February 9, 2021
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0:46Now PlayingTwo House Republicans are praising former President Donald Trump's legal team for arguing the legality of the impeachment trial.
"I thought the president's team laid out what this is really about, this is this is about the Democrats trying to cancel the guy that 74 million Americans voted for," said Rep. Jim Jordan of Ohio.
"They've been obsessed with this. The obsession continues so much so that they're willing to ignore the Constitution, willing to ignore due process and frankly, willing to ignore the facts."
This comes as Senators in Trump’s historic second impeachment trial agreed to consider the case, rejecting an attempt by the former president’s defense team and some Republican allies to halt the trial because he is no longer in office.
The vote was 56-44 on Tuesday on the question of whether the Senate has jurisdiction and could proceed.
It came after four hours of arguments from Trump’s lawyers and the Democratic impeachment managers, who are arguing that the former president incited the January 6th Capitol riots.
Trump was impeached on a count of incitement of insurrection over the Capitol riot by a mob of his supporters.
Both sides were debating the trial's constitutionality on Tuesday, and the debate will be followed by a vote to dismiss the case, which is expected to fail.
Trump’s team is arguing that the trial is not constitutional because Trump is out of office.
"What is supposed to govern this decision is, is the law, the Constitution. And I think the president's council did a good job in that second half, laying out what the law says," said Rep. Mike Johnson of Louisiana.
"If you can impeach presidents after they leave office, it sets a very dangerous trend. And especially with the nature of our politics today, it's something that I think all of us should want to avoid."
Democrats, citing legal scholars and precedent from a secretary of war’s 1876 impeachment, have detailed both the historical precedent and the violence of the rioting to argue that it is constitutional.
Trump was impeached one week before he left office and one week after he told his supporters to "fight like hell” before they laid siege on the Capitol.
The rioting resulted in five deaths.
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