second impeachment trial of Donald Trump
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The second
impeachment trial An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
of
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
, the 45th
president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
, began on February 9, 2021, and concluded with his acquittal on February 13. Trump had been impeached for the second time by the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on January 13, 2021. The House adopted one
article of impeachment An article of impeachment is a documented statement which specifies the charges to be tried in an impeachment trial as a basis for removing an officeholder. Articles of impeachment are an aspect of impeachment processes of many governments that uti ...
against Trump:
incitement of insurrection Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establis ...
. He is the only
U.S. president The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
and only federal official to be impeached twice. He was impeached by the House seven days prior to the expiration of his term and the
inauguration of Joe Biden The inauguration of Joe Biden as the 46th president of the United States took place on Wednesday, January 20, 2021, marking the start of the four-year term of Joe Biden as president and Kamala Harris as vice president. The 59th presidential ...
. Because he left office before the trial, this was the first impeachment trial of a former president. The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results (including his claims of election fraud and his efforts to pressure election officials in Georgia) and stated that Trump incited the attack on the
Capitol A capitol, named after the Capitoline Hill in Rome, is usually a legislative building where a legislature meets and makes laws for its respective political entity. Specific capitols include: * United States Capitol in Washington, D.C. * Numerous ...
in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, while
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
was convened to count the electoral votes and certify the victory of Joe Biden and Kamala Harris. At the beginning of the trial, Senator Rand Paul forced a vote to dismiss the impeachment charge on the basis that it was
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
to try a former president, arguing that impeachment only applies to current federal officers and that the punishment of removal from office was moot under the circumstances. Supporters of proceeding with the trial argued that the Constitution also permits disqualification from holding future office, which the House had requested in its article of impeachment. The motion was defeated in a 55–45 vote, with all Democrats, both independents, and five Republicans (
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Con ...
of Maine,
Lisa Murkowski Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after Su ...
of Alaska, Mitt Romney of Utah,
Ben Sasse Benjamin Eric Sasse ( ; born February 22, 1972) is an American politician and academic administrator serving as the junior United States senator for Nebraska since 2015. He is a member of the Republican Party. Born in Plainview, Nebraska, Sa ...
of Nebraska, and
Pat Toomey Patrick Joseph Toomey Jr. (born November 17, 1961) is an American businessman and politician serving as the junior United States senator for Pennsylvania since 2011. A member of the Republican Party, he served three terms as the U.S. representat ...
of Pennsylvania) voting against the motion. This was the first time that a former president had been tried, and only the second time the Senate tried someone who had already left office, after Secretary of War William W. Belknap in 1876.
Jamie Raskin Jamin Ben Raskin (born December 13, 1962) is an American attorney and politician serving as the U.S. representative for Maryland's 8th congressional district since 2017. A member of the Democratic Party, he served in the Maryland State Senate ...
was the lead impeachment manager and the primary authoralong with Representative
David Cicilline David Nicola Cicilline (; born July 15, 1961) is an American lawyer and politician serving as the U.S. representative for since 2011. A member of the Democratic Party, he was the 36th mayor of Providence from 2003 to 2011, the first openly ...
and Representative
Ted Lieu Ted W. Lieu (; born March 29, 1969) is an American politician and Air Force Reserve Command colonel who has represented California's 33rd congressional district in the U.S. House of Representatives since 2015. The district includes much of wes ...
of the impeachment article, which charged Trump with inciting an insurrection by sparking the Capitol attack. Joaquin Castro,
Eric Swalwell Eric Michael Swalwell (born November 16, 1980) is an American lawyer and politician serving as the U.S. representative for California's 15th congressional district since 2013. His district covers most of eastern Alameda County and part of centr ...
,
Madeleine Dean Madeleine Dean Cunnane (born June 6, 1959) is an American lawyer and politician serving as the U.S. representative for Pennsylvania's 4th congressional district. The district includes almost all of Montgomery County, a suburban county north of ...
, and
Stacey Plaskett Stacey Elizabeth Plaskett (; born May 13, 1966) is an American politician, attorney, and commentator. She is the delegate to the United States House of Representatives from the United States Virgin Islands' (USVI) at-large congressional distric ...
also assisted in delivering the oral arguments for conviction. Trump's defense was led by
Michael van der Veen Michael Thomas van der Veen (born September 16, 1963) is an American attorney who specializes in personal injury law. He represented former president Donald Trump during his second impeachment trial in the United States Senate, which resulted in ...
, a
personal injury lawyer A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury la ...
from
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, along with David Schoen and
Bruce Castor Bruce Lee Castor Jr. (born October 24, 1961) is an American lawyer and retired Republican Party (United States), Republican politician from Montgomery County, Pennsylvania. He was appointed as the first Solicitor General of Pennsylvania in March ...
. Van der Veen's style and substance during the trial drew ridicule and criticism from many, with gasps and laughter in the Senate when he stated that he would seek to depose at least 100 people at his Philadelphia office, including Speaker of the House of Representatives
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
and
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
Kamala Harris Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who is the 49th vice president of the United States. She is the first female vice president and the highest-ranking female official in U.S. history, as well ...
. Trump had originally hired Butch Bowers and Deborah Barbier to represent him, but they quit along with three other lawyers after "the former president wanted the lawyers representing him to focus on his allegations of mass election fraud" and his false claim that "the election was stolen from him." At the conclusion of the trial, the Senate voted 57–43 to convict Trump of inciting insurrection, falling 10 votes short of the two-thirds majority required by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
, and Trump was therefore acquitted. Seven Republican senators joined all Democratic and independent senators in voting to convict Trump, the largest bipartisan vote for an impeachment conviction of a U.S. president or former U.S. president. After the vote on the acquittal, Mitch McConnell said it is no doubt that Trump is practically and morally responsible for inciting the events at the Capitol but he voted against conviction due to his interpretation of the United States Constitution.


Background

Under the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, the House has the sole power of impeachment ( Article I, Section 2, Clause 5), and after that action has been taken, the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
has "the sole Power to try all Impeachments" ( Article I, Section 3, Clause 6). Trump was the third U.S. president to face a Senate impeachment trial, after
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
and
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
. Trump is the only federal official to be impeached twice. The Senate impeachment trial procedures are set forth under rules adopted in 1986, although specific rules are adopted for each trial, with the
Senate majority leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding t ...
exercising considerable power in setting the procedures.


House impeachment

On January 11, 2021, Representatives
David Cicilline David Nicola Cicilline (; born July 15, 1961) is an American lawyer and politician serving as the U.S. representative for since 2011. A member of the Democratic Party, he was the 36th mayor of Providence from 2003 to 2011, the first openly ...
,
Jamie Raskin Jamin Ben Raskin (born December 13, 1962) is an American attorney and politician serving as the U.S. representative for Maryland's 8th congressional district since 2017. A member of the Democratic Party, he served in the Maryland State Senate ...
, and
Ted Lieu Ted W. Lieu (; born March 29, 1969) is an American politician and Air Force Reserve Command colonel who has represented California's 33rd congressional district in the U.S. House of Representatives since 2015. The district includes much of wes ...
introduced an
article of impeachment An article of impeachment is a documented statement which specifies the charges to be tried in an impeachment trial as a basis for removing an officeholder. Articles of impeachment are an aspect of impeachment processes of many governments that uti ...
against Trump, charging him with "incitement of insurrection" in urging his supporters to march on the Capitol building. The article stated that Trump had committed
high crimes and misdemeanors The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds th ...
by making several statements that "encouragedand foreseeably resulted inlawless action" that interfered with Congress' constitutional duty to certify the election. It said he had "threatened the integrity of the democratic system, interfered with the
peaceful transition of power A peaceful transition or transfer of power is a concept important to democratic governments in which the leadership of a government peacefully hands over control of government to a newly-elected leadership. This may be after elections or during t ...
, and imperiled a coequal branch of Government" in a way that rendered him "a threat to national security, democracy, and the Constitution". A total of 218 of the 222 House Democrats co-sponsored the article of impeachment, assuring its passage. The House passed the article of impeachment on January 13, 2021, by a 232–197 vote. All 222 Democrats voted to impeach, joined by 10 Republicans (including
House Republican Conference The House Republican Conference is the party caucus for Republicans in the United States House of Representatives. It hosts meetings and is the primary forum for communicating the party's message to members. The Conference produces a daily pub ...
chairwoman
Liz Cheney Elizabeth Lynne Cheney (; born July 28, 1966) is an American attorney and politician who has been the U.S. representative for since 2017, with her term expiring in January 2023. She chaired the House Republican Conference, the third-highest p ...
). Four Republicans did not vote, and the other 197 Republicans voted no.


