Trump's second trial to start with vote over constitutionality

WASHINGTON (AP) — The Senate is poised to launch Donald Trump’s second impeachment trial Tuesday, the defeated former president charged by the House with inciting the deadly mob attack on the Capitol to overturn the election in what prosecutors argue is the “most grievous constitutional crime.”

Trump’s lawyers are insisting that he is not guilty of the sole charge of “incitement of insurrection,” his fiery words just a figure of speech as he encouraged a rally crowd to “fight like hell” for his presidency. But prosecutors say he “has no good defense” and they promise new evidence.

The Capitol siege on Jan. 6 stunned the world as rioters stormed the building to try to stop the certification of President-elect Joe Biden’s victory. Five people died.

With senators gathered as the court of impeachment, the trial will start with debate over whether it’s constitutionally permissible to prosecute Trump after leaving office. His defense team has embraced this question, which could resonate with Republicans eager to acquit Trump without being seen as condoning his behaviour. They argue in filings the trial is “patently ridiculous.”

But the House prosecutors will cite the nation’s founders to declare a president “must answer comprehensively for his conduct in office from his first day in office through his last.” There is no “January exception” just before he leaves office, they will argue, according to aides granted anonymity to discuss the arguments ahead of the trial.

“Sweeping it under the rug will not bring unity,” Senate Majority Leader Chuck Schumer said Tuesday at the Capitol. “You need truth and accountability.”

Trump is the first president to face impeachment charges after leaving office and the first to be twice impeached for high crimes and misdemeanors. He remains a challenge to the nation’s civic norms and traditions even in defeat.

Security remains extremely tight at the Capitol, a changed place after the attack, fenced off with razor wire and armed National Guard troops on patrol.

Acquittal is likely, but the trial will test the nation’s attitude toward his brand of presidential power, the Democrats’ resolve in pursuing him, and the loyalty of Trump’s Republican allies defending him.

It appears unlikely that the House prosecutors will call witnesses, in part because the senators sworn as jurors, forced to flee for safety, will be presented with graphic videos recorded that day. At his Mar-a-Lago club in Florida, Trump has declined a request to testify.

Instead, House managers prosecuting the case will show videos of the violence, including never before seen evidence, and chart a succinct story beginning with Trump’s false claims the election was stolen and ending with the attempt at insurrection.

Trump’s defense team has said it plans to counter with its own cache of videos of Democratic politicians making fiery speeches. “We have some videos up our sleeve,” Senior Trump adviser Jason Miller said on a podcast Monday.

Trump’s defenders suggest he was simply exercising his First Amendment rights when he encouraged his supporters to protest at the Capitol, and they argue the Senate is not entitled to try Trump now that he has left office.

House impeachment managers, in their own filings, assert that Trump “betrayed the American people” and has no valid excuse or defense.

“His incitement of insurrection against the United States government — which disrupted the peaceful transfer of power — is the most grievous constitutional crime ever committed by a president,” the Democrats have said.

Trump’s second impeachment trial is expected to diverge from the lengthy, complicated affair of a year ago. In that case, Trump was charged with having privately pressured Ukraine to dig up dirt on Biden, then a Democratic rival for the presidency.

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