Top takeaways from Day 1 of former President Donald Trump’s impeachment trial
the charge of inciting the violent Jan. 6 riot at the Capitol on Tuesday, while the former president’s legal team pushed back on the legality of holding a trial at all.
Trump should be convicted and prevented from ever holding office in the future because he spread election falsehoods and his words incited violence, according to the House Democrats leading the prosecution. But Trump’s defense team said the Senate does not have the jurisdiction to try Trump since he is no longer in office.
The trial is the second Trump has been impeached over his conduct as president. In January 2020, the Senate, then Republican-led, voted to acquit him on charges of abuse of power and obstruction of Congress for his dealings in Ukraine.
Here are the top moments from the first day of Trump’s second impeachment trial:
Who’s who in Trump’s 2nd impeachment:Key players from Rep. Jamie Raskin to attorney David Schoen
Senators voted impeachment trial is constitutional
Senators voted 56-44 that the impeachment trial of Trump is constitutional on Tuesday, closing out four hours of arguments from Democratic impeachment managers and Trump’s legal team and allowing the trial to proceed.
Six Republicans sided with all Democrats and independents in voting the trial is constitutional, despite the Trump defense team’s arguments that Trump cannot be tried as a current private citizen.
presentation of Trump’s defense team came in for criticism, particularly the remarks of the first attorney to speak, Bruce Castor.
Sen. Lisa Murkowski, R-Alaska, said she was “stunned” by what she saw as a lack of focus and could not figure out where his argument was going.
Sen. John Cornyn, R-Texas, a former member of Senate Republican leadership, said Castor “rambled on and on and on and didn’t really address the constitutional argument.”
“I’ve seen a lot of lawyers and a lot of arguments and that was… not one of the finest I’ve seen,” he said.
Afterward, Trump attorney David Schoen acknowledged some of the criticisms and said he would “have to do better next time.”
Democrats use video of Capitol attack to remind Senators of purpose of impeachment
Senators were brought back to the day of the Jan. 6 attack on the Capitol when Tuesday’s Senate trial opened with a 13-minute video containing clips from that day, from the president’s exhortation at a rally near the White House that his followers should go to the Capitol to the ensuing attack.
Rep. Jamie Raskin, in tears at trial, recounts daughter’s fear during Capitol riot
David Schoen, one of former President Donald Trump’s defense lawyers, later slammed House managers for “splicing” videos together to play “movies” of the Jan. 6 Capitol breach at the Senate trial.
“They don’t need to show you movies to show you that the riot happened here. We will stipulate that it happened, and you know all about it,” he said.
Minutes later, Schoen played a clip of several Democratic lawmakers saying years before they would vote to impeach Trump, edited together over dramatic music.
Declaration that Senate cannot convict an ex-president lacks context
Trump’s team says the former president can’t be tried
The former president cannot be legally convicted in a Senate impeachment trial because he does not currently hold the office of president, Trump’s legal team argued on Tuesday. They said the Senate has no jurisdiction over Trump as a private citizen.
The process that was begun on Tuesday is the only impeachment trial of a president who is no longer in office.
The team also argued that his speech to the mob before the Capitol violence is protected by the First Amendment. Trump’s words are protected political speech that should not be blamed for the actions of others, namely the rioters, Castor said.
‘I’ll have to do better next time’:Trump attorney says after GOP criticism of impeachment opening
Castor said the Trump team strongly denounces the violence that took place at the Capitol, but cautioned senators against “suggesting that we punish people for political speech in this country.”
In his statement, Castor said moving ahead with the trial means “impeachment will become the rule, not the rare exception.”
“The flood gates will open,” Castor told the Senate, noting that two of the nation’s four presidential impeachments have taken place in the last 13 months. He added that the current Democratic majority in the House may someday shift and warned senators that impeachment may be used the other way in the future.
Schoen argued that the House’s quick impeachment process was a denial of Trump’s due process rights.
What’s next in the impeachment trial?
At the beginning of the Senate process Tuesday, senators voted to approve guidelines that outline the rest of the trial’s schedule this week after Tuesday’s vote on constitutionality.
Wednesday and Thursday: House impeachment managers will have 16 hours over two days to make their case.
Friday and Saturday: Trump’s lawyers will have 16 hours over two days to argue their case.
Senators will then have the opportunity to ask both sides questions, and either side could request to call witnesses, which could extend the trial. If no witnesses are called, the trial could conclude early next week after closing arguments from both sides and a vote to convict or acquit.
Contributing: Nicholas Wu, Bart Jansen, Ledyard King, Savannah Behrmann, Christal Hayes