twice and the first to be tried by the Senate after leaving office. AFP
Donald Trump is the first president to be impeached twice and the first to be tried by the Senate after leaving office. AFP
Donald Trump is the first president to be impeached twice and the first to be tried by the Senate after leaving office. AFP

Trump's second impeachment trial: here's what you need to know


Leila Gharagozlou
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The historic second impeachment trial of former US president Donald Trump is expected to begin in early February, about a year after his first impeachment trial before the Senate.

The process began with the House of Representatives impeaching Mr Trump on January 13 on charges of inciting an insurrection, related to the storming of the US Capitol by his supporters a week earlier.

  • An explosion caused by a police munition is seen while supporters of former president Donald Trump gather in front of the US Capitol Building in Washington, US, January 6, 2021. Reuters
    An explosion caused by a police munition is seen while supporters of former president Donald Trump gather in front of the US Capitol Building in Washington, US, January 6, 2021. Reuters
  • A supporter of US President Donald J. Trump sits on the desk of US House Speaker Nancy Pelosi, after supporters of US President Donald J. Trump breached the US Capitol security in Washington. EPA
    A supporter of US President Donald J. Trump sits on the desk of US House Speaker Nancy Pelosi, after supporters of US President Donald J. Trump breached the US Capitol security in Washington. EPA
  • Police detain a person as supporters of US President Donald Trump protest outside the US Capitol. AFP
    Police detain a person as supporters of US President Donald Trump protest outside the US Capitol. AFP
  • Protesters enter the US Capitol Building. AFP
    Protesters enter the US Capitol Building. AFP
  • A protester holds a Trump flag inside the US Capitol Building near the Senate Chamber. AFP
    A protester holds a Trump flag inside the US Capitol Building near the Senate Chamber. AFP
  • US Capitol police officers point their guns at a door that was vandalized in the House Chamber during a joint session of Congress. AFP
    US Capitol police officers point their guns at a door that was vandalized in the House Chamber during a joint session of Congress. AFP
  • Members of congress run for cover as protesters try to enter the House Chamber during a joint session of Congress. AFP
    Members of congress run for cover as protesters try to enter the House Chamber during a joint session of Congress. AFP
  • Congress staffers barricade themselves after Trump supporters stormed inside the US Capitol. AFP
    Congress staffers barricade themselves after Trump supporters stormed inside the US Capitol. AFP
  • Congress staffers barricade themselves after Trump supporters stormed inside the US Capitol. AFP
    Congress staffers barricade themselves after Trump supporters stormed inside the US Capitol. AFP
  • Congress staffers hold up their hands while Capitol Police Swat teams check everyone in the room as they secure the floor of Trump supporters. AFP
    Congress staffers hold up their hands while Capitol Police Swat teams check everyone in the room as they secure the floor of Trump supporters. AFP
  • US Capitol Police stand detain protesters outside of the House Chamber during a joint session of Congress. AFP
    US Capitol Police stand detain protesters outside of the House Chamber during a joint session of Congress. AFP
  • A supporter of US President Donald Trump sits at a desk after invading the Capitol Building. AFP
    A supporter of US President Donald Trump sits at a desk after invading the Capitol Building. AFP
  • A protester sits in the Senate Chamber. AFP
    A protester sits in the Senate Chamber. AFP
  • Pro-Trump protesters tear down a barricade as they clash with Capitol police during a rally to contest the certification of the 2020 US presidential election results by the US Congress. Reuters
    Pro-Trump protesters tear down a barricade as they clash with Capitol police during a rally to contest the certification of the 2020 US presidential election results by the US Congress. Reuters
  • Police hold back supporters of US President Donald Trump as they gather outside the US Capitol's Rotunda. AFP
    Police hold back supporters of US President Donald Trump as they gather outside the US Capitol's Rotunda. AFP
  • Supporters of US President Donald Trump enter the US Capitol's Rotunda. AFP
    Supporters of US President Donald Trump enter the US Capitol's Rotunda. AFP
  • A protester is seen hanging from the balcony in the Senate Chamber. AFP
    A protester is seen hanging from the balcony in the Senate Chamber. AFP
  • Riot police prepare to move demonstrators away from the US Capitol. AFP
    Riot police prepare to move demonstrators away from the US Capitol. AFP
  • Trump supporters clash with police and security forces as they storm the US Capitol. AFP
    Trump supporters clash with police and security forces as they storm the US Capitol. AFP
  • Trump supporters clash with police and security forces, as they storm the US Capitol. AFP
    Trump supporters clash with police and security forces, as they storm the US Capitol. AFP
  • A supporter of US President Donald Trump wears a gas mask as he protests after storming the US Capitol. AFP
    A supporter of US President Donald Trump wears a gas mask as he protests after storming the US Capitol. AFP
  • Pro-Trump supporters storm the US Capitol following a rally. AFP
    Pro-Trump supporters storm the US Capitol following a rally. AFP
  • Supporters of US President Donald Trump protest inside the US Capitol. AFP
    Supporters of US President Donald Trump protest inside the US Capitol. AFP
  • US President Donald Trump is seen on TV from a video message released on Twitter addressing rioters at the US Capitol, in the Brady Briefing Room at the White House in Washington, DC. AFP
    US President Donald Trump is seen on TV from a video message released on Twitter addressing rioters at the US Capitol, in the Brady Briefing Room at the White House in Washington, DC. AFP
  • Trump supporters clash with police and security forces as they storm the US Capitol in Washington, DC. AFP
    Trump supporters clash with police and security forces as they storm the US Capitol in Washington, DC. AFP
  • Supporters of US President Donald Trump protest in the US Capitol Rotunda. AFP
    Supporters of US President Donald Trump protest in the US Capitol Rotunda. AFP
  • Paramedics perform cardiopulmonary resuscitation on a patient. AFP
    Paramedics perform cardiopulmonary resuscitation on a patient. AFP
  • A wounded protester is carried on barricade as demonstrators breach the US Capital building grounds. Bloomberg
    A wounded protester is carried on barricade as demonstrators breach the US Capital building grounds. Bloomberg
  • US Vice President Mike Pence and House Speaker Nancy Pelosi preside over a joint session of Congress to certify the 2020 Electoral College results after supporters of President Donald Trump stormed the Capitol earlier in the day on Capitol Hill in Washington, DC. EPA
    US Vice President Mike Pence and House Speaker Nancy Pelosi preside over a joint session of Congress to certify the 2020 Electoral College results after supporters of President Donald Trump stormed the Capitol earlier in the day on Capitol Hill in Washington, DC. EPA
  • Rep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of the morning, after protesters stormed the Capitol in Washington. AP
    Rep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of the morning, after protesters stormed the Capitol in Washington. AP