Trial delay and planning

In the days following Trump's second impeachment,
Senate Majority Leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding t ...
Mitch McConnell (R-KY) argued that, because the Senate was in ''pro forma'' sessions until January 19, it could not take on any business without the
unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
of its members. According to Senate rules, once articles of impeachment are presented to the Senate, the Senate trial must begin the next day. Had the article of impeachment been immediately transmitted to the Senate, Trump's trial thus would have begun on Inauguration Day, after Joe Biden was sworn in.
Senate Minority Leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding ...
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
(D-NY) called on McConnell to bring the Senate back into session immediately after the House transmitted the article of impeachment, and also to advance the confirmation process for Biden's cabinet nominees so that the incoming administration's team would be in place on day one. Some, including House Majority Whip
Jim Clyburn James Enos Clyburn (born July 21, 1940) is an American politician and retired educator serving as a Democratic member of the U.S. House of Representatives from South Carolina. He has served as House Majority Whip since 2019. He is a two-time m ...
(D-SC), initially suggested that the House might transmit the article of impeachment to the Senate at a later date (possibly after Biden's first 100 days as president), giving the Senate time to consider Biden's legislative program and confirm his nominees. However, House Democrats opposed a delay, stating that Trump remained a danger while he was in office, and House Majority Leader Steny Hoyer (D-MD) said on January 14 that the article of impeachment would be transmitted to the Senate without delay. After the House impeached Trump, President-elect Biden stated, "I hope that the Senate leadership will find a way to deal with their constitutional responsibilities on impeachment while also working on the other urgent business of this nation." Biden said his priority is enacting a new stimulus bill and rebuilding the economy. He discussed with McConnell the possibility of "bifurcating" the Senate calendar, allowing the trial to proceed while also allowing other business (such as nominations and legislation) to move forward without delay. Under this plan, the Senate could split its days between the trial and other business, rather than having all its time consumed by the trial. Former Senate Parliamentarian
Alan Frumin Alan Scott Frumin (; born December 26, 1946) is a former parliamentarian of the United States Senate. Career A 1968 graduate of Colgate University in Hamilton, New York and Georgetown University Law Center, Frumin's entire career has been spe ...
said that Senate rules would permit such a course. McConnell told Biden that he would consult with the
Senate parliamentarian The Parliamentarian of the United States Senate is the official advisor to the United States Senate on the interpretation of Standing Rules of the United States Senate and parliamentary procedure. Incumbent parliamentarian Elizabeth MacDonough ...
. Schumer, who would replace McConnell as Senate majority leader, said that a Senate trial could begin immediately. Law professor Ronald Krotoszynski wrote that the Senate could speed up impeachment proceedings (completing the process in a few days, rather than a few weeks) through a process akin to civil
summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes ...
. This would be permissible under the Constitution, which specifies that the Senate must "try" articles of impeachment and vote to convict (remove) by a two-thirds majority, but allows the Senate to set its own trial rules or procedures, as reaffirmed by the U.S. Supreme Court in '' Nixon v. United States'' (1993). On January 22, 2021, it was announced that House Speaker
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
would transfer the article of impeachment to the Senate on January 25, with the Senate trial expected to be held during the week of February 8.


Impeachment trial of a former president

A
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
report concluded "that while the matter is open to debate, the weight of scholarly authority agrees that former officials may be impeached and tried." Ahead of the trial, 150 legal scholars from across the political spectrum published a letter affirming "that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents." Law professors Laurence H. Tribe and Stephen I. Vladeck argued that because removal from office is only one of the two possible consequences of a conviction (the other being disqualification from holding public office), the purpose of the trial is not nullified if the impeached person no longer holds public office. Gregg Nunziata, a former Republican lawyer for the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
, similarly noted that because impeachment power includes the power to disqualify the person from federal office for life, allowing officeholders to evade this by resigning would render "this important punishment ... a nullity." Leading conservative lawyer
Charles J. Cooper Charles J. "Chuck" Cooper (born March 8, 1952 in Dayton, Ohio) is an appellate attorney and litigator in Washington, D.C., where he is a founding member and chairman of the law firm Cooper & Kirk, PLLC. He was named by ''The National Law Jou ...
agreed, writing in the ''
Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' the weekend before the trial that there is no Constitutional prohibition against a post-presidency trial.
Cardozo School of Law The Benjamin N. Cardozo School of Law is the law school of Yeshiva University. Located in New York City and founded in 1976, the school is named for Supreme Court Justice Benjamin N. Cardozo. Cardozo graduated its first class in 1979. An LL.M. ...
constitutional law professor Kate Shaw argued that "drafting history, impeachment practice, and basic constitutional design all point clearly in favor of the constitutionality of trying an ex-president." Legal scholar Brian C. Kalt, who has published research about late impeachments, stated, "In multiple cases, the House and Senate have proceeded as though they can impeach and try people who have already left office, and in one case the Senate took a specific vote to that effect." There is precedent for impeaching and trying a federal official who already left office ("late impeachment"). In 1797, the House impeached Senator
William Blount William Blount (March 26, 1749March 21, 1800) was an American Founding Father, statesman, farmer and land speculator who signed the United States Constitution. He was a member of the North Carolina delegation at the Constitutional Convention o ...
for conspiracy. The Senate tried him, even though it had already expelled him. In 1876, Secretary of War William W. Belknap resigned hours before the House voted for his impeachment on charges relating to his role in the
trader post scandal The trader post scandal, or Indian Ring, took place during Reconstruction and involved Secretary of War William W. Belknap and his wives receiving kickback payments from a Fort Sill tradership contract. In 1870, Belknap was granted the sole ...
, and the Senate proceeded to hold a trial, ruling by a vote of 37–29 that it did have jurisdiction after a challenge by Belknap's attorneys. Before the trial began, most Republicans in the Senate argued that the Senate lacks the constitutional authority to conduct an impeachment trial of a former president. This argument was also made by former federal appellate judge
J. Michael Luttig John Michael Luttig ( ; born June 13, 1954) is an American corporate lawyer and jurist who was a U.S. federal judge on the U.S. Court of Appeals for the Fourth Circuit from 1991 to 2006. Luttig resigned his judgeship in 2006 to become general coun ...
, as well as one of Trump's lawyers at his first impeachment trial,
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
professor emeritus
Alan Dershowitz Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appoin ...
, and law professor
Jonathan Turley Jonathan Turley is an American attorney, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism. A professor at George Washington University Law School, he has testified in United States Congressional proceedi ...
, who testified in Trump's favor at his first trial.


Officers of the trial


Presiding officer

Senate Majority Leader
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
said that Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
had declined to preside over the trial because he believed that the chief justice only presided when the current president was tried.
Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...
,
president pro tempore of the Senate A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being". ...
, presided over the trial, in place of Vice President
Kamala Harris Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who is the 49th vice president of the United States. She is the first female vice president and the highest-ranking female official in U.S. history, as well ...
, the ''ex officio'' president of the Senate, who might have involved herself if any tie-breaking votes were needed. Prior to the selection of Leahy as presiding officer, there was debate as to who constitutionally should hold that role. Article I, Section 3, Clause6 of the U.S. Constitution states that the Senate has the sole power to try impeachments and that "When the President of the United States is tried the Chief Justice shall preside." Various commentators questioned whether the chief justice must preside over the trial of ''former'' presidents. Political scientist Keith Whittington noted that the issue is "unsettled, completely without precedent, and unspecific in existing Senate rules and precedents." The University of North Carolina law professor Michael Gerhardt, an expert on impeachment, said he believed that if the impeachment trial began after Trump left office, Harris, as opposed to Roberts, would preside. Conversely, University of Texas law professor Steve Vladeck said that "the question should be whether the impeached officer was President at the time of impeachment", and thus that Roberts should preside even after Trump left office. Vladeck pointed out that "if Trump resigned (or his term ended) mid-trial, it would be more than a little odd for the Chief Justice to give way to the Vice President." Georgia State University law professor Neil Kinkopf argued that "a trial of a President (even a former President) is a momentous event and having the Chief Justice preside seems more congruent with, or more fitting of, the occasion."


House managers

On January 12, the day before the House debated the article of impeachment, Pelosi named nine Democratic representatives to be managers in the Senate trial: Raskin (lead manager), Cicilline, Lieu,
Diana DeGette Diana Louise DeGette (; born July 29, 1957) is an American lawyer and politician serving as the U.S. representative for since 1997. A member of the Democratic Party, her district is based in Denver. DeGette was a Chief Deputy Whip from 2005 ...
, Joaquin Castro,
Eric Swalwell Eric Michael Swalwell (born November 16, 1980) is an American lawyer and politician serving as the U.S. representative for California's 15th congressional district since 2013. His district covers most of eastern Alameda County and part of centr ...
,
Joe Neguse Joseph D. Neguse ( ; born May 13, 1984) is an American lawyer and politician serving as the U.S. representative for Colorado's 2nd congressional district since 2019. The district is based in Boulder and includes many of Denver's northwestern s ...
,
Madeleine Dean Madeleine Dean Cunnane (born June 6, 1959) is an American lawyer and politician serving as the U.S. representative for Pennsylvania's 4th congressional district. The district includes almost all of Montgomery County, a suburban county north of ...
, and
Stacey Plaskett Stacey Elizabeth Plaskett (; born May 13, 1966) is an American politician, attorney, and commentator. She is the delegate to the United States House of Representatives from the United States Virgin Islands' (USVI) at-large congressional distric ...
. The managers were chosen for their expertise in constitutional law, civil rights, and criminal justice. Raskin is a former constitutional law professor at American University; Lieu is a former military prosecutor in the
United States Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
; Cicilline is a former public defender; Swalwell is a former prosecutor in California; DeGette is a former civil rights attorney; and Castro, Neguse, Dean, and Plaskett are all former lawyers in private practice. Democrats relied on many of the same lawyers and aides who helped assemble the first impeachment trial case, including Susanne Sachsman Grooms from the House Oversight and Reform Committee, and Aaron Hiller, Arya Hariharan, Sarah Istel and Amy Rutkin from the Judiciary Committee. The House also temporarily called back Barry H. Berke, a seasoned New York defense lawyer, to serve as chief counsel, along with Joshua Matz, a constitutional expert.


