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Trump impeachment: What you need to know about the Senate trial Trump impeachment: What you need to know about the Senate trial
(30 days later)
The US House of Representatives has impeached President Donald Trump, setting the stage for the third-ever Senate impeachment trial. For only the third time in history, an American president is facing an impeachment trial, with hearings set to start on Tuesday.
Here's what you need to know about that. Such a trial could, in theory, lead to President Donald Trump being removed from office. That outcome would be a huge shock - we'll explain why later - but the very fact a president is facing trial is significant.
Why is there a trial? Here are seven questions and answers that will help you understand the trial.
A trial in the Senate will follow the vote to impeach the president in the House, as decreed in the Constitution. 1) What is impeachment?
The House's articles of impeachment level two accusations against the president: that he solicited a foreign country to help him politically and that he obstructed Congress. The Republican president has denied any wrongdoing, calling the inquiry a "witch hunt". Put simply, it's a process that allows senior figures in government to hold other officials (like judges, the president and cabinet members) to account if they're suspected of committing offences while in office.
Mr Trump is accused of withholding millions in military aid to Ukraine and a White House meeting with Ukraine's president as bargaining chips to push Ukraine into investigating his Democratic rival Joe Biden. Democrats say this amounts to an abuse of presidential power. Those offences can include "treason, bribery or other high crimes and misdemeanours".
As the White House refused to allow staff to testify during impeachment hearings in the House, Democrats have also accused Mr Trump of obstructing Congress. After someone is impeached, they then go on trial in the Senate, the members of which will decide whether they are guilty or not. It's a political trial not a criminal one.
What's involved? 2) What is Mr Trump accused of?
The Constitution is admittedly vague when it comes to impeachment - simply mandating that the House has the "sole power of impeachment", acting as grand jury and bringing charges. The Senate is given "the sole power to try all impeachments" and convict a president of "treason, bribery or other high crimes and misdemeanours". He's facing two articles of impeachment, or charges.
There are general rules largely based on President Andrew Johnson's trial, but ultimately, Republican leader Mitch McConnell and his Democratic counterpart Chuck Schumer will have to determine the guidelines for evidence, witnesses, duration and arguments. Firstly, he's accused of seeking help from Ukraine's government to help himself get re-elected this November. He's alleged to have held back millions of dollars of military aid to Ukraine and dangled a proposed White House meeting with Ukraine's president, both as bargaining chips.
While Mr McConnell has the final say over the format as the Republican Senate leader, he could find his options limited if Democrats pressure moderate Republicans to vote with them on any changes to the rules. At any point, senators can call for votes on trial procedures that would need a simple majority to pass. In exchange, witnesses say he wanted Ukraine to publicly announce an investigation into Joe Biden, the man who's leading the Democratic race to challenge him in the election. Polls suggest Mr Biden would beat him if chosen as the Democratic candidate.
After lawmakers hear from both sides - House prosecutors and White House counsel - and any witnesses, they will be given a full day to deliberate before a vote on conviction is held. Secondly, after the White House refused to allow staff to testify at the first impeachment hearings last year, Democrats accused Mr Trump of obstructing Congress (the part of the US government that writes and brings in laws, and which was investigating him).
A two-thirds majority is required to convict and oust Mr Trump. Given that Republicans control the 100-seat chamber with a 53-47 majority, the president is widely expected to be acquitted. Mr Trump has denied any wrongdoing and has called the inquiry a "witch hunt".
Who's who? It's worth emphasising that this has nothing to do with the special counsel investigation into Russian interference in the 2016 US election, and into the Trump campaign's ties to Russia. That ended with no further action against Mr Trump himself.
Supreme Court Chief Justice John Roberts will preside over the trial in the Senate, but the senators ultimately will act as both judge and jury. 3) Why is there a trial?
Justice Roberts is there to make sure the trial adheres to the predetermined rules, but if any vote during the trial ends in a tie, he has the final say. This is what led us to this moment:
House Speaker Nancy Pelosi will also select a group of Democrats to act as impeachment managers - essentially prosecutors for the House. These lawmakers will present the lower chamber's case for impeachment to the Senate. 4) What does a Senate trial involve?
Intelligence Committee Chairman Adam Schiff and Judiciary Committee Chairman Jerry Nadler would be the most traditional choices, US media report, though it is unclear who else might make the cut. The US Constitution is a bit vague when it comes to the specifics of managing impeachment. But there are general rules based largely on the impeachment trial of President Andrew Johnson in 1868. In that case, he just about kept his job.
During Bill Clinton's impeachment trial, Republicans had 13 such managers; staunch Trump ally Lindsey Graham was one. The only other president to face an impeachment trial was Bill Clinton in 1999. He too survived.
Mr McConnell, the majority leader, will ultimately have sway over the format and guidelines of the trial. Two people are deciding how the trial will be conducted: Mitch McConnell, the Republican leader of the Senate, and his Democratic counterpart, Chuck Schumer.
He sparked condemnation from Democrats over recent comments to Fox News, saying: "Everything I do during this, I'm coordinating with the White House counsel. There will be no difference between the president's position and our position as to how to handle this to the extent that we can." They'll both have to agree guidelines for evidence, witnesses, duration and arguments. But because the Republicans control the Senate, Mr McConnell has the final say over the format of the trial.
Will senators get to ask questions? A few rules have already been laid out: there is to be no live tweeting from the chamber, and no outside reading material should be brought in. Senators are also not allowed to speak to those sitting near them while the case is being heard.
