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Senate votes to move forward with Trump’s 2nd impeachment trial after debating constitutionality

After hours of legal debate, the Senate voted Tuesday afternoon to move forward with former President Donald Trump’s historic second impeachment trial. 

The trial started with debate and a vote over whether it’s constitutionally permissible to prosecute Trump after he is no longer in the White House. The Senate voted 56-44 in favor, with Republican leader Mitch McConnell voting no. 

The trial will move forward and begin at noon Wednesday with 16 hours for impeachment managers in the House to lay out their case, followed by 16 hours for Trump’s defense. 

Democrats opened the trial by showing the former president whipping up a rally crowd to march to the Capitol and "fight like hell" against his reelection defeat, followed by graphic video of the deadly attack on Congress that came soon after.

The lead House prosecutor told senators the case would present "cold, hard facts" against Trump, who is charged with inciting the mob siege of the Capitol to overturn the election he lost to Democrat Joe Biden. Senators sitting as jurors, many who themselves fled for safety that day, watched the jarring video of Trump supporters battling past police to storm the halls, Trump flags waving.

"That's a high crime and misdemeanor," said Rep. Jamie Raskin, D-Md., in opening remarks. "If that's not an impeachable offense, then there's no such thing."

Trump is the first president to face impeachment charges after leaving office and the first to be twice impeached. The Capitol siege stunned the world as hundreds of rioters ransacked the building to try to stop the certification of Biden’s victory, a domestic attack on the nation’s seat of government unlike any in its history. Five people died.

Acquittal is likely, but the trial will test the nation’s attitude toward his brand of presidential power, the Democrats’ resolve in pursuing him, and the loyalty of Trump’s Republican allies defending him.

Trump's lawyers are insisting that he is not guilty of the sole charge of "incitement of insurrection," his fiery words just a figure of speech as he encouraged a rally crowd to "fight like hell" for his presidency. But prosecutors say he "has no good defense" and they promise new evidence.

Security remained extremely tight at the Capitol on Tuesday, a changed place after the attack, fenced off with razor wire with armed National Guard troops on patrol. The nine House managers walked across the shuttered building to prosecute the case before the Senate.

White House press secretary Jen Psaki said Biden would not be watching the trial of his predecessor.

The Associated Press contributed.