Donald trump finishes speaking and also prepares come depart Joint basic Andrews on his last day in office together president. (Will Newton because that The Washington Post)

Former chairman Donald trump card in January came to be the an initial president in American background to it is in impeached twice. However being impeached is not the same as gift convicted and kicked out of office or ban from ever before holding it again.

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That’s up to the Senate, which starts its psychological of trump on Tuesday. It’s the an initial time a previous president has been the subject of together a trial.

Here’s exactly how we obtained here, what’s happening and what will occur next.

What’s the schedule for the impeachment trial?

The attempt officially starts Tuesday in ~ 1 p.m. Eastern time, as soon as the senators will certainly be sworn in because that the trial. The day, they will dispute on the constitutionality of the trial, miscellaneous Republicans and Trump’s legitimate team have actually questioned based on Trump’s status as a previous president.

On the succeeding days, both political parties will obtain 16 hours each to lay the end their arguments. That’s likely to take it the trial to Sunday or Monday, depending upon how lengthy the Senate continues to be in session each day and whether it takes any type of days turn off over the weekend.

After that, the Senate will certainly debate and also then poll on whether to lug witnesses right into the trial. Rep. Jamie Raskin (D-Md.) and other impeachment managers have actually said they want to lug in witnesses, when both Senate bulk Leader Charles E. Schumer and House speak Nancy Pelosi have actually expressed a choice for a shorter trial. A simple majority vote versus witnesses would placed Trump top top track because that a conviction or acquittal next week.

Why to be Trump impeached again?

Impeaching trump card in his last days in office was no on Congress’s to-do list; then Jan. 6 happened. The attempt by Trump pendant to stop Congress indigenous counting the electoral university votes that would certainly make Joe Biden president at some point failed. However Democrats, and even part Republicans, accused trump of inciting the attempted insurrection, and also on Jan. 13, he to be impeached by the residence on a solitary charge to that effect.

The write-up the home sent end is short but makes three main points — mainly, the Trump committed “high crimes and misdemeanors,” because:

1. He falsely claimed he winner the election: “Shortly prior to the joint Session commenced, president Trump handle a group of his political supporters nearby. There, he reiterated false claims that ‘we winner this election, and also we won it by a landslide.’ ”

2. He encouraged the riot: “He willfully do statements that encouraged — and also foreseeably caused — brewing lawless action at the Capitol. Incited by chairman Trump, a lot unlawfully breached the Capitol, injured law enforcement personnel, menaced Members the Congress and also the angry President, interfered through the joint Session’s solemn constitution duty come certify the choice results, and engaged in violent, deadly, destructive, and seditious acts.”

3. The been placing actions to his indigenous to try to overturn his loss: The post mentions a contact Trump hosted with Georgia’s secretary that state urging him come “find” just enough votes to overturn Biden’s success there.

The Constitution states the president have the right to be impeached in the House, tried by the Senate, then removed from office (or in this case barred from ever holding commonwealth office again) if convicted of “Treason, Bribery, or other high Crimes and Misdemeanors.”

House democracy uniformly assumed Trump’s words before the attack on the Capitol constituted high crimes or misdemeanors — all 222 of lock voted in donate of impeachment. And in a notable readjust from Trump’s an initial impeachment, 10 house Republicans voted come impeach, led through Rep. Liz Cheney (Wyo.), the No. 3 home Republican.

“The chairman of the United states summoned this mob, assembled the mob, and also lit the fire of this attack,” Cheney claimed in a statement, adding, “There has never been a higher betrayal by a chairman of the United claims of his office and his oath come the Constitution.”

Trump is already out the office. What are the results of hold a attempt now?

Trump will go down in history as being the first U.S. Chairman to be impeached twice. But due to the fact that his term finished Jan. 20, once President Biden was sworn in, it’s also late to eliminate him from office.

Trump possibly being prohibition from running for federal office again is the big one. That would require conviction by two-thirds that the Senate, climate a simple bulk vote top top a separate measure to bar that from to run again. Trump card could, that course, still it is in a force in politics also if he can’t operation by doing things favor fundraising, do appearances through candidates or showing up in conservative media.

