Former President Donald Trump's second impeachment trial is set to begin at 1 pm in the afternoon on Tuesday. Trump has been charged with incitement of violence during last month's deadly invasion of the Capitol by his supporters.
Trump's defense team led by attorneys Bruce L. Castor Jr. and David Schoen will argue that the trial is unconstitutional because Trump is no longer a sitting President of the United States.
The latest developments in this story suggest that the nine House managers will show previously unseen evidence at the trial that begins Tuesday, according to Reuters.
While it’s still unclear whether outside witnesses will be called to testify, the senators who will act as jurors in the trial experienced the Jan. 6 attack first-hand, and the impeachment managers plan to present video evidence as a refresher, Bloomberg reported.
Most Senate Republicans have embraced the argument that the trial against Trump is unconstitutional. A majority of 45 of 50 Senate Republicans voted for a resolution declaring the trial unconstitutional because Trump is no longer in office. The Democrats will need seventeen Republicans to convict Trump, The New York Times reported.
Trump Will Not Testify
Last week, Trump's lawyers rejected a request for his testimony under oath at the Senate trial.
"We are in receipt of your latest public relations stunt. As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding," attorneys Castor and Schoen wrote to lead impeachment manager Representative Jamie Raskin (D-Md.), last week.
"Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen," they wrote. "The use of our Constitution to bring a purported impeachment proceeding is much too serious to play these games.”
Four Days of Arguments
Each side has up to 16 hours to make their case, and a final vote on whether to convict or acquit Trump could take place early next week, The New York Times reported.
This will be followed by a day of questioning by the senators. The trial will then proceed with closing arguments and a final vote.
Trump's first Senate trial, over his pressure campaign on Ukraine, ended in acquittal a year ago, The Times had reported.