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Donald Trump impeached for the second time: What happens next

The article of impeachment against Donald Trump might have easily passed the lower house, but the next step could be more difficult.

Trump betrayed by party, impeached for second time

With today’s historic vote Donald Trump became the only president to be impeached twice.

If he is found guilty at his Senate trial it will be another first, with no successful impeachment having ever occurred.

Last January, when Mr Trump faced a Senate trial accused of abuse of power in his dealing with Ukraine, he was the third president to face an impeachment trial and the first since Bill Clinton in the 1990s.

Following today’s vote in the House, the process moves to the Senate for trial.

Donald Trump has become the only US president to be impeached twice. Picture: AFP
Donald Trump has become the only US president to be impeached twice. Picture: AFP

The hopes of his critics that this process would bring an early end to Mr Trump’s term were dashed by Senate Republican Leader Mitch McConnell, who said his trial would not take place until after Joe Biden’s inauguration next week.

“There is simply no chance that a fair or serious trial could conclude before President-elect Biden is sworn in next week,” he said.

If Mr Trump had been in office, a two-thirds majority guilty verdict would have been necessary to remove him.

Now that we know he won’t face a trial until he is replaced, there would need to be a second Senate vote on whether or not he is able to stand again for president if he is found guilty of incitement of insurrection.

Last year’s trial played out along strict party lines, but the fallout from the Capitol incursion has been so dramatic that several key Republicans have turned on Mr Trump.

Not only did 10 cross the floor of the House in favour of impeachment on Wednesday, but Mr McConnell has signalled that he would consider a guilty verdict.

A guilty verdict would require at least 17 Republicans to cross the floor.

Speaker of the House Nancy Pelosi, signs the article of impeachment during an engrossment ceremony after the US House of Representatives voted to impeach the US President Donald Trump. Picture: AFP
Speaker of the House Nancy Pelosi, signs the article of impeachment during an engrossment ceremony after the US House of Representatives voted to impeach the US President Donald Trump. Picture: AFP

The Constitution has some guidance on how impeachment works but senators have flexibility with trial rules and Mr McConnell has refused to schedule an emergency session to speed up the process.

Whether or not witnesses will be called and what kind of evidence will be admitted is up to the Senate, which will be controlled by a Democrat majority after January 20.

If there are witnesses, senators can ask them questions in writing.

According to the rules of impeachment, an independent judge will preside. Last year it was Chief Justice John Roberts. He had the power to overrule senators if their behaviour was at odds with pre-agreed terms. But senators can also overrule the presiding judge with a vote.

Mr Trump will also be entitled to legal counsel, who can ask questions.

Originally published as Donald Trump impeached for the second time: What happens next

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Original URL: https://www.heraldsun.com.au/news/world/donald-trump-impeached-for-second-time-what-happens-next/news-story/22ee48f097d644320c7d1813d8db9230