Democrat Sen. Leahy to preside over trial

Impeachment of trump to begin Feb. 9

WASHINGTON • The U.S. House of representatives on Monday delivered to the Senate a charge accusing former president donald Trump with inciting insurrection in a speech to his supporters before the deadly attack on the Capitol, setting in motion his second impeachment trial.

Nine House democrats who will serve as prosecutors in the trial, following the clerk of the House and the acting sergeant at arms, carried the written accusation through the Capitol rotunda and to the Senate chamber, taking the same path of a mob of Trump supporters on Jan. 6 as they clashed with police.

The Senate is expected to start a trial on Feb. 9 on the article of impeachment.

The 100 senators are to serve as jurors in proceedings that could result in Trump’s disqualification from ever again serving as president.

Ten House republicans joined democrats in voting to impeach Trump on Jan. 13. Senate democrats will need the support of 17 republicans to convict him in the Senate, a steep climb given the continued allegiance to Trump among the republican Party’s conservative base of voters.

democrat Patrick Leahy, the Senate’s longest-serving member, said on Monday he will preside over the trial.

Although the Constitution calls upon the u.s. chief justice to preside over presidential impeachments, a senator presides when the impeached is not the current president, a Senate source said. First elected to the chamber in 1974, Leahy, 80, holds the title of Senate president pro tempore.

Chief Justice John roberts presided over the impeachment trial when the Senate, then controlled by Trump’s fellow republicans, acquitted Trump in February 2020 on charges of abuse of power and obstruction of Congress arising from his request that ukraine investigate current President Joe Biden and his son.

Leahy will still be able to vote in the trial, an aide said.

Some republicans questioned the arrangement. “How does a Senator preside, like a judge, and serve as juror too?” republican Sen. John Cornyn asked.

A number of republican lawmakers have objected to the impeachment, some arguing that it would be a violation of the Constitution to hold a trial now because Trump no longer serves as president.

Senate Majority Leader Chuck Schumer, a democrat, rejected that argument on Monday. “The theory that the Senate can’t try former officials would amount to a constitutional get-out-of-jail-free card for any president,” Schumer told the Senate.

The Senate is divided 5050, with democrats holding a majority because of the tie-breaking vote of Vice President Kamala Harris.