How to watch Trump’s second impeachment trial like a boss

House Democrats aren’t expecting the sharply divided Senate to convict former President Donald Trump for inciting an insurrection at the Capitol on Jan. 6. They need 17 of the 50 GOP senators to break with the former president — which they know is unlikely. So instead, they’re going to exact as much pain as possible on Republicans, most of whom say the trial shouldn’t even be allowed to happen.

And the newly disclosed rules for the trial provide a road map of sorts for how they’ll do it. Here are the crucial flashpoints in the trial, key details to watch and how Democrats plan to squeeze Republicans ahead of Trump’s near-certain acquittal.

1. Trying a former president

The House’s nine impeachment managers, led by Rep. Jamie Raskin (D-Md.) — a constitutional law professor — plan to jumpstart the trial by cutting the legs out of Republicans’ top argument against Trump’s conviction: that the Constitution doesn’t permit an impeachment trial against a former president.

The Constitution’s limited guidance for impeachment says presidents convicted at trial can face two punishments: removal from office and disqualification from holding federal office in the future. Forty-five Senate Republicans have signaled that they are at least open to a constitutional theory that Trump cannot be convicted because there is no office to remove him from.

But a broad swath of the legal community, including prominent GOP lawyers like Chuck Cooper, says this argument is nonsense. The framers always intended former presidents to be eligible for impeachment and trial, they say, or else the prospect of disqualification would be meaningless. And besides, if a president could merely resign to avoid conviction, the impeachment power would be no power at all.

The Senate’s proposed trial rules require a four-hour debate on this subject at the immediate outset of the trial on Tuesday. If the Senate were to agree with the Trump team’s interpretation, the trial would end immediately and result in a dismissal.

But Democrats begin knowing they have the votes to sideline this argument — it requires a simple majority and they anticipate keeping their full caucus united, while picking off some Republicans who have signaled they disagree with the former president’s argument. The House will seek to display the broad, bipartisan support in the legal community along the way.

Leave a Reply

Your email address will not be published. Required fields are marked *