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Impeaching Trump: Senate impeachment trial set to start Feb. 9. Everything to know

The timeline for Former President Donald Trump's impeachment trial in the Senate just got clearer. Here's what's happening and what could take place during the trial.

- 05:12
Donald Trump

The House impeached Trump again -- here's what that means.

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The Senate's impeachment trial of former President Donald Trump is set to begin the week of Feb. 8, Senate Majority Leader Chuck Schumer said Friday, with the oral arguments beginning Tuesday, Feb. 9. The House of Representatives will deliver the single article of impeachment at 7 p.m. ET on Monday, for incitement of insurrection, House Speaker Nancy Pelosi said Friday -- that gives both House prosecutors and Trump's defense team time to prepare.

"The January 6th insurrection at the Capitol, incited by Donald J. Trump was a day none of us will ever forget. We all want to put this awful chapter in our nation's history behind us," Schumer said in a statement announcing the Senate's timeline. "But healing and unity will only come if there is truth and accountability. And that is what this trial will provide."

It will be a historic trial on two accounts: It's the first time a US president has been impeached twice, and the first time a former president will stand trial for impeachment after the end of his presidency. On Jan. 13, the House voted to impeach Trump for his role in encouraging the deadly Jan. 6 riot at the US Capitol. In another history-making moment, 10 Republicans broke with their party to vote in favor of impeachment. The siege of the Capitol building sought to overturn the 2020 election results and halt the process of confirming Joe Biden as the nation's next president. Biden was confirmed after the siege and was later inaugurated, on Jan. 20.

We'll explain what we know about how the impeachment trial could progress, what it takes to convict or acquit, what's at stake and where the situation stands now. This story has been updated with new information.

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What will Trump's impeachment trial be like?

With his second impeachment, Trump, who as of Jan. 20 is a private citizen, is the first president to be impeached twice and the first to be tried after leaving office.

"There will be a full trial," Schumer tweeted Friday. "There will be a fair trial." If the former president is convicted in the Senate, there will be an additional vote "on barring him from running again," Schumer has said.

A president along with other officers, can be impeached for "treason, bribery or other high crimes and misdemeanors," according to Article 2, Section 4 of the US Constitution. To impeach, a simple majority of members of the House of Representatives needs to vote to indict. Once that indictment is made, the process moves to the Senate for a trial. 

The House prosecutes, and the Senate sits as jury. The Constitution requires the Supreme Court's chief justice to preside over a presidential impeachment trial, but since Trump is no longer the sitting president, it isn't clear if Chief Justice John Roberts will be invited to oversee the trial. 

To convict, two-thirds of the 100 senators must vote in favor, or else the president is acquitted. Trump has an opportunity to present a defense.

Are Senate Republicans for or against Trump's indictment?

Though the impeachment resolution had unanimous support among voting House Democrats, 10 House Republicans also voted for the article, facing backlash in their own party for appearing disloyal. As the Senate waits to receive the article of impeachment, speculation begins as to which Republican senators may vote to convict. 

With the Senate split 50-50 along party lines, a substantial number of Republicans would need to vote in favor of conviction. A separate vote to bar Trump from holding future public office -- there's been talk of another Trump presidential run in 2024 -- could happen only if the Senate voted to convict (Constitution Article 1, Section 3).

If convicted in the Senate, Trump could also be disqualified from the benefits given to former presidents by the Post Presidents Act, including a pension and yearly travel allowance.

Senate Minority Leader Mitch McConnell, who holds tremendous sway among Republican senators, is said to privately want Trump purged from the GOP, but he hasn't made his voting intentions public. He has said that the former president committed impeachable offenses, The New York Times reported

"The mob was fed lies," McConnell said on the Senate floor on Jan. 19. "They were provoked by the president and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like."

Republican Sens. Pat Toomey and Lisa Murkowski had expressed support for the idea of Trump stepping down prior to his term ending Jan. 20, but they didn't explicitly call for impeachment.

Democratic Sen. Richard Blumenthal told CNN that he's hopeful there will be enough votes from Republican senators because if they acquit Trump twice, "they will be judged harshly not only by history but I think by American voters."

Despite reports that he might, Trump didn't use his presidential power to attempt to pardon himself, and he also didn't resign. According to the US Constitution, impeached presidents can't be pardoned.

Wasn't Trump already impeached for actions during his presidential term?

Yes. Trump was impeached in December 2019 by the House. However, the Republican-majority Senate acquitted him at the beginning of 2020.

His first impeachment involved articles accusing Trump of abusing power and obstructing Congress. The issue was Trump's dealings with Ukraine, including a July 2019 phone call in which he appeared to be using US military aid as a bargaining chip to pressure Ukraine into investigating alleged ties between his political opponent Biden, Biden's son Hunter and a Ukrainian gas company. The articles also charged Trump with interfering with a House inquiry into the Ukraine matter.

CNET's Jessica Dolcourt contributed to this report.