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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After personal tragedy, Raskin steps up to lead prosecution

Maryland Democratic Rep. Jamie Raskin will lead the House's prosecution, tapped by Speaker Nancy Pelosi to serve as the top impeachment manager. Raskin, a Harvard-educated, former constitutional law professor serving in his third term in the House, was the lead author of the impeachment article in the wake of the  Jan. 6 insurrection at the U.S. Capitol .

Days earlier, on New Year's Eve, Raskin's son Thomas, who was following his father's footsteps at Harvard Law School, took his own life after battling depression. The Maryland lawmaker drew a standing ovation from his colleagues on the House floor as he thanked them for their "love and tenderness" over the loss of his son. He then proceeded with his remarks on the objections over accepting the election results. Less than an hour later, the Capitol was under siege and Raskin was sheltering under a desk with one of his two daughters and his son-in-law.

-ABC News' John Parkinson


What this could mean for Trump: VIDEO

Trump will be the first president to undergo an impeachment trial after leaving office, but opponents of the impeachment say a trial may be unconstitutional.


Trump's defense team to argue trial is unconstitutional

The public should expect to see four attorneys on the Trump team during the trial: David Schoen, Bruce Castor, Michael van der Veen and Julieanne Bateman.

The newly appointed legal team submitted its first legal brief on Feb. 2, arguing the trial is unconstitutional because Trump is no longer in office. The trial's legality has been called into question since the beginning but the Senate voted to proceed.

The brief also argues that Trump's use of social media and comments made on Jan. 6 are protected by the First Amendment. There is a possibility that Trump's defense may skirt into claims of election fraud, despite Trump and his allies losing dozens of court cases on the issue and the 2020 election results being certified by Congress.

Trump's lawyers filed another brief on Feb. 8, further elaborating their argument against the trial's constitutionality and asking the Senate to dismiss the charges. House impeachment managers followed with a five-page response to Trump's legal team.

-ABC News' Katherine Faulders and Tia Humphries


Dems to lay out 'succinct and to the point' argument: Aides

Democrats are preparing to argue that Trump constituted the "most grievous constitutional crime ever committed by a president" and is "singularly responsible" for the deadly riot at the Capitol on Jan. 6, and that the Senate can't establish "a January exception to the Constitution," according to senior aides on the impeachment managers' team.

The managers, led by Rep. Jamie Raskin, D-Md., have been meeting every day -- sometimes twice a day -- since they were named to work on the case, mostly virtually given the pandemic.

They promised a "succinct and to the point and non-repetitive" argument laying out how the attack happened in "plain sight" and left behind "overwhelming evidence."

"This is not about politics," the aides said, adding that they won't touch any senators' support of Trump.

"This is personal for them. They experienced the attack, their staff experienced the attack," one aide said. "They're not taking this lightly, they find no joy in this."

On the constitutional question of trying a former president, aides said, "This will not be like a constitutional convention," and likened it instead to a "violent criminal prosecution."

They called the argument that the trial is unconstitutional "just not common sense."

"It is unthinkable that the framers would say that that a president could not be impeached, no matter what he or she did in the final days of office would allow the president to misuse power at the most dangerous time right when a president wants to hold on to power, that the president can do whatever that president wants without fear of losing office or be barred from running again. That cannot be," one aide said.

-ABC News Congressional Corespondent Rachel Scott, Katherine Faulders, Benjamin Siegel, Trish Turner and Allison Pecorin


McConnell says Trump solely to blame for attack after voting to acquit

Although he voted to acquit the former president, Senate Minority Leader Mitch McConnell in remarks Saturday distanced himself from Trump and made clear he believed that Trump was solely to blame for the attack on the Capitol on Jan. 6.

"Jan. 6 was a disgrace," McConnell began. "Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the vice president. They did this because they had been fed wild falsehoods by the most powerful man on Earth because he was angry he’d lost an election."

McConnell reminded those listening of his words on the floor last month in which he said the mob was "fed lies" and "provoked" by Trump.

"There's no question -- none -- that President Trump is practically and morally responsible for provoking the events of the day. No question about it. The people who stormed this building believed they were acting on the wishes and instructions of their president," he said.

McConnell said it wasn't Trump remarks solely on Jan. 6 -- as House managers have argued -- but "also the entire manufactured atmosphere of looming catastrophe, the increasingly wild myths -- myths -- about a reverse landslide election that was somehow being stolen, some secret coup by our now president."

McConnell also shot down the defense equating Trump's rhetoric to past comments of Democrats telling supporters to "fight."

"That's different from what we saw. This was an intensifying crescendo of conspiracy theories orchestrated by an outgoing president who seemed determined to either overturn the voters' decision or else torch our institutions on the way out," he said, adding Trump's "unconscionable behavior did not end when the violence actually began."

He said there should be no question that Trump was aware of the violence underway, but he didn't move to stop it.

"Whatever our ex-president claims he thought might happen that day, whatever reaction he says he meant to produce, by that afternoon, we know he was watching the same live television as the rest of us. A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him," he said.

"It was obvious that only President Trump could end this," McConnell said. "The president did not act swiftly. He did not do his job."

However, though McConnell said he ultimately didn't believe an impeachment trial in the Senate was the correct form of resolve since Trump was no longer in office, explaining his vote to acquit, he did leave the door open for Trump being criminally prosecuted.

"President Trump is still liable for everything he did while he’s in office," he said. "He didn’t get away with anything yet."

Notably, McConnell said he would have considered House managers' charge while he was still majority leader and Trump was still president, and then impeachment would have been an "acceptable" course, he said, but McConnell punted the trial to incoming Senate Majority Leader Chuck Schumer during the transfer of power in the chamber last month.