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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Majority of Republicans vote trial is unconstitutional

The overwhelming majority of Republicans -- 44 senators -- voted against proceeding with Trump's impeachment trial, but one Republican unexpectedly sided with Democrats.

Sen. Bill Cassidy of Louisiana joined Sens. Mitt Romney of Utah, Lisa Murkowski or Alaska, Susan Collins of Maine, Pat Toomey of Pennsylvania, Ben Sasse of Nebraska who voted against dismissing the trial altogether last month.

"The fact that you have six Republicans now willing to go forward is telling, but of course, six is still a far cry from the 17 that they will need," said ABC News Senior White House Correspondent Mary Bruce, referring to the number needed to impeach Trump. "Even those Republicans who have condemned strongly the president's actions, who have said he bears responsibility that he provoked the mob that marched on the Capitol, still have argued that they do not feel that this is constitutional and that gives Republicans, some political cover in many ways.

"It will be interesting to hear from Sen. Cassidy certainly why he changed his mind or if that gives Democrats any hope that they may be able to change some other minds in the coming days," she said.

Asked earlier in the day if the House managers' presentation impacted him, Cassidy told reporters, "I’m trying to digest facts, and I thought the arguments they gave were strong arguments. Clearly, we have to hear the opposition, but they presented very good arguments" on the constitutional question, he said.


Senators vote 56-44 to continue trial

The Senate voted 56-44 to proceed with the impeachment trial.

Six Republican senators voted with Democrats that the trial is constitutional. Last month, 45 Republican senators voted to dismiss the trial in an effort led by Republican Sen. Rand Paul of Kentucky.

Before the Senate began voting, Rep. Jamie Raskin, D-Md., waived the House impeachment managers' remaining time and said, "nothing could be more bipartisan than the desire to recess."

The trial is adjourned until noon Wednesday.


Trump defense calls trial 'irretrievably flawed process' that 'we all will regret forever'

In an intense, gloom-filled presentation, Trump attorney David Schoen called the trial of the former president an “irretrievably flawed process” that “we all will regret forever” and leave a lasting “stain” on the Senate.

Multiple times, he called the impeachment proceedings "a dangerous snap impeachment."


Schoen warned that Democrats were intent on going after Trump to deprive him from office “in the name of the Constitution.”

“But this is an affront to the Constitution, no matter who they target today. It means nothing less than the denial of the right to vote and the independent right for a candidate to run for elected political office guaranteed by the First and 14th Amendments to the United States Constitution, under the guise of impeachment as a tool to disenfranchise," he said, at one point holding up a copy of the document.

In arguing against the House managers’ claim that the trial is constitutional, Schoen continued a line of argument that Trump attorney Bruce Castor started -- that if Trump had done anything wrong, like incitement, then a criminal court proceeding is the correct remedy.

“The risk to the institution of the presidency and to any and all past officers is limited only by one's imagination. The weakness of the managers' case is further demonstrated by the reliance of unproven assertion that if President Trump is not impeached, future officers who are impeached will evade removal by resigning, either before impeachment or Senate trial," he said. "We have a judicial process in this country. We have an investigative process in this country to which former office holder is immune. That's the process that should be running his course.”

Schoen suggested that House Speaker Nancy Pelosi intentionally delayed the article -- and in doing so, did harm to Trump, since the Chief Justice, an impartial arbiter, cannot preside, making the trial unconstitutional, he said.

Instead, Schoen said, a partisan Sen. Patrick Leahy, D-Vt., is judging Trump -- a partisan who Schoen noted has taken a position on impeachment already.

-ABC News' Trish Turner


Arguments wrap up, Senate set to vote on constitutionality of trial

Both Trump's legal defense and the House managers have wrapped up their arguments over the constitutionality of the impeachment.

The Senators are voting on whether or not the trial is constitutional.


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."