WASHINGTON (Nexstar) — The second impeachment trial of former President Donald Trump begins Tuesday. But Trump’s lawyers filed new briefs on Monday arguing, again, the article of impeachment should be dismissed because it’s unconstitutional.

They argue that because he is no longer in office the impeachment trial is nothing but political theater and should be tossed out. Republican Sen. Lindsay Graham agrees with that.

“I’m ready to end the impeachment trial because I think it is blatantly unconstitutional,” Graham said.

It’s expected the Senate will vote Tuesday on the impeachment trial’s constitutionality. Democrats likely have the votes to move forward.

“Truth and accountability is essential,” Senate Majority Leader Chuck Schumer said. “Some people say, ‘Oh, let this go away.’ Oh, no. When something as horrible, as dastardly as what happened on January 6 occurs, you cannot sweep it under the rug.”

House impeachment managers requested Trump testify, but his legal team said that will not happen voluntarily.

It’s still unclear if the House managers will call for any other witnesses or just rely on videos and old tweets to try and prove Trump exhibited a pattern of behavior that incited an insurrection and attack on the US Capitol.

At least a handful of Republicans are expected to vote with Democrats to allow the Senate impeachment trial to move forward.

But it will be much tougher for Democrats to convince 17 Republican senators to convict Donald Trump — which is what will be needed.