Presidents traditionally acquire security briefings after their time in office, though not at the frequency current presidents do. They also keep access to divide information. However limiting Trump’s accessibility to defense briefings is actually as much as the Biden administration — and also it’s miscellaneous Biden’s chief of staff claims they’re considering.

“We will definitely look because that a referral from the intelligence professionals in the Biden administration, once they’re in place,” White home Chief of staff Ron Klain said CNN’s Jake Tapper, “and we will certainly act on the recommendation.”

As for the various other post-presidential benefits, it’s most likely that trump will gain to keep them even if he’s convicted. The legislation that an initial put the presidential pension and also other services in place essentially says that presidents that leave office as a result of a new president being chosen get the benefits. The says previous presidents “whose company in together office shall have terminated various other than by remove pursuant to section 4 of article II the the structure of the United claims of America” are eligible — and since trump is already out of office, having left once Biden was inaugurated, those benefits are already in place.

What wake up next?

Schumer and also McConnell top top Monday were close come announcing an agreement on the trial’s format; because this is a Senate trial and not a court of law, the Senate gets to collection its very own trial rules.

The covenant calls because that up to 4 hours of debate on Tuesday over the constitutionality the the trial, essentially a repeat that the vote Sen. Edge Paul (R-Ky.) required on january 26. 45 Republican senators voted versus holding the trial at that point.

Then on Wednesday afternoon, the major legal arguments are set to begin. The autonomous house impeachment supervisors will existing their case against the chairman first, climate the previous president’s lawyers will current their defense.

The arranging resolution Schumer and McConnell negotiated then enables the impeachment supervisors to contact for a poll on whether to bring in witnesses, if they chose. When the impeachment managers have said they want to bring in witnesses, autonomous leaders room wary of expanding the trial. It would take a simple bulk of senators to include witnesses in the trial.

Raskin and also the various other impeachment supervisors sent trump a letter the week before the trial to be to begin asking the to carry out testimony either prior to or throughout the trial. Trump’s team easily rejected the request, calling it a “public relations stunt” and also claiming that the trial itself is unconstitutional, an discussion they plan to emphasis on once presenting your defense.

“If you decrease this invitation, we reserve any and all rights, consisting of the ideal to establish at trial that your refuse to testify support a strong adverse inference about your actions (and inaction) ~ above January 6, 2021,” Raskin wrote.

One key change from the critical trial — in ~ the inquiry of Trump’s legal team, the Senate will recess as an impeachment court from 5 p.m. Friday v Sunday morning, likely setup up Sunday afternoon arguments.

Trump’s very first trial began Jan. 16, 2020, and also he was acquitted 3 weeks later on Feb. 5. It’s unclear exactly how long Trump’s 2nd trial will last, particularly if Democrats space able to contact witnesses this time.

Who will represent Trump?

The lawyers who comprised Trump’s defense team in his an initial impeachment either decreased to stand for him this time or were White house attorneys no longer in Trump’s employ currently that he’s the end of office.

That way Trump had to hire a new team of exclusive lawyers — and it hasn’t gone smoothly.

The former president parted methods with a team led by Butch Bowers, a south Carolina lawyer, top top Jan. 31, early to distinctions over legitimate strategy. Trump rental two new lawyers, Bruce Castor and also David Schoen, shortly thereafter.

Castor is the former district attorney for Montgomery County, Pa. He likewise happens to be the cousin that Steve Castor, a lawyer for home Republicans who featured prominently in their defense of Trump’s first impeachment. In 2005, Bruce Castor decreased to charge comedian invoice Cosby after ~ a holy place University employee accused him of sex-related misconduct — and also later claimed he’d made a an enig deal v Cosby not to charge him. The Fix’s Aaron Blake look at at that decision more in-depth here.

Schoen, a defense lawyer based in Atlanta, has ties come controversial defendants together well: former Trump adviser Roger rock and accused son sex trafficker Jeffrey Epstein. Schoen has actually said he thinks his link to rock got that a referral for the job.

