Preparations underway for Trump's second impeachment trial

Trump Impeachment

In their brief Tuesday, the House managers pushed back on the Republican claims, arguing that there is ample history and precedent to hold a trial for Trump.

Still, the Constitution specifies that disqualification from office can be a punishment for an impeachment conviction, and Democrats made clear that they see that as a worthwhile objective in this case.

The First Amendment, they write, does not apply to an impeachment proceeding. Trump denied the allegations through his lawyers and called the trial unconstitutional.

The House Democratic prosecutors charged that Trump's incendiary words and actions in the run-up to the attack led his followers to descend on the Capitol "like a loaded cannon" to try to prevent the certification of Democrat Joe Biden's election victory over Trump.

Still, Republicans have signaled that acquittal is likely, with many saying they think Congress should move on and questioning the constitutionality of an impeachment trial - Trump's second - now that he has left office.

"President Trump is personally responsible for inciting an armed attack on our seat of government that imperiled the lives of the vice president, members of Congress and our families, and those who staff and serve the legislative branch", they wrote. "If provoking an insurrectionary riot against a Joint Session of Congress after losing an election is not an impeachable offense, it is hard to imagine what would be".

Supporters of President Donald Trump rally at the U.S. Capitol on January 6, 2021, in Washington.

While no president has ever been tried after leaving the White House, the Democrats cite a precedent - the 1876 impeachment trial of a secretary of war during the Grant administration who resigned his office to avoid an impeachment trial.

"There is no "January Exception" to impeachment or any other provision of the Constitution".

"President Trump's conduct offends everything that the Constitution stands for", the House lawmakers, known as impeachment managers, wrote in their 80-page brief.

Enough Republican senators have signalled opposition to impeachment to indicate that the chamber nearly certainly will fall short of the two-thirds majority needed to convict him.

In their brief, the impeachment managers also make their argument for the constitutionality of impeaching and convicting a now-former president.

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At the same time, the singer said she isn't sure she will accept the honor if Joe Biden were to offer it to her. Jim Jordan were among those honored by the former president.

"There is no First Amendment defense to ignoring and violating your constitutional duty", Schiff told MSNBC.

Trump's lawyers also reject the Democratic claim that Trump's conduct was part of his efforts to subvert the election results.

Trump was impeached for the second time on January 13, one week before Biden was sworn in as the 46th president of the United States.

Trump's lawyers said: "It is denied that President Trump incited the crowd to engage in destructive behaviour".

The pre-trial brief also noted how rioters stated publicly that they stormed the Capitol at Trump's urging.

His legal team defended Mr Trump's claims that the election was stolen from him with widespread voting fraud and irregularities - claims repeatedly rejected by U.S. courts.

Dozens of courts in multiple states found the argument baseless.

The single article of impeachment passed by the House accuses Trump of "incitement of insurrection".

Asked whether the Biden administration was concerned that Trump's defense team might incite further violence by continuing to argue his claim of election fraud, White House spokeswoman Jen Psaki was cautious.

"Watching the potential for violence is something that we will do closely", she said.

President Trump -- who has come into a new legal team after his attorneys abruptly quit because they refused to lie on Trump's behalf -- is now being represented by attorneys David Schoen, longtime advisor of Roger Stone, and Bruce Castor, a former Pennsylvania district attorney who refused to prosecute Bill Cosby.

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