Here’s what to expect as Donald Trump’s 2nd impeachment trial gets underway

WASHINGTON — The first order of business at ex-President Donald Trump’s second impeachment trial, to start Tuesday, will be Senate Democrats voting to defeat Trump’s bid to declare the proceeding unconstitutional.

New details emerged on the eve of the trial Monday about how the fourth impeachment trial in the nation’s history will be structured, under a deal negotiated between Senate Majority Leader Chuck Schumer and Minority Leader Mitch McConnell.

Trump’s first impeachment trial ended in an acquittal on Feb. 5, 2020, and I wrote a year ago he emerged from it “unrestrained and unrepentant,” a sturdy phrase that unfortunately met the test of time. Trump faces one count, of “incitement of insurrection,” spurring a mob to attack the Capitol as Congress on Jan. 6 was tallying the electoral votes making Joe Biden the president.

The trial kicks off at noon Chicago time. It takes a supermajority for a conviction. It is a long shot that the 50 Democrats, presuming they stick together, will find 17 Republicans to join them.

Here are some more things to know:

Why have the trial if Trump is out of office?

Democrats cite two reasons for a trial to proceed.

1. A trial will make an official record for history about the Capitol siege. Subsequent investigations and trials may turn up more information. This is the beginning of an official chronicle of a bid to overturn a presidential election.

2. If Trump is convicted, the Senate’s next step will be to vote to ban him from holding office ever again, for which only a majority is needed. Trump, out of office, retains his grip over the Republican party. Trump’s political power could hold even if Trump were prevented from running again.

What about the constitutionality of the trial?

Tuesday will be devoted to arguing this point — four hours each for the House impeachment managers and Trump’s lawyers, who seek to dismiss the impeachment as “political theater.”

The centerpiece of Trump’s defense, as laid out in a 75-page trial memo filed Monday, is that the Senate lacks jurisdiction because Trump “holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office ... under our Constitution.”

After the arguments on the constitutionality of the trial, there will be a vote to proceed; only a majority is needed.

If this sounds familiar, here’s why.

Sen. Rand Paul, R-Ky., tried to block the trial last month by raising a constitutional point of order. His bid was tabled on a 55-45 roll call.

The underlying substance of Paul’s constitutional argument was never heard. That will happen Tuesday. But the vote on Paul’s procedural point was an excellent indicator that while there are enough votes to uphold the constitutionality of the trial, Democrats won’t find 17 Republicans to convict.

What makes this impeachment different from the three others?

Because the trial is at the crime scene — the mob invaded the Senate chamber and the 100 senators are witnesses to the siege where five people died.

And a quick reminder about the other three presidential impeachment trials, all ending in acquittal: Presidents Andrew Johnson, 1868; Bill Clinton, 1999; Trump, 2020.

Will there be witnesses?

Trump already rejected a request to voluntarily testify, and it is not absolutely clear if he can be forced. As for other witnesses, the House impeachment managers have not yet shown their hand. That will be decided after opening arguments Wednesday where each side will have up to 16 hours to make their case. It will take a majority Senate vote to subpoena witnesses and documents.

Does President Joe Biden want witnesses? Will he watch? Does he have a preference for how long the trial should be or if he wants Trump convicted?

Reporters took multiple stabs at these questions during the Monday briefing with White House Press Secretary Jen Psaki.

Biden was just sworn-in Jan. 20, and has his hands more than full with the COVID-19 crisis and passing a $1.9 trillion rescue package.

Psaki said, “I think it’s clear from his schedule, and from his intention, he will not spend too much time watching the proceedings of — any time over the course of this week. He will remain closely in touch with Speaker Pelosi, Leader Schumer, a range of officials on the Hill about his plan. And that’s exactly what they want him to do, is to remain focused on that.

“And he will leave the pace and the process and the mechanics of the impeachment proceedings up to members of Congress.”