By LISA MASCARO, ERIC TUCKER, MARY CLARE JALONICK and JILL COLVIN

WASHINGTON (AP) — Senators in Donald Trump’s historic second impeachment trial have agreed to consider the case.

The vote was 56-44 on the question of whether the Senate has jurisdiction and could proceed.

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Trump’s trial has opened in the Senate with graphic video of the deadly Jan. 6 attack on Congress after the defeated former president whipped up a rally crowd to "fight like hell” as he encourages a futile battle over his loss to Democrat Joe Biden.

Trump is charged by the House with inciting the violent mob attack to overturn the election. Prosecutors argue Trump committed a “grievous constitutional crime," but his defense team insists his fiery words at the rally were just figures of speech. His lawyers said that trying a former president is unconstitutional.

PHOTOS: Scene at U.S. Capitol shows chaos and violence

 

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