Former President Donald Trump is charged with one count of incitement of insurrection for the riot at the U.S Capitol.

WASHINGTON, D.C. (KDKA/AP) — Pennsylvania Senator Pat Toomey was one of five Senate Republicans who did not vote for an effort to dismiss former President Donald Trump’s second impeachment trial.

In a statement, Toomey said, “there are legal and constitutional arguments both favoring and opposing an impeachment trial of a former president.” But he said, in his view, it is “constitutionally permissible.”

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Trump is charged with one count of incitement of insurrection for the riot at the U.S Capitol.

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A conviction would require the support of all Democrats and 17 Republicans, or two-thirds of the Senate — far from the five Republicans who voted with Democrats Tuesday to allow the trial to proceed. They were Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Toomey — all recent critics of the former president and his effort to overturn President Joe Biden’s win.

The vote means the trial on Trump’s impeachment will begin as scheduled the week of Feb. 8. The House impeached him on Jan. 13, just a week after the deadly insurrection in which five people died.

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