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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Trump defense argues Senate can't impeach former official

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.


Managers, defense bicker over whether Trump knew Pence was evacuated

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."


Plaskett argues Trump did 'nothing' to stop attack

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.


GOP senators question legitimacy of trial

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.


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."