again the question when we vote on this in a couple of hours where every senator should be is it wise? is that the right thingth to do? i think from that standpoint the choice is very clear. it will not heal, it will not unite. let's dismiss this trial and rule it unconstitutional. thank you mr. president and i yield the floor. >> a quorum is present under the previous order the hour of 2:30 p.m. has arrived. the quorum having been established the senate will proceed to the consideration of the article of impeachment

against donald john trump the former president of the united states. >> mr. president? >> the majority leader. >> mr. president at this time pursuant to rule for the senate rules on impeachment at the united states constitution the president pro tiem emeritus of the senator from iowa will now administer the oath to the president pro tiem patrick j. leahy. >> do you solemnly swear to all things pertaining to the trial of the impeachment of donald john trump former president of the united states now pending that you will do impartial justice according to the constitution and the law so help you god? >> idea, so help me god.

i do, so help me god. >> at this time i will administer the oath to the senators in the chamber conforming to articles one section 3 of the constitution and the senate impeachment rules. we'll we will have senators now rise in raise your right hand. do you solemnly swear that all things pertaining to the trial of the them peach mint of donald john trump former president of the united states now pending that you will do impartial justice according to the constitutional and the laws so help you god? >> i do.

>> calling names and groups of four. the senators will present themselves at the desk to sign the oath book. >> ms. baldwin, mr. brosseau, mr. bennett, mrs. lac burn -- blackburn. [inaudible conversations]

[inaudible conversations] >> mr. blumenthal, mr. blunt, mr. booker, mr. boseman. mr. braun, mr. brown, mr. burr, ms. cantwell.

>> mrs. capito, mr. cardin, mr. carper, mr. casey.

[inaudible conversations] mr. cassidy, ms. collins, mr. coons, mr. cornyn.

[inaudible conversations] ms. cortez masto, mr. cotton, mr. cramer, mr. crapo.

mr. cruz, mr. gaines, ms. duckworth, mr. durbin.

ms. ernst, mrs. feinstein, mrs. fischer, mrs. gillibrand.

[inaudible conversations] mr. graham, mr. grassley, mr. haggerty, ms. hassan.

[inaudible conversations] mr. hawley, mr. heinrich, mr. hickenlooper, ms. hirono.

mr. hoeven, mrs. hyde-smith, mr. inhofe, mr. johnson.

[inaudible conversations] mr. king, mr. kelly, mr. kennedy, mr. cain. [inaudible conversations] ms. klobuchar, mr. lankford,

mr. leahy, mr. lee.

[inaudible conversations] mr. lujan, ms. loomis, mr. manchin, mr. markey.

[inaudible conversations] mr. marshall, mr. mcconnell, mr. menendez, mr. merkley.

mr. moran, ms. murkowski, mr. murphy, mrs. murray. [inaudible conversations]

mr. ossoff, mr. padilla, mr. paul, mr.. peters. [inaudible conversations] mr. portman, mr. reid,

mr. risch, mr. romney. ms. rosen, mr. rounds, mr. rubio, mr. sanders.

[inaudible conversations] mr. sasse, mr. schatz, mr. schumer, mr. scott of florida.

[inaudible conversations] mr. scott of south carolina, mrs. shaheen, mr. shelby, ms. anna mom -- sinema.

>> ms. smith, ms. stabenow, mr. sullivan, mr. tester. [inaudible conversations]

mr. thune, mr. tillis, mr. toomey, mr. tuberville.

[inaudible conversations] mr. van hollen, mr. warner, mr. warnock, ms. warren. [inaudible conversations]

mr. whitehouse, mr. wicker, mr. biden, mr. young.

[inaudible conversations] [inaudible]

[inaudible conversations] >> the senate will be in order. the senate will be in order. the sergeant-at-arms will make the proclamation. >> hear ye, hear ye, hear ye all

persons are commanded to keep silent while the house of representatives is exhibiting to the senate of the united states and article of impeachment against donald john trump former president of the united states. >> mr. president? at the senator from kentucky. >> article ii, section 4 the constitution says the president and vice president all civil officers of the united states shall be removed from office on impeachment for and conviction of treason robbery or other high crimes and misdemeanors. article i section 3 clause six states when the president of the united states has tried the chief justice cell -- upper separatist opening yesterday donald trump holds the positions listed in the constitution briée private citizen.

the presiding officer is not a chief justice nor does he claim to be. it's presence in the chief justice's absence demonstrates that this is not a trial of the present but about private citizen. thereby make a point of order in this proceeding which would try a private citizen and not a president a vice president or civil officer violates the constitution and is not in order. >> under the president of the senate regarding constitutional point of order including those of the senate while sitting at the court of impeachment the chair submits the question to the senators, is the point of order well taken? >> mr. president. >> the majority leader. >> that the theory that the impeachment of the former official is unconstitutional is flat out wrong by every frame of analysis through the constitutional context historical practice precedent and basic common sense has been

completely debunked by constitutional scholars from all across the political spectrum. now the junior senator from kentucky red one the constitution about the senate's impeachment powers and they left out another, section 2 quote judgments in cases of impeachment shall not extend removal from office and disqualification to hold and enjoy any office of honor trust or profit at the united states end quote. is the framers intended impeachment to merely be a vehicle to remove sitting officials from their office they would not have included that additional provision of disqualification from future office. the constitution also gives the senate quote the soul power to try all impeachments. it was decided on this question 1886. president grant secretary of war william bellman raced to the white house to tender his

