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

A clerk momentarily took over for presiding officer Sen. Patrick Leahy, D-Vt., president pro tempore of the Senate, in reading a wordy question from Republican Sens. Marsha Blackburn and Mike Crappo on the Framers' intentions surrounding whether a former officer can be impeached.

"The Framers were very smart men and they went over draft after draft after draft on that document and they reviewed all the other drafts of all of the state constitutions -- all of them -- and they picked and chose what they wanted and they discarded what they did not. And what they discarded was the option for all of you to impeach a former elected official," Trump attorney Michael van der Veen said.

However, the Senate voted on Tuesday 55-45 to affirm its power that Trump trial's is constitutional and its within their authority to proceed. Impeachment managers have argued it's the correct course, rather than a criminal court.

Sens. Mitt Romney, R-Utah, and Susan Collins, R-Maine, asked both Trump's team and the House managers whether the former president knew that former Vice President Mike Pence had been escorted out of the Senate chamber for his safety when Trump sent a "disparaging tweet." Romney was the only Republican to vote to impeach Trump in the last trial.

House manager Rep. Joaquin Castro, D-Texas, insisted Trump "had to know." Castro pointed to a call the former president made to Sen. Tommy Tuberville, R.-Ala., saying that during the call, Tuberville told the president.

"And after Wednesday's trial portion concluded, as Sen. Tuberville spoke to reporters and confirmed the call he had with the president and did not dispute Manager Cicilline’s description in any way that there was a call between he and the president around the time that Mike Pence was being ushered out of the chamber, and that was shortly after 2:00 p.m.," Castro said. "And Sen. Tuberville specifically said he told the president, 'Mr. President, they just took the vice president out. I've got to go.'"

However, Michael van der Veen insisted that there is no evidence presented by the House managers that the president knew Pence had been escorted out.

"There's nothing at all on the record at this time," van der Veen said. "Because the House failed to do even minimal amount of due diligence."

Democratic Sens. Ed Markey and Tammy Duckworth asked House impeachment managers when Trump learned of the breach of the Capitol and what specific actions he took to end the violence.

Congresswoman Stacey Plaskett, D-Virgin Islands, responded, "The answer is nothing."

"Mr. President, senators, this attack was on live TV, on all major networks in real time," Plaskett said. "He knew the violence underway. He knew the severity of the threat and he knew Capitol Police were overwhelmingly outnumbered and fighting for their lives against thousands of insurgents with weapons. We know he knew that."

"'This is wrong. You must go back.' We did not hear that," she noted.

"Why did President Trump do nothing to stop the attacks for two hours after the attacks began? Why did President Trump do nothing to help protect the Capitol and law enforcement, battling the insurgents?" she asked. "The reason this question keeps coming up is because the answer is nothing."

Sen. Lisa Murkowksi of Alaska, one of six Republicans to vote Tuesday that the trial is constitutional, asked the same question to Trump's defense team earlier. Trump's attorney blamed House impeachment managers for not allowing for the time to investigate Trump's action's during the riot.

Sens. Bill Hagerty, R-Tenn., and Tim Scott, R-S.C., asked Trump's defense lawyers if this wasn't just a "political show trial" "designed to discredit Trump and his policies and shame the 74 million Americans who voted for him" because the "appropriate persons" are already being held accountable in court already.

Trump's lawyer Bruce Castor answered by saying, "that's precisely what the 45th president believes this gathering is about."

Castor reiterated that federal authorities are continuing to prosecute those who invaded the Capitol on Jan. 6, and that the trial has "no sanction available under the Constitution in our view" because Trump no longer holds political office.