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Trump impeachment trial to open with debate on constitutionality

FILE - In this Jan. 6, 2021, file photo the Republican side, right, in the House chamber is seen as Speaker of the House Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate as a joint session of the House and Senate convenes to count the Electoral College votes cast in November's election, at the Capitol in Washington. Arguments begin Tuesday, Feb. 9, in the impeachment trial of Donald Trump on allegations that he incited the violent mob that stormed the U.S. Capitol on Jan. 6. (AP Photo/J. Scott Applewhite, Pool, File)
FILE - In this Jan. 6, 2021, file photo the Republican side, right, in the House chamber is seen as Speaker of the House Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate as a joint session of the House and Senate convenes to count the Electoral College votes cast in November's election, at the Capitol in Washington. Arguments begin Tuesday, Feb. 9, in the impeachment trial of Donald Trump on allegations that he incited the violent mob that stormed the U.S. Capitol on Jan. 6. (AP Photo/J. Scott Applewhite, Pool, File) FILE - In this Jan. 6, 2021, file photo the Republican side, right, in the House chamber is seen as Speaker of the House Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate as a joint session of the House and Senate convenes to count the Electoral College votes cast in November's election, at the Capitol in Washington. Arguments begin Tuesday, Feb. 9, in the impeachment trial of Donald Trump on allegations that he incited the violent mob that stormed the U.S. Capitol on Jan. 6. (AP Photo/J. Scott Applewhite, Pool, File)

By LISA MASCARO and HOPE YEN / The Associated Press 6 min read

WASHINGTON (AP) – Donald Trump’s historic second impeachment trial will launch this week with a debate and a vote on whether it’s even constitutional to prosecute the former president over the deadly Capitol siege now that he’s no longer in office.

The details are coming together in a draft agreement between Senate Majority Leader Chuck Schumer and Senate Republican Leader Mitch McConnell, according to a person granted anonymity to discuss the ongoing talks.

There will likely be no witnesses called during the trial, and the former president has declined a request to testify. The proceedings will break Saturday for the Jewish Sabbath, at the request of Trump’s defense team.

The trial will push into a Sunday session.

Trump’s second impeachment trial is opening this week with a sense of urgency – by Democrats who want to hold the former president accountable for the violent U.S. Capitol siege and Republicans who want it over as fast as possible.