Trump counsel

It was initially unclear who would be on Trump's legal team, as numerous prominent law firms had refused to represent him.
The Lincoln Project The Lincoln Project is an American political action committee (PAC) formed in late 2019 by former and current moderate Republicans. During the 2020 presidential election, it aimed to prevent the re-election of Donald Trump and defeat all Rep ...
had publicly pressed law firms not to do so. ''
Law & Crime Daniel Abrams (born May 20, 1966) is an American media entrepreneur, television host, legal commentator, and author. He is currently the host of the prime-time show ''Dan Abrams Live'' on NewsNation, ''On Patrol: Live'' on Reelz and ''The Dan Ab ...
'' reported that "essentially all respectable law firms and attorneys" were distancing themselves from him.
Rudy Giuliani Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 198 ...
, as Trump's personal lawyer, was left out of early conversations about the upcoming defense, and Trump ordered his aides to stop paying Giuliani. On January 18, one day after meeting with Trump, Giuliani said he would not represent him, stating, "Because I gave an earlier speech t the rally I am a witness and therefore unable to participate in court or in the Senate chamber." Similarly,
John Eastman John Charles Eastman (born 1960) is an American lawyer who is the founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the conservative think tank Claremont Institute. He is a former profe ...
, who joined Giuliani on stage at the January 6 rally, was initially considered for a role on Trump's defense team, but he withdrew because his role at the rally made him a witness. Dershowitz,
Pat Cipollone Pasquale Anthony "Pat" Cipollone (born May 6, 1966) is an American attorney who served as White House Counsel for President Donald Trump. Early life Cipollone's father was an Italian immigrant and factory worker; his mother was a homemaker. He ...
, and
Jay Sekulow Jay Alan Sekulow (; born June 10, 1956) is an American lawyer, radio, television talk show host and politically conservative media personality. He has been chief counsel of the American Center for Law & Justice (ACLJ) since 1991. As a member of Pr ...
, who helped lead Trump's defense effort during his first impeachment trial, also declined to represent him. Other lawyers who defended Trump during his first impeachment trial, including former
Florida Attorney General The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs. The office is one of Florida's t ...
Pam Bondi Pamela Jo Bondi (born November 17, 1965) is an American attorney, lobbyist, and politician. A Republican, she served as the 37th Florida attorney general from 2011 to 2019, the first woman elected to the office. In 2020, Bondi was one of Presid ...
, Eric Herschmann, Patrick Philbin, and
Marc Kasowitz Marc Elliot Kasowitz (; born June 28, 1952) is an American trial lawyer and partner of the New York-based law firm Kasowitz Benson Torres, which he co-founded in 1993. He has represented companies such as TPG, Douglas Elliman Realty, Teva Pharmac ...
, said they were not interested in joining the defense for the second trial. Some of them privately expressed their belief that Trump's actions were indefensible. Trump and congressional Republicans considered designating two of Trump's most vociferous defenders in Congress
Jim Jordan James Daniel Jordan (born February 17, 1964) is an American politician currently serving in his ninth term in the U.S. House of Representatives as the representative for since 2007. A member of the Republican Party, he is a two-ti ...
and
Elise Stefanik Elise Marie Stefanik (; born July 2, 1984) is an American politician serving as the U.S. representative for since 2015. As chair of the House Republican Conference since 2021, she is the third-ranking House Republican. Stefanik's district cover ...
to represent him, even though neither is an attorney. Congressman
Matt Gaetz Matthew Louis Gaetz II ( ; born May 7, 1982) is an American lawyer and politician who has served as the U.S. representative for since 2017. A Republican, he has been described as an ally of former president Donald Trump, as well as a proponen ...
suggested he would resign his position in Congress to represent Trump if asked to be part of the legal team. Both Jordan and Stefanik had voted to reject electoral votes for Biden, even after the president's supporters stormed the Capitol on January 6. In late January, Trump formed a defense team of five attorneys to be led by Butch Bowers, a
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
-based lawyer who helped former South Carolina governor
Mark Sanford Marshall Clement "Mark" Sanford Jr. (born May 28, 1960) is an American politician and author who served as the U.S. Representative for South Carolina's 1st congressional district from 1995 to 2001 and again from 2013 to 2019, and also as the ...
fight off being removed from office and who also helped former South Carolina Governor Nikki Haley during an ethics investigation. Senator
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on ...
of South Carolina had arranged Trump's hiring of Bowers. Subsequently, four more lawyers were named to the defense team under Bowers: Deborah Barbier, a
Columbia, South Carolina Columbia is the capital of the U.S. state of South Carolina. With a population of 136,632 at the 2020 census, it is the second-largest city in South Carolina. The city serves as the county seat of Richland County, and a portion of the city ...
, criminal defense lawyer and former federal prosecutor who has represented high-profile, controversial clients; former acting U.S. Attorney General Johnny Gasser; criminal defense attorney Greg Harris; and Josh Howard of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
. However, the defense attorneys all withdrew on January 30, one week before the trial. The departures occurred after Trump clashed with his attorneys on strategy and fees. Trump wanted to focus on his false claims that the election was "stolen" from him, in contrast to the lawyers, who insisted on focusing on the legality of convicting a former president. Trump was unhappy with the fees and expenses estimated by the lawyers. None of the lawyers had been paid any advance fees nor had they signed letters of intent. On February 1, after the collapse of his earlier legal team, Trump announced that David Schoen and
Bruce Castor Bruce Lee Castor Jr. (born October 24, 1961) is an American lawyer and retired Republican Party (United States), Republican politician from Montgomery County, Pennsylvania. He was appointed as the first Solicitor General of Pennsylvania in March ...
would be his new defense lawyers. Pennsylvania attorneys
Michael van der Veen Michael Thomas van der Veen (born September 16, 1963) is an American attorney who specializes in personal injury law. He represented former president Donald Trump during his second impeachment trial in the United States Senate, which resulted in ...
and William J. Brennan joined Schoen and Castor as part of the presentation team.


Senators' positions


On whether to hold a trial

Senator
Richard Blumenthal Richard Blumenthal (; born February 13, 1946) is an American lawyer and politician who is the senior United States senator from Connecticut, a seat he has held since 2011. A member of the Democratic Party, he is one of the wealthiest members of ...
(D-CT) said: "The evidence is Trump's own words, recorded on video. It's a question of whether Republicans want to step up and face history." Senator
Kirsten Gillibrand Kirsten Elizabeth Gillibrand (; ; born December 9, 1966) is an American lawyer and politician serving as the junior United States senator from New York since 2009. A member of the Democratic Party, she served as member of the U.S. House of ...
(D-NY) said, "This is a very simple allegation. It is incitement to insurrection. We could conduct a trial in a concise amount of time because the evidence that's needed is pretty direct." In the run-up to the trial, a number of Republican senators opposed holding a trial. Republican Senator Rand Paul of Kentucky continued to make false claims of election fraud. Other Senate Republicans, such as Marco Rubio of Florida, contended that a Senate trial would be too divisive and that it would be "arrogant" for the Senate to exercise its power to bar Trump from holding office in the future.


On whether to vote to convict

Senate Democrats favored the conviction of Trump, stating that the evidence was clear and straightforward. Assuming all Democratic senators (and the two independent senators caucusing with the Democrats) had voted to convict Trump, 17 Republican senators would have needed to vote to secure the two-thirds majority for conviction. If Trump had been convicted, then the Senate could have disqualified him from holding any federal office by a simple majority vote. On February 9, 45 senators (38 Democrats, 5 Republicans, and 2 independents caucusing with the Democrats) supported conviction, 35 senators (all Republican) opposed conviction, and 20 senators (10 Democrats and 10 Republicans) had not released an official statement. This implied that to convict Trump with the required two-thirds majority, some of the Republican senators who said they opposed conviction would have needed to change their minds, either by voting to convict or by not appearing for the vote. Senator
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on ...
(R-SC) worked to persuade other Republicans to vote against conviction. In January, Republican Senator Mitch McConnell, the former Senate Majority Leader, reportedly told senators their decision on whether to convict the outgoing president would be a "vote of conscience" and told colleagues he was undecided whether he himself would vote to convict. He later stated on the Senate floor that President Trump "provoked" the mob that stormed the Capitol. However, McConnell announced on the morning of February 13 that he would vote to acquit Trump.


Pre-trial


Opening ceremonies

Article I, Section 3, Clause 6 of the U.S. Constitution states that "The Senate shall have the sole Power to try all Impeachments." Per the Senate's impeachment rules adopted in 1986, the submission of the articles to the Senate initiated the trial. Speaker Pelosi signed the article of impeachment on January 13, 2021. The article was formally transmitted to the Senate on January 25, 2021. On January 26, the House impeachment managers, accompanied by the
clerk of the House The clerk, chief clerk, or secretary of a legislative chamber is the senior administrative officer responsible for ensuring that its business runs smoothly. This may encompass keeping custody of documents lain before the house, received, or produ ...
and the acting House sergeant at arms, conducted the ceremonial procession from the House to the Senate (across the
National Statuary Hall The National Statuary Hall is a chamber in the United States Capitol devoted to sculptures of prominent Americans. The hall, also known as the Old Hall of the House, is a large, two-story, semicircular room with a second story gallery along th ...
and the
Capitol rotunda The United States Capitol rotunda is the tall central rotunda of the United States Capitol in Washington, D.C. It has been described as the Capitol's "symbolic and physical heart". Built between 1818 and 1824, the rotunda is located below the ...
) to formally deliver the article of impeachment, triggering the trial. Raskin, the lead House impeachment manager, read the article to the Senate. Senate President pro tempore emeritus
Chuck Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. In 2022, h ...
(R-IA) swore in the chamber's presiding officer,
Senate President pro tempore A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase '' pro tempore'' is Latin "for the time being ...
Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...
(D-VT), who then swore in all senators as jurors. Each senator then signed the oath book. Each was required to take the following oath or make the affirmation:
Oath: I solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, ''then, now former,'' President of the United States, now pending, I will do impartial justice according to the Constitution and laws: So help me God.
Affirmation: I affirm that in all things appertaining to the trial of the impeachment of Donald John Trump, ''then, now former,'' President of the United States, now pending, I will do impartial justice according to the Constitution and laws.
The acting Senate sergeant-at-arms, Jennifer Hemmingway, then read aloud the following proclamation to mark the beginning of the proceedings:
Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Donald John Trump, ''the now former'' President of the United States.
The summons to Trump was issued the same day.


