US Senate votes Trump impeachment is constitutional

The US Senate voted 56 to 44 Tuesday that the second impeachment process against former US President Donald Trump is constitutional and can go forward.

It concluded the first day of the historic trial. The Senate adjourned until Wednesday shortly after the votes were tabulated. 

How did the senators vote?

Though most senators voted with their parties, six Republicans broke ranks, a notable increase of one from a pre-impeachment hearing on the trial's constitutionality. Unlike previously, Bill Cassidy of Louisiana joined five other Republicans in this key decision. 

Voting against, however, was former Senate Majority leader, Mitch McConnell of Kentucky who previously had delayed the trial until Trump was no longer in office. 

However, with only six Republicans breaking with their party, the Democrats face an uphill battle to convince 11 others to convict. 

What were the arguments for and against?

Trump faces a single charge of "incitement of insurrection," concerning the January 6 storming of the US Capitol. Democrats say he instigated the mob. 

They, and many constitutional scholars, have said there is no "January exception" laid out in the constitution to protect a president whose term has concluded if that president had committed impeachable offenses.

Republicans argued that the trial was not constitutional because Trump is no longer in office.

What was said at the opening of the trial?

"Our case is based on cold hard facts," said Maryland Congressman Jamie Raskin, who is leading the prosecution for the Democrats.

In his opening statement, Raskin rejected the notion of a "January exception."

"It is an invitation for the president to take his best shot to do anything he wants to do on his way out the door," he said, before showing a video of a Trump rally on January 6 combined with footage of rioters who stormed the US Capitol.

Trump's attorney, Bruce Castor, argued that impeachment was no longer necessary as Trump had been removed from office "by the voters" and therefore "the object of the constitution has been achieved."

Attorney David Schoen said that the "so-called trial" will "tear the country in half," adding that the Democrats were holding an impeachment trial fueled by "partisan politics" and "hatred and fear."

What outcome is expected?

Most Republican senators have already indicated that they will not vote to convict Trump, which means he will likely be acquitted as a two-thirds majority is needed for a conviction. In this case, at least 17 Republican senators would have to find Trump guilty. 

The trial is expected to be shorter than Trump's first impeachment, which took three weeks. There have been reports in US media that the trial could conclude as early as next week, as lawmakers from both parties seek to put the divisive debate in the past. 

Trump's legal team insists the former president is not guilty and argue he was protected by freedom of speech when he told supporters to "fight like hell" to overturn his election defeat.

The Democrats prosecuting the case are using graphic videos and personal accounts about the riot to make their case. This includes new video footage that has not yet been seen by the public.

Nine Democratic lawmakers have been chosen by House Speaker Nancy Pelosi to argue the case against Trump on the Senate floor. Trump's legal team will have equal time to respond. 

Trump is the first president to be impeached and tried twice, and the impeachment trial which started on Tuesday is the first for an ex-president.

mb, wmr/rt (AP, AFP)