Extract from ABC News
Former US president Donald Trump's second impeachment trial over accusations he incited his supporters to storm the US Capitol on January 6.
Five people died during the riot and hundreds of others were injured.
So is the impeachment trial the kind we see in TV courtroom dramas? Who are the key players in this process? Will Trump have to take the stand? How do they produce evidence? And, if Trump is acquitted, is this the end of the matter?
Is this really a trial?
Yes and no.
The Senate proceeding is called a trial and there are jurors and a judge.
However it is certainly not a criminal trial.
In a criminal trial the standard of proof is high and jurors must find the defendant guilty "beyond reasonable doubt".
However no such standard of proof exists in this impeachment trial, and senators can vote in line with their political beliefs, according to their conscience, or their understanding of the cases put forward.
Another difference is that defendants in criminal trials also face punishments such as fines, jail, and even the death penalty in some US states.
Think of the impeachment trial more along the lines of a pretty loose civil trial — it's basically a process to decide whether someone should be fired from their job.
Because Trump is no longer in office, however, there is effectively no immediate punishment if he is found guilty.
But if he is found guilty, the Senate could vote to ban him from holding a federal elective office again.
Who is the judge?
Usually an impeachment trial of a sitting president would be presided over by the chief justice of the Supreme Court.
However because Trump is no longer president, the longest-serving Democratic senator, Patrick Leahy, will run the show.
The 80-year-old is the president pro tempore, or the second-highest-ranking official of the Senate.
He is known for his progressive stance on everything from abortion rights and internet privacy to gun control and public health care.
Fun fact about Leahy: He is a huge Batman fan and has had cameos in several TV episodes and films. In The Dark Knight, he tells Heath Ledger's Joker, "We're not intimidated by thugs," to which the Joker replies, "You know, you remind me of my father. I hated my father."
Who is the prosecutor?
Nine Democratic members of Congress are acting as impeachment "managers" to prosecute the case against Trump.
They will take turns to prosecute the case in a similar way to lawyers in a courtroom.
They have to prove Trump incited the attempted insurrection at the Capitol.
The lead House impeachment manager is Jamie Raskin, who began drafting articles of impeachment against Trump the morning after the riot.
He is a professor of constitutional law and will likely start and finish the Democrats' argument.
Who are the jurors?
The senators themselves.
The 100-person US Senate will act as a court, hearing evidence and then voting on Trump's impeachment.
For the former president to be convicted, two-thirds of the Senate has to vote in favour of it.
Currently, 50 senators are Democrats and 50 are Republicans, so in order to secure a conviction, 17 Republicans will have to side with the Democrats.
The prospect of this seems fairly unlikely, but many, many stranger things have happened in the past 12 months.
Does Trump have to testify?
Nope.
Presidents Gerald Ford and Bill Clinton both provided testimony during impeachment proceedings while in office.
But Trump has never been one to follow tradition. He even found time for a round of golf on the eve of his trial.
Raskin sent Trump a letter asking him to provide testimony under oath about his conduct at the rally before the Capitol riot.
In the letter, Raskin wrote: "If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on January 6, 2021."
Trump gave the request a hard pass.
Raskin retorted: "His immediate refusal to testify speaks volumes and plainly establishes an adverse inference supporting his guilt."
The Senate could vote to subpoena Trump, or any other witness, in a simple majority vote during the trial. However, it is unclear if senators believe it necessary.
Trump's lawyers, Bruce Castor and David Schoen, will attempt to have the trial thrown out on the grounds it is unconstitutional to prosecute a former president.
How is evidence presented at the trial?
So far, the Democrats haven't explicitly ruled out calling witnesses at the trial, but they have said it is unlikely.
That is because Trump's actions and words in the lead-up to the riot, as well as the events inside the Capitol itself, were captured on video and played out in the world's media.
The House managers and Trump's defence team will present up to 16 hours of argument spread over two days. The House managers are expected to rely on the trove of videos from the siege, and vision of Trump's repeated incendiary rhetoric refusing to concede the election.
Trump's defence team has said it will counter with videos of Democrats making fiery speeches.
Analysts say the way social media video is used in this trial will shape history, regardless of the outcome.They argue it will set the stage for future American tribunals, may be used in future criminal trials against those involved in violence at the Capitol, and will represent a "curious portrait of the various forces motivating the base of the Republican party at this moment in history".
After the arguments are completed in the impeachment trial, the senators have four hours to ask questions of both sides.
Then either side can make a request for witnesses.
If no witnesses are called, the trial could rapidly come to a close with potential motions by senators, deliberations on the charges, closing arguments and then a vote on whether to convict Trump of high crimes and misdemeanours.
Can there be an appeal?
No. The Senate's decision is final.
In other words if Trump is impeached by the Senate he cannot have the decision overturned.
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