Rand Paul's point of order to dismiss

On January 26, Republican Senator Rand Paul forced a vote to dismiss the impeachment charge, on the basis that it was unconstitutional to try a past president. The motion was defeated 55–45, with all Democrats, both the independents, and five Republicans (
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Con ...
of Maine,
Lisa Murkowski Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after Su ...
of Alaska, Mitt Romney of Utah,
Ben Sasse Benjamin Eric Sasse ( ; born February 22, 1972) is an American politician and academic administrator serving as the junior United States senator for Nebraska since 2015. He is a member of the Republican Party. Born in Plainview, Nebraska, Sa ...
of Nebraska, and
Pat Toomey Patrick Joseph Toomey Jr. (born November 17, 1961) is an American businessman and politician serving as the junior United States senator for Pennsylvania since 2011. A member of the Republican Party, he served three terms as the U.S. representat ...
of Pennsylvania) voting against the motion. The vote was seen as a "test vote" and was viewed as a strong indication that the Senate would not reach the two-thirds majority required to convict Trump.


Trial memoranda and responses

Under an agreement between Chuck Schumer and Mitch McConnell, the pre-trial briefing schedule was set.


House's brief, Trump's answer, House's replication

The House of Representatives, through the nine Democratic impeachment managers, filed an 80-page pretrial brief on February 2. The detailed brief stated that Trump was "singularly responsible" for the violent attack on the Capitol on January 6, citing his preceding campaign to undermine democracy and overthrow the election, and argued that acquitting Trump and failing to disqualify him from future office would gravely harm the nation, stating: "President Trump has demonstrated beyond doubt that he will resort to any method to maintain or reassert his grip on power. A president who violently attacks the democratic process has no right to participate in it." The impeachment managers argued that the expiration of Trump's term, and his new status as a private citizen, did not present a bar to Senate trial and conviction, writing: "There is no 'January exception' to impeachment or any other provision of the Constitution. A president must answer comprehensively for his conduct in office from his first day in office through his last. and that it was "unthinkable" that the
Framers of the Constitution The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
would have left the country "virtually defenseless against a president's
treachery Treachery is the betrayal or violation of trust. Treachery may also refer to: *Treachery (law), an offence in several countries, related to treason * Treachery (''Revenge''), the eighth episode of the American television series ''Revenge'' * ''Tr ...
in his final days, allowing him to misuse power, violate his Oath, and incite insurrection against Congress and our electoral institutions simply because he is a lame duck." The House brief stated that "if provoking an insurrectionary riot against a Joint Session of Congress after losing an election is not an impeachable offense, it is hard to imagine what would be." Trump's lawyers filed a 14-page response to the article of impeachment later the same day. Trump's lawyers did not explicitly embrace Trump's false claims of a "rigged" election, but nevertheless echoed them, asserting that "insufficient evidence exists upon which a reasonable jurist could conclude that the 45th president's statements were accurate or not, and he, therefore, denies they were false." Trump's lawyers also argued that the impeachment proceeding is legally "void" because Trump is no longer president. The brief asserted that prior to the January 6 riots, Trump had "exercised his
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
right under the Constitution to express his belief that the election results were suspect". The House had predicted that Trump would use the First Amendment for his defense, which they countered in their brief that the First Amendment was not applicable to an impeachment trial, writing: "The First Amendment protects private citizens from the government; it does not protect government officials from accountability for their own abuses in office." Quoting the standard established in ''
Brandenburg v. Ohio ''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that s ...
'' (1969), a landmark decision of the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
interpreting the First Amendment, the House added that "speech is not protected where it is 'directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Nearly 150 leading First Amendment lawyers and constitutional scholars from across the political spectrum found Trump's First Amendment assertion "legally frivolous" and not a viable defense against conviction. The House submitted its replication to Trump's answer on February 8.


Trump's brief, House's reply

Trump, through his attorneys Bruce L. Castor Jr., David Schoen, and Michael T. van der Veen, submitted a brief asserting that Democratic leadership in the House were engaging in a "selfish attempt" to capitalize on the storming of the Capitol and its
aftermath Aftermath may refer to: Companies * Aftermath (comics), an imprint of Devil's Due Publishing * Aftermath Entertainment, an American record label founded by Dr. Dre * Aftermath Media, an American multimedia company * Aftermath Services, an America ...
. They argued that instead of healing the nation or prosecuting lawmakers who participated in the riot, they instead intend "to callously harness the chaos of the moment for their own political gain." Unusual for legal documents, Trump's lawyers invoked partisan rhetoric, writing that Democrats suffer from " Trump Derangement Syndrome"; sought to "silence a political opponent and a minority party" as part of a years-long effort; and "hunger for this political theater" that would be "a danger to our Republic icdemocracy and the rights that we hold dear." Seeking to distance Trump from his supporters who assaulted the Capitol, his lawyers wrote that "the people who criminally breached the Capitol did so of their own accord and for their own reasons, and they are being criminally prosecuted." Trump's lawyers, citing discredited sources such as the conspiracy theorist '' The Gateway Pundit'' website, also falsely claimed in the brief some elements of the Capitol insurrection consisted of anti-Trump rather than pro-Trump figures. The brief also denies that Trump took no steps to halt the violence, described him as "horrified" by the scene and asserting that there was a "flurry of activity" inside the White House constrained by "complex procedural elements"; this revisionist account is contradicted by the actual sequence of events on January 6, when Trump initially ignored requests for him to restrain the mob, and was described by multiple Trump administration officials and others in contact with him on that day as delighted at the halting of the electoral vote count. Trump's lawyers argued that Trump did not incite the rioters and that his comments and rhetoric about fighting was metaphorical rather than a call for violence. They contended that Trump, in the rally preceding the assault on the Capitol, used the term ''fight'' in "in the figurative sense" and not "to encourage acts of violence." Trump's lawyers also described some of Trump's acts, including a phone call in which Trump pressured
Georgia Secretary of State The Secretary of State of the U.S. state of Georgia is an elected official with a wide variety of responsibilities, including supervising elections and maintaining public records. The office has had a four-year term since 1946. Before 1880, th ...
Brad Raffensperger Bradford Jay Raffensperger (born May 18, 1955) is an American politician, businessman, and civil engineer, serving as the Secretary of State of Georgia since 2019. A member of the Republican Party, he previously served in the Georgia House of Re ...
to "find" additional votes for him to overturn Biden's victory in Georgia, as merely political. Trump's lawyers also repeated their free-speech argument, arguing that he could not be convicted due to the First Amendment; a minority of legal scholars believe that the First Amendment applies in the impeachment context. The brief makes 15 references to a 2001 article on impeachment by prominent legal scholar Brian Kalt, asserting that he had concluded that impeaching a former president is unconstitutional. Kalt replied that Trump's lawyers made "flat-out misrepresentations" of his work and that he had actually concluded that there is a "solid basis" for post-presidential impeachments, having noted and rejected contrary arguments. In an unprecedented maneuver in American history, the Trump defense team declared that Trump would, if convicted by the Senate, attempt to overturn the verdict. Trump's lawyers say the conviction would be "unauthorized" and "non-binding"and that if Trump runs for president again, it "would be challenged in a court of law". Given '' Nixon v. United States'', it is unclear whether or to what extent a challenge to a Senate impeachment conviction would be
justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
. The Supreme Court case had unanimously determined that the question of whether the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
had properly tried an
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
was a
political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
and could not be resolved in the judicial branch. The House submitted its reply memorandum on February 9, 2021.


Trump declines invitation to testify

In a letter to Trump attorneys on February 4, lead impeachment manager
Jamie Raskin Jamin Ben Raskin (born December 13, 1962) is an American attorney and politician serving as the U.S. representative for Maryland's 8th congressional district since 2017. A member of the Democratic Party, he served in the Maryland State Senate ...
invited Trump to testify (and be subject to
cross-examination In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...
) before or during the impeachment trial; the House impeachment managers argued that his testimony was needed after he disputed the House's allegations that he incited the insurrection at the Capitol. The letter stated that Trump's refusal to testify would support "a strong
adverse inference Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries. According to Lawvibe, "the 'adverse inference' can b ...
" against Trump. The House's letter noted that there was no barrier to a former president giving testimony (and noted that Presidents
Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
and
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
had testified in office, and the Supreme Court held in ''
Trump v. Vance ''Trump v. Vance'', 591 U.S. ___ (2020), was a List of landmark court decisions in the United States, landmark US Supreme Court case arising from a subpoena issued in August 2019 by Manhattan District Attorney Cyrus Vance Jr. against Mazars, then- ...
'' (2020) that Trump was not immune from legal process while serving as president). Trump's lawyers Castor and Schoen responded to Raskin the same day in a terse letter declining the invitation. In their response, they called the House's request for Trump's testimony "a public relations stunt"; rejected the implication of adverse inference for refusing to have Trump testify; said that the House "cannot prove" its allegations; called the impeachment trial an "unconstitutional proceeding"; and stated that it is too serious "to try and play these games". The House impeachment managers signaled that they would not
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
Trump's testimony, stating that there was ample other evidence (including video evidence) that supported his guilt. Raskin stated that Trump's "immediate refusal to testify speaks volumes and plainly establishes an adverse inference supporting his guilt."


