WATCH: Trump’s impeachment trial

WASHINGTON, D.C. (NBC) – History is being made on Capitol Hill Tuesday as the second impeachment trial for former President Trump starts. He is accused of inciting the January 6 attack on the Capitol.

This could end up being the shortest impeachment trial in history, starting with a debate over whether the trial is even constitutional

The first order of business in the Senate is a day-long debate over whether the impeachment of a former president is even constitutional.

Trump is charged with inciting the Capitol insurrection and House managers are focusing on his actions following the election and his fiery words just minutes before the attack.

Democrats argue the president has no valid excuse for his actions, that he violated his oath of office and betrayed the American people.

The former president’s defense argues he was speaking figuratively, that his words are protected free speech and the riot was carried out by a small group of criminals.

While Democrats fiercely debate whether to call witnesses with many of the senators hearing the case saw the attack and its aftermath firsthand but they will not hear from Donald Trump, the first president in history to be impeached twice.

Wednesday, oral arguments are set to begin with each side getting up to 16 hours to make their case.

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