2nd Impeachment Trial: What this could mean for Trump

Donald Trump will be the first president to undergo an impeachment trial after leaving office, but opponents of the impeachment say a trial may be unconstitutional.
8:14 | 02/08/21

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Transcript for 2nd Impeachment Trial: What this could mean for Trump
There will be an impeachment trial in the United States senate. And if the president and his convicted there will be a vote on barring him from running again. On January 13 between one House of Representatives voted to compete Donald Trump making that first president in US history to be impeached twice. The article of impeachment speaks at trump and cited an insurrection. Citing his role in the seat on the capitol on G six. Going to try if I and then all sit fish. But experts say that trumps harmful rhetoric started well before the rally but it wasn't just January 6 there called what. It was days or weeks the months leading to it. So how has trumps rhetoric since the election that led to this historic impeachment. And if he's convicted by the senate and what can mean for president. Who is no longer in office I. And being impeached twice is not something you already risen. Impeachment was put into the constitution by the founders is a very critical. Check against abuse of power. I think executive vice president. Impeachment is when the House of Representatives filed charges against a sitting official these charges have to fall under the categories of treason. Bribery. Or high crimes and misdemeanors. It's not written in the constitution it. What it means to be high crime and explain what the founders meant and what congress has done ever since to say yes. The most important he needs to be abuse of power piece of office. Different for presidents faced serious impeachment moves. Andrew Johnson. He was charged with illegally firing cabinet. And then it was Richard Nixon. He was charged with breaking federal criminal. Nixon resigned from office before he was certain to be impeached and convicted. Then there was Bill Clinton who was engaged in 1998. He was charged with lying in a civil deposition and losses. In Trump's first impeachment he put pressure on foreign leaders trying to smear Joseph Biden and his family for political gain that was something he did using the tools power that a present pass. The new article of impeachment. Seats at trump participated in high crimes and misdemeanors. Asserting that his efforts to overturn the election. Influenced the violence in Washington. On January 6. It was a betrayal of his trust as president. It's not linked Donald Trump just got. To the podium on January 6 and that was the only time they attacked the electoral process he been doing it for weeks he did it. Our election eight. We were getting ready to win this election. Frankly we beat me. This election was rigged this election. There was a total fraud. They're trying to convince us that we lost weighted list. They found a lot of ballots could be next if that they got criticisms do. The president and his Twitter account were running not. The weeks after the election constantly saying it was great stolen. We need to tell them we're not gonna eat anymore. Still holds its rolled down hill and got bigger and bigger. I wanted to do it says I didn't want to behind. 111788. Months. Here's one more than we have. Because we want this day. I want to meet later. You had going to. Walk down Pennsylvania Avenue I allotments of Baghdad. I'd wake going to the capitol. We fight like hell and if you don't fight like hell not gonna have a country and. It was Donald terms drumbeat. It just so happened it all just exploded. On one day. They're basic fact is he summoned a mob and sent them to the capital and if that isn't impeachable it's kind of hard to think of what is. Article of impeachment was voted for by 222. House Democrats and ten house Republicans the most like part of seeing it peaks in history. In the first impeachment things fell very sharply along partisan lines as they have in recent years when Bill Clinton was impeached. Pretty much the same thing happened. This time. Members of congress from both parties had just fled for their lives they were rattled they were angry and he was still in the White House and they felt they need to do something. To allow the president United States and fight this attack without consequences. As a track threat to the future of this democracy. On January tweaked back the house delivered an article of impeachment descent to move forward with a vote to convict the former president. After the house votes for impeachment court only needs a majority vote passed. They will then present the charges at trial before the senate where each side makes their arguments and witnesses needy called. In the senate votes for conviction where each two thirds of the vote to pass. No president TT has been convicted. In normal impeachment trial if the senate does not. Vote to convict the president is acquitted her teens their office. If the senate does vote to convict the sitting president would automatically be removed from office. But this trial will have a marked difference from past impeachment. The will be the first that the president being impeached is no longer in office now. It's going to be about the constitutionality. Does the constitution. Delete. Former resident can be impeached and then tried by the senate seats that are contested before. It has happened before the knot with presents. And the vast weight expertise in constitutional scholars say yes. You tend to impeachment for peace of office. Even after the person has been removed from office by voters. It's good to know to the House of Representatives voted to impeach while trump was still present is just the senate didn't begin the trial until now. If trump is convicted. The consequences will look different they would for a typical action. He would be the first president to be convicted by the senate in American history but he wouldn't be removed from office because voters already did that. It takes another vote by the senate to bar him from running for office again that however only questions one. There are other possible consequences to they could pass resolutions. To assure him of his host president. He benefits Secret Service protection but that would be another step and send it would be staged an instant thing. If trump is not convicted in the senate Democrats we look into other options to bar him from further holding office. The separate language in the fourteenth amendment which says she's engaged specifically in insurrection that you can't be in the congress or president. There's the possibility of censure which is a lesser punishment but which would put everybody on record as opposing violent insurrection and of course there's. The potential for criminal prosecution. Even out of office trump continues to push is claims of election fraud. Sources told EDT news to his legal team quit a week before the trial because trump when attempt to argue his false claims. Rather than focus on the constitutionality. Of the trial. Quite frankly would January 6 is done to Donald Trump. Is that win his obituary is written some day. Couldn't be the first line. The Donald Trump. I refuse to accept defeat. It was only presents beaten peach twice in American history after inciting a riot if she waited capital now. That's going to be general terms legacy and a lot of weight.

This transcript has been automatically generated and may not be 100% accurate.

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