The Democrats and Republicans have opted for a short Senate impeachment trial starting on Tuesday, against former US President Donald Trump. Democratic Senate Majority Leader Chuck Schumer and Republican Senate Leader Mitch McConnel hammered out an agreement that could see Trump’s trial wrap-up within a week or so, allowing Congress to proceed with important legislative work.

Indications are that the trial would only be a catharsis for the Democrats as he would ultimately be acquitted at the Senate because they seem to lack the 67 votes needed in the 100-member upper chamber to convict him.

Trump, who is now living in Florida, has refused to appear before the Senate trial.

On January 13, the former leader was impeached for a second time by the House of Representatives accusing him of instigating the deadly January 6 Capitol riots, paving the way for the judicial-style trial in the Senate.

This is his second impeachment. The first was a year ago on charges for abuse of power and obstruction of Congress ended in his acquittal because all 53 Republicans voted against conviction on one charge and in the other only one, former presidential candidate Mitt Romney, switched sides.

Trump’s lawyers in their briefs ahead of the trial have questioned the constitutionality of impeaching a president who is not in office and have raised the constitution’s First Amendment guaranteeing free speech against prosecuting Trump for the speech to his supporters that the Democrats say instigated the riots.

Democratic prosecutors have asserted that the impeachment of former presidents is permitted under the constitution and said that his speech was an “incitement of insurrection” and “is the most grievous constitutional crime ever committed by a President”.