The second Senate impeachment trial of former President Donald Trump is scheduled to begin on February 9 after Senate leaders reached a deal to push it back, giving Trump’s legal team more time to prepare and Senate Democrats a chance to consider Covid-19 legislation and to confirm President Joe Biden’s Cabinet.
House Democrats will formally walk over the single article of impeachment against Trump to the Senate on Monday evening, but the agreement between Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell will push back the substance of the trial until February. Without an agreement, the trial would have started the afternoon after the article was transmitted to the Senate.
“We have made good progress in our efforts to determine the timing and structure of the impeachment trial of Donald J Trump,” Schumer said Friday evening announcing the trial schedule, saying it would begin the week of February 8.
Under the agreement, the ceremonial functions of the trial will occur next week, with the articles being presented on Monday and senators being sworn in as jurors on Tuesday. Then the trial will pause, while the House impeachment managers and Trump’s legal team exchange pre-trial briefs for two weeks. The final briefs would be due on February 9, allowing the trial itself to begin.
A delay to the impeachment trial also makes sense for Democrats because the trial had threatened to stall the confirmation of Biden’s Cabinet, as well as put a stop to any consideration of another Covid stimulus package, as Senate Republicans said Friday they would not allow the Senate to confirm nominees at the same time the trial is going on. The trial’s timing had been one of several logistical hurdles the Senate is tackling amid broader negotiations between Schumer and McConnell over how the 50-50 Senate will be governed.
McConnell had proposed delaying the trial until early February, arguing that Trump’s legal team should be given ample time to prepare after the House’s swift impeachment of Trump for “incitement of insurrection” earlier this month. The timeline Schumer announced Friday evening is one week earlier that what McConnell had proposed, but the Kentucky Republican’s team praised the agreement Friday.” This is a win for due process and fairness,” said McConnell spokesman Doug Andres.
The length of the trial is still an open question and will depend both on whether the House impeachment managers seek to call witnesses and the length of senators’ questions for the legal teams. But sources say most believe the trial will be shorter than the three-week 2020
impeachment trial for Trump.