Former President Donald Trump's historic second impeachment trial begins Tuesday, forcing the Senate to decide whether to convict him of incitement of insurrection after a violent mob of his supporters laid siege to the U.S. Capitol on Jan. 6.

While Trump’s acquittal is expected, all 100 senators will first have to sit at their desks and listen to hours of graphic testimony from House Democrats about the riots, which left five people dead. The House impeached Trump on Jan. 13, one week after the violence.

A look at the basics of the upcoming impeachment trial:

How does the trial work?

The Constitution says the House has the sole power of impeachment while the Senate has the sole power to try the individual on the charges. The person being impeached — who can be the president, the vice president or any civil officer of the United States — can be convicted by two-thirds of the senators present.

The House appoints managers as prosecutors who set up on the Senate floor, along with the defendant’s lawyers, to present their case. The prosecutors and Trump's defense team will have a set amount of time to make arguments, and then senators can ask questions in writing before a final vote.

The chief justice of the United States normally presides over the trial of a president, but because Trump has left office, the presiding officer will be Sen. Patrick Leahy, D-Vt., who is the ceremonial head of the Senate as the longest-serving member of the majority party.

Once the senators reach a final vote on the impeachment charge — this time there is just one, incitement of insurrection — each lawmaker will stand up and cast their vote: guilty or not guilty.

How long will the trial last?

Unclear. The Senate has to agree to the rules of the trial, and party leaders are still working out the details.

Trump's first impeachment trial, in which he was acquitted on charges that he abused power by pressuring Ukraine to investigate now-President Joe Biden, lasted almost three weeks. But this one is expected to be shorter, as the case is less complicated and the senators know many of the details already, having been in the Capitol during the insurrection.

And while the Democrats want to ensure they have enough time to make their case, they do not want to tie up the Senate for long. The Senate cannot confirm Biden's Cabinet nominees and move forward with their legislative priorities, such as COVID-19 relief, until the trial is complete.

Why try Trump when he is out of office?

Republicans and Trump’s lawyers argue that the trial is unnecessary, and even unconstitutional because Trump is no longer president and cannot be removed from office. Democrats disagree, pointing to opinions of many legal scholars and the impeachment of a former secretary of war, William Belknap, who resigned in 1876 just hours before he was impeached over a kickback scheme.

While Belknap was eventually acquitted, the Senate held a full trial. And this time, the House impeached Trump while he was still president, seven days before Biden’s inauguration.

If Trump were convicted, the Senate could take a second vote to bar him from holding office again. Democrats feel that would be an appropriate punishment after he told the angry mob of his supporters to “fight like hell” to overturn his election defeat.

Democrats also argue that there should not be a “January exception” for presidents who commit impeachable offenses just before they leave office. They say the trial is necessary not only to hold Trump properly accountable but also so they can deal with what happened and move forward.

“You cannot go forward until you have justice,” said House Speaker Nancy Pelosi this week. “If we were not to follow up with this, we might as well remove any penalty from the Constitution of impeachment.”

How is this trial different from Trump's first trial?

Trump’s first trial was based on evidence uncovered over several months by the House about a private phone call between Trump and the president of Ukraine, as well as closed-door meetings that happened before and afterward. Democrats held a lengthy investigation and then compiled a report of their findings.

In contrast, the second trial will be based almost entirely on the visceral experience of a riot that targeted the senators themselves, in the Capitol building. The insurrectionists even breached the Senate chamber, where the trial will be held.

The fresh memories of Jan. 6 could make it easier for the House impeachment managers to make their case, but it doesn't mean the outcome will be any different. Trump was acquitted in his first trial a year ago Friday with only one Republican, Utah Sen. Mitt Romney, voting to convict, and there may not be many more guilty votes this time around.

In a test vote Jan. 26, only five Senate Republicans voted against an effort to dismiss the trial — an early indication that Trump is likely to be acquitted again.

