On Sunday, Giuliani announced that he will not be participating as part of Trump’s legal defense team for the impeachment.
The impeachment proceedings revolve around Trump’s participation in the January 6th speech on the Ellipse, and allegations that he had inspired an “insurrection.” Guiliani gave a speech during that same event. Speaking to ABC News, Guiliani said “I am a witness and therefore unable to participate in court or Senate chamber.”
As to who will represent the President during Senate trial proceedings, the Trump campaign has said the President, “has not yet made a determination as to which lawyer or law firm will represent him.”
Since the House has impeached the President, the Senate is required to conduct a trial and determine to formally impeach the President. Since the Senate wil reconvene on the 19th, and will be unlikely to conduct a full trial before Trump leaves office, it is unclear if the Senate has the authority to formally impeach a past president.
A two-thrids majority is required to convict a President in the Senate. The Senate will soon have a 50/50 split between Republicans and Democrats.