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

Biden remembered those who were killed and called for unity going forward.

Former President Donald Trump's historic second impeachment trial ended with a 57-43 vote to acquit in the Senate. He faced a single charge of incitement of insurrection over his actions leading up to the Jan. 6 riot at the U.S. Capitol.


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Rep. Kinzinger says impeachment vote would pass if held in private

Rep. Adam Kinzinger, R-Ill., who voted in the House to impeach President Donald Trump, told ABC News Live Prime anchor Linsey Davis that he believes it is possible, but not likely, that more Senate Republicans will vote to convict Trump. Kinzinger estimates there will not be enough to get to 67 votes, though he also said if the Senate impeachment vote was held in private, he believes it would "certainly" pass.

"I think over time, people are going to wake up to really how bad, at least, the tone was in the last four years, particularly Jan. 6, and I don't think history is going to judge too kindly those that stood by and picked politics over that oath-keeping decision," Kinzinger said.

The Republican congressman also discussed the future of the GOP and said that if the party continues to go in the direction he feels it's going in, he wouldn't be able to "stay under the Republican banner."

"I'm determined to fight for my party, but if it continues down this track, and there's no hope for it. I certainly wouldn't be able to stay under the Republican banner as much as I want to, you know, I need to be associated with a party that's optimistic about the future," Kinzinger said. "And I'm not there yet. I'm going to fight for the soul of this party and down the road, hopefully, that won't be a decision I'll have to make."

-ABC News' Jon Schlosberg


Key takeaways from 1st day of the impeachment trial

The Senate kicked off former President Donald Trump's second impeachment trial on Tuesday with Democrats using a 13-minute video of the Jan. 6 Capitol riot to help make their case to the Senate, and Trump's defense team debating the constitutionality of the trial of a former president.

Here are three takeaways from the first day of arguments, which ended with the Senate voting 56-44 to proceed with the trial.

Trump's legal team, including Bruce Castor Jr., a former district attorney of Montgomery County, Pennsylvania, made a poor first impression in a 48-minute argument that garnered criticism from senators who found themselves confused and unimpressed.

Senators, many of whom were in the Capitol during the Jan. 6 riots, relived the attacks during a documentary-style video of the Capitol riot, a harrowing presentation that meshed C-SPAN footage of staid House and Senate floor debates with gritty, expletive-laden riot footage and some of the former president's social media posts.

Democrats also cited conservative lawyers who backed the trial, saying that not trying Trump would suggest to future presidents that they would not be held accountable for their actions during their final days in office.

-ABC News' Benjamin Siegel


Impeachment trial set to resume noon Wednesday

On Wednesday, the House impeachment managers must file all motions, except those related to witnesses by 9 a.m. and the Trump legal team must to respond to the House managers’ motions by 11 a.m.

The trial will resume at noon on Wednesday with arguments and a vote for any motions made by either side.

After that, opening arguments begin. The House impeachment managers have up to 16 hours over two days, though both sides are limited to eight hours of arguments each day.

-ABC News' Trish Turner


Despite mixed reviews on defense, Dems still need 17 more votes to convict

ABC News' Congressional Correspondent Rachel Scott senators on both sides of the aisle looked confused as Trump attorney Bruce Castor spoke for the defense team -- a feeling perhaps shared by the former president who aides told ABC News was unhappy with Castor's performance.

"They were antsy," Scott said of the senators during Castor's remarks, "So much so that several actually got up and left and went to a different gathering place and left the room empty."

She said once David Schoen took over, the senators appeared more attentive to the defense' team's performance.

"But there was a stark contrast to when House Democrats got up to make their arguments when they played that 13-minute long video and there was complete silence in the chamber, so much so that you heard the echoes from the sound from the violent mob that stormed the Capitol that day bouncing off the chamber walls," Scott said.

Scott said that although Democrats may have compelling arguments, the majority of Republicans have already signaled they won't vote to convict Trump. Democrats would need at least 17 Republicans to side with them -- an increasingly difficult feat after Tuesday evening's vote in which 44 Republicans voted the trial was unconstitutional.

"You may have some Republicans who may be moved by the presentation by Democrats they may feel compelled by it. They may be shocked to see what they are seeing before their eyes, what they witnessed watching those events replay for them. But at the end of the day, Democrats are going to need the support of at least 17 Republicans in order to convict Donald Trump and already so many have blasted this process as unconstitutional," Scott said.


House manager Raskin begins to lay out closing arguments

After the Senate decided it will not call any witnesses, lead House manager Rep. Jamie Raskin, D-Md., was the first to speak during closing arguments. He reiterated the prosecution's case, calling for the conviction of Trump.

"It was suggested by defense counsel that Donald Trump's conduct during the attack, as described in Congresswoman Beutler's statement, is somehow not part of the Constitutional offense for which former President Trump has been charged," Raskin began. "I want to reject that falsehood and that fallacy immediately. After he knew that violence was underway at the Capitol, President Trump took actions that further incited the insurgents to be more inflamed and to take even more extreme, selective, and focused action against Vice President Mike Pence."

Raskin went on to use his time to describe Trump's months-long campaign to discredit the 2020 election results by spreading misinformation, which he argued laid the groundwork for deadly events of Jan. 6. He went on to claim that the former president assembled the mob, incited it and then sent it off to the Capitol during his speech. At every point, Trump sided with the insurrectionists rather than the Congress, Raskin said.

Once when the violence began, Raskin declared that Trump ignored the violence and further incited it by aiming the attacks on his own vice president.

"There has never been a greater betrayal by the president of the United States of his office, and of his oath to the Constitution."

Raskin then took a moment to suggest the GOP used "cancel culture" against one of its leaders, Rep. Liz Cheney, R-Wyo., who voted to impeach Trump in the House.

"Liz Cheney is a hero for standing up for the truth, and resisting this retaliatory cancel culture that she was subjected to."

Raskin emphasized his gratitude toward the Capitol Police, and finished his argument by saying convicting Trump is a vote for the "security of our democracy."

"They attacked this building, they disrupted the peaceful transfer of power, they injured and killed people, convinced that they were acting on his instructions, and with his approval, and protection," Raskin finished. "And while that happened, he further incited them, while failing to defend us. If that's not ground for conviction, if that's not a high crime and misdemeanor against the republic in the United States of America then nothing is. President Trump must be convicted for the safety and security of our democracy and our people."