table or kill senator paul's effort to stop the trial. we will watch how the boat played out on the senate floor in about a half-hour. first we see patrick lahey sworn in as a presiding officer for the trial and senators sworn in as jurors. >> a quorum is present and under the previous order 2:30 p.m. has arrived and quorum has established the senate will proceed to consideration of the article the impeachment against donald john trump the former president of the united states. >> mr. president. >> majority leader. >> mr. president at this time of impeachment in the united states constitution the president the senator from iowa will now administer the oath to the president tim patrick j lahey.

>> do you solemnly swear to all things pertaining to the impeachment of donald j trump former president united states now pending that you will do an impartial justice according to the constitution and the laws so help you god. >> i do so help me god. >> at this time i will administer the oath of the senators in the chamber in accordance article one section three section of the

constitution and the senate impeachment rules. all centers now rise and raise her right hand. >> to you solemnly swear in all things pertaining to the trial of the impeachment of donald john trump former president of the united states now pending do it justice according to the constitutional so help you god. >> all the names in groups of four senators will present themselves at the desk to sign the oath book. >> mr. baldwin. >> mr. brosseau. >> mr. bennett, mrs. blackburn.

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[inaudible conversations] >> the senate will be in order. the acting's arms will make the proclamation. >> all persons are commanded to keep silent on pain of imprisonment 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. >> the senator from kentucky. >> article two section four of the constitution says the president, vice president and all civil officers of the united states shall be removed from office on impeachment for and conviction of treason, bribery and other high crimes and misdemeanors, article one section three clause six states when the president of the united states is tried as chief justice shall preside, as of noon last wednesday donald trump holds no position listed in the constitution he is a private citizen the presiding officer is not the chief justice nor does he claim to be. his presence in the chief justice absence demonstrate that this is not a trial of the president but of a private citizen, therefore i make a point of order that this proceeding which would try a private citizen and not a president, vice president or civil officer who violates the constitution and not in order. >> under the president of the

senate regarding constitutional point of order including those in the senate or the court of impeachment the chair submits the question to the senate, is the point of order well taken? >> mr. president. >> the majority leader. >> the theory that is unconstitutional is flat out wrong by every frame of analysis, constitutional context, historical practice, president and basic common sense has been completely debunked by constitutional scholars from all across the political spectrum, the junior senator from kentucky read one clause about the senate impeachment, he left out another in article three section two, judgment in cases of impeachment shall not extend further than the removal from office and

disqualification to hold and enjoy any office of honor, trust and profit under the united states. if the framers intended impeachment to a vehicle to remove sitting officials from their office, they not would've included that additional provision disqualification from future office. the constitution also gives the senate the sole power to trial impeachment, what have passed senate decided on this, in 1876 president grant secretary of war literally raced to the white house to tend to his resignation before the house was set to vote on his impeachment. not only did the house move forward with the impeachment but the senate convene the trial and voted as a chamber that he could be tried for acts done 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, it makes no sense whatsoever that a president orha any officl could commit a heinous crime against our country and then defeat congress impeachment powers and avoid a vote onid disqualification by simply resigning or by waiting to commit that offense until the last few weeks in office, the theory that the senate cannot try former officials would amount to a get out of jail free card for any president who commits an impeachable offense. ironically the senator from kentucky's motion would do an injury to the constitution by rendering the disqualification clause effectively moved. again by constitutional text, precedent and common basic sense it is clearly and certainly

constitutional to hold a trial for a former official. former president trump committed in the view of many including myself the greatest defense ever committed by a president of the united states. the senate will conduct a trial of the former president and senators will render judgment on his conduct. therefore the point of order is ill-founded any case premature. if senators want this issue debated it can and will be argued during the trial therefore i moved to table the point of order and i asked for the yeas and nays. >> is there sufficient second. >> there is a sufficient second, the clerk will call the roll. [roll call vote] [roll call vote]

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>> the ayes are 55 in the nays r45, the motion to the m table s agreed to in the point of order is not sustained, majority leader. >> mr. president. i have a revolution to organize the proceedings at the desk. >> the clerk will report. >> senate resolution 16 to provide for related procedures concerning the article of impeachment against donald john trump, president of the united states. >> i asked for the yeas and nays. >> is there a sufficient second. the clerk will call the roll. [roll call vote]

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on this motion, 83, the nays are 17, the resolution is agreed to. >> i move to adjourn until tuesday, february 9, 2021 under the provisions. >> the motion is heard. all in favor, opposed? the ayes have it. the senate is adjourned until tuesday at 1 p.m.

>> as senator leahy said, the impeachment trial will resume two weeks from now.

the u.s. mayors meeting in washington heard from doctor anthony fauci to increase vaccinations to combat the covid-19 pandemic. also joining the conversation, doctor vivek murthy, the nominee for surgeon general, and new york city mayor de blasio. >> the term covid-19 was claimed by the world health organization on february 11th and since then,

we've seen the death and damage that this disease has produced and all of our communities. as mayors and as human beings, we have been hit hard, we are broken, infuriated, worried and exhausted at times. that's normal, but we persevere and we carry on. and i thank each and every one of you for the work you've done to keep residents safe, manage your team, support those messes and enhance during one of the most challenging times in history. and now thanks to the great work of scientists, we have vaccines and more hope than ever in eliminating this disease. we also have the thoughtful and compassionate guidance of the scientific experts joining us today and whom i am happy to say will be helping to guide the biden administration robust response to this pandemic. doctor murphy and doctor fauci have been kind enough