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Speaker Nancy Pelosi (D-San Francisco) plans to send the article of impeachment against former President Trump to the Senate on Monday, possibly marking the start of the trial.
Trump was impeached by the House for inciting the Jan. 6 mob that attacked the Capitol, making him the only president to be impeached twice and the first to stand trial after leaving office.
Under Senate rules, the trial motions — such as the swearing in of senators and issuance of a summons to Trump— would have to begin the day after the Senate receives the article unless Republicans and Democrats broker an agreement to change that timeline.
Without a deal, arguments would begin after that. Pelosi could put pressure on Republicans to cut a deal with Senate Majority Leader Charles E. Schumer (D-N.Y.) since many have said they want to give Trump adequate time to put together a defense.
“The Senate will conduct a trial of the impeachment of Donald Trump,” Schumer said on the Senate floor Friday morning. “It will be a full trial. It will be a fair trial.”
Senate Minority Leader Mitch McConnell (R-Ky.) on Thursday pitched Schumer on allowing more time before the trial begins. He proposed that pretrial proceedings take place Jan. 28, with additional time before the trial actually begins. Schumer’s announcement Friday was essentially a rejection of that offer.
Senators on Friday speculated that Schumer and McConnell could still settle on an agreement to delay the proceeding. Democrats also say Trump deserves a chance to establish a legal team and put together a defense. Sen. Lindsey Graham (R-S.C.) said Thursday that Trump had hired South Carolina lawyer Butch Bowers to represent him.
“I can’t imagine that both McConnell and Schumer don’t want to have a little more structure here, and particularly Schumer — leave a little more time to move forward with the early Biden [nominations] before we get locked into the trial,” said Sen. Roy Blunt (R-Mo.).
Democrats have incentive to delay the trial, too. Once it begins, it will be difficult for the Senate to do any other business, such as confirming President Biden’s Cabinet appointees. The Senate’s rules require the trial to begin every day at 1 p.m. and continue until there is a vote on conviction. The only way around that is a deal between all senators. Republicans rejected Biden’s request that the Senate bifurcate its work into using the morning for confirmations and afternoons for trial.
“We’re not going to split the day. At least I wouldn’t,” Graham said. “That’s the business of the Senate, once we go into it. They’re choosing to do this. We’re going to do it the way we’ve always done it. We’ve never split the day.”
Pelosi said in a statement that the House is “attentive” to the fairness of the process. She pointed out the House managers responsible for presenting the case to the Senate will have as much time to prepare as the president does.
“Our managers are ready to begin to make their case to 100 Senate jurors through the trial process,” she said.
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