Former President Trump is facing his second impeachment trial in the Senate.

He's being tried on one article of impeachment, incitement of insurrection, for his role

in the January 6th violent takeover of the Capitol.

In Trump's Senate trial, House impeachment managers have spent much of the week arguing

that Trump falsely claimed he won the election, that he stoked frustration among his supporters

for weeks, that he encouraged the rioters and that he didn't take action to quell the

unrest once the Capitol was breached.

Trump's defense will argue that Trump did not directly incite the riot, that a president

can't be tried after they leave office, and that Trump's words are protected free speech.

How the Senate ultimately votes after hearing these arguments is likely a foregone conclusion.

The trial is unlikely to result in a conviction.

But some of the arguments being made in the trial get at the core of a president's responsibilities

in our democracy.

We'll take a look at two of those arguments here.

First, we'll look at the argument from House impeachment managers that Trump's failure

to stop the mob was a dereliction of his duty as president.

Then we'll examine the argument from Trump's defense team that Trump's speech leading up

to the January 6th events are protected free speech.

We're delving into both of these arguments to clarify the duties of a president during

crisis and to understand how free speech applies to the words of the commander in chief.

This is Kenne Doe that, a podcast that explores the powers and limitations of American government

in a time of deep division.

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