What will Trump's lawyers argue?

Beyond the constitutionality of the trial, Trump’s lawyers say that he did not incite his supporters to violence and that he did nothing wrong. “It is denied that President Trump ever endangered the security of the United States and its institutions of Government,” they wrote in a brief for the trial. “It is denied he threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch Government.”

Trump's lawyers also say he was protected by the First Amendment to “express his belief that the election results were suspect.”

There was no widespread fraud in the election, as Trump claimed falsely over several months and again to his supporters just before the insurrection. Election officials across the country, and even former Attorney General William Barr, contradicted his claims, and dozens of legal challenges to the election put forth by Trump and his allies were dismissed.

What would acquittal mean for Trump?

A second impeachment acquittal by the Senate would be a victory for Trump — and would prove he retains considerable sway over his party, despite his efforts to subvert democracy and widespread condemnation from his GOP colleagues after Jan. 6.

Still, acquittal may not be the end of attempts to hold him accountable. Sens. Tim Kaine, D-Va., and Susan Collins, R-Maine, floated a censure resolution after last month’s vote made clear that Trump was unlikely to be convicted.

While they haven’t said yet if they will push for a censure vote after the impeachment trial, Kaine said this week that “the idea is out there on the table and it may become a useful idea down the road.”

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Associated Press writers Eric Tucker and Lisa Mascaro contributed to this report.

Senate is in recess

WARNING: This live video may contain violent images and strong or coarse language. Viewer discretion is advised.

1:40 p.m.

Senator Majority Leader Chuck Schumer calls for a 15 minute recess. The trial will resume shortly.

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1:30 p.m.

House Democrats prosecuting Donald Trump's impeachment trial are methodically tracing his monthslong effort to undermine his supporters’ faith in the election results. They say they will show he is responsible for last month’s deadly riot at the U.S. Capitol.

During arguments Wednesday, impeachment managers showed a flurry of excerpts from Trump speeches in which the then-president told supporters the only way he could lose is if the election results were rigged.

The effort to challenge the results continued after the election, with Trump telling his supporters the election had been stolen and that they shouldn’t accept the results.

Impeachment managers also pushed back at defense team arguments that Trump’s words were protected by the First Amendment. They said the case was not about protected political speech but rather about Trump’s incitement of violence.

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1 p.m.

One of the House impeachment managers on Wednesday showed videos, some filmed by the Capitol rioters themselves, who said they were heeding a call from former President Donald Trump when they descended upon the complex that January day.

One rioter said he was "invited by the president of the United States." Others later told investigators and participated in interviews where they said that they were motivated by Trump’s words at a rally before the storming occurred.

House impeachment manager Rep. Joe Neguse also showed photos of samples from some of the 200 criminal cases stemming from the insurrection, specifically quoting people who said they were inspired by Trump to storm the Capitol.

Trump knew very well what would happen when he took to the microphone at the outdoor White House rally that day, almost to the hour that Congress gaveled in to certify Biden’s win, said Neguse.

“This was not just a speech,” he said.

Trump’s supporters were prepped and armed, ready to descend on the Capitol, Neguse said. “When they heard his speech, they understood his words.”

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12:30 p.m.

In his opening argument for the conviction of former President Donald Trump, lead impeachment manager Rep. Jaime Raskin called Trump the "inciter-in-chief," placing blame on the former president for the deadly Capitol riot.

"[This trial will show that Donald Trump surrendered his role as commander-in-chief and became the inciter-in-chief of a dangerous insurrection, and this was as one of our colleagues put it so cogently on Jan. 6 itself, the greatest betrayal of the presidential oath in the history of the United States," Raskin said.

Raskin also played videos from Trump's now-suspended Twitter account, where Trump called the rioters "very special."

"He watched it on TV like a reality show. He reveled in it," Raskin added. "He did nothing to help us as commander-in-chief. Instead, he served as the inciter-in-chief sending tweets that only further incited the rampaging mob."

