The second day of former President Donald Trump’s Senate impeachment trial has come to an end, with prosecutors relying on videos containing what Rep. Jamie Raskin called “graphic and disturbing violence.” Late Wednesday, the House impeachment managers looked at what Trump was doing during the Jan. 6 riot at the US Capitol, which left five people dead, including a Capitol Police officer. Raskin and others argued Trump continued to stoke the violence and “did nothing to protect us” as rioters streamed into the Capitol where a joint session of Congress was confirming President Joe Biden’s election win.
The impeachment managers, who serve as the trial’s prosecution, contrasted the disturbing footage of the violence at the Capitol (watch here) with Trump’s actions at those times.
“President Trump had the power to stop these attacks,” Rep. David Cicilline said. “He could have commanded them to leave, but he didn’t.”
Watch: Trump impeachment trial stream: Day 2 arguments
Instead, Trump tweeted a highlight reel from his rally speech that morning amid the violence of the Capitol being broadcast on international TV while “his own vice president was under violent attack.” Trump then called the rioters “great patriots” in a later tweet. Earlier on Wednesday, Twitter confirmed it permanently banned Trump from the platform, even if he were to be acquitted and run again for president.
Trapped members of Congress were phoning the White House, pleading for Trump to do something to stop the violence, the House impeachment managers said. There’s no indication Trump ever deployed the National Guard. “He left everyone in this Capitol for dead,” Rep. Joaquin Castro said.
Three and a half hours into the attack on the Capitol, Trump also released a video saying “you’re very special” and “we love you” to the rioters, while repeating the lie that the election was stolen. “This was a message of consolation, of support, of praise,” Castro said. “Not condemnation.”
Relying on never-before-released footage, radio dispatches between Capitol police, first-hand accounts, posts on social media and affidavits, the House impeachment trial managers also argued former Vice President Mike Pence was the main target of the insurrection after he refused to overturn the election results.
Pence wasn’t evacuated until around 2:26 p.m. ET the day of the insurrection, Rep. Stacey Plaskett revealed. Rioters came very close to finding Pence — who was sheltering in the building with his family — as insurrectionists “broke into the Capitol to hunt them down.”
The trial has been adjourned until 12 p.m. ET Thursday.
Keep reading for everything you need to know about the new video shown, most important moments in the trial so far, Trump lawyers’ defense strategy and the updated schedule for the rest of the trial. We’ll continue to update this story as the trial continues.
Biggest moments so far in Trump’s impeachment trial
House impeachment managers, who serve as prosecutors in the Senate trial, began presenting their case that the former president incited the rioters to violence on Jan. 6. Here is some of the evidence presented so far.
Previously unreleased video footage showing the attack on the Capitol, including security footage as well as mocked-up models showing where rioters were in relation to senators.
Video clips and tweets from Trump to argue that in the weeks leading up to the Jan. 6 riot, Trump repeatedly called on his supporters to storm the Capitol. Video clips included Trump supporters repeating Trump’s false claims about the election and that the only way Trump could lose was if the election was stolen. Trump deliberately used false claims about election fraud, the House managers claimed, to “trigger an angry base to ‘fight like hell‘ to overturn a legitimate election.
Audio recordings of Trump pressuring state officials to overturn election results that had certified Biden’s win, and audio of dispatches between Capitol police during the insurrection.
An emotional presentation detailed the managers’ claim that Trump attempted to pressure Pence and members of Congress to overturn the results on Jan. 6, the day of the election certification. (The election results were certified by Pence.)
Trump’s actions during the insurrection, including a survey of the former president’s tweets and videos on Jan. 6.
Graphic videos are a major part of the prosecution
So far, the case against Trump has been built around a mix of widely available and never-before-released video footage, audio and tweets to suggest a pattern of behavior that culminated in the insurrection, framing both as an assault on democracy.
The trial began with Raskin’s emotional presentation of a disturbing video timeline of the assault on the Capitol, using footage captured around and inside the Capitol building on Jan. 6. The graphic riot video included attacks on police and the fatal shooting of Ashli Babbitt. Raskin, in his opening remarks, spoke of the death of his son Tommy days before the attack, which he described as “the saddest day of our lives,” as well as the emotional effects the Capitol attack had on his family, who were with him during the riot.
The new trial schedule suggests a vote in sight
Trump’s impeachment trial was originally going to pause from Friday at 5 p.m. ET until Sunday morning, if a vote didn’t occur by then. On Wednesday, Trump’s defense reportedly withdrew the request, signaling that the trial could extend through Saturday and Sunday, according to The Hill.
