Trump impeachment goes to Senate, testing his sway over GOP

ONALD JOHN TRUMP, FORMER PRESIDENT OF THE UNITED STATES. THE PRESIDENT PRO TEMPORE: THE MANAGERS ON THE PART OF THE HOUSE WILL BE RECEIVED AND ESCORTED TO THE WELL OF THE SENATE. THE PRESIDENT PRO TEMPORE: THE SERGEANT AT ARMS WILL MAKE THE PROCLAMATION. THE SERGEANT AT ARMS: HEAR YE, HEAR YE, HEAR YE! ALL PERSONS ARE COMMANDED TO KEEP SILENT, ON PAIN OF IMPRISONMENT, WHILE THE HOUSE OF REPRESENTATIVES IS EXHIBITING TO THE SENATE OF THE UNITED STATES AN ARTICLE OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, FORMER PRESIDENT OF THE UNITED STATES. THE PRESIDENT PRO TEMPORE: THE MANAGERS ON THE PART OF THE HOUSE WILL PROCEED MR. RASKIN: MR. PRESIDENT, THE MANAGERS ON THE PART OF THE HOUSE OF REPRESENTATIVES ARE HERE AND PRESENT AND READY TO PRESENT THE ARTICLE OF IMPEACHMENT WHICH HAS BEEN PREFERRED BY THE HOUSE OF REPRESENTATIVES AGAINST DONALD JOHN TRUMP, FORMER PRESIDENT OF THE UNITED STATES. THE HOUSE ADOPTED THE FOLLOWING RESOLUTION, WHICH WITH THE PERMISSION OF THE SENATE I WILL READ. HOUSE RESOLUTION 40. IN THE HOUSE OF REPRESENTATIVES, UNITED STATES. JANUARY 13, 2021, RESOLVED, THAT MR. RASKIN, MS. DEGETTE, MR. CICILLINE, MR. CASTRO, MR. SWALWELL, MR. LIEU, MS. PLASKETT, MS. DEAN, THAT A MESSAGE BE SENT TO THE SENATE TO INFORM THE SENATE OF THE APPOINTMENTS AND THAT THE MANAGERS SO APPOINTED MAY IN CONNECTION WITH THE PREPARATION AND THEPRONDUCT OF THE TRIAL EXHIBIT THE ARTICLE OF IMPEACHMENT TO THE SENATE AND TAKE ALL OTHER ACTIONS NECESSARY WHICH MAY INCLUDE THE FOLLOWING -- EMPLOYING LEGAL, CLERICAL, AND OTHER NECESSARY ASSISTANCE, AND INCURRING SUCH OTHER SPENCES AS -- EXPENSES AS MAY BE NECESSARY TO BE PAID UNDERD THE APPLICABLE EXPENSE RESOLUTIONS OR APPLICABLE ACCOUNTS FROM THE HOUSE OF REPRESENTATIVES. TWO, SENDING FOR PERSONS AND PAPERS IN FILING WITH THE SECRETARY OF THE SENATE ON THE PART OF THE HOUSE OF REPRESENTATIVES ANY PLEADINGS IN CONJUNCTION WITH OR SUBSEQUENT TO THE EXHIBITION OF THE ARTICLES OF IMPEACHMENT THAT THE MANAGERS CSIDER NECESSARY. NANCY PELOSI, SPEAKER OF THE HOUSE OF REPRESENTATIVES. WITH THE PERMISSION OF THE SENATE, I WILL NOW READ THE ARTICLE OF IMPEACHMENT. HOUSE RESOLUTION 24 IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, JANUARY 13, 2021. RESOLVED, THAT DONALD JOHN TRUMP, PRESIDENT OF THE UNITED STATES, IS IMPEACHED FOR HIGH CRIMES AND MIEMEANORS AND THAT THE FOLLOWING ARTICLE OF IMPEACHMENT BE EXHIBITED TO THE UNITED STATES SENATE. ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST DONALD JOHN TRUMP, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS. ARTICLE 1: INCITEMENT OF INSURRECTION. THE CONSTITUTION PROVIDES THAT THE HOUSE OF REPRESENTATIVESSE "SHALL HAVE THE SOLE POWER OF IMPEACHMENT" AND THAT THE PRESIDENT "SHALL BE REMOVED FROM OFFICE ON IMPEACHMENT FOR, AND CONVICTION OF, TREASON, BRIBERY, OR OTHER HIGH CRIMES AND MISDEMEANORS." FURTHER, SECTION 3 OF THE 14TH AMENDMENT TO THE CONSTITUTION PROHIBITS ANY PERSON WHO HAS "ENGAGED IND INSURRECTION OR REBELLION AGAINST" THE UNITED STATES FROM "HOLDING ANY OFFICE UNDER THE UNITED STATES." IN HIS CONDUCT WHILE PRESIDENT OF THE UNITED STATES -- AND IN VIOLATION OF HIS CONSTITUTIONAL OATH FAITHFULLY TO EXECUTE THE OFFICE OF PRESIDENT OF THE UNITED STATES AND, TO THE BEST OF HIS ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION OF THE UNITED STATES, AND IN VIOLATION OF HIS CONSTITUTIONAL DUTY TO TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED -- DONALD JOHN TRUMP