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Donald Trump became the first president impeached twice after the House voted to approve an article on inciting an insurrection. It's unlikely enough Republicans will join Democrats to convict him.
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The Senate trial began Tuesday on one article the House approved, charging former President Donald Trump with incitement of insurrection for the Capitol riot. Most senators want a short trial.
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House managers say the former president is responsible for the Jan. 6 riot. But Trump's attorneys argue that his "speech was never directed to inciting or producing any imminent lawless action."
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The former president is accused of having incited a mob of his supporters on Jan. 6, leading to the insurrection at the Capitol.
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In a separate filing due ahead of next week's trial, former President Donald Trump's defense team calls the impeachment effort unconstitutional and denies he incited the crowd on Jan. 6.
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Attorneys David Schoen and Bruce Castor Jr. will help defend the former president in next week's trial before the Senate on one article of impeachment, "incitement of insurrection."
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Some Republicans are arguing that former President Donald Trump should not face a Senate impeachment trial because he's a private citizen. That was argued before — and rejected narrowly — in 1876.
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Sen. Rand Paul forced a vote on whether the Constitution allows the Senate to try a former president. Ahead of the trial it could indicate how many Republicans are open to voting to convict Trump.
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The trial itself will begin on Feb. 9, giving the Democratic House impeachment managers and Trump's defense team two weeks to file briefs and finalize their legal preparations.
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Chief Justice John Roberts will not take on the role for the trial that begins the week of Feb. 8, a source says. A chief justice presides only when a sitting president is on trial.
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Prominent Republicans continued to criticize the idea of trying an out-of-office president, while some Democrats worried about hampering President Biden's agenda.
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The House of Representatives, which voted to impeach Trump last week, plans to transmit the article of impeachment on Monday evening.