Trump Impeachment: What can happen in the Senate trial

The US House of Representatives has impeached President Donald Trump. Following the vote on Wednesday in the House, a trial will be held in the Senate to impeach the president, as stated in the Constitution.

The House's articles of impeachment accuse the president of two things: that he solicited a foreign country, i.e. Ukraine to help him investigate his Democratic rival Joe Biden, and that he obstructed Congress by refusing to allow staff to testify during impeachment hearings, reports the BBC.

The president has denied all accusations calling the inquiry a "witch hunt".

The rules of impeachment mandates that the House has the "sole power of impeachment", acting as grand jury and bringing charges. The Senate is given "the sole power to try all impeachments" and convict a president of "treason, bribery or other high crimes and misdemeanours".

Republican Senate leader, Mitch McConnell has the final say over the procedure and he could find his options limited if Democrats pressure moderate Republicans to vote with them on any changes to the rules. At any point, senators can call for votes on trial procedures that would need a simple majority to pass.

Mitch McConnell and Democratic leader Chuck Schumer will have to determine the guidelines for evidence, witnesses, duration and arguments.

House Speaker Nancy Pelosi is in charge of selecting a group of Democrats who will act as prosecutors for the House.

Supreme Court Chief Justice John Roberts will preside over the trial, but the senators ultimately will act as both judge and jury. But, if the votes end in a tie, he will have final say.

The senate will hear from both House prosecutors and White House counsel - and any witnesses, and will be given a full day to deliberate before a vote on conviction is held.

A two-thirds majority is required to convict Mr Trump and removing him from office. However, since the Senate is majority Republican, the president is most likely be acquitted. Intelligence Committee Chairman Adam Schiff and Judiciary Committee Chairman Jerry Nadler would be the most traditional choices, US media report, though it is unclear who else might make the cut.

Mr McConnell sparked condemnation from Democrats over recent comments to Fox News, saying, "Everything I do during this, I'm coordinating with the White House counsel. There will be no difference between the president's position and our position as to how to handle this to the extent that we can."

Senators can ask questions of witnesses or counsellors, but only by submitting them in writing to Justice Roberts. The witnesses are usually interviewed by lawyers and then their testimonies are aired during the trail.

Democrats want several senior White House officials to testify, including acting Chief of Staff Mick Mulvaney and ex-adviser John Bolton.

But there may not be any witnesses at all if Republicans decide they would rather keep the trial short, despite Mr Trump's calls for the Bidens and the whistleblower who sparked the Ukraine inquiry to appear.

Speaking on the senate floor on Tuesday, Mr McConnell suggested as much, saying the senate's duty is to "act as judge and jury to hear a trial, not to rerun the entire fact-finding investigation".

"We do not need jurors to start brainstorming witness lists for the prosecution," he added.

Mr Clinton's trial had no live witnesses.

While the president could choose to appear before the Senate himself, it is much more likely he will have White House lawyer Pat Cipollone speak on his behalf.

Mr Cipollone, like the impeachment managers, will be able to question witnesses and deliver opening and closing statements.

US media report Mr Trump may also bring some House conservatives onto his defence team, like Ohio congressman Jim Jordan or John Ratcliffe of Texas.

Whether Biden or his son has to appear to testify dependsl depend on what Mr McConnell chooses for the trial format. US media report Republicans are still debating if it is worth it to summon the Democratic former vice-president and his son as the president wants.

Mr Biden has dismissed calls for his testimony and said that it is an attempt by the president to "divert attention" from the accusations against him, reports NPR.

"This is a Trump gambit he plays," Mr Biden said. "I will not yield to what everybody is looking for here. And that is to take the eye off the ball."

After the House presents the articles of impeachment to the Senate, they must consider them in session every day, except Sunday, until the final decision.

Mr Schumer has offered a tentative schedule for the trial, which would be the first order of business in the new year. In total, he has suggested some 126 hours of proceedings.

18 December - House votes on articles of impeachment

6 January - Start of Senate trial, guidelines and other housekeeping measures finalised

7 January - Swearing in of senators as jurors and Chief Justice Roberts

9 January - House prosecutors and White House counsel each have 24 hours to present arguments

The trial is likely to take weeks but how many is anybody's guess. Democrats will hope it is all done by the time the 2020 primary elections begin in February, reports BBC.