Trump’s Impeachment Trial a Day Away With Few Details Settled

The U.S. Senate is a day away from starting former President Donald Trump’s second impeachment trial with many of the details still to be ironed out even as the outcome -- an acquittal -- is all but assured.

“We have no agenda, we have no rules, we’ve been waiting, waiting, waiting,” said David Schoen, one of the lawyers representing Trump in the trial. “We’re planning as well as we can based on the briefs in the case, but we don’t know how it’s going to proceed at all.”

Trump’s defense team, led by Schoen and Bruce L. Castor Jr. is due to file its trial brief on Monday. They previewed their case in an initial response to the Jan. 13 House impeachment that argued the trial is unconstitutional because Trump is no longer in office, and said his fiery Jan. 6 speech to a crowd of supporters near the White House didn’t incite the violence and is protected by the First Amendment.

The nine House managers serving as prosecutors said in their 80-page brief last week that it’s “unmistakable” Trump is responsible for the insurrection, and that he must be convicted and barred from holding federal office again. They will emphasize his words at the rally held before the mob descended on the Capitol, as well as his actions leading up to the attack, including his months-long attempt to overturn the election results.

Party leaders in the Senate are still working out rules for the trial, including how much time each side will get to present its case, and whether witnesses will be called. Trump’s lawyers have already rejected a demand from the House prosecutors for the former president to testify under oath.

The trial rules will determine how much of the day is devoted to the trial. Several Democrats want to hold the impeachment trial for only part of the day so they can continue to work on the confirmation of President Joe Biden’s cabinet nominees and his Covid relief package. Members from both parties said that they want the trial to be over quickly.