ENGAGED IN HIGH CRIMES AND MISDEMEANORS BYAN INCITING VIOLENCE AGAINST THE GOVERNMENT OF THE UNITED STATES, IN THAT: ON JANUARY 6, 2021, PURSUANT TO THE 12TH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES, THE VICE PRESIDENT OF THE UNITED STATES, THE HOUSE OF REPRESENTATIVES, AND THE SENATE MET AT THE UNITED STATES CAPITOL FOR A JOINT SESSION OF CONGRESS TO COUNT THE VOTES OF THE ELECTORAL COLLEGE. IN THE MONTHS PRECEDING THE JOINT SESSION, PRESIDENT TRUMP REPEATEDLY ISSUED FALSE STATEMENTS ASSERTING THAT THE PRESIDENTIAL ELECTION RESULTS WERE THE PRODUCT OF WIDESPREAD FRAUD AND SHOULD NOT BE ACCEPTED BY THE AMERICAN PEOPLE OR CERTIFIED BY STATE OR FEDERAL OFFICIALS. SHORTLY BEFORE THE JOINT SESSION COMMENCED, PRESIDENT TRUMP ADDRESSED A CROWD AT THE ELLIPSE IN WASHINGTON, D.C. THERE, HE REITERATED FALSE CLAIMS THAT "WE WON THIS ELECTION AND WE WON IT BY A A LANDSLIDE." HE ALSO WILLFULLY MADE STATEMENTS THAT, IN CONTEXT, ENCOURAGED -- AND FORESEEABLY RESULTED IN -- LAWLESS ACTION AT THE CAPITOL, SUCH AS "IF YOU DON'T FIGHT LIKE HELL YOU'RE NOT GOING TO HAVE A COUNTRY ANYMORE." THUS INCITED BY PRESIDENT TRUMP, MEMBERS OF THE CROWD HE HAD ADDRESSED, IN AN ATTEMPT TO, AMONG OTHER OBJECTIVES, INTERFERE WITH THE JOINT SESSION'S SOLEMN CONSTITUTIONAL DUTY TO CERTIFY THE RESULTS OF THE 2020 PRESIDENTIAL ELECTION, UNLAWFULLY BREACHED AND VANDALIZED THE CAPITOL, INJURED AND KILLED LAW ENFORCEMENT PERSONNEL, MENACED MEMBERS OF CONGRESS, THE VICE PRESIDENT, AND CONGRESSIONAL PERSONNEL, AND ENGAGED IN OTHER VIOLENT, DEADLY, DESTRUCTIVE, AND SEDITIOUS ACTS. PRESIDENT TRUMP'S CONDUCT ON JANUARY 6, 2021, FOLLOWED HIS PRIOR EFFORTS TO SUBVERT AND OBSTRUCT THE CERTIFICATION OF THE RESULTS OF THE 2020 PRESIDENTIAL ELECTION. THOSE PRIOR EFFORTS INCLUDED A PHONE CALL ON JANUARY 2, 2021, DURING WHICH PRESIDENT TRUMP URGED THE SECRETARY OF STATE OF GEORGIA, BRAD RAFFENSPERGER, TO "FIND" ENOUGH VOTES TO OVERTURN THE GEORGIA PRESIDENTIAL ELECTION RESULTS AND THREATENED SECRETARY RAFFENSPERGER IF HE FAILED TO DO SO. IN ALL THIS, PRESIDENT TRUMP GRAVE LIR ENDANGERED THE SECURITY OF THE UNITED STATES AND ITS INSTITUTIONS OF GOVERNMENT. HE THREATENED THE INTEGRITY OF THE DEMOCRATIC SYSTEM, INTERFERED WITH THE PEACEFUL TRANSITION OF POWER, AND IMPERILED A COEQUAL BRANCH OF GOVERNMENT. HE THEREBY BETRAYED HIS TRUST AS PRESIDENT, TO THE MANIFEST INJURY OF THE PEOPLE OF THE UNITED STATES. WHEREFORE, DONALD JOHN TRUMP, BY SUCH CONDUCT, HAS DEMONSTRATED THAT HE WILL REMAIN A THREAT TO NATIONAL SURITY, DEMOCRACY, AND THE CONSTITUTION IF ALLOWED TO REMAIN IN OFFICE, AND HAS ACTED IN A MANNER GROSSLY INCOMPATIBLE WITH SELF-GOVERNANCE AND THE RULE OF LAW. DONALD JOHN TRUMP THUS WARRANTS IMPEACHMENT AND TRIAL, REMOVALIA FROM OFFICE, AND DISQUALIFICATION TO HOLD AND ENJOY ANY OFFICE OF HONOR, TRUST, OR PROFIT UNDER THE UNITED STATES. NANCY PELOSI, SPEAKER OF THE HOUSE OF REPRESENTATIVES. MR. PRESIDENT, THAT COMPLETES THE EXEXHIBITION OF THEIORTICLE OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, PRESIDENT OF THE UNITED STATES. THE MANAGERS REQUEST THAT THE SENATE TAKE ORDER FOR THE TRIAL. THE MANAGERS NOW REQUEST LEAVE TO WITHDRAW. THE PRESIDENT PRO TEMPORE: THANK YOU, MR. RASKIN. THE SENATE WILL DULY NOTIFY THE HOUSE OF REPRESENTATIVES WHEN IT ISHE READY TO PROCEED WITH THE TRIAL. THANK YOU MR. SCHUMER: MR. PRESIDENT. THE PRESIDENT PRO TEMPORE: THE MAJORITY LEADER. MR. SCHUMER: I SUGGEST THE ABSENCE OF A QUORUM. THE PRESIDENT PRO TEMPORE: THE CLERK WILL CALL THE ROLL. QUORUM C