resignation before the house was set to vote on his impeachment. not only did the house move forward at the impeachment but the senate convened across the chamber that would be tried quote as secretary of war notwithstanding his resignation of said office. the language is crystal clear without any ambiguity. the history and precedent is clear the senate has the power to try former officials and the reasons for that are basic common sense. makes no sense whatsoever that if president or any official could or mitt a heinous crime against our country and the congress is impeachment powers and avoid a vote on disqualification by simply resigning or by waiting to commit evidence until the last few weeks of office. the theory that the senate can't try officials would amount to a

constitutional get out of free jail card for a president who commits an impeachable offense. ironically the senator from kentucky's motion would do injury to the constitution by rendering the disqualification clause effectively moved so again by constitutional text presidents and comic -- comment basic sense it is clearly an constitutional to hold a trial for former official reformer president trump committed up by many including myself the gravest offense committed by the president of united states states for the senate will conduct a trial by former president and senators will render judgment on misconduct. therefore appointive order is ill-founded ended in any case premature but the senators want this issue debated weekend and will be argued during the trial. therefore i move to table the point of order and i asked for the yeas and the nays.

>> is there sufficient second? there is a sufficient second. the clerk will call the roll. >> mr. baldwin, mr. barasso, mr. bennett, mrs. lack burn, mr. blumenthal, mr. blunt mr. booker, mr. boseman mr. braun, mr. brown, mr. burr ms. cantwell, mrs. capito, mr. cardin, mr. carper, mr. casey, mr. cassidy,

ms. collins, mr. coons, mr. cornyn, ms. cortez masto, mr. cotton, mr. cramer, mr. crapo, mr. cruz, mr. danes, ms. duckworth, mr. durbin, ms. ernst, mrs. feinstein, mrs. fischer, mrs. gillibrand, mr. graham, mr. grassley,

mr. haggerty, ms. hassan, mr. hawley, mr. heinrich, mr. hickenlooper, ms. hirono, mr. hoeven, mrs. hyde-smith, mr. inhofe, mr. johnson, mr. kaine, mr. kelly, mr. kennedy, mr. king, ms. klobuchar, mr. lankford, mr. leahy,

mr. lee, mr. lujan, mr. manchin, mr. markey, mr. marshall, mr. mcconnell, mr. menendez, mr. merkley, mr. moran, ms. murkowski, mr. murphy, mrs. murray, mr. ossoff, mr. padilla, mr. paul,

mr. peters, mr. portman, mr. reid, mr. risch, mr. romney, ms. rosen, mr. rounds, mr. rubio , mr. sanders, mr. sasse, mr. schatz, mr. schumer, mr. scott of florida, mr. scott of south carolina, mrs. shaheen, mr. shelby, ms. sinema,

ms. smith, mrs. stabenow, mr. sullivan, mr. thune mr. tester, mr. tillis, mr. toomey, mr. tuberville, mr. van hollen, mr. warner, mr. warnock, ms. warren, mr. whitehouse, mr. wicker, mr. wyden.

.. .. [silence]

[silence] [silence] [silence]

senate. [silence] [silence] [silence] [silence] the knees are what you buy. emotion is agreed to. not sustained. majority leader. >> mr. president. >> majority leader. >> i have a resolution to organize the proceedings at the desk.. >> clerk will report.

>> senate resolution 16 to provide for related procedures concerning the article of impeachment against donald john trump, president of the united ustates. >> i asked for the yeas and nays. >> there is a sufficient second. click will call the role. [roll call vote] [roll call vote]

[roll call vote] should. [roll call vote] [roll call vote] [roll call vote]

[roll call vote] [roll call vote]

[roll call vote] [roll call vote]

[roll call vote] [roll call vote]

[roll call vote] [silence]

[silence]

[silence] >> this motion, yeas or 83. nazar 17. the resolution is agreed to. majority leader. >> at the core of impeachment adjourned until tuesday, february 9, 2021 under the provision of sr 16. >> the motion is gone.

all those opposed say no. the i's have it. the court of impeachment is adjourned until tuesday 1:00 p.m. >> cabinet nominees on capitol hill this week, confirmation hearing. wednesday 9:30 a.m. eastern on c-span, michigan, and in c-span three doctor thomas greenfield nominated ambassador and 3:00 p.m. eastern on c-span, former obama white house chief of staff nominated for secretary of veterans affairs. thursday 10:00 a.m. eastern on

c-span, one hearing for two nominees marsha for sec. of involvement in this area nominated for two, council of economic watch the confirmation hearing on c-span c-span three. on-demand c-span.org or listen on the c-span radio app. listen to c-span podcasts, weekly. this week, former chief of staff in the h.w. bush administration and former deputy chief george w. bush administration's biden chief of staff. >> pay attention to the decisions being made by the president you don't want the president making government decisions. president should be making presidential decisions, not every settlement decision. to be blamed for every government decision but the president should be making presidential decisions and getting ready to make tough

financial decisions of making government is, to make sure people government decision making him the right way. >> c-span the weekly, where you get your podcast. >> you are watching c-span2, until the c-span do created by american cable television company and today brought to you by television companies to provide c-span2 debeers as a public service. ♪♪ >> next, senator angus king joins healthcare providers from lane for discussion on the use of telehealth during the coronavirus pandemic and how it can be used in the future from the bipartisan policy center, this is one hour 15 minutes. >>