Second impeachment trial of Donald Trump

For the impeachment in the House of Representatives, see Second impeachment of Donald Trump.

Second impeachment trial of Donald Trump
President pro tempore Patrick Leahy presides over the second impeachment trial of Donald Trump.
DateJanuary 26 – February 13, 2021
(2 weeks and 4 days)
AccusedDonald Trump, former President of the United States
Presiding officerPresident pro tempore Patrick Leahy
House managers:
Defense counsel:
OutcomeAcquitted by the U.S. Senate, 57 guilty, 43 not guilty (10 short of 67 needed to convict)
Charges
CauseTrump's conduct before and during the U.S. Capitol attack; Trump–Raffensperger phone call
January 6 United
States Capitol attack
Timeline • Planning
Background
2020 presidential election
and other causes
Related groups and persons
Participants
Notable people
Organizations
Law enforcement response
Aftermath
Biden inauguration
Investigations and charges
Corporate actions
Reactions
Impeachment and 2024 presidential election

The second impeachment trial of Donald Trump, the 45th president of the United States (in office from 2017 to 2021), began on February 9, 2021, and concluded with his acquittal on February 13. Donald Trump had been impeached for the second time by the House of Representatives on January 13, 2021. The House adopted one article of impeachment against Trump: incitement of insurrection. He is the only U.S. president and only federal official to be impeached twice. He was impeached by the House seven days prior to the expiration of his term and the inauguration of Joe Biden. Because he left office before the trial, this was the first impeachment trial of a former president.[1] The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results (including his claims of election fraud and his efforts to pressure election officials in Georgia) and stated that Trump incited the attack on the Capitol in Washington, D.C., while Congress was convened to count the electoral votes and certify the victory of Joe Biden and Kamala Harris.[2]

At the beginning of the trial, Senator Rand Paul forced a vote to dismiss the impeachment charge on the basis that it was unconstitutional to try a former president, arguing that impeachment only applies to current federal officers and that the punishment of removal from office was moot under the circumstances. Supporters of proceeding with the trial argued that the Constitution also permits disqualification from holding future office, which the House had requested in its article of impeachment. The motion was defeated in a 55–45 vote, with all Democrats, both independents, and five Republicans (Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania) voting against the motion.[3][4] This was the first time that a former president had been tried, and only the second time the Senate tried someone who had already left office, after Secretary of War William W. Belknap in 1876. Jamie Raskin was the lead impeachment manager and the primary author – along with Representative David Cicilline and Representative Ted Lieu – of the impeachment article, which charged Trump with inciting an insurrection by sparking the Capitol attack. Joaquin Castro, Eric Swalwell, Madeleine Dean, and Stacey Plaskett also assisted in delivering the oral arguments for conviction.

Trump's defense was led by Michael van der Veen, a personal injury lawyer from Philadelphia, along with David Schoen and Bruce Castor. Van der Veen's style and substance during the trial drew ridicule and criticism from many, with gasps and laughter in the Senate when he stated that he would seek to depose at least 100 people at his Philadelphia office, including Speaker of the House of Representatives Nancy Pelosi and Vice President Kamala Harris.[5][6] Trump had originally hired Butch Bowers and Deborah Barbier to represent him, but they quit along with three other lawyers after "the former president wanted the lawyers representing him to focus on his allegations of mass election fraud" and his false claim that "the election was stolen from him."[7]

At the conclusion of the trial, the Senate voted 57–43 to convict Trump of inciting insurrection, falling 10 votes short of the two-thirds majority required by the Constitution, and Trump was therefore acquitted. Seven Republican senators joined all Democratic and independent senators in voting to convict Trump, the largest bipartisan vote for an impeachment conviction of a U.S. president or former U.S. president.[8][9] After the vote on the acquittal, Mitch McConnell said, "There's no question that President Trump is practically and morally responsible for provoking the events of the day."[10] but he voted against conviction due to his interpretation of the United States Constitution.[11]

  1. ^ Fandos, Nicholas (January 8, 2021). "How to Impeach a President in 12 Days: Here's What It Would Take". New York Times. Archived from the original on January 8, 2021. Retrieved January 11, 2021.
  2. ^ Fandos, Nicholas (January 13, 2021). "Trump Impeached for Inciting Insurrection". The New York Times. Archived from the original on January 14, 2021. Retrieved January 14, 2021.
  3. ^ Cite error: The named reference Fandos was invoked but never defined (see the help page).
  4. ^ Hughes, Siobhan; Wise, Lindsay (January 26, 2021). "Most Republican Senators Reject Constitutionality of Trump Impeachment". The Wall Street Journal.
  5. ^ "Senate laughs during Trump lawyer's speech". CNN. February 13, 2021. Archived from the original on February 14, 2021. Retrieved February 13, 2021.
  6. ^ "Senate Erupts In Laughter After Trump Lawyer Says Impeachment Depositions Need To Happen 'In Person In His Office In Philadelphia". The Hill. February 13, 2021. Archived from the original on February 14, 2021. Retrieved February 13, 2021.
  7. ^ O'Connell, Oliver (January 31, 2021). "Trump impeachment lawyers quit after he 'demanded they repeat election fraud claims'". The Independent. Archived from the original on February 8, 2021. Retrieved February 14, 2021.
  8. ^ Fandos, Nicholas (February 13, 2021). "Trump Acquitted of Inciting Insurrection, Even as Bipartisan Majority Votes 'Guilty'". The New York Times.
  9. ^ "Donald Trump impeachment trial: Ex-president acquitted of inciting insurrection". BBC News. February 13, 2021. Archived from the original on February 14, 2021. Retrieved February 14, 2021.
  10. ^ "Read McConnell's remarks on the Senate floor following Trump's acquittal | CNN Politics". CNN. February 13, 2021.
  11. ^ Sprunt, Barbara (February 13, 2021). "After Voting To Acquit, McConnell Torches Trump As Responsible For Riot". NPR. Retrieved January 8, 2022.