Democrats marched the impeachment case against Donald Trump to the Senate Monday night for the start of his historic trial, but Republican senators were easing off their criticism of the former president and shunning calls to convict him over the deadly siege at the U.S. Capitol.It's an early sign of Trump's enduring sway over the party.The House prosecutors delivered the sole impeachment charge of "incitement of insurrection," making the ceremonial walk across the Capitol to the Senate. But Republican denunciations of Trump have cooled since the Jan. 6 riot. Instead, Republicans are presenting a tangle of legal arguments against the legitimacy of the trial and questions whether Trump's repeated demands to overturn Joe Biden's election really amounted to incitement.What seemed for some Democrats like an open-shut case that played out for the world on live television, as Trump encouraged a rally mob to "fight like hell" for his presidency, is running into a Republican Party that feels very differently. Not only are there legal concerns, but senators are wary of crossing the former president and his legions of followers who are their voters. Security remains tight at the Capitol.Sen. John Cornyn, R-Texas, said if Congress starts holding impeachment trials of former officials, what's next: "Could we go back and try President Obama?"Besides, he suggested, Trump has already been held to account. "One way in our system you get punished is losing an election."Arguments in the Senate trial will begin the week of Feb. 8, and the case against Trump, the first former president to face impeachment trial, will test a political party still sorting itself out for the post-Trump era. Republican senators are balancing the demands of deep-pocketed donors who are distancing themselves from Trump and voters who demand loyalty to him.One Republican, Sen. Rob Portman of Ohio, announced Monday he would not seek reelection in 2022 citing the polarized political atmosphere.For Democrats the tone, tenor and length of the upcoming trial, so early in Biden's presidency, poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration's priorities following their sweep of control of the House, Senate and White House. Senate Majority Leader Chuck Schumer said Republicans appear more eager to argue over trial process than the substance of the impeachment case against Trump, perhaps to avoid casting judgment on the former president's "role in fomenting the despicable attack" on the Capitol. He said there's only one question "senators of both parties will have to answer before God and their own conscience: Is former President Trump guilty of inciting an insurrection against the United States?"Failing to conduct the trial would amount to a "get-out-jail-free card" for other officials accused of wrongdoing on their way out the door, Schumer said.On Monday, it was learned that Chief Justice John Roberts is not expected to preside at the trial, as he did during Trump's first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office.Instead, Sen. Patrick Leahy, D- Vt., who serves in the largely ceremonial role of Senate president pro-tempore, is set to preside. Leaders in both parties agreed to a short delay in the proceedings that serves their political and practical interests, even as National Guard troops remain at the Capitol amid security threats on lawmakers ahead of the trial.The start date gives Trump's new legal team time to prepare its case, while also providing more than a month's distance from the passions of the bloody riot. For the Democratic-led Senate, the intervening weeks provide prime time to confirm some of Biden's key Cabinet nominees. Sen. Chris Coons, D-Del., questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a "stunning violation" of the nation's history of peaceful transfers of power. "It is a critical moment in American history," Coons said Sunday in an interview.An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. Still, the mounting Republican opposition to the proceedings indicates that many GOP senators would eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him.Video: Sen. Schumer goes over impeachment timelineSen. Tom Cotton, R-Ark., said he doesn't believe the Senate has the constitutional authority to convict Trump after he has left office."I think a lot of Americans are going to think it's strange that the Senate is spending its time trying to convict and remove from office a man who left office a week ago," Cotton said.Democrats reject that argument, pointing to an 1876 impeachment of a secretary of war who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president as Electoral College votes were being tallied, is necessary to ensure such a siege never happens again.A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump. Sen. Mitt Romney, R-Utah, said he believes "what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense." Romney said, "If not, what is?" But Romney, the lone Republican to vote to convict Trump when the Senate acquitted the then-president in last year's trial, appears to be an outlier. ___Associated Press writer Hope Yen contributed to this report.