Argument preparation


Prosecution

In preparation for the trial, House Democrats built a detailed case against Trump, emphasizing what Trump knew in advance of the attack on the Capitol on January 6 and the effect of Trump's words and actions on his rioting supporters, with the goal of showing that Trump "summoned the mob, assembled the mob, and lit the flame of this attack". In a notable departure on strategy, the managers declined to discuss the logistics of their case, whereas in the previous impeachment trial they had engaged in numerous communication platforms to advance their position to the public. The managers also sought to apply the lessons learned in the last impeachment trial: not antagonize Republicans, use lots of videos, and make succinct arguments. The managers prepared to conclude in a week, forgoing witnesses as they believed it would be unnecessary and hinder Biden's priorities on passing legislation and confirming nominees. The managers intended to use the evidence collected in FBI affidavits charging hundreds of the Capitol insurrectionists, many of whom cited Trump's comments as permission to storm the Capitol. On certain filings, Trump is described as a "de facto unindicted coconspirator" for the Capitol riots and the driving force behind the breach, according to Proud Boys organizer Ethan Nordean. Accordingly, the House was reported to present their case like a "violent crime criminal prosecution." House impeachment managers and the staff, aided by the law firm
Debevoise & Plimpton Debevoise & Plimpton LLP (often shortened to Debevoise) is an international law firm headquartered in New York City. Founded in 1931 by Harvard Law School alumnus Eli Whitney Debevoise and Oxford-trained William Stevenson, the firm was origi ...
, compiled audio and video footage of Trump's rally and the ensuing attack on the Capitol, as well as details about the injuries sustained by police. According to ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', the managers were also concerned about implicating Republican lawmakers who entertained the president's claims of election fraud, notably those who questioned and objected to the 2021 Electoral College vote count, as well as in the case of
Ted Cruz Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the junior United States Senator from Texas since 2013. A member of the Republican Party, Cruz served as Solicitor General of Texas from ...
and
Josh Hawley Joshua David Hawley (born December 31, 1979) is an American politician and lawyer who has served as the junior United States senator from Missouri since 2019. A member of the Republican Party, Hawley served as the 42nd attorney general of Mi ...
, played a role in the Capitol storming. The managers sought to make clear that it is not his party but Trump himself who is on trial, so as to not alienate the GOP senators.


Defense

Trump's defense team indicated that they would present their opening arguments in one day.
Bruce Castor Bruce Lee Castor Jr. (born October 24, 1961) is an American lawyer and retired Republican Party (United States), Republican politician from Montgomery County, Pennsylvania. He was appointed as the first Solicitor General of Pennsylvania in March ...
, David Schoen,
Michael van der Veen Michael Thomas van der Veen (born September 16, 1963) is an American attorney who specializes in personal injury law. He represented former president Donald Trump during his second impeachment trial in the United States Senate, which resulted in ...
and William J. Brennan were all expected to speak. Trump announced that he would not testify for the impeachment trial. On the evening before the defense's opening arguments, Senators Lindsey Graham, Ted Cruz, and
Mike Lee Michael Shumway Lee (born June 4, 1971) is an American lawyer and politician serving as the senior United States senator from Utah, a seat he has held since 2011. He is a member of the Republican Party. Lee began his career as a clerk for the U ...
were seen going into a room that Trump's lawyers were using to prepare for their arguments. Cruz downplayed the meeting as an opportunity to "share heirthoughts" about the defense's legal strategy. When reporters confronted Schoen on the appropriateness of impartial jurors consulting with the defense team, he claimed that the trial did not have "any semblance of due process whatsoever".


Procedural resolution

On February 8, Schumer and McConnell reached an agreement on the procedural resolution for the trial, giving the impeachment managers and Trump's lawyers up to 16 hours each to present their cases and creating the option for a debate and vote to call witnesses if the House impeachment managers sought it. Schumer announced that the trial rules had been agreed to by Senate Republican and Democrats, as well as the House managers and Trump's legal team. Trump's attorney David Schoen, who is of Jewish faith, originally requested a pause of the trial for the Sabbath, starting on the evening of Friday, February 12, and for the trial to resume on Sunday, February 14.
Senate Majority Leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding t ...
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
and other Senate leadership agreed to this request, but Schoen later withdrew this request, saying that other Trump defense lawyers could continue the trial during this period. The Senate voted, 89–11, to adopt the procedural rules for the trial on February 9, and the trial started with a four-hour debate on the constitutionality of the trial, then the Senate voted at a simple majority threshold to affirm the proceedings' constitutionality, 56-44.


Constitutionality of the trial and debate

In a two-hour presentation on February 9, the House managers argued that the Senate has jurisdiction to try the impeachment of Trump. Castor opened the defense argument with what many criticized as a rambling 48-minute presentation. He argued that the impeachment was politically motivated, and unnecessary because voters had already been "smart enough" to vote Trump out of office and, in doing so, explicitly acknowledged Biden had won a free and fair election. Raskin played video footage of the Capitol storming and Trump's rhetoric to highlight the consequences if presidents could commit impeachable offenses in their last month without constitutional accountability. The statement that Biden won the election was seen to have undercut both their arguments in pre-trial briefs of Trump's repeated false claims that the election was fraudulent, stolen, and rigged; and accordingly his speech on January 6 was justified because he believed the election was fundamentally "suspect." Trump had initially made clear to advisers that he did not want his lawyers saying that Biden won the election fairly, even if it was not their main focus at the trial. Accordingly, Trump was reported to be very displeased with Castor's performance. Castor's argument was widely criticized for numerous bizarre and incoherent statements, such as "Nebraska, you're going to hear, is quite a judicial-thinking place."
Alan Dershowitz Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appoin ...
stated, "There is no argument. I have no idea what he's doing." Following the four-hour debate where both sides presented arguments on whether the trial was unconstitutional because Trump was no longer president, the Senate voted 56–44 that the impeachment trial was constitutional. The original five Republican senators voting with Democrats in the Rand Paul point of order voted in favor, along with Bill Cassidy (R- LA) who in a post-interview used adjectives of ''focused'', ''organized'', and ''compelling'' to describe the case brought. A simple majority was required to proceed. The lack of Republican support to proceed with the trial was interpreted as indicating an increased likelihood of Trump's acquittal. Ted Cruz, who voted against the constitutionality of the trial, told Fox News the same day that he believed it was constitutional but not required. On February 12, a group of 199 legal experts, including prominent conservative lawyers
Charles Fried Charles Anthony Fried (born April 15, 1935) is an American jurist and lawyer. He served as United States Solicitor General under President Ronald Reagan from 1985 to 1989. He is a professor at Harvard Law School and has been a visiting profess ...
, Stuart M. Gerson, Paul Rosenzweig, and
Peter Keisler Peter Douglas Keisler (born October 13, 1960) is an American lawyer whose 2006 nomination by President George W. Bush to the United States Court of Appeals for the District of Columbia Circuit became embroiled in partisan controversy. He is a part ...
issued a letter, saying that because Trump's jurisdictional challenge had failed, the Senate had an obligation to vote on the merits: "The former President chose to raise a jurisdictional argument in a motion to dismiss the trial. This body, exercising its considered judgment, determined that the Senate does have jurisdiction to try this case and so resolved the issue. ... Now that the Senate, as a collegial body, has ruled on the jurisdictional question, individual Senators should respect and honor that determination of the Senate as a body, even if they might have disagreed with it as an initial matter." The letter-writers echoed an argument the lead House impeachment manager Jamie Raskin had made the preceding day: (that the February 9 Senate vote definitively established constitutional jurisdiction and obliged each Senator to vote "on the facts of what happened") and contradicted the stance of Senate Republicans who said they would vote against convicting Trump on the procedural ground that he was no longer president.


Opening arguments and presentations


Prosecution

On February 9, Raskin described the scene in the House during the invasion, with people phoning their loved ones to say goodbye, and "the most haunting sound I ever heard"people pounding on the door like a battering ram. Regarding the constitutionality of trying Trump when he was no longer in office, he urged senators not to create a "January exception" to a president's accountability. On February 10, the impeachment managers began to present their case. They presented new footage of the attack, including police body camera footage. Citing this, Plaskett revealed that rioters came within 100 feet of where Vice President Pence was sheltering with his family, and raised the point that a gallows was constructed outside the capitol where rioters chanted "Hang Mike Pence". Citing the possession of a 950,000-volt stun gun by the man who was photographed with his feet on Pelosi's desk, as well as other evidence, Plaskett argued that the rioters intended to murder the speaker of the House. Plaskett stated that lawmakers were put in danger because of Trump's speeches and tweets. She cited witness testimony from arrested rioters who said that anyone they got their hands on they would have killed. "They were talking about assassinating the vice president of the United States", she said. "They did it because Donald Trump sent them." The impeachment managers' presentation concluded on February 11. Diana DeGette argued that statements of rioters made "before, during and after the attack make clear the attack was done for Donald Trump, at his instructions, and to fulfill his wishes." Ted Lieu argued that Trump demonstrated no remorse after the attack.


