Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC. Trump supporters gathered in the nation's capital today to protest the ratification of President-elect Joe Biden's Electoral College victory over President Trump in the 2020 election. (Photo by Samuel Corum/Getty Images)
Samuel Corum/Getty Images
Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC. Trump supporters gathered in the nation's capital today to protest the ratification of President-elect Joe Biden's Electoral College victory over President Trump in the 2020 election. (Photo by Samuel Corum/Getty Images)
Now playing
04:47
These are the key moments from the US Capitol riot
Protestors storm the Capitol building during a joint session of Congress in Washington, DC on Wednesday, January 6, 2021. The joint session of the House and Senate was sent to recess after the breach as it convened to confirm the Electoral College votes cast in November's election. (Photo by Chris Kleponis/Sipa USA)(Sipa via AP Images)
Chris Kleponis/Sipa USA/AP
Protestors storm the Capitol building during a joint session of Congress in Washington, DC on Wednesday, January 6, 2021. The joint session of the House and Senate was sent to recess after the breach as it convened to confirm the Electoral College votes cast in November's election. (Photo by Chris Kleponis/Sipa USA)(Sipa via AP Images)
Now playing
01:00
Broken windows, garbage and offices torn apart at the Capitol
Igor Bobic/Huffington Post
Now playing
02:40
Pence evacuated from Senate a minute before officer lured rioters away
Metropolitan Police Officer Michael Fanone
CNN
Metropolitan Police Officer Michael Fanone
Now playing
04:56
DC officers speak out following Capitol riot
CNN
Now playing
03:02
What went wrong with the Capitol police response
Video from The Telegraph shows Peter Francis Stager, the man federal prosecutors say beat a DC Metro police officer with the American flag, saying that "death is the only remedy" for those in the Capitol.
Rozina Sabur / The Telegraph
Video from The Telegraph shows Peter Francis Stager, the man federal prosecutors say beat a DC Metro police officer with the American flag, saying that "death is the only remedy" for those in the Capitol.
Now playing
01:32
Man who beat police officer says 'death is the only remedy'
Mo Brooks/Paul Gosar split
CNN/Eagle One Live
Mo Brooks/Paul Gosar split
Now playing
03:48
Lawmakers' fiery language under scrutiny
From Twitter/Status Coup
Now playing
05:43
Officers describe tense moments during riot at Capitol
CNN
Now playing
04:32
CNN reporter: I was handcuffed for much less than breaking into the Capitol
Now playing
07:25
Two minutes inside the mob: A CNN reporter's view of the riot
John Farina/Status Coup
Now playing
02:49
Disturbing footage shows officer pinned as rioters rush Capitol door
CNN
Now playing
03:56
'What are we supposed to do?': Rioter speaks to CNN reporter
Now playing
02:31
See what Trump supporters had to say after chaos at Capitol Hill
UNITED STATES - JANUARY 6: Rep. Jason Crow, D-Colo.,  comforts Rep. Susan Wild, D-Pa., while taking cover as protesters disrupt the joint session of Congress to certify the Electoral College vote on Wednesday, January 6, 2021. (Photo By Tom Williams/CQ-Roll Call, Inc via Getty Images)
Tom Williams/CQ-Roll Call, Inc via Getty Images
UNITED STATES - JANUARY 6: Rep. Jason Crow, D-Colo., comforts Rep. Susan Wild, D-Pa., while taking cover as protesters disrupt the joint session of Congress to certify the Electoral College vote on Wednesday, January 6, 2021. (Photo By Tom Williams/CQ-Roll Call, Inc via Getty Images)
Now playing
02:47
Lawmaker describes moment captured in dramatic photo
Wimkin
Now playing
03:18
The online warning signs of the violent Capitol siege
(CNN) —  

When the US Senate moves forward with an impeachment trial of soon-to-be former President Donald Trump, senators would have full control over how they run it, based on history and Supreme Court precedent.

Trump, who desperately fought his first impeachment proceedings and has remained defiant through his second, could not appeal the Senate’s action.

The Supreme Court affirmed in a 1993 case that impeachment is the domain of the two chambers of Congress, with the US House having the right to accuse and the Senate the “sole” power to try the accusation.

Then-Chief Justice William Rehnquist wrote that the Constitution leaves no room for judges to intervene in Congress’ business. To rule otherwise, Rehnquist said, would conflict with the framers’ intentions and expose the country to “months, or perhaps years, of chaos.”

Still, an array of questions has emerged since the US House of Representatives on January 13 impeached Trump, opening the door to a Senate trial, for inciting the violent resurrection at the Capitol on January 6.

Practical considerations hover along with substantive issues. House Speaker Nancy Pelosi has not yet set a date for delivery of the articles of impeachment to the Senate, and senators would be organizing a trial just as they take up the agenda of new President Joe Biden.

No president has been tried after leaving office. In earlier centuries, however, two other officials were impeached and subjected to some Senate action after they resigned. Among the basic questions spurred by a groundbreaking trial for an ex-president is whether the Chief Justice John Roberts would preside, as he did at Trump’s first impeachment trial one year ago.

Many legal scholars believe a former president can be subject to trial, and even some who differ, recognize that the 1993 precedent, in which Mississippi federal judge Walter Nixon unsuccessfully challenged Senate trial procedures in his impeachment case, case could thwart a Trump appeal to federal courts.

Yale University law professor Akhil Reed Amar said constitutional history and precedent allow the Senate to try former officials, including the President.

“It would be absurd if you could escape by resigning one step ahead of the gavel,” said Amar, author of “America’s Unwritten Constitution.”

In 1876, the Senate tried William Belknap, who was war secretary in the administration of Ulysses S. Grant. Belknap resigned just as the US House was voting to impeach him.

He was charged with “criminally disregarding his duty as Secretary of War and basely prostituting his high office to his lust for private gain.”

The Senate determined that the former secretary could still be tried. After a lengthy Senate trial with dozens of witnesses, Belknap was acquitted.

University of Missouri law professor Frank Bowman, author of “High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump,” said the Constitution provides for removal, as well as “disqualification” from holding office, because the framers were concerned about future dangerous conduct.

10:54 - Source: CNN
Your impeachment (x2!) questions, answered

“The framers were worried, principally, about getting a president out of office,” Bowman said, “but they were also worried about the rise of a demagogue.”

Bowman and Amar say the Walter Nixon case, along with the text and structure of the Constitution, would prevent Trump from drawing federal judges into an impeachment dispute.

Ross Garber, who teaches at Tulane Law School, asserts that the Senate may try only a sitting president but nonetheless agrees it would be difficult for Trump to find a court that would hear his appeal.

“I think the reasoning of Nixon (case) could be a problem for any Trump litigation effort,” he said, adding that “it is very unlikely the Supreme Court would stop the Senate in its tracks in a direct Trump challenge to its jurisdiction.”

Garber added: “Strategically, Trump is likely better off not litigating but instead appealing directly to the senators.”

Who’s on the dais?

The Constitution dictates that “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”