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Feb. 9: Donald Trump impeachment trial in Senate

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UPDATE (5 p.m.)

WASHINGTON (NBC News) - On Tuesday, The U.S. Senate voted on whether it was constitutional for former President Donald Trump to face trial for impeachment. The Senate voted yes.

With this vote, the trial will resume Wednesday at 11 a.m.

But the vote was not along party lines coming in 56 to 44, with 6 Republicans voting for the trial to proceed.

The vote came at the end of about four hours of proceedings and arguments on whether the trial was constitutional.

The House managers argued the Constitution doesn't include an exception allowing lawless behavior in the final weeks of a presidency.

Their argument is that if you commit an impeachable offense in your last few weeks in office, you do it with constitutional impunity. You get away with it," said Rep. Jamie Rasking (D-MD)

Lawyers representing the former president say the trial is unconstitutional since he is no longer in office. They also say he didn't encourage or incite the crowd to storm the U.S. Capitol on Jan. 6.

"We can't possibly be suggesting we punish people for political speech in this country. And if people go and commit lawless acts as a result of their beliefs and they cross the line, they should be locked up," said Attorney Bruce Castor during Tuesday's arguments.

The trial is set to continue Wednesday at 11 a.m. CT and will be streamed on KTIV.com, KTIV's Facebook page and on channel 4.1.

During Tuesday's proceedings, there was strong language from the live feed. Parental guidance in watching the coverage is advised.


PREVIOUS (2:45 p.m.)

WASHINGTON (AP) -- Rep. Jamie Raskin, the lead House impeachment manager, grew emotional as he concluded the Democrats' first round of arguments in former President Donald Trump's second impeachment trial.

Raskin spoke about his personal experience in the Capitol on Jan. 6. He had been joined by family members that day -- the day after he had buried his son, who took his own life in December.

His daughter and son-in-law were in an office in the Capitol and hid under a desk, where they sent what they thought were their final texts. He says, "They thought they were going to die."

Separated from them in the House chamber, Raskin described people around him calling to say goodbye to their families, members removing their congressional pins to try to evade detection. And he said he heard the rioters "pounding on the door like a battering ram" -- a sound he said he would "never forget."

He choked up as he recounted his daughter telling him she never wanted to return to the Capitol again.

Through tears, Raskin says, "This cannot be the future of America."


PREVIOUS (12 p.m.)

WASHINGTON (AP) -- Donald Trump's historic second impeachment trial has opened in the Senate.

Trump is charged by the House with inciting the violent mob attack on the U.S. Capitol to overturn the election.

Prosecutors argue it is a "grievous constitutional crime," but Trump's defense team insists his fiery words at a rally before the Jan. 6 riot were just figures of speech. His lawyers also say that trying a former president is unconstitutional.

The debate over that constitutional question is expected to highlight the opening day.

White House press secretary Jen Psaki says President Joe Biden will be busy with the business of the presidency and won't spend much time watching the proceedings.


PREVIOUS (10 p.m.)

WASHINGTON (AP) -- Donald Trump's historic second impeachment trial begins Tuesday in the Senate. Trump is charged by the House with inciting the violent mob attack on the U.S. Capitol to overturn the election.

The trial is expected to officially start at 12 p.m. Central Time.

KTIV App Users: Click here to watch the trial on KTIV.com.

Prosecutors argue it is a "grievous constitutional crime," but Trump's defense team insists his words at a rally just before the Jan. 6 riot were just a figure of speech.

His lawyers also say that trying a former president is unconstitutional. The debate over that constitutional question is expected to highlight the opening day.

White House press secretary Jen Psaki says President Joe Biden will be busy with the business of the presidency and won't spend much time watching the proceedings.

NBC News

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