By LISA MASCARO and MARY CLARE JALONICK

WASHINGTON (AP) — House Democrats delivered the impeachment case against Donald Trump to the Senate for the start of his historic trial, but Republican senators were easing off their criticism of the former president and shunning calls to convict him over the deadly siege at the U.S. Capitol.

It’s an early sign of Trump’s enduring sway over the party.

The nine House prosecutors carried the sole impeachment charge of “incitement of insurrection” across the Capitol on Monday night in a solemn and ceremonial march to the Senate along the same halls the rioters ransacked just weeks ago. In a scene reminiscent of just a year ago — Trump is the first president twice impeached — the lead House prosecutor, Rep. Jamie Raskin of Maryland, stood before the Senate to read the House resolution charging “high crimes and misdemeanors.”

But Republican denunciations of Trump have cooled since the Jan. 6 riot. Instead Republicans are presenting a tangle of legal arguments against the legitimacy of the trial and questioning whether Trump’s repeated demands to overturn Joe Biden’s election really amounted to incitement.

What seemed for some Democrats like an open-and-shut case that played out for the world on live television, as Trump encouraged a rally mob to “fight like hell” for his presidency, is running into a Republican Party that feels very differently. Not only are there legal concerns, but senators are wary of crossing the former president and his legions of followers — who are their voters. Security remains tight at the Capitol.

Sen. John Cornyn, R-Texas, asked if Congress starts holding impeachment trials of former officials, what’s next: “Could we go back and try President Obama?”

Besides, he suggested, Trump has already been held to account. “One way in our system you get punished is losing an election.”

Arguments in the Senate trial will begin the week of Feb. 8, and the case against Trump, the first former president to face impeachment trial, will test a political party still sorting itself out for the post-Trump era. Republican senators are balancing the demands of deep-pocketed donors who are distancing themselves from Trump and voters who demand loyalty to him. One Republican, Sen. Rob Portman of Ohio, announced Monday he would not seek reelection in 2022, citing the polarized political atmosphere.

For Democrats the tone, tenor and length of the upcoming trial, so early in Biden’s presidency, poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration’s priorities following their sweep of control of the House, Senate and White House.

Biden himself told CNN late Monday that the impeachment trial “has to happen.” While acknowledging the effect it could have on his agenda, he said there would be “a worse effect if it didn’t happen.” He said he didn’t think enough Republican senators would vote to convict, though he said the outcome might have been different if Trump had six months left in his term.

Chief Justice John Roberts is not expected to preside at the trial, as he did during Trump’s first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office.

Instead, Sen. Patrick Leahy, D- Vt., who serves in the largely ceremonial role of Senate president pro tempore, is set to preside.

Leaders in both parties agreed to a short delay in the proceedings that serves their political and practical interests, even as National Guard troops remain at the Capitol amid security threats on lawmakers ahead of the trial.

The start date gives Trump’s new legal team time to prepare its case, while also providing more than a month’s distance from the passions of the bloody riot. For the Democratic-led Senate, the intervening weeks provide prime time to confirm some of Biden’s key Cabinet nominees.

An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. The House approved the charge against Trump on Jan. 13, with 10 Republicans joining the Democrats.

Mounting Republican opposition to the proceedings indicates that many GOP senators will eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him.

Rand Paul of Kentucky said that without the chief justice presiding the proceedings are a “sham.” Joni Ernst of Iowa said that while Trump “exhibited poor leadership,” it’s those who assaulted the Capitol who “bear the responsibility.” New Sen. Tommy Tuberville of Alabama said Trump is one of the reasons he is in the Senate, so “I’m proud to do everything I can for him.”

Sen. Tom Cotton, R-Ark., is among those who say the Senate does not have the constitutional authority to convict a former president.

Democrats reject that argument, pointing to an 1876 impeachment of a secretary of war who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president as Electoral College votes were being tallied, is necessary.

Senate Majority Leader Chuck Schumer said failing to conduct the trial would amount to a “get-out-jail-free card” for others accused of wrongdoing on their way out the door. He said there’s only one question “senators of both parties will have to answer before God and their own conscience: Is former President Trump guilty of inciting an insurrection against the United States?”

A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump.

Mitt Romney of Utah said he believes “what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense. … If not, what is?” Romney was the only Republican senator to vote for conviction when the Senate acquitted Trump in his first impeachment trial.

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Associated Press writer Hope Yen contributed to this report.

By MARY CLARE JALONICK and LISA MASCARO

WASHINGTON (AP) — As the House prepares to bring the impeachment charge against Donald Trump to the Senate for trial, a growing number of Republican senators say they are opposed to the proceeding, dimming the chances that former president will be convicted on the charge that he incited a siege of the U.S. Capitol.