The House has to deliver the articles of impeachment to the Senate, setting off the trial process in which the upper house will decide whether he should be convicted.

Mr Trump is the first president to be impeached twice and the first to be tried by the Senate after leaving office.

When will the impeachment trial start?

Chuck Schumer, Senate majority leader, announced that the trial would begin on February 8. The House is expected to transmit the articles of impeachment – the document detailing the charges – to the Senate on January 25.

Once the articles are received, members of the Senate will be sworn in as members of the “Courtof Impeachment”.

The next step will be to issue a summons to Mr Trump, who must respond to the charges by February 2, which is also the House deadline for submitting its pretrial brief.

Mr Trump is also required to submit a pretrial brief, which is due by February 8. The trial cannot begin until the House submits a rebuttal to Trump's pretrial brief.

Who will preside over the impeachment trial?

According to the US constitution, the Supreme Court's chief justice should preside over an impeachment trial of the president.

However, the constitution has left experts and scholars divided over the case of a former president.

If Chief Justice John Roberts, who presided over Mr Trump's first impeachment trial, decides not to do so this time, the trial will likely be overseen by Vice President Kamala Harris or the Senate's president pro tempore, Patrick Leahy.

How long could the trial last?

Mr Trump's previous impeachment trial took nearly three weeks, largely because of the nuances of the case brought before Congress, but there is no way of knowing exactly how long the process will take.

President Joe Biden suggested that the Senate take up the trial after completing the confirmation of his Cabinet nominees so that his administration can start work.

The House impeachment managers, the congressional members who will act as prosecutors before the Senate, have kept details of their case quiet.

Who will be prosecuting and defending?

Nine Democratic lawmakers have been named as impeachment managers, none of whom served on the team during Mr Trump's first impeachment trial. Heading the team will be Representative Jamie Raskin of Maryland, a constitutional law professor.

The other members are David Cicilline, Joaquin Castro, Diana DeGette, Madeleine Dean, Ted Lieu, Joe Neguse, Stacey Plaskett and Eric Swalwell.

Mr Trump hired Butch Bowers, a Justice Department employee under former president George W Bush, as his lawyer.

What are the consequences for Trump?

To secure a conviction, at least two thirds of the 100-member Senate – 67 senators – will have to vote in favour.

Normally, a conviction could lead to removal from office but this does not apply to Mr Trump as he has already left the White House.

The Senate could still disqualify him from holding elected federal office in the future, which would bar him from running for president in 2024, with a simple majority of 51 votes.

This measure has never been used against a president or former president.