Overview of Trump's upcoming Senate impeachment trial

Following a historic second impeachment on Jan. 13, former President Donald Trump awaits his Senate impeachment trial, which is set to begin Feb. 8. 

Trump’s impeachment stems from a riot at the Capitol that left five dead following his speeches in Georgia and Washington, D.C.. Trump’s mentioning of fighting several times in his speeches is cited as the reason that the Capitol riots occurred.

“President Trump is singularly responsible for the violence and destruction that unfolded in our seat of government on January 6,” House Impeachment Managers wrote in an 80-page brief published Feb. 2. 

This was the second time Trump had been impeached — the first impeachment charging him with abuse of power and obstruction of congress. This time, the House is alleging incitement of insurrection against the U.S. government.

Impeachment requires the House of Representatives and the Senate. The House charges with impeachment and sends a federal official to trial. The Senate holds the actual trial and votes to convict or acquit.

Should Trump be convicted, he would lose almost all post-presidency perks.

He could lose pension, health insurance, office space and staff. No president has ever been denied these post-presidency privileges. He would also be disqualified from running for Presidency again.

There has also never been a president in history to be impeached twice before now. Of all of the presidents that have been impeached, none have been convicted.

To be convicted, the Senate will need a two-thirds majority vote in favor of conviction.

The Senate is currently made up of 50 Democrats — including two Independents that caucus with the Democratic party — and 50 Republicans. Vice President Kamala Harris gives the Democrats a majority in the event of a tied vote.

In the House impeachment proceedings, every Democrat voted in favor of impeachment. If the same is true in the Senate impeachment trial, 17 Republicans would need to vote to convict to reach a two-thirds majority. 

Ten Republicans voted to impeach Trump in the house, making this vote of impeachment the most bipartisan in US history.

In a pre-trial vote on Jan. 25, only five Republican senators voted in favor of even holding the impeachment trial. If this is any indication of how senators will vote during the trial, acquittal is a near certainty. 

Despite the general opposition of the GOP regarding impeachment, several Republican senators break that trend. Sen. Rob Portman (R-Ohio) and Sen. Bill Cassidy (R-La.) both stated that they would keep an open mind during the trial. 

Portman even said in an interview with CNN that he holds Trump “partly responsible” for the Capitol riots and that his actions were “wrong and inexcusable.”

Sen. Mitch McConnell (R-Ky.) has previously stated that he blames Trump for the Capitol riots, but he has not said how he will be voting in the Senate trial. 

Trump hired two private lawyers, Bruce Castor and David Schoen. Castor is the former district attorney in Montgomery, Pennsylvania. Schoen is a defense lawyer in Atlanta. 

The main argument Trump’s lawyers will pose for his defense is that the trial should be considered unconstitutional due to the fact that Trump is out of office.

Trump’s original legal team jumped ship due to Trump’s adamancy that the trial be focused on the claim that the election was fraudulent. 

Trump’s first impeachment trial lasted 19 days. How long his upcoming trial may last remains uncertain.