Mike Lee's motion to strike

Immediately after the end of the first day of opening arguments, Senator
Mike Lee Michael Shumway Lee (born June 4, 1971) is an American lawyer and politician serving as the senior United States senator from Utah, a seat he has held since 2011. He is a member of the Republican Party. Lee began his career as a clerk for the U ...
raised an objection. He moved to strike a portion of the prosecution's presentation in which they described Trump's telephone calls to him and Senator
Tommy Tuberville Thomas Hawley Tuberville ( ; born September 18, 1954) is an American retired college football coach and politician serving as the junior United States senator from Alabama since 2021. Before entering politics, Tuberville was the head football ...
, claiming that their description of the calls was untrue. This drew much confusion due to Lee's spokesperson and Tuberville confirming the calls from Trump. Despite the perplexity of the situation, Rep. Jamie Raskin, the lead impeachment manager, eventually agreed to Lee's request calling it "much to do about nothing".


Defense

On February 12, Trump's counsel Castor, Schoen, van der Veen and Brennan presented their opening arguments. Van der Veen called the impeachment article an "unconstitutional act of political vengeance" and amounted to "constitutional cancel culture" on Trump and his supporters. They claimed that Trump's remarks that day "encouraged those in attendance to exercise their rights peacefully and patriotically", and that the House's charge that he incited an insurrection was "a preposterous and monstrous lie". Van der Veen argued that if the Capitol attack was premeditated as criminal files have alleged, Trump could not have incited what was already planned. Schoen asserted that the House had afforded Trump's counsel no due process in the impeachment proceedings and claimed that the House has manipulated footage and relayed inaccurate information. They also criticized the managers for heavily saying "reportedly" as their standard for evidence. Mounting a "
whataboutism Whataboutism or whataboutery (as in "what about…?") denotes in a pejorative sense a procedure in which a critical question or argument is not answered or discussed, but retorted with a critical counter-question which expresses a counter-accu ...
" defense, Trump's lawyers played a lengthy video montage demonstrating what they described as the hypocrisy of Democrats' reactions to Trump's rhetoric. As examples, they showed clips of Schumer appearing to threaten Supreme Court Justices Kavanaugh and Gorsuch at a March 2020 pro-abortion rights rally. (Schumer apologized the next day.) The video montage included Democrats using the word "fight" and the phrase "fight like hell" in several speeches, remarks, and interviews, focusing on Senator Elizabeth Warren. Many of the clips, from Democratic figures such as Representatives Maxine Waters, Al Green, Nancy Pelosi, and Alexandria Ocasio-Cortez, Senators Elizabeth Warren and Jon Tester, and President Biden, were taken out of context, and involved the Democrats referring to "fighting" for constituents against bureaucratic obstacles (as in the Tester clip), fighting for progressive policy positions (as in the Warren clips), or fighting the coronavirus (as in a Schumer clip). Trump's lawyers falsely claimed that Trump's first two tweets during the Capitol attack urged calm; Trump in fact first tweeted an attack on Vice President Pence before making a tweet saying "stay peaceful" and "no violence". Trump's attorneys asserted that Democrats' calls for Trump's impeachment was evidence of a "double standard", and claimed that Democrats and liberals had been out to get Trump physically and politically since the beginning of his candidacy for president. They furthermore showed clips of Trump's speeches throughout the years that they claimed the Democrats and media had misrepresented, as evidence that he had always condemned violence and white supremacy. They insisted that Trump's words at the rally were "ordinary political rhetoric" and protected free speech. The defense team rested their case after less than three hours, proceeding to a question-and-answer session. During the proceedings, Republican Senators Ted Cruz, Mike Lee, Dan Sullivan, Mike Braun, Todd Young, and Marsha Blackburn repeatedly huddled to discuss their "standards" of impeachment. Graham and Cruz repeatedly consulted with Trump's lawyers during their breaks.


Reactions and developments

Republicans generally lauded the House managers' presentation, with focus being drawn to Ted Lieu's warning that he was not concerned about the results of Trump winning another presidential election, but of his losing one. Most Republicans said they thought Trump would be acquitted, with some repeating their convictions about the trial's alleged unconstitutionality. Trump's lawyers' presentation was praised by Republicans such as
Ron Johnson Ronald Harold Johnson (born April 8, 1955) is an American accountant, businessman, and politician serving as the senior United States senator from Wisconsin, a seat he has held since 2011. A Republican, Johnson was first elected to the U.S. S ...
and
John Barrasso John Anthony Barrasso III ( ; born July 21, 1952) is an American physician and politician serving as the senior United States senator from Wyoming, a seat he has held since 2007. A member of the Republican Party, he served in the Wyoming State ...
. Democrats criticized Trump's lawyers' presentation and denounced the defense team's equating of Trump's rhetoric ahead of the storming of the Capitol to past comments by Democrats: Senator
Tim Kaine Timothy Michael Kaine (; born February 26, 1958) is an American lawyer and politician serving as the junior United States senator from Virginia since 2013. A member of the Democratic Party, he served as the 38th lieutenant governor of Virgi ...
called it a "bogus argument";
Martin Heinrich Martin Trevor Heinrich (; born October 17, 1971) is an American businessman and politician serving as the senior United States senator from New Mexico, a seat he has held since 2013. A member of the Democratic Party, Heinrich served as the U.S ...
called it a "completely false equivalence" and said "I don't remember any violent mobs after any of those comments"; and
Chris Coons Christopher Andrew Coons (born September 9, 1963) is an American lawyer and politician serving as the junior United States senator from Delaware since 2010. A member of the Democratic Party, Coons served as the county executive of New Castle C ...
said, "Show me any time that the result was, our supporters pulled someone out of the crowd, beat the living crap out of them, and then we said, 'That's great, good for you, you're a patriot. Schoen reportedly threatened on the evening of February 11, the night before the opening argument for the defense, to quit Trump's defense team over a disagreement about the use of videos. Trump called Schoen and convinced him to stay.


Question-and-answer session

On the fourth day of the hearing, senators had four hours to submit questions to the House managers and the counsel for Donald Trump. The first question from Schumer and Feinstein (Q1) was whether the attack on the Capitol would have happened if not for Trump's conduct; impeachment manager Castro responded by quoting Cheney's statement on Trump's actions. Graham, Cruz,
Kevin Cramer Kevin John Cramer (born January 21, 1961) is an American politician who has served as the junior United States senator for North Dakota since 2019. A member of the Republican Party, he represented North Dakota's at-large congressional distri ...
, and Roger Marshall submitted a question (Q2) on whether politicians' raising bail for rioters encouraged more rioters; Castro said it did.
Raphael Warnock Raphael Gamaliel Warnock ( ; born July 23, 1969) is an American Baptist pastor and politician serving as the junior United States senator from Georgia since 2021. A member of the Democratic Party, he assumed office on January 20, 2021. Since 2 ...
asked (Q3) if it was true that dozens of courts had previously rejected Trump's efforts to overturn the election. Lisa Murkowski asked (Q4) when Trump learned of the Capitol attack and what specific actions he took to end the rioting. Van der Veen accused the House impeachment team of not carrying out a proper investigation to determine those facts, claiming the House relied on "hearsay". Jacky Rosen asked (Q5) if there was evidence that Trump should have known that his tolerance of anti-Semitic hate speech and rhetoric could have incited the violence. Plaskett answered that Trump had a recorded history of encouraging violence. Van der Veen discussed ''
Brandenburg v. Ohio ''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that s ...
'', which he called a "landmark case on the issue of incitement speech", to argue that Trump had not meant for his supporters to storm the Capitol, calling Trump's speech metaphorical.
Ed Markey Edward John Markey (born July 11, 1946) is an American lawyer, politician, and former Army reservist who has served as the junior United States senator from Massachusetts since 2013. A member of the Democratic Party, he was the U.S. representa ...
and
Tammy Duckworth Ladda Tammy Duckworth (born March 12, 1968) is an American politician and retired Army National Guard lieutenant colonel serving as the junior United States senator from Illinois since 2017. A member of the Democratic Party, she represented ...
asked (Q7) when Trump learned of the breach and what actions he took to stop the violence. Plaskett stated, "The answer is, nothing." Mitt Romney and Susan Collins asked both sides (Q8) whether Trump knew that Pence had been escorted from the Senate when Trump tweeted to disparage him. Castro said he had known, referring to Tuberville's call. Van der Veen, however, said that this was hearsay and that there was no solid evidence due to "lack of due diligence". Marsha Blackburn and
Mike Crapo Michael Dean Crapo ( ; born May 20, 1951) is an American lawyer and politician serving as the senior United States senator from Idaho, a seat he has held since 1999. A member of the Republican Party, Crapo previously served as the U.S. repres ...
asked (Q10) whether a former official could be impeached, and Van der Veen argued that it was not constitutional, despite the Senate having already voted that it was. Amy Klobuchar, Bob Casey, and Sherrod Brown asked (Q9) what message the Senate would send if it did not convict Trump. Plaskett warned that there would be consequences and quoted Trump's words, "This is only the beginning". Alex Padilla asked (Q11) if Trump's allegations of fraud had led to the "radicalization" of his supporters to attack the Capitol. Castro responded that Trump's "
big lie A big lie (german: große Lüge) is a gross distortion or misrepresentation of the truth, used especially as a propaganda technique. The German expression was coined by Adolf Hitler, when he dictated his book ''Mein Kampf'' (1925), to describe ...
" had incited them. Josh Hawley and Kevin Cramer asked (Q12) if the Senate could disqualify sitting presidents without removing them. Castro answered in the negative, which Raskin disputed. Elizabeth Warren asked (Q13) the managers whether Democrats objecting to previous Electoral College votes had intended for rioters to storm the Capitol. Raskin called that a false comparison and noted that Democrats did not cause any violence. Jeff Merkley asked (Q17) the managers whether the president was innocent because he told the rioters later to be "peaceful". Raskin compared that to robbing a bank and then yelling "respect private property". Bernie Sanders asked both sides (Q15) whether, in their judgment, Trump lost the 2020 election. Plaskett said that Trump lost the popular and Electoral College vote, and that the DOJ and courts had agreed that all legal votes were counted. Van der Veen, however, refused to answer the question on the basis that his judgment was "irrelevant" to the proceeding, causing a ruckus on the Senate floor before Leahy restored order. Ron Johnson asked (Q16) why law enforcement would have been surprised and overwhelmed if the storming was premeditated. Van der Veen praised but did not answer the question. Plaskett stated that Trump knew the rioters would come and cultivated them, yet did not deploy the National Guard. Cruz asked a question (Q18) equating Kamala Harris's statement that she would raise bail money for Black Lives Matter protesters with the behavior described in the House's article of impeachment. Raskin replied that he would let Harris speak for herself and said outgoing presidents should be held to account for their conduct. Raskin noted that the original permit for the rally had said attendees would not march, but that the plan was changed after Trump intervened. Van der Veen criticized Raskin for being unfamiliar with Harris' "protected speech" and asked that the Senate protect Trump's. Patty Murray asked (Q19) whether Trump's 6:01 pm tweet was relevant to his guilt. Castro responded by asking why, if Trump was not guilty and the storming was not his intention, he would have sent the tweet. Joe Manchin asked (Q21) whether Trump would have been responsible for not protecting Congress given that he had FBI and domestic intelligence at his disposal. Plaskett stated that Trump was fully aware and thus fully responsible. Bill Cassidy asked (Q20) if Trump knew about the rioters and Pence's presence in the Capitol. Van der Veen said those facts were based on hearsay. Raskin countered that Trump's defense team had refused to have Trump provide direct testimony to establish a record. Dan Sullivan asked (Q22) about the House's assertion that due process was "discretionary" and about the constitutional ramifications of establishing that precedent. Van der Veen said that was why senators needed to acquit. Richard Blumenthal asked (Q23) whether the relevant Supreme Court case prohibited officials from being held accountable through impeachment for inciting violence. Raskin noted that Trump's lawyers were trying to treat the trial as a criminal trial and Trump as a criminal defendant. Marco Rubio asked both sides (Q26) whether, in the future, Congress could impeach a former secretary of state, alluding to
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
. Raskin called the hypothetical "irrelevant", and Van der Veen stated that conviction would lead to a "slippery slope". The Senate adjourned after giving a standing ovation to Capitol Police Officer Eugene Goodman for his actions during the riot and passing a bill to award him the
Congressional Gold Medal The Congressional Gold Medal is an award bestowed by the United States Congress. It is Congress's highest expression of national appreciation for distinguished achievements and contributions by individuals or institutions. The congressional pract ...
.


