WASHINGTON (NEXSTAR) – The historic second impeachment trial of former President Donald Trump is underway in the Senate.

Trump’s legal team tried to dismiss it Tuesday, but the now Democrat-controlled chamber wouldn’t let that happen. Six Republicans sided with Democrats that the trial is constitutional in a 56-44 vote.

“They want to call the trial over before any evidence is even introduced,” said Rep. Jamie Raskin, D-MD.

Raskin, the lead House impeachment manager and a constitutional attorney, argued Tuesday Trump’s attorneys are trying to create a new “January exception” for presidential accountability.

“It’s an invitation to the president to take his best shot at anything he may want to do on the way out the door, including using violent means to lock that door,” he said.

As senators sat in their seats reliving the deadly storming of the U.S. Capitol, Raskin pointed to the video montage to make his position on Trump’s guilt clear.

“If that’s not an impeachable offense, then there is no such thing,” he said.  

Sen. John Kennedy, R-LA, condemned the actions of the insurrectionists, but argued Trump is not responsible.

“No evidence whatsoever- none, zero, zilch, nada- that would lead me to convict President Trump,” Kennedy said. “The problem is that we have extremists in both parties.”

Trump’s lead defense attorney, Bruce Castor, also denounced those who attacked the Capitol.

“The loss of life is horrific,” Castor said at the beginning of his remarks on the Senate floor.

However, Castor and Kennedy made the case that Trump’s impeachment trial is moot.

“We’re being asked to impeach a guy in Florida,” Kennedy said. “You don’t have to be Judge Judy to understand that these proceedings are of dubious constitutionality.”

Democrats argue the trial is valid under the Constitution. They point to the impeachment trial of a secretary of war in 1876 who had resigned and note that the House impeached Trump before he left office.

The proceedings continue Wednesday at 12 p.m. ET.