House Democrats will carry the sole impeachment charge of “incitement of insurrection” across the Capitol late Monday evening, a rare and ceremonial walk to the Senate by the prosecutors who will argue their case. They are hoping that strong Republican denunciations of Trump after the Jan. 6 riot will translate into a conviction and a separate vote to bar Trump from holding office again.

But instead, GOP passions appear to have cooled since the insurrection. Now that Trump’s presidency is over, Republican senators who will serve as jurors in the trial are rallying to his legal defense, as they did during his first impeachment trial last year.

“I think the trial is stupid, I think it’s counterproductive,” said Sen. Marco Rubio, R-Fla.. He said that “the first chance I get to vote to end this trial, I’ll do it” because he believes it would be bad for the country and further inflame partisan divisions.

Trump is the first former president to face impeachment trial, and it will test his grip on the Republican Party as well as the legacy of his tenure, which came to a close as a mob of loyal supporters heeded his rally cry by storming the Capitol and trying to overturn Joe Biden’s election. The proceedings will also force Democrats, who have a full sweep of party control of the White House and Congress, to balance their promise to hold the former president accountable while also rushing to deliver on Biden’s priorities.

Arguments in the Senate trial will begin the week of Feb. 8. Leaders in both parties agreed to the short delay to give Trump’s team and House prosecutors time to prepare and the Senate the chance to confirm some of Biden’s Cabinet nominees. Democrats say the extra days will allow for more evidence to come out about the rioting by Trump supporters, while Republicans hope to craft a unified defense for Trump.

Sen. Chris Coons, D-Del., said in an interview with The Associated Press on Sunday that he hopes that evolving clarity on the details of what happened Jan. 6 “will make it clearer to my colleagues and the American people that we need some accountability.”

Coons questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a “stunning violation” of tradition of peaceful transfers of power.

“It is a critical moment in American history and we have to look at it and look at it hard,” Coons said.

An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. Still, the mounting Republican opposition indicates that many GOP senators would eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him.

When the House impeached Trump on Jan. 13, exactly one week after the siege, Sen. Tom Cotton, R-Ark., said he didn’t believe the Senate had the constitutional authority to convict Trump after he had left office. On Sunday, Cotton said “the more I talk to other Republican senators, the more they’re beginning to line up” behind that argument.

“I think a lot of Americans are going to think it’s strange that the Senate is spending its time trying to convict and remove from office a man who left office a week ago,” Cotton said.

Democrats reject that argument, pointing to a 1876 impeachment of a secretary of war who had already resigned and to opinions by many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president who told them to “fight like hell” against election results that were being counted at the time, is necessary so the country can move forward and ensure such a siege never happens again.

A few GOP senators have agreed with Democrats, though not close to the number that will be needed to convict Trump.

Sen. Mitt Romney, R-Utah, said he believes there is a “preponderance of opinion” that an impeachment trial is appropriate after someone leaves office.

“I believe that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offense,” Romney said. “If not, what is?”

But Romney, the lone Republican to vote to convict Trump when the Senate acquitted the then-president in last year’s trial, appears to be an outlier.

Sen. Mike Rounds, R-South Dakota, said he believes a trial is a “moot point” after a president’s term is over, “and I think it’s one that they would have a very difficult time in trying to get done within the Senate.”

On Friday, GOP Sen. Lindsey Graham of South Carolina, a close Trump ally who has been helping him build a legal team, urged the Senate to reject the idea of a post-presidency trial — potentially with a vote to dismiss the charge — and suggested Republicans will scrutinize whether Trump’s words on Jan. 6 were legally “incitement.”

Senate Republican leader Mitch McConnell, who said last week that Trump “provoked” his supporters before the riot, has not said how he will vote or argued any legal strategies. The Kentucky senator has told his GOP colleagues that it will be a vote of conscience.

One of House Speaker Nancy Pelosi’s nine impeachment managers said Trump’s encouragement of his loyalists before the riot was “an extraordinarily heinous presidential crime.”

Rep. Madeleine Dean, D-Pennsylvania., said “I mean, think back. It was just two-and-a-half weeks ago that the president assembled a mob on the Ellipse of the White House. He incited them with his words. And then he lit the match.”

Trump’s supporters invaded the Capitol and interrupted the electoral count as he falsely claimed there was massive fraud in the election and that it was stolen by Biden. Trump’s claims were roundly rejected in the courts, including by judges appointed by Trump, and by state election officials.

Rubio and Romney were on “Fox News Sunday,” Cotton appeared on Fox News Channel’s “Sunday Morning Futures” and Romney also was on CNN’s “State of the Union,” as was Dean. Rounds was interviewed on NBC’s “Meet the Press.”

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Associated Press writer Hope Yen contributed to this report.