Trial to emphasize comments before riot
WASHINGTON — President Donald Trump’s historic second impeachment could go to trial as soon as Inauguration Day, with U.S. senators serving not only as jurors but as shaken personal witnesses and victims of the deadly siege of the Capitol by a mob of Trump’s supporters.
Trump is the only president to be twice impeached, and he is the first to be prosecuted as he leaves the White House, an ever-more-extraordinary end to the defeated president’s tenure.
In pursuing conviction, House impeachment managers said Thursday that they will be making the case that Trump’s incendiary rhetoric hours before the bloody attack on the Capitol was not isolated but rather part of an escalating campaign to overturn the Nov. 3 election results. It culminated, they will argue, in the Republican president’s rally cry to “fight like hell” as Congress was tallying the Electoral College votes to confirm he’d lost to Democrat Joe Biden.
The trial could begin shortly after Biden takes the oath of office Wednesday, but some Democrats are pushing for a later trial to give the new president time to set up his administration and work on other priorities. No date has been set.
Already, National Guard troops have flooded Washington, D.C., and are protecting the Capitol amid warnings of more violence ahead of the inaugural. It’s a far different picture, because of the COVID-19 pandemic as well as the threats of violence, from the traditional pomp and peaceful transfer of power.
Whenever the impeachment trial starts, it will force a further reckoning for the Republican Party and the senators who largely stood by Trump throughout his presidency and allowed him to spread false attacks against the 2020 election. Last week’s assault angered lawmakers, stunned the nation and flashed unsettling imagery around the globe, the most serious breach of the Capitol since
the War of 1812 and the worst by homegrown intruders.
“The only path to any reunification of this broken and divided country is by shining a light on the truth,” said Rep. Madeleine Dean, D-Pa., who will serve as an impeachment manager.
“That’s what the trial in the Senate
will be about,” she said Thursday.
Trump was impeached Wednesday by the House on a single charge, incitement of insurrection, in lightning-quick proceedings just a week after the siege. Ten Republicans joined all Democrats in the 232-197 vote to impeach.
Senate Republican leader Mitch McConnell is open to considering impeachment, having told associates he is done with Trump, but he has not signaled how he would vote. McConnell continues to hold great sway in his party, though convening the trial next week could be among his last acts as majority leader as Democrats prepare to take control of the Senate.
No president has ever been convicted in the Senate, and it would take a two-thirds vote against Trump, an extremely high hurdle. Two new senators from Georgia, both Democrats, are to be sworn in, leaving the chamber divided 50-50. That will tip the majority to the Democrats once Kamala Harris takes office. The vice president is the tie breaker.
But conviction of Trump is not out of the realm of possibility, especially as corporations and wealthy political donors distance themselves from his brand of politics and the Republicans who stood by his attempt to overturn the election.
Sen. Lisa Murkowski, R-Alaska, said Thursday that “such unlawful actions cannot go without consequence.” She said in a statement that the House responded “appropriately” with impeachment and that she will consider the trial arguments.
At least four Republican senators have publicly expressed concerns about Trump’s actions, but others have signaled their preference to move on. Sen. Tom Cotton, R-Ark., issued a statement saying he opposes impeachment against a president who has left office. Trump ally Lindsey Graham of South Carolina is building support for an alternative of launching a commission to investigate the siege.
Ahead of opening arguments, Democratic Rep. Eric Swalwell of California, another impeachment manager, suggested senators will be asked to focus on their own experiences the day of the attack.
“You don’t have to tell anyone who was in the building twice what it was like to be terrorized,” Swalwell said.
The riot delayed the tally of Electoral College votes that was the last step in finalizing Biden’s victory, as lawmakers fled for shelter and as police, guns drawn, barricaded the doors to the House chamber.
A Capitol Police officer died from injuries suffered in the attack, and police shot and killed a woman. Three other people died in what authorities said were medical emergencies.
Under Senate procedure, the trial is to start soon after the House delivers the article of impeachment. The soonest the calendar has senators back in session is Tuesday.
House Speaker Nancy Pelosi, RCalif., has not said when she will take the crucial next step to transmit the impeachment article to the Senate. After Trump’s first impeachment, in 2019, she withheld the articles for some time to set the stage for Senate action.
Biden has said the Senate should be able this time to split its work, starting the trial and working on his priorities, including swift confirmation of his Cabinet nominees.