Trump’s second trial to start with fight over its legitimacy

WASHINGTON (AP) — Donald Trump’s second impeachment trial is starting, an undertaking like no other in U.S. history. The defeated former president stands charged by the House with inciting the deadly mob attack on the Capitol to overturn the election in what prosecutors argue is the “most grievous constitutional crime.”

Trump’s lawyers are insisting as the Senate trial opens Tuesday that he is not guilty of the sole charge of “incitement of insurrection,” his fiery words just a figure of speech as he encouraged a rally crowd to “fight like hell” for his presidency.

The Capitol siege on Jan. 6 stunned the world as rioters stormed the building to try to stop the certification of President-elect Joe Biden’s victory. Five people died.

It appears unlikely that the House prosecutors will call witnesses, in part because the senators sworn as jurors, forced to flee for safety, will be presented with graphic videos recorded that day.

At his Mar-a-Lago club in Florida, Trump has declined a request to testify.

The first president to face charges after leaving office and the first to be twice impeached for high crimes and misdemeanors while in office, Trump remains a challenge to the nation’s civic norms and traditions even in defeat.

Acquittal is likely, but the trial will test the nation’s attitude toward his brand of presidential power, the Democrats’ resolve in pursuing him, and the loyalty of Trump’s Republican allies defending him.

Trump’s defenders are preparing to challenge both the constitutionality of the trial and any suggestion that he was to blame for the insurrection.

They suggest that Trump was simply exercising his First Amendment rights when he encouraged his supporters to protest at the Capitol, and they argue the Senate is not entitled to try Trump now that he has left office.

A presidential impeachment trial has been conducted only three times before, leading to acquittals for Andrew Johnson, Bill Clinton and then Trump last year.

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