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Trump impeachment: When is his Senate trial and can he testify?

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image captionDonald Trump grew to turn out to be the first US president to be impeached twice

Donald Trump is about to face trial inside the US Senate for his operate inside the riot on the Capitol on 6 January. He says he is not going to give proof himself, so what can we depend on?

The earlier president is the first in US historic previous to have been charged with misconduct – or impeached – twice by the lower chamber of US Congress.

The Democratic-controlled Dwelling of Representatives accused Mr Trump of encouraging violence together with his false claims of election fraud and egging on a mob to storm the Capitol on 6 January.

Some Republicans moreover backed impeachment in that historic vote.

What happens subsequent?

The Senate trial of Mr Trump, a Republican, begins on Tuesday.

A two-thirds majority inside the Senate means a conviction.

If Mr Trump is convicted, senators might also vote to bar him from ever holding public office as soon as extra.

media captionDwelling delivers impeachment price in opposition to Donald Trump to the Senate

What’s the prosecution’s case?

Donald Trump is “personally accountable” for the riot and must be convicted, Democrats say.

In a pre-trial approved transient, they said his repeated refusal to concede the election led to an “incitement of insurrection in opposition to the republic he swore to protect”.

Mr Trump’s “statements turned his ‘wild’ rally on 6 January proper right into a powder keg able to blow”, they declare.

They will use his phrases and images from the riot to level out that “the furious crowd” was “primed (and prepared) for violence if he lit a spark”.

“The proof is apparent,” they wrote. “When completely different makes an try and overturn the primary election failed, former President Trump incited an assault on the Capitol.”

Although he’s no longer in office, they argue “a president ought to reply comprehensively for his conduct in office from his first day in office by the use of his closing”.

They identify for him to be disqualified from ever working for office as soon as extra.

What’s Trump’s safety?

Mr Trump’s workers will reject the case in opposition to him as unconstitutional, claiming that he’s a personal citizen who can no longer be deposed.

His attorneys argue that the Senate can’t act in opposition to him “on account of he holds no public office from which he will probably be eradicated”.

They can even declare his pre-riot remarks didn’t incite his supporters to assault the Capitol.

Mr Trump has rejected that allegation to this point, saying his suggestions have been “fully relevant”.

His approved workers reiterated that denial, saying “the article of impeachment misconstrues protected speech and fails to meet the constitutional customary for any impeachable offence”.

Of their very personal pre-trial transient, they identify for the case to be dismissed.

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Can he be tried now he has left?

It is not at all occurred sooner than, so it is untested and the US Construction wouldn’t say.

Impeachment negotiations in opposition to President Richard Nixon have been ended when he cease in 1974.

So Mr Trump could take his case to the Supreme Courtroom, claimed his trial was unconstitutional.

Some lower ranked officers have been impeached after leaving office.

Will Trump give proof?

That is truly what prosecutors wished. On Thursday, they despatched a letter inviting him to testify beneath oath “at a mutually useful time and place” subsequent week.

The Dwelling managers beneficial that they may cite Mr Trump’s silence as further proof that their allegations have been true.

Inside hours, nonetheless, the earlier president’s attorneys had rejected the request as a publicity stunt.

They made clear he wouldn’t testify voluntarily. The prosecutors do have the power to subpoena his testimony, nonetheless that’s considered unlikely.

Who can be involved inside the trial?

Supreme Courtroom Chief Justice John Roberts presided over the first impeachment trial of Mr Trump, nonetheless received’t accomplish that when extra.

Democratic Senator Patrick Leahy – third inside the line of main succession – will preside over the trial instead.

Prosecuting the case can be 9 Dwelling Democrats, usually known as the impeachment managers.

Mr Trump can be represented by two attorneys – Bruce Castor and David Schoen.

It stays unclear if he’ll add further people to his approved workers.

All 100 US senators have been sworn in as jurors inside the trial.

Would possibly Trump be convicted inside the Senate?

Democrats solely preserve half the 100 seats so they may require 17 Republicans to vote in opposition to someone from their very personal social gathering.

That is a extreme bar for a celebration that has largely remained publicly loyal to Mr Trump.

Nonetheless 10 Republicans inside the Dwelling supported impeachment and a handful of senators have indicated they’re open to it.

Remaining week, nonetheless, 45 out of fifty Senate Republicans voted in favor of a bid to dismiss the trial.

Would possibly Trump run for president as soon as extra if convicted?

If he’s convicted by the Senate, lawmakers ought to preserve one different vote to dam him from working for elected office as soon as extra – which he had indicated he consider to do in 2024.

This may increasingly very nicely be the most important consequence of this impeachment.

If he’s convicted, a simple majority of senators can be wished to dam Mr Trump from holding “any office of honor, perception or income beneath the US”.

So 50 senators plus a casting vote from Vice-President Kamala Harris can be ample to rattling Mr Trump’s hopes of political vitality.

This may increasingly very nicely be attention-grabbing to Republicans hoping to run for president in the end and individuals who want Mr Trump out of the social gathering.

What about completely different benefits?

There was talk about of Mr Trump shedding benefits granted to his predecessors beneath the 1958 Former Presidents Act, which includes a pension and medical insurance coverage, and in all probability a lifetime security factor at taxpayers’ expense.

Nonetheless, Mr Trump is extra prone to protect these benefits if he’s convicted after leaving office.

What was his first impeachment for as soon as extra?

That was over his dealings with Ukraine, although he denied any wrongdoing.

He was accused of pressing the nation’s chief to open an investigation into Mr Biden, then his rising rival for the White Dwelling, and his son Hunter.

Mr Trump appeared to utilize navy assist as leverage. He was impeached by the Dwelling and cleared by the then Republican-controlled Senate.