The United States Senate on Tuesday was sworn in as jurors for the the second impeachment trial of former President Donald Trump, though a vote immediately after seemed to suggest that, like in his first impeachment trial, he will likely be acquitted.
Sen. Rand Paul (R-KY) immediately forced a vote on whether or not the trial is constitutional or not – while the vote that took place was on tabling Paul's resolution, it could be seen as a test of which Republicans are willing to cross party lines and go against Trump.
The final vote was 55-45, with Republican Senators – Sens. Collins (R-ME), Murkowski (R-AK), Romney (R-UT), Sasse (R-NE), and Toomey (R-PA) – joining Democrats in voting to dismiss Paul's point of order.
"45 Senators agreed that this sham of a “trial” is unconstitutional," Paul wrote on Twitter following the vote. "That is more than will be needed to acquit and to eventually end this partisan impeachment process. This 'trial' is dead on arrival in the Senate."
Democrats would need 17 Republican Senators to join them to convict Trump, a tall order in such a closely divided Senate. Senators could change their views, however, once the trial actually begins.
Of note, Minority Leader Mitch McConnell, who said that the mob that stormed the U.S. Capitol was "fed lies" and "provoked by the president and other powerful people," voted with Paul.
Prior to the vote, all 100 Senators took an oath to administer "impartial justice," and Sen. Patrick Leahy (D-VT), the president pro tempore of the Senate, was sworn in to preside over the trial. Trump was also summoned to answer the charge of "incitement of insurrection" delivered by the House Monday night.
The Senate then went on to vote on the rules of the trial, which passed with much more bipartisan support: 83-17.
The body dismissed for impeachment business until Feb. 9, when the trial begins.