Majority Leader Schumer Announces Agreement On Structure To Ensure A Fair And Honest Bipartisan Senate Impeachment Trial Of Donald J. Trump

February 8, 2021

Washington, D.C. – Senate Majority Leader Chuck Schumer (D-NY) today announced an agreement on a Senate resolution setting up the structure of the upcoming Senate impeachment trial of Donald J. Trump that ensures the trial will be fair to both the impeachment managers and defense. 

“I’m pleased that all parties - the managers, former president’s counsel and Leader McConnell - have agreed to this plan to ensure a fair and honest bipartisan Senate impeachment trial of Donald J. Trump this week,” said Senate Majority Leader Chuck Schumer. “This impeachment trial in the United States Senate will allow for truth and accountability, which are essential to ensuring desperately-needed unity and healing in our country following the despicable attack on our democracy on January 6 that left five people dead.”

Specifically, the new Senate resolution (found here), which is expected to pass the Senate early this week, provides for:

  • Up to 4 hours equally divided between the Impeachment Managers and the former president’s counsel to present arguments on Tuesday February 9 on the constitutionality of the trial. Following these arguments the Senate will vote, at a simple majority threshold, on whether the Senate has jurisdiction under the Constitution to try the former president.  If a majority votes in favor of the constitutionality of the trial, it will proceed under the provisions of the resolution as follows. 
  • Up to 16 hours per side for the Impeachment Managers and the defense to present their case beginning Wednesday, Feb. 10 at 12:00pm EST. The resolution states that each side must use their time over no greater than two days and each day’s presentation will not exceed 8 hours.
  • Following presentations from both sides, a total of 4 hours for Senators to question the two parties
  • At the request of the Impeachment Managers, following the Senator question period, there will be 2 hours equally divided for arguments on whether it will be in order for the Senate to consider motions to subpoena witnesses and documents, if so requested. If the Senate votes in favor, then motions to subpoena witnesses or documents will be in order, and the Senate will vote on any such motions.
    • If witnesses or documents are subpoenaed, both parties will be allowed to depose witnesses and conduct appropriate discovery. In that event, specific provisions for the conduct of depositions, and of witness testimony in the Senate, if ordered by the Senate, would be included in a subsequent Senate resolution to be agreed to later in the trial.
  • Up to 4 hours equally divided between the Impeachment Managers and defense for closing arguments.
  • At the conclusion of closing arguments, and deliberation time for Senators, if requested, the Senate will vote on the Article of Impeachment.

Additional trial information:

  • Per the request of President Trump’s counsel, no trial proceedings will occur between Friday after 5 p.m. or on Saturday. The Senate will again convene as a Court of Impeachment in the afternoon of Sunday February 14.

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