From the BBC:
“Trump impeachment: What you need
to know about the Senate trial”
For only the third time in
history, an American president is facing an impeachment trial, with hearings
set to start on Tuesday at 13:00 (18:00 GMT). 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. Here are seven questions and answers that will
help you understand the trial.
1) What is impeachment? 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. Those offences can
include "treason, bribery or other high crimes and misdemeanours". After
someone is impeached, they then go on trial in the Senate, the upper house of
Congress, the members of which will decide whether they are guilty or not. It's
a political trial, not a criminal one.
2) What is Mr Trump accused of? He's
facing two articles of impeachment, or charges. 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. 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. 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). Mr
Trump has denied any wrongdoing and his legal team say the "flimsy"
charges are a "dangerous perversion of the Constitution". 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.
3) Why is there a trial? This is
what led us to this moment: August 2019: A whistleblower made allegations
against President Trump. October - December: An investigation took place, with
hearings in the House of Representatives (the lower house of Congress,
controlled by Mr Trump's Democratic rivals). December: Democratic leaders from
the House voted to impeach Mr Trump. January 2020: The case was passed up to
the Senate (controlled by Mr Trump's Republicans), where the trial will take
place
4) What will the Senate trial
involve? 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, the
president just about kept his job. The only other president to face an
impeachment trial was Bill Clinton in 1999. He too survived. Two people are
deciding how the trial will be conducted: Mitch McConnell, the Republican
leader of the Senate, and his Democratic counterpart, Chuck Schumer. Mr
McConnell is seeking a quick trial and acquittal - he's proposed giving each
side 24 hours over two days for opening statements (which will mean some long
days in the Senate chamber). And he also wants a vote on whether any evidence
against Mr Trump should be admitted at all. Mr Schumer said Mr McConnell was
trying to prevent evidence from being heard, and said "the American people
will see it for exactly what it is". Other rules include: 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) in the Senate, 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. He
is not 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. President Trump's defence team will include special
prosecutors from President Bill Clinton's impeachment - Ken Starr and Robert
Ray. Alan Dershowitz, whose past clients
include OJ Simpson, is also part of the team which will be led by White House
counsel Pat Cipollone and Mr Trump's personal lawyer Jay Sekulow.
6) Will Mr Trump give evidence? He
could choose to appear before the Senate himself, but it's much more likely his
lawyers, Mr Cipollone and Mr 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 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
(including Mr Trump) will be called or not. 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 could
be interviewed by a committee of lawmakers, and footage of the testimony would
be aired during the trial instead. Mr Clinton's trial had no live witnesses. Monica
Lewinsky testified in a recorded interview during her former lover Bill
Clinton's trial in 1999
7) When will this all be over? 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. 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. 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.
^ I would like to see all of this
finish as quickly as possible and the Federal Government start dealing with
issues that affect ordinary Americans. It is a near-certainty that Trump will
be found not guilty and kept in office the same way Clinton was. Whether he is
guilty or not this has become a show trial with both sides being overly
dramatic and honestly - annoying. ^
https://www.bbc.com/news/world-us-canada-50813696
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