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Live politics updates: Historic second Trump impeachment trial begins with debate over whether it's constitutional

Bart Jansen and Nicholas Wu, USA TODAY
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WASHINGTON – The second impeachment trial of former President Donald Trump begins Tuesday with a debate over whether the proceeding is constitutional because Trump is no longer in office.

The debate marks the beginning of a historic trial, not only because Trump is the first president to be impeached twice, but because he stands trial after he left office. The House impeached Trump nearly a month ago, charging him with inciting the deadly riot at the Capitol on Jan. 6. Senators have the task of voting whether to acquit or convict Trump of the charge when the trial concludes.

Senate leaders set aside four hours Tuesday to hear both sides debate the constitutional argument raised by Trump and Republicans. The oral arguments begin at 1 p.m. EST. Trump's lawyers, led by Bruce Castor Jr. and David Schoen, have called the trial unconstitutional and "political theater," citing the fact Trump is private citizen and have asked that the trial be dismissed.

Trump trial: Senate shapes contours of Trump's second impeachment trial, wrestles with whether to call witnesses

On the eve of the second impeachment trial of former President Donald Trump, Rep. Diana DeGette, D-Colo., left, and Rep. Eric Swalwell, D-Calif., and the other Democratic House impeachment managers walk through the Rotunda to the Senate to prepare for the case.
On the eve of the second impeachment trial of former President Donald Trump, Rep. Diana DeGette, D-Colo., left, and Rep. Eric Swalwell, D-Calif., and the other Democratic House impeachment managers walk through the Rotunda to the Senate to prepare for the case.

But the Senate has already rejected the argument that the trial is unconstitutional in a 55-45 vote. Congressional Democrats, hoping to convict Trump and bar him from holding future office, have cited precedents about impeachment trials of a Cabinet secretary and judges after they left office.

The big unknown in the trial is whether witnesses will be called, a decision still days away. If either side requests witnesses, the debate and vote would come after the arguments and four hours of questions from senators.

– Bart Jansen

Biden nominee Neera Tanden to face grilling from senators

If confirmed, Neera Tanden would be the first woman and person of Southeast Asian descent to lead the Office of Management and Budget.
If confirmed, Neera Tanden would be the first woman and person of Southeast Asian descent to lead the Office of Management and Budget.

Neera Tanden, President Joe Biden's nominee to lead the White House Office of Management and Budget, faces what could be a contentious confirmation hearing Tuesday after facing pushback from Republicans as well as progressives.

Tanden, the former head of the left-leaning Center for American Progress, is expected to be grilled by the Homeland Security and Governmental Affairs Committee.

Republican senators have expressed resistance to Tanden’s nomination because of her progressive positions and highly critical tweets, having taken aim at Senate Minority Leader Mitch McConnell and Sen. Susan Collins, among others. She has since deleted some tweets, but after her nomination was announced, Sen. John Cornyn, R-Texas, labeled her Biden’s “worst nominee so far."

Neera Tanden: Neera Tanden, Biden's pick for budget chief, defends progressive credentials, deletes old tweets

She's also faced blowback from progressives like Sen. Bernie Sanders, I-Vt., who in 2019 chided her in a letter saying she was "maligning" his staff and "belittling progressive ideas."

Tanden also has a Wednesday hearing before the Senate Budget Committee, where Sanders is chairman. If confirmed by the full Senate, she will be the first woman of color and Asian American to lead the office.

– Nicholas Wu

This article originally appeared on USA TODAY: Trump impeachment trial: Sides debate if trial is constitutional

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