What is Trump being accused of in the Senate impeachment trial?

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The upcoming impeachment trial for former President Donald Trump is set to be highly politicized, and decisions by senators on both sides about how they vote are almost certain to be made more fundamentally on political calculations rather than on the facts.

But the proceeding technically is meant to be quasi-judicial. The House impeachment managers will have a chance to make the case that Trump did what they accuse him of in their article of impeachment in both briefs and in person. And Trump's legal team will have a chance to rebut those arguments.

Further, the senators are sworn in ahead of the trial to do "impartial justice" as they sit as essentially jurors.

"Do you solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, former president of the United States, now pending, you'll do impartial justice according to the Constitution and laws, so help you God?" Senate President Pro Tempore Patrick Leahy, D-Vt., asked as he swore in his colleagues.

Sen. Patrick Leahy, D-Vt., the president pro tempore of the Senate, arrives at the Capitol in Washington, Tuesday, Jan. 26, 2021. Leahy swore senators in to do "impartial justice" during former President Donald Trump's second impechment trial. (AP Photo/J. Scott Applewhite) (AP)

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After both sides are done making their cases, senators will be asked to vote fundamentally on whether Rep. Jamie Raskin, D-Md., and his fellow impeachment managers successfully proved that Trump did what he is accused of in the impeachment article.

Here's a guide to what Trump is accused of in his impeachment trial.

Incitement of insurrection

Incitement of insurrection is the fundamental charge behind the impeachment article. During Trump's previous impeachment, he was accused of two separate things in two separate articles – obstruction of justice and abuse of power.

That led Sen. Mitt Romney, R-Utah, to split his votes, saying that Trump did abuse his power but that the House did not sufficiently prove its accusation that Trump obstructed justice. Romney was the only Republican to vote for either of those articles.

That won't be an option here – there will only be one article to vote on.

Lying about the election results

While there is one fundamental charge in the House impeachment article, the impeachment managers level a number of accusations against the former president to support the charge. Among them is that Trump lied about the results of the presidential election.

FILE - In this Jan. 6, 2021, file photo violent rioters, loyal to President Donald Trump, storm the Capitol in Washington. The words of Donald Trump supporters who are accused of participating in the deadly U.S. Capitol riot may end up being used against him in his Senate impeachment trial as he faces the charge of inciting a violent insurrection. (AP Photo/John Minchillo, File)

FILE - In this Jan. 6, 2021, file photo violent rioters, loyal to President Donald Trump, storm the Capitol in Washington. The words of Donald Trump supporters who are accused of participating in the deadly U.S. Capitol riot may end up being used against him in his Senate impeachment trial as he faces the charge of inciting a violent insurrection. (AP Photo/John Minchillo, File)

"In the months preceding the joint session, President Trump repeatedly issued false statements asserting that the presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by state or federal officials," the impeachment article said.

In their opening pre-trial brief, the House managers expand on this point and connect it to the events of Jan. 6, in which a pro-Trump mob stormed the Capitol after a Trump rally earlier in the day.

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"President Trump’s responsibility for the events of Jan. 6 is unmistakable. After losing the 2020 election, President Trump refused to accept the will of the American people. He spent months asserting, without evidence, that he won in a 'landslide' and that the election was 'stolen,'" the brief said. "He amplified these lies at every turn, seeking to convince supporters that they were victims of a massive electoral conspiracy that threatened the nation’s continued existence. But every single court to consider the president’s attacks on the outcome of the election rejected them."

Trump's defense team, Bruce Castor Jr. and David Schoen, denied that Trump lied about the election results in their response to the impeachment article, saying that it was an opinion protected by the First Amendment and that his statements can't be proven false.

"Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th president’s statements were accurate or not, and he, therefore, denies they were false," the brief says.

In this Jan. 6, 2021, file photo, smoke fills the walkway outside the Senate Chamber as supporters of President Donald Trump are confronted by U.S. Capitol Police officers inside the Capitol in Washington. Far-right social media users for weeks openly hinted in widely shared posts that chaos would erupt at the U.S. Capitol while Congress convened to certify the election results. (AP Photo/Manuel Balce Ceneta, File)

In this Jan. 6, 2021, file photo, smoke fills the walkway outside the Senate Chamber as supporters of President Donald Trump are confronted by U.S. Capitol Police officers inside the Capitol in Washington. Far-right social media users for weeks openly hinted in widely shared posts that chaos would erupt at the U.S. Capitol while Congress convened to certify the election results. (AP Photo/Manuel Balce Ceneta, File)

"To the extent Averment 5 alleges his opinion is factually in error, the 45th president denies this allegation," the Trump brief reads, referencing the House's allegation that Trump at his Jan. 6 rally "reiterated false claims that 'we won this election, and we won it by a landslide.'"

Sending the mob to the Capitol

"He also willfully made statements that, in context, encouraged – and foreseeably resulted in – lawless action at the Capitol, such as: 'if you don’t fight like hell you’re not going to have a country anymore,'" the impeachment article also says of the Jan. 6 "Save America Rally" Trump organized.

"Thus incited by President Trump, members of the crowd he had addressed... unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced members of Congress, the vice president, and congressional personnel, and engaged in other violent, deadly, destructive and seditious acts," it continues. The article says the mob aimed to "interfere with the joint session’s solemn constitutional duty to certify the results of the 2020 presidential election."

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The impeachment managers' brief also notes that Trump promised the rally would be "wild" and says rhetoric from Trump and his allies riled up the crowd before instructing them to march to the Capitol.

"Before President Trump took the stage, his lawyer called for 'trial by combat.' His son warned Republican legislators against finalizing the election results: 'We’re coming for you.' Finally, President Trump appeared behind a podium bearing the presidential seal," the brief says.

Tyler Olson Fox News