Vote on subpoenas

On February 13, 2021, the Senate voted 55–45 to allow both sides to subpoena witnesses for testimony and documents for the trial. The vote came as a surprise to both sides, as the expectation had been that a vote would be taken and the trial would end on that day. The trial was recessed so that the parties could discuss what steps to take. An additional vote would be required to establish the rules for calling witnesses. Senators resolved, after a two-hour discussion, and with the approval of both parties and the Republican leader, to allow the House Managers to read a statement from GOP Rep.
Jaime Herrera Beutler Jaime Lynn Herrera Beutler ( ; born November 3, 1978) is an American politician who served as the U.S. representative for from 2011 to 2023. The district is in southwestern Washington, lying across the Columbia River from Oregon's Portland met ...
and its entry into the record as evidence but not open to further argument. Herrera Beutler had earlier told many people her recollection of Trump's call to McCarthy, who had described it to her. Her statement said: Sen. Mike Lee handed over various phone records to the House impeachment managers to resolve a dispute over his call from Trump during the timeline of events. The records show that at 2:26 PM ET on Jan 6, Trump called Lee by mistake when he was looking to speak to Tuberville. Tuberville spoke with Trump on Lee's phone for less than 10 minutes, with Trump trying to convince him to make additional objections to the Electoral College vote in another effort to block Congress' certification of then President-elect Joe Biden's win. Tuberville has said he told Trump that Pence was being evacuated. Other records show that Trump had tweeted an attack on Pence for lacking "courage" two minutes earlier, at 2:25 PM ET. Former Vice President Mike Pence's Chief of Staff Marc Short had also been contacted about providing information about threats to Pence. A source close to Pence had told reporters that Trump's legal team was lying when van der Veen claimed that "at no point" did the then-president know that Pence was in danger on January 6.


Closing arguments

The impeachment managers made their closing arguments on February 13. Raskin argued that Trump's "dereliction of duty ... was central to his incitement of insurrection, and inextricable from it," and that Trump's call with McCarthy confirmed he did not care for the safety of lawmakers. Dean played a video montage of Trump's repeating the 'big lie'. Mike Lee briefly interrupted their arguments to object to using the video, as new evidence is not allowed to be admitted during closing arguments, but Dean argued that statement was already on record, and so Dean was allowed to continue and use it. Neguse concluded with an emotional appeal to senators and alluded to
Martin Luther King Jr Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 196 ...
, warning of a "dark future" if senators did not convict Trump. Neguse rebutted the defense's arguments of lack of due process by arguing that the defense fully presented their evidence and declined invitations to testify and provide exculpatory evidence, and the defense's video montage of Democrats using words like "fight" by stating they did not end in attempting to overturn an election in the Capitol. Trump's attorney Michael van der Veen made a closing argument containing many false and misleading claims. He falsely claimed that the Capitol insurrection was "preplanned and premeditated by fringe left and right groups"; the attack was perpetrated by right-wing rioters, some of whom pre-planned the attack and others who participated spontaneously. Van der Veen asserted that nothing Trump said "could ever possibly be construed as...encouraging or sanctioning an insurrection," although many of those who attacked the Capitol specifically said that Trump's words inspired them to take action. Echoing a claim that Trump had previously made, Van der Veen falsely accused President Biden and Vice President Harris of having "repeatedly refused to condemn" acts of violence during riots in 2020 over police violence; in fact, Biden and Harris publicly condemned riots, violence, and lawlessness in statements in August and October 2020. Van der Veen lambasted the Democrats for pursuing impeachment, calling it a "complete charade from beginning to end" and the "unhinged pursuit of a long-standing political vendetta" against Trump, and claiming that the Democrats' fear of Trump getting re-elected is fueling the trial. He ended their marks, calling it a "maniacal crusade," urging senators to not "go down this dark path of anonymity and division." He falsely asserted, "One of the first people arrested was the leader of antifa," though federal authorities had not linked the man in question,
John Earle Sullivan John Earle Sullivan (born July 18, 1994), also known as Activist John, is an American political activist and self-identified photojournalist who participated in the 2021 United States Capitol attack. Before the January 6 attack, Sullivan organi ...
, to antifa, and the FBI said there was no evidence of antifa involvement in the incident.


Verdict

Trump was acquitted by the Senate on February 13, 2021, with 57 senators voting in favor of conviction and 43 voting against. Seven Republican senators joined the entire Democratic caucus in voting for conviction:
Richard Burr Richard Mauze Burr (born November 30, 1955) is an American businessman and politician who is the senior United States senator from North Carolina, serving since 2005. A member of the Republican Party, Burr was previously a member of the United S ...
of North Carolina, Bill Cassidy of Louisiana,
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Con ...
of Maine,
Lisa Murkowski Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after Su ...
of Alaska, Mitt Romney of Utah,
Ben Sasse Benjamin Eric Sasse ( ; born February 22, 1972) is an American politician and academic administrator serving as the junior United States senator for Nebraska since 2015. He is a member of the Republican Party. Born in Plainview, Nebraska, Sa ...
of Nebraska, and
Pat Toomey Patrick Joseph Toomey Jr. (born November 17, 1961) is an American businessman and politician serving as the junior United States senator for Pennsylvania since 2011. A member of the Republican Party, he served three terms as the U.S. representat ...
of Pennsylvania. Despite the verdict being for acquittal, the result was the most bipartisan presidential impeachment conviction vote to date. In Trump's first impeachment, Romney became the first senator to vote to convict a president from his own party. The voting was marked by tension in the Senate chamber. A greater number of Republicans voted to convict than Trump's legal team had expected. Burr's and Cassidy's votes to convict were surprising, and both were censured by their state parties (
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
and
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, respectively). Another motion in Utah to censure Mitt Romney by the
Utah Republican Party The Utah Republican Party is the affiliate of the Republican Party in the U.S. state of Utah. It is currently the dominant party in the state, controlling all four of Utah's U.S. House seats, both U.S. Senate seats, the governorship, and has sup ...
during the state convention on April 30, 2021, was defeated 798–711. Romney was booed during a speech in the convention where he defended his decision. Among the seven senators who voted to convict, three (Cassidy, Collins, and Sasse) had just won reelection and two (Burr and Toomey) were not seeking another term, while Romney had already voted to convict Trump in the latter's first impeachment. Murkowski was the only one of those seven senators who was to face voters in the next election. However, most election pundits believed it unlikely that Murkowski would be defeated in a primary, despite threats by Trump and former Alaska governor Sarah Palin, due to Alaska's newly adopted ranked-choice voting system.


