McConnell seeks later Trump trial
Republican leader wants Senate to wait till next month to hear impeachment case.
The Senate GOP leader pushes for a February start to hearing the ex-president’s impeachment case.
WASHINGTON — Former President Trump’s Senate impeachment trial is unlikely to get started for days if not weeks as Republicans try to give Trump time to put together a legal team to defend himself against a charge of inciting an insurrection in the U.S. Capitol.
It is not yet clear whether Senate Democrats and Speaker Nancy Pelosi (DSan Francisco), who controls when the article of impeachment moves from the House to the Senate, will go along with the request.
Senate Minority Leader Mitch McConnell (R-Ky.) is expected to pitch Senate Majority Leader Charles E. Schumer (D-N.Y.) on starting the trial in February.
McConnell’s proposal calls for pretrial proceedings, such as the swearing in of senators and issuance of a summons to Trump, to take place Jan. 28. From there, briefs would be due Feb. 4 and Feb. 11, giving Trump’s team a total of 14 days to prepare briefs. The House impeachment managers would reply Feb. 13.
A trial would presumably begin after that. Some are pushing for a vastly abbreviated three-day trial, with 12 hours of arguments for each side. But no decisions have been made. A spokesman for Schumer said the proposal is under review.
Republicans and Democrats have expressed support for giving Trump time to find legal representation. The Office of White House Counsel, along with private attorneys, represented Trump in his first impeachment trial last year. But as a former president, he will need to find new lawyers.
“He has a right to defend himself,” said Sen. Shelley Moore Capito (R-W.Va.) after Senate Republicans discussed timing on a conference call Thursday. “I don’t think this is something that we should rush into when you’re talking about the gravity of it.”
Sen. Lindsey Graham (R-S.C.), who is close with Trump, said McConnell’s timeline is “acceptable to the former president’s legal team.” Graham, who spoke to Trump on Thursday, said South Carolina lawyer Butch Bowers would lead the defense.
The trial timing is one of two major points of negotiation between McConnell and Schumer as Democrats take control of the Senate for the first time since 2015.
The chamber is now divided 50-50 with Democrats in control because of the tiebreaking power of Vice President Kamala Harris. Because of the even split, the leaders need to come to an agreement on how the Senate will operate, such as how many senators will sit on committees.
Schumer and McConnell met in person this week, but both reported little progress. It is unknown when they will meet to negotiate further.
McConnell is demanding as part of the deal that Democrats also agree to preserve the legislative filibuster — which essentially requires 60 votes to advance a bill. Democrats have not agreed, fearing it would allow Republicans to block much of Biden’s agenda.
Until the resolution is done, the Senate is operating in a sense of limbo. Schumer and Democrats control the chamber, but committees are operating under last year’s rules, meaning Republicans are still chairing them.