WASHINGTON – Sen. Ben Sasse of Nebraska was one of five Senate Republicans who did not vote in favor to dismiss Donald Trump’s second impeachment trial Tuesday.

The trial is scheduled to move forward the week of Feb. 8 after a 55-45 vote supporting the proceedings, but with 45 GOP senators, including fellow Nebraskan Deb Fischer, voting to dismiss, it appears a conviction is unlikely.

The vote was in response to an effort brought forward by Republican Sen. Rand Paul of Kentucky in which he declared the looming trial unconstitutional. Joining Sasse in rejection the motion were Mitt Romney (Utah), Susan Collins (Maine), Lisa Murkowski (Alaska) and Pat Toomey (Pennsylvania), in addition to all 50 Senate Democrats.

Conviction on the charges of incitement of insurrection would require the support of all Democrats and 17 Republicans, or two-thirds of the Senate — far from the five Republicans who voted with Democrats Tuesday to allow the trial to proceed.

Senate Republican Leader Mitch McConnell, who has said Trump “provoked” the riots and indicated he is open to conviction, voted with Paul to move toward dismissing the trial.

Democrats rejected the argument that the trial is illegitimate or unconstitutional because Trump is no longer in office, pointing to an 1876 impeachment of a secretary of war who had already resigned and to the opinions of many legal scholars.

“It makes no sense whatsoever that a president, or any official, could commit a heinous crime against our country and then defeat Congress’ impeachment powers — and avoid a vote on disqualification — by simply resigning, or by waiting to commit that offense until their last few weeks in office,” said Senate Majority Leader Chuck Schumer.