The House impeachment managers are expected provide a detailed legal analysis in their pre-trial legal brief, due at 10 a.m. ET Tuesday, about the constitutionality of charging Trump with incitement of insurrection, why he should be disqualified from holding future office and why it's constitutional to convict Trump as a former President, in an effort to rebut what's emerged as the primary reason Senate Republicans have cited to acquit Trump.
The House's pretrial impeachment brief on Tuesday will also lay the legal groundwork for a case in which the managers plan to illustrate the horrors of the Jan. 6 attack on the Capitol in visceral detail and to tie the carnage back to the Trump's words and actions, sources say.
Trump's legal team is also scheduled to file its response to the impeachment trial summons on Tuesday at noon ET after five of Trump's lawyers left his team on Saturday amid a dispute about legal strategy and whether to argue baseless claims of widespread election fraud.
Adding to some of the friction that resulted in the former President parting ways with Butch Bowers, who was expected to be a lead attorney, was Trump's opposition to the cost. Bowers wanted to charge him $3 million for expenses related to the upcoming trial, a source familiar with the matter confirmed to CNN.
Trump hired two new lawyers, David Schoen and Bruce Castor, on Sunday, and his team is expected to argue that trying a former president is unconstitutional.
What we still don't know about the trial: The House impeachment managers are still considering whether to call witnesses as part of their case, one of the key looming questions that will dictate how long the trial will last.
That effort is bumping up against a desire from both Democratic and Republican senators to quickly conclude the trial within a matter of days to keep the Senate's focus on taking up Covid relief legislation and confirming Biden's nominees.