WASHINGTON – The indictment of former President Donald Trump begins this week to bring the newly deceased leader back to the limelight.
As in his first indictment a year ago, it will be difficult for the Democrats to bring together the two-thirds majority of the Senate needed to convict him. But the trial is expected to continue to draw the country’s attention.
The case is based on a single indictment approved by the Democratic House, backed by ten Republicans: that Trump incited the deadly January 6 attack on the U.S. Capitol.
Although Trump was defeated for re-election last year, the trial interest is high for the country and for a Republican Party tied to him, as long as he remains popular among his core voters and has the option to elect him as president. again.
Sunday night, the structure of the trial and possible witnesses have not yet been announced.
Here are five things to keep in mind when starting out:
How many Republicans will vote to convict?
In Trump’s first indictment, a year ago, only one Republican voted to be convicted, Senator Mitt Romney of Utah, the party’s presidential candidate in 2012. If Democrats vote unanimously to condemn him again, at least 17 Republicans will vote they must join to be successful.
This is a high bar.
The most likely targets, besides Romney, are Ben Sasse of Nebraska, Susan Collins of Maine, Lisa Murkowski of Alaska and Pat Toomey of Pennsylvania. (Sasse and Collins have just won re-election, Toomey is not running again in 2022, and Murkowski has criticized Trump’s actions.)
Senate Minority Leader Mitch McConnell, R-Ky., Said he would keep an open mind, a departure from a year ago, when he declared the attempt dead before the proceedings began.
Some GOP leaders fail again.
“At this point, there will be no conviction. You can read the writing on the wall,” John Barrasso of Wyoming, the Senate’s third-ranked Republican, recently told CNN.
Will senators take out a procedure?
Many Republican senators have already shown that they do not want to defend Trump, but also do not want to vote to convict him.
And so it looks like a significant number of Republicans will try to take out a proceeding instead of justifying Trump’s actions in its favor.
Many have argued that the trial is unconstitutional because Trump is no longer president, and disagrees with scholars who have studied the issue, saying it is valid.
Last month, 45 Republicans voted in favor of a motion by Senator Rand Paul, R-Ky., Aimed at dismissing the trial as unconstitutional. They included McConnell, whose voice is crucial to any hope of conviction.
What, if there is anything, will we hear from Trump?
Trump is now without the tool he used during the previous indictment to try to influence the proceedings: his Twitter account.
On the second day of his 2020 trial, Trump pumped 140 tweets, including retweets, into his timeline. Now his account has been suspended, along with his Facebook and Instagram accounts. As a result, his attorneys will likely have to bear the burden.
Democrats have asked Trump to testify in person, an offer his lawyers turned down. Within his orbit, there was disagreement over whether to reiterate his baseless allegations that the election was stolen and whether to place the procedural argument that appeals to the nerves of the IDP.
His lawyers, David Schoen and Bruce Castor Jr., indicated that they would do the latter, saying in their order that the accusation was ‘unconstitutional and should be dismissed with prejudice’.
How will Democrats address a skeptical Senate?
The managers say they have a case that is open and closed. But they also know they are dealing with a Senate that includes many who want to acquit Trump for fear of losing their political careers.
The indictment, led by Maryland Representative Jamie Raskin, has been blamed on Trump ‘on his own’ for the violence and destruction that took place on January 6 in our seat of government. ‘
They will try to link the points of the riot with Trump’s rhetoric that falsely claims the election was stolen and his encouragement of the rioters.
In particular, the Democrats’ mandate also contains a section claiming that the unconstitutional claims are “wrong” and “dangerous.” They say the drafters of the Constitution did not want the country in its last days to be ‘virtually defenseless against the betrayal of a president’ or to create a ‘January exception’ for accusation or anything else in the Constitution .
No Chief Justice. Leahy lei. Harris breaks ties.
For the first time, the chief justice will not preside over a presidential indictment. Because Trump is no longer in the White House, the task goes to Patrick Leahy, D-Vt., The president of the Senate.
“It will be interesting,” Leahy said late last week. “I went through hundreds of pages of material in preparation – and spent the weekend on it.”
Two steps ahead of Leahy in the succession to the presidency is Vice President Kamala Harris, who may also be present during the trial. Although she will not be a constant presence, Democratic assistants say she will need to break procedures if they split 50-50, and she will probably not travel far from Washington until it is over.