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Noon

Opening arguments in the second impeachment trial of former President Donald Trump are underway. House impeachment managers will start first, making their case for the former president's conviction. Senate leaders reached an agreement Monday, giving the impeachment managers and Trump's lawyers up to 16 hours each to present their cases and creating the option for a debate and vote to call witnesses if the House impeachment managers seek it.

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Original story below

Opening arguments will begin in Donald Trump's impeachment trial after an emotional first day ended with the Senate voting to hear the case for convicting the former president of inciting the riot at the U.S. Capitol even though he is no longer in office.

On Wednesday, House Democrats prosecuting the case and the former president’s attorneys will lay out their opposing arguments before the senators, who are serving as jurors. The defense lost the vote seeking to halt the trial on constitutional grounds, 56-44, leaving Trump fuming over his lawyers' performance and allies questioning the defense strategy. Some called for yet another shakeup to his legal team.

House prosecutors on Tuesday wrenched senators and the nation back to the deadly attack on Congress, showing a graphic video of the Jan. 6 mob violence that stunned the the world as hundreds of rioters ransacked the building to try to stop the certification of Democrat Joe Biden’s victory. Five people died.

That detailed and emotional presentation by Democrats was followed by meandering and occasionally confrontational arguments from the Trump team, which insisted that his remarks were protected by the First Amendment and asserted that he cannot be convicted as a former president. Even Trump’s backers in the Senate winced, several saying his lawyers were not helpful to his case.

Senators, many of whom fled for safety themselves the day of the attack, watched and listened, unable to avoid the jarring video of Trump supporters battling past police to storm the halls, Trump flags waving. More video is expected Wednesday, including some that hasn't been seen before.

The heavy emotional weight of the trial punctuates Trump’s enduring legacy as the first president to face impeachment trial after leaving office and the first to be twice impeached. While many minds are made up, the senators will face their own moment to decide whether to convict or acquit Trump of the sole charge of “incitement of insurrection.”

“That’s a high crime and misdemeanor,” Rep. Jamie Raskin, D-Md., declared in opening remarks. “If that’s not an impeachable offense, then there’s no such thing.”

Trump’s lawyers insist he is not guilty, his fiery words just figures of speech.

Security remained extremely tight at the Capitol, a changed place after the attack, fenced off with razor wire and with armed National Guard troops on patrol. The nine House managers walked across the shuttered building to prosecute the case before the Senate.

White House press secretary Jen Psaki said Biden would not be watching the trial of his predecessor.

“Joe Biden is the president, he’s not a pundit, he’s not going to opine on back and forth arguments,” she said.

With senators sworn to deliver impartial justice, the trial started with the Democratic House managers' gripping recollections, as they described police officers maimed in the chaos and rioters parading in the very chamber where the trial was being held.

Trump’s team countered that the Constitution doesn’t allow impeachment at this late date. Though the trial now proceeds, that’s a legal issue that could resonate with Republicans eager to acquit Trump without being seen as condoning his behavior.

Lead defense lawyer Bruce Castor said he shifted his planned approach after hearing the prosecutors’ opening and instead spoke conversationally to the senators, saying Trump’s team would do nothing but denounce the “repugnant” attack and “in the strongest possible way denounce the rioters.” He appealed to the senators as “patriots first,” and encouraged them to be “cool headed” as they assess the arguments.

Trump attorney David Schoen turned the trial toward starkly partisan tones, saying the Democrats were fueled by a “base hatred” of the former president.

The early defense struggles also underscored the uphill battle that Trump’s lawyers face in defending conduct that preceded an insurrection that senators themselves personally experienced. Though they will almost certainly win Trump’s acquittal — by virtue of the composition of the Senate — they nonetheless face a challenge of defanging the emotion from a trial centered on events that remain raw and visceral, even for Republicans.

