Explainer | What happens next for Donald Trump’s impeachment trial?

No president has been tried by Senate after he left office – a question that divides constitutional scholars

Some Republicans have signalled deep resistance to a Senate trial for Donald Trump

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Former president Donald Trump waves to supporters as his motorcade drives through West Palm Beach, Florida. File photo: AP

Published: 1:05pm, 25 Jan 2021Updated: 5:09pm, 25 Jan 2021

Former US president Donald Trump’s historic second impeachment trial starts in February, but the process really begins January 25, when the House sends the article of impeachment to the Senate and both sides begin preparing for a trial with many unknowns.

The House swiftly impeached Trump January 13, charging him with inciting an insurrection at the US Capitol the week before. In the trial, senators will vote to decide whether to convict or acquit Trump.

The trial is unprecedented in nearly every way possible. No president had been impeached twice, and no president has been tried by the Senate after he left office – a question that divides constitutional scholars over what is legally permissible.

Democrat Senate Majority Leader Chuck Schumer announced the trial will begin the week of February 8 after both sides have had time to file briefs. But much remains unclear on what happens next, including what the trial will look like and when it might conclude. Some have questioned whether the chamber even has the authority to hear the impeachment case, because Trump is no longer in office.

When will the trial actually start?

The first step is the House officially transmitting its article – similar to a charge – to the Senate. That is expected to happen on Monday, January 25.

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