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The historic second impeachment trial against former President Donald Trump begins Tuesday in front of the United States Senate. The Republican is charged with “inciting a riot” due to the assault on the Capitol a month ago. Proceedings in the Senate begin at 1:00 p.m. (local time; 7:00 p.m. CET). A conviction of Trump, who will stay away from trial, is extremely unlikely given the situation of the majority in the Senate.
On the first day of the negotiations, the focus will be on whether the Senate can even try Trump as a former president. Trump’s lawyers argue that the process is unconstitutional: The Senate can only try incumbent presidents, but not past presidents. Democrats and many jurists reject this interpretation of the Constitution.
Trump’s lawyers and House attorneys, nine Democratic MPs, have four hours to express their views on the matter. Then the 100 senators vote. If they vote to continue the process, which can be assumed, prosecutors and defense attorneys will have two days from Wednesday to address the specific allegations against Trump.
Democrats blame Trump for the violent assault on the Capitol in Washington with five deaths. They accuse him of inciting radical supporters to storm the congress headquarters with a speech on January 6, which would finally confirm the electoral victory of his successor Joe Biden that day.
The House of Representatives, dominated by Biden’s Democrats, decided to impeach Trump a week after the Capitol was stormed. The trial is now taking place in the Senate plenary, one of the halls Trump supporters stormed into on Jan.6.
The prosecution and defense fought one last legal battle on Monday before the trial began. The evidence against Trump was “overwhelming,” prosecutors said. Trump committed “the worst constitutional crime” ever committed by a president of the United States. It refers, among other things, to his call to his followers to “fight for the devil.”
Trump’s lawyers described the accusation that the former president was responsible for storming the Capitol as “absurd.” “President Trump has not asked anyone to commit illegal acts,” the attorneys wrote. Trump cannot be held responsible for the acts of a “small group of criminals.” His statements are also covered by freedom of expression.
A conviction of Trump in the Senate is nearly impossible: a two-thirds majority in the House of Congress is necessary for a guilty verdict. Since Democrats and Republicans each have 50 senators, at least 17 Republicans would have to vote with Democrats. That is considered highly unlikely.
Trump is the first president in US history to have two impeachment proceedings launched. In the first trial due to his efforts to obtain campaign aid from Ukraine, he was acquitted by the Republican majority in the Senate a year ago.
Trump is also the first former US head of state to face impeachment proceedings after leaving office. Trump now lives at his private Mar-a-Lago club in the state of Florida. He rejected a statement in the impeachment proceedings.
Do you also read or listen:
Podcast «Decision 2020»: The impeachment process! Second round
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Investigation of violence in Washington: Who was behind the attack on the Capitol?
Political battle in America: The impeachment process turns into a great drama