Republicans made it clear that they were unhappy with Trump’s defense, many of them saying they didn’t understand where it was going — particularly Castor’s opening. Louisiana Sen. Bill Cassidy, who voted with Democrats to move forward with the trial, said that Trump’s team did a “terrible job.” Maine Sen. Susan Collins, who also voted with Democrats, said she was “perplexed.” Sen. Lisa Murkowki of Alaska said it was a “missed opportunity” for the defense.

While the 56-44 vote affirmed the Senate’s authority under the Constitution to decide the case even after the president had left office, the total was still far from the two-thirds threshold of 67 votes that would be needed for conviction.

The six Republicans who joined with Democrats to pursue the trial was one more than on a similar vote last week. Cassidy joined Collins, Murkowski, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania.

At one pivotal point, Raskin told his personal story of bringing his family to the Capitol that day to witness the certification of the Electoral College vote, only to have his daughter and son-in-law hiding in an office, fearing for their lives.

“Senators, this cannot be our future,” Raskin said through tears. “This cannot be the future of America.”

The House prosecutors had argued there is no “January exception” for a president to avoid impeachment on his way out the door. Rep. Joe Neguse, D-Colo., referred to the corruption case of William Belknap, a war secretary in the Grant administration, who was impeached, tried and ultimately acquitted by the Senate after leaving office.

If Congress stands by, “it would invite future presidents to use their power without any fear of accountability," he said.

It appears unlikely that the House prosecutors will call witnesses, and Trump has declined a request to testify.

The trial is expected to continue into the weekend.

Trump's second impeachment trial is expected to diverge from the lengthy, complicated affair of a year ago. In that case, Trump was charged with having privately pressured Ukraine to dig up dirt on Biden, then a Democratic rival for the presidency.

This time, Trump's “stop the steal” rally rhetoric and the storming of the Capitol played out for the world to see.

The Democratic-led House impeached the president swiftly, one week after the attack. Of the five who died, one was a woman shot by police inside the building and another a police officer who died the next day of his injuries.

CNN contributed to this report.

Multiple reports say former President Donald Trump’s attorney David Schoen was not telling the truth Friday when he said their team was not given the chance to review evidence presented by the House impeachment managers.

While presenting their defense Friday afternoon, Schoen implied that he and his team were not able to review evidence in the case. He wondered out loud why the video had not been released earlier.

“President Trump and his counsel were given no opportunity to review evidence or question it’s propriety,” Schoen said. He then showed a headline from a media report calling the footage “never seen before.”

“Why was this footage never seen before? Shouldn’t the subject of an impeachment trial, this impeachment trial, President Trump, have the right to see the so-called new evidence against him?” Schoen asked during his arguments.

However, shortly after he made the statement, multiple media outlets, including Yamiche Alcindor at PBS, confirmed House managers shared all evidence they planned to present with the defense. The two sides had agreed to trial rules that included sharing evidence before the trial started.

A source told reporter Nicolle Wallace that Schoen lied.

"Every piece of evidence, including new videos, were given to the defense team before the trial. They could have played them. He lied when he said they never saw them,” MSNBC reports from their source.

UPDATE 3: p.m. CT - Former President Donald Trump was acquitted in his second impeachment trial. The Senate voted Trump "not quilty" in a 57-43 vote.

67 votes were needed to convict.

Seven Republicans voted to convict Trump: Burr, Collins, Cassidy, Murkowski, Romney, Sasse, and Toomey.

UPDATE 2 p.m. CT - With the final vote close, lead Democratic impeachment manager Jamie Raskin told the Senate on Saturday that “this is almost certainly how you will be remembered by history.”

“None of us can escape the demands of history and destiny right now,” Raskin said in his final argument on the Senate floor.

Trump's lawyer Michael van der Veen stated in his closing arguments that there is no evidence that Trump incited an “armed insurrection” to “overthrow the U.S. government” on Jan. 6.