WASHINGTON —

It's an early sign of Trump's enduring sway over the party.

The House prosecutors delivered the sole impeachment charge of "incitement of insurrection," making the ceremonial walk across the Capitol to the Senate. But Republican denunciations of Trump have cooled since the Jan. 6 riot. Instead, Republicans are presenting a tangle of legal arguments against the legitimacy of the trial and questions whether Trump's repeated demands to overturn Joe Biden's election really amounted to incitement.

What seemed for some Democrats like an open-shut case that played out for the world on live television, as Trump encouraged a rally mob to "fight like hell" for his presidency, is running into a Republican Party that feels very differently. Not only are there legal concerns, but senators are wary of crossing the former president and his legions of followers who are their voters. Security remains tight at the Capitol.

Sen. John Cornyn, R-Texas, said if Congress starts holding impeachment trials of former officials, what's next: "Could we go back and try President Obama?"

Besides, he suggested, Trump has already been held to account. "One way in our system you get punished is losing an election."

Arguments in the Senate trial will begin the week of Feb. 8, and the case against Trump, the first former president to face impeachment trial, will test a political party still sorting itself out for the post-Trump era. Republican senators are balancing the demands of deep-pocketed donors who are distancing themselves from Trump and voters who demand loyalty to him.

One Republican, Sen. Rob Portman of Ohio, announced Monday he would not seek reelection in 2022 citing the polarized political atmosphere.

For Democrats the tone, tenor and length of the upcoming trial, so early in Biden's presidency, poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration's priorities following their sweep of control of the House, Senate and White House.

Senate Majority Leader Chuck Schumer said Republicans appear more eager to argue over trial process than the substance of the impeachment case against Trump, perhaps to avoid casting judgment on the former president's "role in fomenting the despicable attack" on the Capitol.

He said there's only one question "senators of both parties will have to answer before God and their own conscience: Is former President Trump guilty of inciting an insurrection against the United States?"

Failing to conduct the trial would amount to a "get-out-jail-free card" for other officials accused of wrongdoing on their way out the door, Schumer said.

Susan Walsh / AP Photo

Clerk of the House Cheryl Johnson along with acting House Sergeant-at-Arms Tim Blodgett, lead the Democratic House impeachment managers as they walk through Statuary Hall in the Capitol, to deliver to the Senate the article of impeachment alleging incitement of insurrection against former President Donald Trump, Monday, Jan. 25, 2021 in Washington.

On Monday, it was learned that Chief Justice John Roberts is not expected to preside at the trial, as he did during Trump's first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office.

Instead, Sen. Patrick Leahy, D- Vt., who serves in the largely ceremonial role of Senate president pro-tempore, is set to preside.

Leaders in both parties agreed to a short delay in the proceedings that serves their political and practical interests, even as National Guard troops remain at the Capitol amid security threats on lawmakers ahead of the trial.

The start date gives Trump's new legal team time to prepare its case, while also providing more than a month's distance from the passions of the bloody riot. For the Democratic-led Senate, the intervening weeks provide prime time to confirm some of Biden's key Cabinet nominees.

Sen. Chris Coons, D-Del., questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a "stunning violation" of the nation's history of peaceful transfers of power.

"It is a critical moment in American history," Coons said Sunday in an interview.

An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. Still, the mounting Republican opposition to the proceedings indicates that many GOP senators would eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him.

Video: Sen. Schumer goes over impeachment timeline

Sen. Tom Cotton, R-Ark., said he doesn't believe the Senate has the constitutional authority to convict Trump after he has left office.

"I think a lot of Americans are going to think it's strange that the Senate is spending its time trying to convict and remove from office a man who left office a week ago," Cotton said.

Democrats reject that argument, pointing to an 1876 impeachment of a secretary of war who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president as Electoral College votes were being tallied, is necessary to ensure such a siege never happens again.

A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump.

Sen. Mitt Romney, R-Utah, said he believes "what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense." Romney said, "If not, what is?"

But Romney, the lone Republican to vote to convict Trump when the Senate acquitted the then-president in last year's trial, appears to be an outlier.

___

Associated Press writer Hope Yen contributed to this report.

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