This is how the trial will unfold (and here is where to watch on Day 3):
- Feb. 11, 12 p.m. ET: The House managers will finish arguing their case; prosecutors and defense will have up to 16 hours each to present their arguments, with neither side permitted to present for more than eight hours per day.
- Feb. 12 and 13: The defense will make their presentation.
- Feb. 14, 2 p.m. ET: Senators’ questions.
- Next week: Closing arguments — two hours for each side — and the vote on conviction or acquittal, for which a two-thirds majority is required.
If the House impeachment managers want to call witnesses or subpoena documents prior to their closing arguments, there will be two hours of debate by each side followed by a Senate vote on whether to allow this. If witnesses are called, there will be enough time given to depose them, and for each party to complete discovery before testimony is given.
Trump lawyers’ defense rests on two things
On Day 1, Trump’s legal team took the stand, relying on a more dispassionate analysis of the Constitution to suggest that the impeachment trial is without merit. The defense is widely expected to counter the prosecution’s emotional arguments with the opposite approach.
“Presidents are impeachable. Presidents are removable. Former presidents are not because they can’t be removed,” Trump attorney David Shoen said. “The Constitution is clear. Trial by the Senate is reserved for the president of the United States, not a private citizen or used-to-be president.”
Raskin countered: “The Constitution makes clear there is no January exception to the impeachment power, that a president can’t commit grave offenses in their final days and escape any congressional response.”
In addition to arguing that the trial is unconstitutional, Trump’s lawyers are also expected to argue that Trump exercised his right to free speech, and that the Capitol Hill rioters acted on their own.
Read more: The 14th Amendment is a cornerstone of Trump’s impeachment on Day 2
The senator presiding over Trump’s impeachment trial is a juror, too
The US Constitution lays out clear guidelines for impeaching a sitting president: The Supreme Court chief justice should preside. Trump’s trial is an unusual case, however, since he is now a private citizen as of Jan. 20.
Sen. Patrick Leahy, the new Senate president pro tempore, is presiding. As a senator he is also still expected to be able to vote in the trial. He is also a witness to the Capitol riot. The House is prosecuting the case, and the Senate sits as jury and will ultimately vote to convict or acquit.
To convict Trump, 67 senators — or two-thirds of the Senate — must vote in favor. Following Biden’s inauguration, the Senate is now made up of 48 Democrats, two independents who caucus with Democrats and 50 Republicans, for an even 50-50 split.
6th Republican Senator joined Democrats in test vote
Following the arguments from the two sides, the Senate voted on whether it is constitutional to try a former president. A total of 56 senators voted in favor and 44 against — meaning six Republican senators voted to continue the trial along with the 48 Democrats and two independents.
“It was disorganized, random,” Sen. Bill Cassidy, a Republican from Louisiana, said following the proceedings. “[Trump’s lawyers] talked about many things but didn’t talk about the issue at hand … Is it constitutional to impeach a president who’s left office? And the House managers made a compelling, cogent case, and the president’s team did not.”
To convict Trump, 17 Republican senators would need to vote in favor, along with the 48 Democrats and two independents, to reach the two-thirds supermajority.
A previous motion on Jan. 27 to declare the trial unconstitutional saw just five Republicans vote with Senate Democrats. On Monday, Republican Sens. Mitt Romney, Ben Sasse, Susan Collins, Lisa Murkowski and Pat Toomey were this time joined by Cassidy in voting in favor.
Here’s what happens if the Senate either convicts or acquits Trump
If the former president is convicted in the Senate, there will be an additional vote to bar him from running again (per the US Constitution Article 1, Section 3), which would preclude a possible presidential run in 2024. This vote would require only a simple majority, where Vice President Kamala Harris serving as president of the Senate would cast a tie-breaking vote, if required.
Trump could also be disqualified from the benefits given to former presidents by the Post Presidents Act, including a Secret Service security detail, pension and yearly travel allowance.
According to the US Constitution, impeached presidents also can’t be pardoned.
If acquitted, Trump would have access to all the benefits of a former US president, including the option to run for public office.
More background: Trump’s second Senate impeachment trial: Here’s what could happen
Trump’s impeachment in 2019
Trump was impeached in December 2019 by the House, but the Republican-majority Senate acquitted him at the beginning of 2020.
His first impeachment involved articles accusing Trump of abusing power and obstructing Congress. The issue was Trump’s dealings with Ukraine, including a July 2019 phone call in which he appeared to be using US military aid as a bargaining chip to pressure Ukraine into investigating alleged ties between his political opponent Biden, Biden’s son Hunter and a Ukrainian gas company. The articles also charged Trump with interfering with a House inquiry into the Ukraine matter.