Senators will hear from both sides - prosecutors from the House of Representatives and lawyers from the White House - as well as from any witnesses. After that, senators will be given a full day to deliberate before they vote on whether to convict Mr Trump.
A two-thirds majority of 67 votes in the 100-seat Senate is required to convict and oust Mr Trump. But because there are only 47 Democrats (and 53 Republicans), the president is widely expected to be cleared.
In the unlikely event of Mr Trump being found guilty, he would be removed from office and Vice-President Mike Pence would be sworn in as president.
A simple majority of senators - 51 - could also vote to end the trial should they wish.
5) Who are the main players?
Each senator, including Mr McConnell, has delivered an oath promising to deliver "impartial justice" during the trial. But Mr McConnell - the most senior Republican in the Senate - last month said "I'm not an impartial juror" and has also said he and his party are working hand-in-hand with the White House.
"Everything I do during this, I'm co-ordinating with the White House counsel," he told Fox News, to the fury of senior Democrats. "There will be no difference between the president's position and our position."
He won't be presiding over the trial - that job has gone to Supreme Court Chief Justice John Roberts, although the 100 senators will ultimately act as both judge and jury. Justice Roberts is there to make sure the trial sticks to the predetermined rules.
A group of seven Democrats will act as impeachment managers - essentially prosecutors for the House, who will present its case for impeachment to the Senate. They include Intelligence Committee Chairman Adam Schiff and Judiciary Committee Chairman Jerry Nadler, both frequent targets of Mr Trump's anger.
Want to know more?
6) Will Mr Trump give evidence?
He could choose to appear before the Senate himself, but it's much more likely that White House lawyer Pat Cipollone and Mr Trump's own lawyer Jay Sekulow will speak on his behalf.
They, like the impeachment managers, will be able to question witnesses and deliver opening and closing statements. Mr Trump is also represented by Ken Starr - who investigated Bill Clinton - and famed lawyer Alan Dershowitz.
Mr Trump is very keen for Mr Biden to testify along with the original whistleblower. Democrats want several senior White House officials to testify, including former National Security Adviser John Bolton.
But there may not be any witnesses at all if Republicans decide they would rather keep the trial short, which is possible. A simple majority of senators - 51 - is needed to agree whether witnesses will be called or not.
Senators can ask questions of witnesses or counsellors, but only by submitting them in writing to Justice Roberts.Senators can ask questions of witnesses or counsellors, but only by submitting them in writing to Justice Roberts.
Witnesses may not necessarily appear on the Senate floor. They can be interviewed by a committee of lawmakers with footage of the testimony aired during the trial instead. Witnesses may not necessarily appear on the Senate floor. They could be interviewed by a committee of lawmakers, and footage of the testimony would be aired during the trial instead.
Democrats want several senior White House officials to testify, including acting Chief of Staff Mick Mulvaney and ex-adviser John Bolton.
But there may not be any witnesses at all if Republicans decide they would rather keep the trial short, despite Mr Trump's calls for the Bidens and the whistleblower who sparked the Ukraine inquiry to appear.
Speaking on the senate floor on Tuesday, Mr McConnell suggested as much, saying the senate's duty is to "act as judge and jury to hear a trial, not to rerun the entire fact-finding investigation".
"We do not need jurors to start brainstorming witness lists for the prosecution," he added.
Mr Clinton's trial had no live witnesses.Mr Clinton's trial had no live witnesses.
Want to know more? 7) When will this all be over?
Will Trump give evidence? After the House presents the articles of impeachment to the Senate - a process that took three days in Mr Clinton's trial - senators must remain in session every day except Sunday until they make a final decision.
While the president could choose to appear before the Senate himself, it is much more likely he will have White House lawyer Pat Cipollone speak on his behalf. This means that the four Democratic senators who are running for the presidency - Bernie Sanders, Elizabeth Warren, Amy Klobuchar and Michael Bennet - will have to leave their campaigns behind for the length of the trial.
Mr Cipollone, like the impeachment managers, will be able to question witnesses and deliver opening and closing statements. The trial is likely to last for weeks but how many is anybody's guess - Mr Clinton's took almost a month. Democrats will hope it is all done by February and the start of the 2020 primary elections, which will decide their nominee to run against (probably) Mr Trump.
US media report Mr Trump may also bring some House conservatives onto his defence team, like Ohio congressman Jim Jordan or John Ratcliffe of Texas.
Will Biden or his son have to testify?
That will depend on what Mr McConnell chooses for the trial format. US media report Republicans are still debating if it is worth it to summon the Democratic former vice-president and his son as the president wants.
Mr Biden has dismissed calls for his testimony, telling NPR it is an attempt by the president to "divert attention" from the accusations against him.
"This is a Trump gambit he plays," Mr Biden said. "I will not yield to what everybody is looking for here. And that is to take the eye off the ball."
How long might this all take?
After the House presents the articles of impeachment to the Senate, they must consider them in session every day, except Sunday, until the final decision.
Mr Schumer has offered a tentative schedule for the trial, which would be the first order of business in the new year. In total, he has suggested some 126 hours of proceedings.
18 December - House votes on articles of impeachment
6 January - Start of Senate trial, guidelines and other housekeeping measures finalised
7 January - Swearing in of senators as jurors and Chief Justice Roberts
9 January - House prosecutors and White House counsel each have 24 hours to present arguments
The trial is likely to take weeks but how many is anybody's guess. Democrats will hope it is all done by the time the 2020 primary elections begin in February.