Trump trial starts with constitutional fight

Bloomberg

Donald Trump’s second Senate impeachment trial begins on Tuesday Washington time. The trial is sure to be rich in political and constitutional significance even though it’s all but certain to end in acquittal, with most Republicans in opposition.
The nine House managers prosecuting Trump will argue that he betrayed his oath of office as president by inciting the January 6 attack on the Capitol. They plan to use video of Trump’s call to action and the assault that followed. Trump’s lawyers said in their legal brief filed that his words were constitutionally protected free speech and didn’t incite his supporters to violence.
Before Trump’s impeachment trial can begin in earnest, there will be an impassioned debate about whether it’s even constitutional to have it.
Trump’s lawyers argue that he can’t be tried because he’s no longer in office. The House impeachment managers, who will prosecute the case, argue there is no such thing as a “January Exception” to the Constitution that “allows Presidents to abuse power in their final days without accountability.”
That debate will go on for four hours, divided equally between the sides, to present those arguments — followed by a vote in the Senate on whether the trial is constitutional. A simple majority will decide the question. Five Republican senators voted with Democrats on January 26 to block an effort to declare the trial unconstitutional,
indicating it will continue.
Starting at noon on Wednesday, the impeachment managers and the defense will each get up to 16 hours spread over two days to present their cases.
After that will be four hours for questions from senators. Then the Senate will hear arguments and vote on whether to allow witnesses, which could add substantially to the trial’s length. In the final stage, both sides get four hours to make closing arguments before the Senate deliberates and votes on a verdict.