One of Trump's defense attorneys, David Schoen, originally requested that the trial proceedings be paused during the Sabbath — after 5 p.m. ET on Friday through Saturday — before reconvening on Sunday afternoon.
But on Monday evening, Schoen withdrew his request, explaining that he would simply not participate during that time, and other members of Trump's legal team would continue.
CNN is now reporting that Trump himself prompted the reversal due to his desire for a speedy trial.
Eager to start a post-presidency life that'll likely include $ speeches overseas & rallies targeting rivals, Trump didn't want the outcome of his trial delayed, which is why his attorney sent a last minute letter saying they no longer needed a suspension.https://t.co/MzxwbmmZ2G
— Kaitlan Collins (@kaitlancollins) February 9, 2021
Here at National Review, plenty has been written laying out the constitutionality debate. Ramesh Ponnuru, Andy McCarthy, and Dan McLaughlin have all made the case that Trump’s trial is constitutional, while John Bolton and law professors Robert Delahunty and John Yoo have argued that it is not.
This afternoon, the second impeachment trial of Donald Trump will begin in the U.S. Senate on charges that the former president incited an insurrection at the Capitol on January 6.
The first four hours will center on the constitutionality of the trial itself — the Trump team argues that impeaching Trump after he has left office constitutes “nothing more nor less than the trial of a private citizen by a legislative body” and violates Article I, Section 9 of the U.S. Constitution.
While Democrats need 17 of the 50 GOP senators to join them in convicting Trump and barring him from future office, the majority of the Republican caucus — including Minority Leader Mitch McConnell — voted with Senator Rand Paul last month on a point of order that declared Trump’s impeachment trial unconstitutional, making conviction unlikely.
The House Democrat impeachment managers call Trump’s actions “the most grievous constitutional crime ever committed by a President.” They also argue that “[t]he Framers’ intent, the text of the Constitution, and prior Congressional practice all confirm that President Trump must stand trial for his constitutional crimes committed in office,” and that “[t]here is no ‘January Exception’ to the Constitution that allows Presidents to abuse power in their final days without accountability.”
Democrats requested last week that Trump testify at his own trial, a proposal that was swiftly rejected by the former president’s legal team and deemed a “public relations stunt.”
Opening arguments will begin on Wednesday, with both sides allotted 16 hours each over a period of four days to present their cases, according to an agreement reached Monday between McConnell and Senate Majority Leader Chuck Schumer (D., N.Y.). Senators will subsequently be given four hours of questioning for each side, and the issue of whether to call witnesses will then be debated.