Today began the second impeachment trial for former president Donald J. Trump, this time for incitement of insurrection against the American government.

Still, the people who are really on trial are the 50 Republican senators judging Trump’s guilt.

The impeachment trial today covered whether it is constitutional to try a former official. This angle was designed to get Republican senators off the hook: if not, they could avoid voting on the article of impeachment.

The proceedings went badly for the defense. Lead House impeachment manager Jamie Raskin (D-MD) began the session by pointing out that Trump’s lawyers were arguing for a brand new “January exception to the Constitution of the United States of America.” Constitutional lawyers from across the political spectrum, he pointed out, agree that former officials must be held accountable for their actions after they leave office. Otherwise, officeholders could commit high crimes and misdemeanors and then promptly resign, putting themselves beyond reach of impeachment.