Reactions


Senate

In remarks on the Senate floor after the
adjournment In parliamentary procedure, an adjournment ends a meeting. It could be done using a motion to adjourn. A time for another meeting could be set using the motion to fix the time to which to adjourn. This motion establishes an adjourned meeting ...
of the "Court of Impeachment", Minority and Republican leader Mitch McConnell, who voted for acquittal, said his vote was based on his belief that the Constitution did not permit the Senate to convict an ex-president. He noted that Trump "didn't get away with anything yet" because the criminal justice system could still deal with the situation. He added:
January 6th was a disgrace. American citizens attacked their own government. They used terrorism to try to stop a specific piece of democratic business they did not like. Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the Vice President. They did this because they had been fed wild falsehoods by the most powerful man on Earthbecause he was angry he'd lost an election. Former President Trump's actions preceding the riot were a disgraceful dereliction of duty. The House accused the former President of, quote, 'incitement.' That is a specific term from the criminal law. Let me put that to the side for one moment and reiterate something I said weeks ago: There is no question that President Trump is practically and morally responsible for provoking the events of that day.
Schumer strongly criticized the Senate's decision to acquit Trump in a floor speech, calling it "un-American" and insulting to patriots who sacrificed themselves for the country for centuries. "There is nothing, nothing more un-American than that ... There is nothing, nothing more antithetical to our democracy... insulting to the generations of Americans patriots who gave their lives to defend our form of government." Schumer vowed that the storming of the Capitol would be Trump's "final terrible legacy" and that history would condemn the Republicans who voted to acquit. Schumer decried the events of January 6, saying it would "live on in infamy, a stain on Donald John Trump that can never, never be washed away". Republican Senator Bill Cassidy said the Constitution and the country "is more important than any one person" and that he voted to convict Trump "because he is guilty." Republican Senator
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Con ...
of Maine said that Trump "incited an insurrection with the purpose of preventing that transfer of power from occurring" and that his "actions to interfere with the peaceful transition of power" constituted an abuse of power and "grounds for conviction."


House

Jamie Raskin hailed the effort as the "most bipartisan presidential impeachment in the history of the United States"; stated that "Trump stormed our House with the mob he incited and we defended our House"; and referred to McConnell's speech as confirmation that the House had proved their case and that the Senate had merely punted on their responsibility over a debunked technicality than on the merits. McConnell was condemned as hypocritical for criticizing Trump after voting to acquit him, especially because he had maneuvered to block the House from starting the trial before Trump had left office, and thereafter cited Trump's status as a private citizen as a reason to not convict him. Speaker Nancy Pelosi said: "It is so pathetic that Senator McConnell kept the Senate shut down so that the Senate could not receive the Article of Impeachment and has used that as his excuse for not voting to convict Donald Trump."


Former President Trump

After the Senate vote, former President Trump released a statement calling the trial "yet another phase of the greatest witch hunt in the history of our Country" and asserting that his movement had "only just begun."


President Biden

President Joe Biden released a statement following the acquittal that day. He noted the sacrifice of Capitol Police Officer
Brian Sicknick Brian Sicknick, a United States Capitol Police (USCP) officer, died on January 7, 2021, after having two strokes one day after he responded to an . The District of Columbia chief medical examiner found that Sicknick had died from stroke, cla ...
who had lain in honor in the Capitol Rotunda days ago, the bipartisanship of the impeachment and the trial, and McConnell's speech laying responsibility on Trump. He stated that "democracy is fragile" and must always be defended, and that "violence and extremism have no place in America".


Aftermath

After being acquitted in the Senate impeachment trial, Trump has continued to face legal troubles, including the threat of criminal action or civil litigation. The prospect that Trump could face a criminal prosecution or civil lawsuit arising from the Capitol assault was raised by a number of Republican members of Congress, including Representative
Liz Cheney Elizabeth Lynne Cheney (; born July 28, 1966) is an American attorney and politician who has been the U.S. representative for since 2017, with her term expiring in January 2023. She chaired the House Republican Conference, the third-highest p ...
, Senator Marco Rubio and Senator minority leader Mitch McConnell. The office of
Georgia Secretary of State The Secretary of State of the U.S. state of Georgia is an elected official with a wide variety of responsibilities, including supervising elections and maintaining public records. The office has had a four-year term since 1946. Before 1880, th ...
Brad Raffensperger Bradford Jay Raffensperger (born May 18, 1955) is an American politician, businessman, and civil engineer, serving as the Secretary of State of Georgia since 2019. A member of the Republican Party, he previously served in the Georgia House of Re ...
started an investigation into Trump's attempts to overturn the state's election results, including a
phone call A telephone call is a connection over a telephone network between the called party and the calling party. First telephone call The first telephone call was made on March 10, 1876, by Alexander Graham Bell. Bell demonstrated his ability to "tal ...
the former president made to Raffensperger. The Fulton County district attorney,
Fani Willis Fani Taifa Willis (, born October 27, 1971) is an American attorney from the state of Georgia. She is the district attorney of Fulton County, Georgia, which contains most of Atlanta. She is the first woman to hold the office of Fulton County dis ...
, has also started a criminal investigation into whether Trump should be charged for soliciting election fraud, a violation of Georgia state law. Trump has expressed concern that he could be criminally charged for his actions surrounding the Capitol storming. Trump separately faces an investigation in
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
relating to his company's business dealings. Section 3 of the
Fourteenth Amendment of the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and e ...
disqualifies from federal or state office anyone who has taken an oath to support the Constitution and either "engaged in insurrection or rebellion" against the Constitution, or "given aid to the enemies" of the US. Although the section's text does not explicitly describe how it is invoked, by congressional precedent, disqualification is invoked by a simple majority of both chambers, and can be removed by a supermajority of both chambers. During the second impeachment of Donald Trump, Section 3 was cited in the Article of Impeachment as part of the basis for barring Trump from holding future office. It is disputed whether Section 3 can be used as a potential "alternate path to disqualification rom office if the Senate votes to acquit Trump of the impeachment charge. Democrats such as Richard Blumenthal, Chris Murphy, Dick Durbin, and Ben Cardin, have considered invoking Section 3 to bar Trump from holding office again, though such a move would enter uncharted constitutional and legal territory.


Public opinion

A Reuters/Ipsos poll released on January 22, 2021, found that 51% of Americans favored conviction of Trump in the Senate, 37% opposed, and 12% were unsure. 55% of Americans supported the Senate disqualifying Trump from holding federal office in the future; 34% opposed this step, and 11% said they were unsure. A Monmouth University poll released on January 25 found that 52% of Americans favored the conviction of Trump in the Senate, while 44% opposed; 57% supported the Senate disqualifying Trump from holding federal office in the future. An ABC News/Ipsos poll released on February 7 found that 56% of Americans favored the Senate convicting Trump and disqualifying him from holding federal office in the future, with 43% opposed. A CBS News poll/
YouGov YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
released on February 8 found that 56% of Americans favored the Senate convicting Trump, with 44% opposed. A ''
Hill A hill is a landform that extends above the surrounding terrain. It often has a distinct summit. Terminology The distinction between a hill and a mountain is unclear and largely subjective, but a hill is universally considered to be not a ...
''/HarrisX poll released on February 10 found that 52% of Americans favored conviction with 48% opposed. A '' Vox''/
Data for Progress Data for Progress (DFP) is an American left-wing think tank, Opinion poll, polling firm, and Advocacy group, political advocacy group. Until his dismissal in November 2022, the organization was headed by data scientist and activist Sean McElwee, w ...
poll released on February 10 found that 12% of Republicans supported conviction compared to 82% of Democrats and 52% of independents and that 69% of Republicans said they would be less likely to vote for a political candidate in their state if that person voted for conviction. A Morning Consult/''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' poll taken after Trump's acquittal showed that 54% of GOP voters would vote for Trump in the 2024 Republican primary, which was up 12% from a poll taken shortly after the storming of the United States Capitol, and equal to the level of support in November following the
2020 presidential election This national electoral calendar for 2020 lists the national/federal elections held in 2020 in all sovereign states and their dependent territories. By-elections are excluded, though national referendums are included. January *5 January: **C ...
.


See also

*
Efforts to impeach Donald Trump Various people and groups assert that former U.S. president Donald Trump engaged in impeachable activity both before and during his presidency, and talk of impeachment began before he took office. Grounds asserted for impeachment have inclu ...
*
First impeachment trial of Donald Trump The first impeachment trial of Donald Trump, the 45th president of the United States, began in the U.S. Senate on January 16, 2020, and concluded with his acquittal on February 5. After an inquiry between September to November 2019, Presiden ...
* Republican reactions to Donald Trump's claims of 2020 election fraud


Notes


References


External links

*
Trial Memorandum of the United States House of Representatives in the Impeachment Trial of President Donald J. Trump
(February 2, 2021)
See all the evidence presented in Trump's impeachment trial
— compiled by the ''Washington Post''
Impeachment of President Donald J. Trump (2021)
Senate Trial Proceedings {{Portal bar, Politics, United States Impeachment trial Trump, Donald Impeachment trial Trump, Donald Impeachment trial Trump, Donald Impeachment trial Trump, Donald Impeachment trial Trump, Donald 2 Articles containing video clips Impeachment trial Trump, Donald 2 Impeachment trial Trump, Donald 2