Trump impeachment trial live updates: Biden says charge 'not in dispute' in 1st comments on acquittal

The Senate has returned from a roughly 35-minute break following Trump's defense team wrapping up their arguments.

The trial is now in a question-and-answer portion, where senators can ask questions of the House managers and the Trump defense team. Questions are submitted in writing by senators and read aloud by presiding officer Sen. Patrick Leahy, D-Vt., president pro tempore of the Senate.

The question-and-answer portion of the trial is not to exceed four hours over one session day.

-ABC News' Trish Turner

A senior aide on the House impeachment managers' team told ABC News that the Trump team was given the trial record, including all video and audio used, prior to the start of the trial, despite the Trump defense team claiming otherwise.

Trump attorney David Shoen in earlier arguments Friday said his team was not given an opportunity to review House managers' evidence before the trial because they were not granted appropriate due process.

In addition to House managers saying all materials were given to Trump's defense team, Senate Minority Leader Mitch McConnell released at least two public statements in advance of Tuesday's trial saying due process was agreed to by both parties.

"Republicans set out to ensure the Senate's next steps will respect former President Trump's rights and due process, the institution of the Senate, and the office of the presidency. That goal has been achieved. This is a win for due process and fairness," McConnell said in a statement on Jan. 22. "This structure has been approved by both former President Trump's legal team and the House managers because it preserves due process and the rights of both sides," he said in another statement Monday.

Republican Sen. Lindsey Graham, a vocal ally of the former president, also tweeted this week that the trial resolution agreed upon is "fair to all concerned."

-ABC News' Trish Turner, Katherine Faulders and Benjamin Siegel

Bruce Castor Jr., a lawyer for Trump's defense team whose performance at the beginning of the trial was criticized by Republican senators and even drew ire from Trump, argued to the Senate that the former president did not incite an insurrection based on what he said is the legal definition of the term.

"Clearly, there was no insurrection. Insurrection is a term of -- defined in the law. It involves taking over a country, a shadow government, taking the TV stations over and having some plan on what you’re going to do when you finally take power," Castor said. "Clearly, this is not that."

Castor also argued that the House mangers did not put Trump's comments into context, and that the president would not have wanted a violent riot to occur and insisted that Trump was the most "pro-police, anti-mob" president in history.

"We know that the president would never have wanted such a riot to occur, because his long-standing hatred for violent protesters and his love for law and order is on display, worn on his sleeve every single day that he served in the White House."

Castor argued that the House managers have misled the Senate about what Trump said at the rally outside the White House. Castor said Trump didn't explicitly tell his supporters to storm the Capitol, Castor continued. Castor argued that the only direction he gave was to get lawmakers to "fight," and if they didn't, to "primary them."

“They have used selective editing and many belated visuals to paint a picture far different from this truth,” Castor said of the House managers.

-ABC News' Benjamin Siegel

The Senate is taking a roughly 15-minute break following roughly three hours of arguments from Trump's defense team.

The trial will move forward with the question and answer portion after the break.

-ABC News' Benjamin Siegel