Donald Trump has become the first and only - of 45 presidents the United States has known since its founding 240 years ago - to be tried before the Senate twice with the aim of impeachment.
And after the bloody events of January 6, in which hundreds of Trump supporters stormed the Capitol to block the approval of members of the House of Representatives and Senate for Joe Biden's victory, the House of Representatives voted on January 13 to condemn the outgoing president, and then to trial him before the House Elders.
This development is a historical event par excellence, as Congress has never tried to impeach and try the president for the second time during his term, and it increases the excitement ruling that President Trump's rule has already ended on the 20th of last month.
Trump's trial took place a few days before the end of his term in office according to the constitution (Reuters)
Al Jazeera Net presents in a question and answer everything related to Trump's second trial:
What is the timeline up to the holding of the trial in the Senate?
January 13: Trump is indicted before the House of Representatives by a vote of 232 to 197, and all Democratic members, plus 10 Republicans, vote to convict him.
January 25: Conviction and trial request sent to the Senate.
January 26: Senators are sworn in. The indictment is sent to the former president.
February 3: The prosecution team submitted a legal memorandum that reflected its principled positions and arguments to convict Trump.
February 8: Date of submission of the Trump defense team's memorandum containing arguments exonerating Trump.
February 9: Trial proceedings begin in the Senate.
It is not known when the trial will end, but commentators are expecting several days or weeks.
Have American presidents been prosecuted in the past to impeach them?
Yes, it happened only 3 times, in 1868 President Andrew Jackson was tried, and after more than 130 years President Bill Clinton was tried in 1998, and the last time was the end of 2019 when President Trump was in the Senate.
In all three cases, the Senate acquitted the presidents and continued to exercise their duties.
Has any former president been tried after the end of his term?
No, it did not happen before, from here we are facing a unique case where what Trump is being tried has occurred a few days before the end of his term, and the Democrats considered that the charges warrant his punishment even after the end of his term.
What will happen in the court sessions?
The members of the Senate play the role of the jury, and the debate and hearing of the attorneys and defense attorneys are opened over several days, then at the end of the deliberations the 100 members of the House vote to convict or acquit Trump, and a two-thirds majority (67 votes) is required to convict Trump.
What is the text of the indictment?
Former President Donald Trump is accused of inciting a rebellion against the government, threatening the security, safety and interests of the United States in order to obstruct the peaceful transfer of power, and his attempt to use force to change the election results so that the losing candidate becomes the winner.
What is the position of members of the Republican Party?
The results of the vote to convict Trump in the House of Representatives showed significant Republican support for the former president, as 95% of Republicans chose to vote against the conviction, while only 10 (5%) members agreed to vote in favor of the conviction.
Then 45 of the 50 Republican senators expressed their support for a bill submitted by Senator Rand Paul that considers the trial unconstitutional in its essence, and only 5 Republicans have rejected the proposal.
Trump is accused of inciting a revolt against the government, threatening the security, safety and interests of the United States (European News Agency)
On what basis do Republicans count to reject Trump's conviction?
Republicans argue that speeding up such a trial has damaged democracy and exacerbated the division within the United States.
They also believe that the short time available before the end of the President's judgment did not allow witnesses to be called or technical experts to be heard.
Their leaders believe that the Democrats are seeking revenge against the president and achieve political gains for their party at the expense of the Republicans, and put all possible obstacles to Trump's return to the American political battle.
What is the constitutionality of the trial of a former president with the aim of removing him?
The position of the constitution is unclear, and experts ’disagreements have increased the absence of historical precedents in this field, and some constitutional experts believe that a trial with the aim of impeaching a former president has now become an ordinary citizen who is obligated if he commits major crimes.
On the other hand, some experts believe that the end of Trump's rule makes the impeachment trial meaningless, while others argue that the end of Trump's ruling does not mean the absence of the trial's goals to deter any future president who does something harmful to the country.
Who heads the Senate if the trial is held?
In normal circumstances, the trial will be presided over by President of the Constitutional Court, Judge John Roberts, and because Trump has become a private citizen, Patrick Leahy, Democratic Senator from Vermont, will preside over the trial.
The senator is entitled to vote like all other members of the Senate.
What's the point of a trial now that Trump is out of office?
If Trump is convicted, this means preventing Trump from political work in the future, and this deprives him from running for the presidency again in 2024, and if he is also condemned, Trump also loses many of the benefits granted to former presidents.
Who will take charge of the prosecution and defense?
The prosecution team will consist of a number of members of the House of Representatives, in addition to a number of assistant lawyers.
The team will be chaired by Jimmy Ruskin, a Democratic member of Maryland, a member of the House Judiciary Committee and a professor of constitutional law.
As for the defense team, Trump announced in a statement on January 31 that attorneys David Shawn and Bruce Castor Jr. will lead his defense.
Will there be witnesses?
Trump refused a request from the prosecution team to testify under oath, and no witnesses were called to testify in the deliberations of the House of Representatives, and the Democrats believe that there is no need for witnesses as the whole world watched the storming process and heard Trump's speech before that.
As for Republicans, the trial is political, and for it to be completed, witnesses must be called like any normal trial.
What are the prospects for conviction?
Very low, and some see it as non-existent, and this is evidenced by the fact that 45 Republican senators voted on the unconstitutionality of the trial, as for Trump to be convicted, all Democrats and 17 Republican senators must vote.
What are the alternatives for Democrats if Trump is acquitted by the Senate trial?
Democrats, and some Republicans, hope to prevent Trump from political action in the future, and if Trump is acquitted, both houses of Congress can adopt by a simple majority (50% + 1) a new law that prohibits Trump from government political action based on Constitutional Amendment No. 14, which referred to the third paragraph It states that no person may occupy any position, whether civilian or military, belonging to the US government if he participates in any rebellion or insurrection against the US government.
In the event that Trump objects, as expected, Trump's future political fate will end before the US Supreme Court, with unconfirmed results.