All you need to know about the Donald Trump trial - 20 Minutes

  • The Donald Trump impeachment trial actually begins on Tuesday.
  • Charged for "abuse of power" and obstructing Congress, he was tried by senators. Except for a dramatic change, he should be acquitted, given the Republican majority in the Senate.
  • Surprises are not excluded, especially if new witnesses like John Bolton are called.

From our correspondent in the United States,

It is the final step in the battle of impeachment. Charged by the House for "abuse of power" and "obstructing Congress", Donald Trump faces the threat of dismissal during his Senate trial. After points of procedure last Thursday, the debates really begin this Tuesday. Thanks to the Republican majority, the American president is almost guaranteed to be acquitted. But his trial, which is expected to last between two and five weeks, could hold surprises, especially if key witnesses, such as former White House adviser John Bolton, were heard.

What is Donald Trump accused of?

Seeking help from Ukraine to investigate Joe Biden and his son Hunter (who worked for the Ukrainian gas company Burisma when his father was vice-president) in the hope of obtaining compromising information of the presidential election of November 3. Democrats believe he put pressure on Kiev by suspending US military aid. For them, this falls into the category of “major crimes and misdemeanors” justifying dismissal.

How long will the trial last?

It depends. The leader of the Republicans, Mitch McConnell, would like an express procedure which would last approximately two weeks, judging Donald Trump only on the elements presented to the House, without hearing new witnesses. Democrats want to summon several personalities, including former National Security Advisor John Bolton and Donald Trump's chief of staff, Mick Mulvaney.

What is the difference with a traditional trial?

Impeachment is a political procedure. Donald Trump is not being tried criminally: he is not accused of breaking American law, but of violating his oath of president (for putting his personal interest before that of the United States, according to Democrats). Here, senators are both the jury and, in some respects, the judge - it is they who set the rules of the trial, in particular. Chief Justice John Roberts, who presides, has a largely ceremonial role. It can decide what evidence is admissible, but the Senate can override it by vote. In the event of a 50-50 tie, John Roberts could however be called upon to play the referees.

Who plays the role of the prosecutor?

The Democrats have chosen seven "house managers," who will argue to try to convince senators of Donald Trump's guilt. This includes former prosecutor Adam Schiff, who led the charge of impeachment in the House.

Who defends Donald Trump?

The defense of the American president is led by White House legal adviser Pat Cipollone and by one of Donald Trump's personal lawyers, Jay Sekulow, whom we had seen a lot in front of Robert Mueller. The White House called on ex-Bill Clinton ex-Nemesis Kenneth Starr (the special prosecutor in the Lewinsky case) and media lawyer Alan Dershowitz on Friday. This is a risk because the latter not only defended Jeffrey Epstein, but he was also accused by one of the victims of having committed sexual abuse, which he denies.

Is the trial televised?

In part. Mitch McConnell only authorized a camera, which will sometimes be turned off, when the Senate decides to have a closed session, for example when voting on witnesses.

How will the hearing go?

Senators will vote on Tuesday to establish certain rules. The question of witnesses will probably not be decided immediately: the moderate Republican Susan Collins wishes to wait for the managers of the Chamber to present their files in order to decide whether the calling of witnesses is justified. At the end of the debates, the 100 senators will vote to condemn or acquit Donald Trump.

Will John Bolton and other witnesses be heard?

The suspense is total. It will take a vote of 51 senators to call witnesses. Some Republicans seem to be in favor, like Mitt Romney and Susan Collins, but it will take four, in addition to the 47 Democrats. Donald Trump could try to block them by using his "executive privilege". But according to legal experts, the Senate should be able to overrule because we are not in a criminal trial. After procrastinating, former National Security Advisor John Bolton said he would agree to testify if summoned.

Will Trump testify?

A few months ago, he had assured that he was ready to do so. He had made the same speech to Robert Mueller before changing his mind. Logically, his lawyers should explain to him that this is a very bad idea.

Will there be live testimonials?

No doubt not. If the Senate summons witnesses, they will, a priori, be questioned "behind closed door", as during the trial of Bill Clinton in 1999. Videos of their testimony could however be broadcast in the Senate subsequently. Overall, do not expect a theatrical audience. Senators must remain silent, under penalty of imprisonment. If they have a question for managers or for the defense of Donald Trump, they must do so in writing, and the head of the Supreme Court reads it.

Can Donald Trump be removed?

This nuclear scenario has almost no chance of happening. Most Republicans, like Mitch McConnell or Lindsay Graham, have already said they are convinced of Donald Trump's innocence. With 47 Democrats out of 100, 20 Republican senators would have to abandon their president to reach the two-thirds majority necessary for his dismissal. Unless new elements emerge, Donald Trump should therefore be acquitted ... and face the verdict at the polls on November 3.

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