UPDATE 11:45 a.m. CT - Closing arguments are occurring after the Democrats agreed to skip witness testimony in the impeachment trial of former President Donald Trump.

The closing arguments could last up to four hours, with each side getting two hours each. An acquittal vote would occur afterward.

The agreement allows Rep. Jaime Herrera Beutler not to be deposition in exchange they do not call witnesses and speed to closing arguments, the New York Times reported.

UPDATE 11:30 a.m. CT - The trial resumed after a brief recess on the fifth day of the impeachment trial of former President Donald Trump.

WATCH LIVE:

UPDATE 10:49 a.m. CT - The trial has been recessed until 12:30 p.m. ET as leaders discuss what to do next.

The trial came to an abrupt halt after the Senate voted 55-45 to consider calling witnesses.

The trial had been looking to conduct closing arguments and a final vote on whether to acquit or convict Trump sometime Saturday night could be delayed.

UPDATE 9:37 a.m. CT - The Senate has voted 55-45 that it may consider motions to subpoena witnesses and documents in the Trump impeachment trial.

GOP's who voted YES: Susan Collins, Lindsey Graham (who changed his vote from No to Yes), Lisa Murkowski, Mitt Romney, and Ben Sasse.

No witnesses were expected to be called Saturday, but lead Democratic prosecutor Jamie Raskin of Maryland asked that Rep. Jaime Herrera Beutler give a deposition about the conversation she had with House Republican leader Kevin McCarthy over Trump’s actions on Jan. 6.

Trump’s attorney Michael van der Veen said the deposition of Rep. Beutler was unnecessary and he would call on 100 witnesses in rebuttal, NBC News reported.

UPDATE 9:25 a.m. CT - Laughter broke out in the Senate Chamber after Trump attorney Michael van der Veen insisted that any impeachment trial depositions should be done in person in his office in Philadelphia.

UPDATE 9:12 a.m. CT - First up will be to vote on whether or not to call witnesses. According to The New York Times, if the Democrats seek witnesses, Trump’s legal team will try to call Speaker of the House Nancy Pelosi and DC Mayor Muriel Bowser.

They would need 51 votes to subpoena the witnesses, The Times reported.

Before Day 5 of the impeachment trial was underway, The Associated Press reported that Senate Republican leader Mitch McConnell will vote to acquit Donald Trump in the former president's impeachment trial.

As Day 5 of the impeachment trial began, Jamie Raskin said on the Senate floor the impeachment managers want to subpoena Rep. Jaime Herrera Beutler for her knowledge and notes on the Trump-McCarthy call, calling it a "critical piece of corroborating evidence" for their case.

ORIGINAL STORY - The impeachment trial of former President Donald Trump will resume at 10 a.m. ET on Saturday. According to CNN, the Senate will vote on the impeachment Saturday evening.

WATCH RECAP:

The Senate is expected to consider motions on witnesses and documents on Saturday. The Senate will then hear closing arguments from the two respective legal teams before taking the vote.

Lawyers for former President Donald Trump opened arguments up Friday.

Still, they were brief, using only about three of their 16 allotted hours, stating that he could not have incited the insurrection at the U.S. Capitol on Jan. 6 because he is entitled to protected political speech since he was an elected official.

Senators proceeded in the afternoon by questioning the prosecution and defense.

During the questioning, critical Republican senators who could vote to find Trump guilty focused on the former President's actions as the riots unfolded, that then-Vice President Mike Pence's life was endangered, a topic that Trump's lawyers did little to address during their argument.

Trump attorney Michael van der Veen caused somewhat of an uproar with his opening statements by accusing the Democrats of advancing a “preposterous and monstrous lie” and stated that the trial was “completely divorced from the facts, the evidence and the interests of American people.”

In a presentation, Trump's lawyers channeled the former president’s combative style and embrace of falsehoods by claiming in video clips that Democrats urged their supporters to “fight.”