3 Things to Watch for During Trump’s Second Impeachment Trial

Donald Trump’s second impeachment trial begins on February 9th. It is unknown how long the trial will take, but both parties are on the same page in their desire for a speedy trial. While the House impeachment managers say they have an open and shut case, Trump’s legal team is saying not so fast. 

Here are three things to watch for: 

1. The Guest List. For the first time, the chief justice will not preside over a presidential impeachment trial because Trump is no longer in office. Overseeing the trial will be president pro tempore of the Senate Patrick Leahy, D-Vt. The House impeachment managers requested Trump to testify, but he RSVP’d no. It remains to be seen if any witnesses will be called to testify. 
2. The arguments. The House impeachment managers will go through the events that led up to the domestic terror attack on the U.S. Capitol to show Trump is ‘singularly responsible’ for inciting his supporters to storm the Capitol. Trump’s legal team is expected to argue the unconstitutionality of impeaching a former president, as well as argue Trump’s post-election disinformation campaign of calling the election fraudulent is protected under the First Amendment. 
3. The outcome. The chance of Trump’s second impeachment trial to end with a conviction is highly unlikely. In order for Trump to be convicted, two-thirds Senate majority are required, meaning 17 Republicans would need to side with the Democrats and vote ‘yes’ on a conviction. Last month, in a test vote, only five Senate Republicans sided with the Democrats to hold a trial. 

This trial is an opportunity for Republicans to hold Trump accountable for inciting the attacks on January 6th. Senate Republicans have found themselves in a precarious position. While many have signaled they don’t want to defend Trump, they also are not comfortable convicting him either. Watch for Senate Republicans to opt for a procedural way out by citing the unconstitutionality of impeaching a president who is no longer in office and saying it’s a dangerous precedent to set. It’s difficult to deny a precedent would be set, but it is important to note legal scholars have reviewed the constitutionality argument and “concluded that Congress has authority to extend the impeachment process to officials who are no longer in office.”

Trump’s second impeachment trial may be dead on arrival, and will most likely become a political circus. Watch who votes on the side of holding Trump accountable, and those who shy from their responsibility. While the Senate may not convict Trump, the American people have a chance to hold those Senators accountable for not upholding their constitutional duties to protect America from threats both foreign and domestic by voting them out in 2022 and beyond.