is it the right thing to do? i think from that standpoint the choice is very clear. it will not heal, it will not unite. let's put an end to this now. let's dismiss this trial and rule it unconstitutional. thank you, mr. president, i yield the floor. >> and the impeachment trial of former president trump will proceed two weeks from now after the senate voted 55-45 to table senator paul's effort to table the vote. we'll see how that played out on the senator floor. first we see senator patrick leahy presiding officer for the trial and senators sworn in as jurors. >> a quorum is present and under the previous order our of 2:30 p.m. having arrived, a

quorum having been established the senate will proceed to consideration of the articles of impeachment against donald john trump the former president of the united states. >> mr. president. >> majority leader. >> mr. president, at this time pursuant to notice to rule 4 of the senate rules on impeachment and the united states constitution, the president pro tem emeritus, the senator from iowa will now administer the oath to the president pro tem patrick j leahy. >> do you solemnly swear that to all things apertaining to the impeachment trial of donald john trump, former president of the united states, now pending, that you will do 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-- in conforms article cause 6 of the constitution and the senate's impeachment rules. will all senators now rise and raise their right hands? do you solemnly swear that in all things apertaining to the trial in the impeachment of donald john trump, former president of the united states, how pending, you'll do impartial justice according to the constitution and laws so help you god? >>

[senate responds] >> call the numbers in groups of four ar senators will present themselves at the desk to sign the oath book. >> miss baldwin, barrasso, mr. bennett. mrs. blackburn.

[signing book] >> mr. blumenthal, mr. blunt, mr. booker, mr. bosman. mr. braun, mr. brown, mr. burr, ms. cantwell.

mrs. capito, mr. carper, mr. casey.

[signing book] mr. cassidy ms. collins, mr. coons, mr. cornyn.

>> ms. cortez masto, mr. cotton, mr. cramer,

mr. crapo. mr. cruz, mr. dane, ms. duckworth, mr. durbin.

ms. ernst, mrs. feinstein, mrs. fisher, mrs. gillibrand.

mr. graham, mr. grassley, mr. haggerty, ms. haskins-- ms. hassan.

mr. hawley, mr. heinrich, mr. hickenlooper, miss hirono.

mr. hogan, 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, ms. lummis, mr. m.

>> mr. marshall, mr. mcconnell, mr. menendez, mr. merkley.

>> mr. moran, ms. murkowski, mr.

>> mr. ossoff, mr. padilla, mr..

mr. portman, mr. reed, mr. risc. >> ms. rosen, mr. rounds, mr. r.

>> mr. sasse, mr. schatz, mr. s.

>> mr. scott of south carolina,i nema.

>> ms. smith, ms. stabenow, mr..

>> mr. thune, mr. tillis, mr. t.

>> mr. van hollen, mr. warner, .

>> mr. whitehose, mr. wicker, m.

[background sounds]

[background sounds] >> the senate will be in order. be in order. the acting sergeant at arms make the proclamation.

>> hear ye, , hear ye, hear ye. all persons are commanded to keep silent on payment imprisonment while the house of representatives is exhibiting to the senate of the united states an article of impeachment against donald john trump former president of the united states. >> mr. president? >> the senator from kentucky. >> article to section four of the constitution says the president, vice president and all fellow officers of the united states shall be removed from office on impeachment for an conviction of treason, bribery or other high crimes and misdemeanors. article one section three clause six states when the president of the united states is tried, the chief justice shall preside. as of noon last wednesday donald trump holds none of the

positions 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, chief justice's absence, demonstrates 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 violates the constitution and is not in order. >> under the president of the senate regarding constitutional point of order, including those of the senate pulsating in court of impeachment the chair submits the question to the senate. is the point of order well taken? >> mr. president? >> the majority leader. >> that theory that the impeachment of a former official is unconstitutional is flat out wrong by every frame of analysis. constitutional context,

historical practice, president and basic common sense. it's been completely debunked by constitutional scholars from all across the political spectrum. now, the junior senator from kentucky read one colostrum the constitution about the sin is impeachment powers. he left out another from article iii section two quote, judgment in cases of impeachment shall not extend further than to removal him office and disqualification to hold and enjoy in office of honor, trust or profit under the united states, unquote. if the framers intent impeachment to merely be a vehicle to remove sitting officials from their office, they would not have included that additional provision. disqualification from future office the constitution also gives the senate quote the sole power to trial impeachment. so what is decided on this question?

in 1876, president grant secretary work william bellman literally race to the white house to tender his resignation before the house was set to vote on his impeachment. not only to the house move forward with the impeachment, but the senate convened a trial and voted as the chamber that mr. belknap could be tried quote for ask 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 reason for that are basic common sense. it makes no sense whatsoever that a president or any official could commit a heinous crime against our country and then defeat congress' impeachment powers and avoid a vote on disqualification by simply resigning. or by waiting to commit that offense until the last few weeks

in office. the theory that the senate can't try former officials what amount to constitutional 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 moot. so again, by constitutional text, president 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 gravest offense ever committed by a president of the united states. the senate will conduct the trial of the former president and senators will render judgment on his conduct. therefore, the point of order is cofounded and in any case premature. it senators want this issue debated, it can't and will be

argued during the trial. therefore, i moved to table the point of order, and i ask for the yeas and nays. >> is there a sufficient second? there is a sufficient second. the clerk will call the roll. [roll call] [roll call] [roll call]

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>> in this note the yeas are 55 and the nays are 45. the motion to table is agreed to. the point of order is not sustained. majority leader. >> mr.r. president, i haven

resolution to organize the pretrial 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 ask for the yeas and nays. >> is there a sufficient second? there is a sufficient second. roll.erk will call the [roll call] [roll call] >> we will leave this program at this time for congressional coverage. you can finish watching this@c-span.org. the use senate is about to gavel in a day after being sworn in as impeachment trial jurors for donald trump. the trial begins tuesday

february 9. today the senate has no votes scheduled but that may change. live now to the senate floor on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. o god our father, thank yo