The ruling ensures that Trump avoids becoming the first president in American history to be convicted in an indictment. McConnell plans to explain his decision after the final vote, an assistant told CNN.
The Republican leader of the Senate, who is typically with a narrow line, rarely broke away from Trump in his four years as president. But he led the Senate’s certification of the presidential election that the rioters promised to overthrow, and strongly condemned the violence at the Capitol in which he served 36 years.
In a 50-50 Senate, the House of Representatives – who are all Democrats – must persuade 17 Republican senators to join every member of their party to convict Trump. But only five or six indicated that they were willing to do so.
Some of the Trump supporters were dressed in tactical attire, armed with zippers. Others held Trump 2020 flags, smashed windows with poles and erected a gallows for Pence, who was constitutionally obligated to oversee the certification of the election, and the peaceful transfer of power to the Democrats.
But even after having first-hand evidence of the deadly violence at the scene of the alleged crime and being reminded of it again, many Republican senators are concerned about the unprecedented nature of the trial of a former president in a process of indictment.
These Republican senators also argue that Trump’s words can be protected under the First Amendment, noting that he also said in his speech that day “to make your voice heard peacefully and patriotically.” They say the rioters should be held accountable for their actions, but that the former president should not be found guilty on the charge that he incited them.
This story was updated with further development Saturday.
CNN’s Ted Barrett contributed to this report.