Trump impeachment goes to Senate, testing his sway over GOP
House Democrats delivered the impeachment case against Donald Trump to the Senate late Monday for the start of his historic trial, but Republican Senators, whose denunciations of Trump have cooled since the January 6 riot, were easing off their criticism of Trump and shunning calls to convict him over the deadly siege at the Capitol. It's a sign of Trump's enduring sway over them.
Republicans are questioning the legitimacy of the trial
The nine House prosecutors carried the sole impeachment charge of "incitement of insurrection" across the Capitol, making a solemn and ceremonial march to the Senate along the same halls the rioters ransacked. However, Republicans are presenting a tangle of legal arguments against the legitimacy of the trial and questioning whether Trump's repeated demands to overturn President Joe Biden's election really amounted to incitement.
Trump has already been held accountable: Senator Cornyn
Senator John Cornyn asked, "If Congress starts holding impeachment trials of former officials, what's next: Could we go back and try President Obama? One way in our system you get punished is losing an election." Cornyn further suggested that Trump has already been held accountable.
What are the Republicans worried about?
Although some Democrats consider it an open-and-shut case that played out for the world on live television, Republicans find themselves in the midst of balancing the demands of deep-pocketed donors who are distancing themselves from Trump and voters who demand loyalty to him. Further, Republican Senator Rob Portman of Ohio announced he would not seek re-election in 2022, citing the polarized political atmosphere.
The trial poses challenges for Democrats
Arguments in the Senate trial will begin the week of February 8, giving Trump's new legal team time to prepare its case, while also providing more than a month's distance from the passions of the bloody riot. However, the trial, so early in Biden's presidency, poses its own challenges to the Democrats.
The impeachment trial has to happen: Biden
The Democrats now have to balance between their vow to hold Trump accountable and their delivery on the new administration's priorities following their sweep of control of the House, Senate, and White House. Biden told CNN late Monday that the impeachment trial has to happen. While acknowledging it could affect his agenda, he said there would be a worse effect if it didn't happen.
Rep. Raskin stood before Senate to read the House resolution
Biden added he didn't think enough Republican Senators would vote for impeachment to convict, though he also said the outcome might well have been different if Trump had six months left in his term. The lead prosecutor from the House, Rep. Jamie Raskin of Maryland, stood before the Senate to read the House resolution charging high crimes and misdemeanors.
Members of the Democratic party question the Republicans
Earlier, Senate Majority Leader Chuck Schumer said failing to conduct the trial would amount to a jail-free card for others accused of wrongdoing on their way out the door. Meanwhile, Senator Chris Coons questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a stunning violation of the nation's history of peaceful transfers of power.
Senator Patrick Leahy to preside at the trial
Unlike the last impeachment trial, Chief Justice John Roberts will be replaced by Senator Patrick Leahy to preside at the trial. The shift is said to be in keeping with protocol because Trump is no longer in office.
How many Republican votes are required to convict Trump?
An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate and the House approved the charge against Trump on January 13, with 10 Republicans joining the Democrats. Still, the mounting Republican opposition indicates that many GOP Senators will vote to acquit Trump. Democrats would need the support of 17 Republicans, a high bar to convict him.