Schoen called The Washington Post’s Katie Shepherd the the new team will certainly not focus on Trump’s cases of election fraud, yet instead ~ above an dispute that the trial chin is unconstitutional since Trump is the end of office.

“I am no a person who will put forward a concept of election fraud,” Schoen said. “That’s not what this impeachment attempt is about.”

Will there actually be sufficient votes in the Senate to judge Trump?

Convicting Trump requires support that two-thirds of the Senate, an ext than the autonomous majority. Seventeen Senate republic would need to vote come convict.

On Tuesday, Sen. Edge Paul (R-Ky.) forced a procedural vote on whether it was also constitutional to hold a trial of a former president. All yet five the the Senate’s 50 republic voted to say it wasn’t, a number that seems to suggest that there’s little chance the Trump at some point being convicted.

“I think there will certainly be sufficient support on the to present there’s no possibility they have the right to impeach the president,” Paul called reporters prior to the vote. “If 34 world support mine resolution that this is one unconstitutional proceeding, it shows they don’t have the votes and we’re usually wasting ours time.”

The Post’s Ashlyn Still and also JM Rieger have actually a to run tracker of whereby both Democrats and also Republicans stand. Therefore far, around a dozen Republican senators have expressed openness come the impeachment trial, despite which way they will certainly vote stays uncertain.

Senate decimal Leader Mitch McConnell (R-Ky.) had actually previously blamed Trump because that the events of Jan. 6, without explicitly saying just how he’d vote in a trial.

“The mob to be fed lies,” McConnell stated in the Senate’s first session ago after certifying Biden’s win. “They were provoked through the president and other powerful people, and also they do the efforts to usage fear and also violence to avoid a particular proceeding of the very first branch the the federal federal government which castle did no like. Yet we pressed on, we stood together and also said an angry mob would not obtain veto strength over the ascendancy of regulation in our nation.”

A conviction is important to host the second, arguably more consequential vote to bar trumped from ever before holding federal office again. That action only takes a majority vote.

Answering your questions on impeachment

Does Trump have actually to show up in human at the Senate trial?

Not just does the not have to, it’s unlikely he will. Remember, Trump just went through an impeachment psychological a year ago, and he was only a couple of miles away in the White house at the time. The didn’t make an appearance then, regardless of at one point saying he would “strongly consider” testifying one of two people in composing or in person. Now he resides in Florida, and also there’s no indication the he’s coming back to Washington because that the trial.

What is the origin of Trump’s insurance claim of choice fraud? go he ever before present any kind of tangible proof in any court filing?

Trump had been hinting the he might not accept election outcomes as far back as his 2016 operation — it’s a consistent component of his playbook. Yet when it come to certain allegations around the 2020 results, Trump an initial claimed a victory (without results having actually come in) in a tweet in ~ 12:45 a.m. Nov. 4. A few minutes later, that alleged, “We space up BIG, but they are trying come STEAL the Election. We will never let them execute it.”

That appears to it is in the first time after choice night that Trump alluded to stopping the procedure in some way. Democrats have indicated that they plan to usage Trump’s tweets against him once they existing their situation to the Senate.

Trump and his lawyers lost an ext than 50 lawsuits contesting results, i beg your pardon The short article goes more in depth ~ above here. The justice Department take it the unusual action of using department resources to investigate choice fraud claims, yet then-Attorney basic William P. Barr said Dec. 1 that “to date, we have not seen fraud top top a scale that might have effected a different outcome in the election.” In other words, Trump was unable come present any kind of real proof of voter fraud.

Could the Senate organize a an enig ballot for this reason senators don’t feeling political blowback for your votes?

The Senate set its very own rules because that the trial, and also since Democrats host a slim majority (including Vice chairman Harris’s tiebreaking vote) they could, in theory, do the vote private. But, together The Post’s Philip bump writes, the Constitution provides it pretty straightforward for republicans to thing — if simply 20 that the 50 republic in the Senate voted for a windy vote, they’d get it, do a private vote really unlikely.

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