Senate votes that Trump impeachment trial is constitutional

(AP) – Senators in Donald Trump’s historic second impeachment trial have agreed to consider the case, rejecting an attempt by the former president’s defense team and some Republican allies to halt the trial because he is no longer in office.

The vote was 56-44 on Tuesday on the question of whether the Senate has jurisdiction and could proceed.

Trump is facing a charge of incitement of insurrection for his role in the Jan. 6 Capitol riot.

A lawyer for Donald Trump is arguing that the former president’s impeachment trial should be dismissed, both because it is unconstitutional and because it will “tear this country apart.”

David Schoen said Tuesday that Democrats are fueled by a “hatred” of Trump and fear that they will lose power. He says if the trial moves forward, it will make “everyone” look bad and other countries that wish the U.S. harm will watch with “glee.”

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