BOISE, Idaho — Day two of the historic second impeachment trial of former President Donald Trump got underway Wednesday, but for many of us, there are several questions surrounding this process and what's to come.
“The impeachment process is a two-step process, there's the impeachment in the House and then there's trying the impeachment in the Senate and that is the phase that we are at,” said University of Idaho College of Law professor Shaakirrah Sanders.
She specializes in constitutional law, as well as criminal procedure and the First Amendment. We asked her, what's next?
“Presumptively starting today and until the trial adjourns, we'll hear evidence on whether or not the president is guilty as charged which is inciting insurrection,” Sanders said.
Now that the Senate has voted to move forward with this trial, KTVB asked Sanders what possible defense arguments Trump might use.
“I think the primary argument the president has is that the Senate lacks jurisdiction to convict because he is no longer president," Sander said. "Again, the Senate has already ruled on that and it is very likely that that is an issue that the U.S. Supreme Court may not review. So beyond that, it appears that former President Trump has the argument that his actions did not arise to the level of incitement. I suspect part of former President Trump’s argument is that since he is no longer the president this should be a criminal trial, not an impeachment and not a trial in the Senate.”
She adds other arguments he may use is that any attempt to try to prevent him from running for office would violate his constitutional rights under substitutive due process.
“So, something more than just this opportunity to be heard and notice but that there is substitutive right at issue, the right he argues is the right to run or rerun for president of the United States,” Sanders said.
As for the possible outcomes, Sanders explained there are a few options.
“He could have a number of outcomes," Sanders said. "One, the Senate could vote to acquit as they did when President Trump was impeached the first time, they could choose to convict but not prevent President Trump from rerunning for office, and then the final option would be to convict and prevent former President Trump from running for office.”