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Trump impeachment trial live updates: Biden makes 1st comments on acquittal

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

Last Updated: February 15, 2021, 4:10 PM EST

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.

Feb 09, 2021, 3:04 PM EST

Raskin shares personal story from Jan. 6 attack

Rep. Jamie Raskin, D-Md., the lead House impeachment manager, bookended the Democrats opening' arguments on the constitutionality of the trial by recalling how the day impacted him personally, and, fighting back tears, directly called on his colleagues to "not let this be our future."

"Senators, Mr. President, to close I want to say something personal about the stakes of this decision whether President Trump can stand trial and be held to account for inciting insurrection against us," Raskin said. "I hope this trial reminds America how personal democracy is and how personal is the loss of democracy too."

House impeachment manager Rep. Jamie Raskin, D-Md., speaks during the second impeachment trial of former President Donald Trump in the Senate at the U.S. Capitol in Washington, Feb. 9, 2021.
Senate Television via AP

He explained that his youngest daughter, Tabitha, was with him at the Capitol on Wednesday, Jan. 6. because it was the day after they buried her brother, his son, Tommy, "the saddest day of our lives," Raskin said.

"Also there was my son-in-law Hank, who's married to our oldest daughter Hannah, and I -- I consider him a son too, even though he eloped with my daughter and didn't tell us what they were going to do," Raskin joked, and got a laugh, before pivoting into his emotion-filled recollection of the rest of the day.

"The reason they came with me that Wednesday, Jan. 6, was because they wanted to be together with me in the middle of a devastating week for our family," he said. "They said they heard that President Trump was calling on his followers to come to Washington to protest and they asked me directly, 'Would it be safe? Would it be safe?' I told them, 'Of course it should be safe. This is the Capitol.'"

Trump supporters gather outside the U.S. Capitol, Jan. 6, 2021, in Washington.
John Minchillo/AP, FILE

Violent insurrectionists loyal to President Donald Trump try to break through a police barrier at the Capitol in Washington, Jan. 6, 2021.
John Minchillo/AP, FILE

Raskin was separated from them for electoral business when rioters breached the building.

"And all around me people were calling their wives and their husbands, their loved ones to say goodbye. Members of Congress in the House were removing their congressional pins so they wouldn't be identified by the mob as they tried to escape the violence. Our new chaplain got up and said a prayer for us, and we were told to put our gas masks on," he said.

Raskin said the sound he'll never forget, the "most haunting sound I've ever heard" is one of "pounding on the door like a battering ram."

He said his staff, hiding, "thought they were going to die," and when he finally reunited when his daughter and son-in-law, a comment she made hit him, perhaps, hardest.

"I told her how sorry I was, and I promised her it would not be like this again the next time she came back to the Capitol with me. You know what she said? She said, 'Dad, I don't want to come back to the Capitol,'" Raskin said, fighting back tears. "Of all of the terrible, brutal things that I saw and that I heard on that day, and since then, that one hit me the hardest."

"That and watching someone use an American flag with the flag still on it, to spear and pummel one of our police officers ruthlessly, mercilessly tortured by a pole with flag on it that he was defending with his very life," he added, emphasizing the deaths and injuries from that day.

Rioters loyal to President Donald Trump try to break through a police barrier at the Capitol in Washington, Jan. 6, 2021.
John Minchillo/AP, FILE

Pro-Trump protesters storm into the Capitol during clashes with police, during a rally to contest the certification of the 2020 presidential election results by the U.S. Congress, in Washington, D.C., Jan. 6, 2021.
Shannon Stapleton/Reuters, FILE

"We cannot have presidents inciting and mobilizing mob violence against our government and our institutions because they refuse to accept the will of the people under the Constitution of the United States. Much less can we create a new January exception in our precious, beloved constitution that prior generations have died for and fought for, so that corrupt presidents have several weeks to get away with whatever it is they want to do," he said to close his time.

Feb 09, 2021, 2:45 PM EST

Senate takes short break

The Senate is taking a 10-minute break following the arguments from the House impeachment managers. Trump's legal team will take the floor next.

-ABC News' Benjamin Siegel

Feb 09, 2021, 2:31 PM EST

Rep. Neguse cites history, legal experts

House manager Rep. Joe Neguse, D-Colo., discussed a precedent debated among conservative legal experts about the Senate holding a trial for Secretary of War William Belknap in 1876.

Belknap resigned his post days before a House vote in an unsuccessful attempt to avoid impeachment.

"And when his case reached the Senate, this body, Belknap made the exact same argument that president Trump is making today. That you all lack jurisdiction, any power to try him, because he's a former official. Now, many senators at that time when they heard that argument, literally they were sitting in the same chairs you all are sitting in today. They were outraged by that argument, outraged. You can read their comments in the record," Neguse said. "They knew it was a dangerous, dangerous argument with dangerous implications."

Neguse also cited comments from a co-founder of the conservative Federalist Society and Republican lawyer Charles Cooper arguing that a former president can be impeached. Neguse also cited Jonathan Turley's writings about impeachment during the impeachment trial of former President Clinton, which he has since disavowed, given that he now opposes impeaching Trump as a former president.

"What you experienced that day, what we experienced that day, what our country experienced that day, is the framers' worst nightmare come to life. Presidents can't inflame insurrection in their final weeks and then walk away like nothing happened," Neguse said. "And yet, that is the rule that president Trump asks you to adopt."

-ABC News' Benjamin Siegel

Feb 09, 2021, 2:30 PM EST

Framers intended Congress to convict former officials: Raskin

Breaking the silence in the chamber after playing out the managers' first video, lead House impeachment manager Rep. Jamie Raskin said, "If that's not an impeachable offense, then there is no such thing."

Raskin also made an appeal to senators' interest in defending the prerogatives of the legislative branch: If they acquit Trump, they will be ceding power to the executive branch. 

"If the president's arguments for a January exception are upheld, then even if everyone agrees that he's culpable for these events, even if the evidence proves, as we think it definitively does, that the president incited a violent insurrection on the day Congress met to finalize the presidential election, he would have you believe there is absolutely nothing the Senate can do about it. No trial, no facts. He wants you to decide that the Senate is powerless at that point. That can't be right," he said. 

Citing the impeachment of Warren Hastings in the Parliament of Great Britain, Raskin said the Framers of the Constitution supported impeaching former officials. He also said the power of Congress to impeach, convict and disqualify a president from holding future office are needed the most during a transfer of power, Raskin argued, adding, "That's precisely when we need them the most, because that's when elections get attacked." 

"Given the Framers' intense focus on danger to elections and the peaceful transfer of power, it is inconceivable that they designed impeachment to be a dead letter in the president's final days in office when opportunities to interfere with the peaceful transfer of power would be most tempting and most dangerous, as we just saw," he said. 

Rep. Joe Neguse, D-Colo., took the floor after Raskin.

-ABC News Benjamin Siegel

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