Republican Sen. Marco Rubio has set the tone by calling the second impeachment of former President Donald Trump “arrogant.” This move comes as Capitol police investigate the possibility of renewed violence leading up to the upcoming Senate trial.

Senate Majority Leader Chuck Schumer pledged last week to bring articles of impeachment against the former president to the Senate floor on Monday. Trump was charged with inciting an insurrection in the House of Representatives in his final days in office after his supporters stormed the Capitol building on Jan. 6.

If convicted in the Senate, Trump would be barred from holding public office again. Appearing on “Fox News Sunday,” Rubio, a Florida Republican, said the proposed penalty was excessive.

“I think that's an arrogant statement for anyone to make. Voters get to decide that,” he said, as reported by Politico. “Who are we to tell voters who they can vote for in the future?”

Section 3 of Article 14 of the Constitution, drafted after the American Civil War, bars someone from holding any office, civilian or military, if they “engaged in insurrection or rebellion” against the country.

Ten Republicans crossed party lines to convict Trump in the House, but his fate is unclear in an increasingly divided Senate. Many Republicans, including Sen. Ted Cruz of Texas and Sen. Josh Hawley of Missouri, are still betting on Trump’s popularity by adhering to his politics. Others, such as Sen. Mitt Romney, R-Utah, have expressed support for the hearing in the Senate, suggesting the party is splitting along ideological lines.

Democrats hold a narrow majority in the Senate. To convict the former president, 17 Republicans would need to cross party lines in the 100-seat chamber.

Citing a U.S. official speaking on condition of anonymity, the Associated Press reports law enforcement personnel are prepping for possible violence in Washington D.C. the week of Feb. 8, when the Senate trial is expected to begin. Violence on Jan. 6 coincided with a vote to certify the results of the Electoral College that confirmed Trump's loss to now-President Joe Biden.

The AP said federal officials are also investigating several threats made against members of Congress.

Trump is the first president to be impeached twice. He is also the first person to face an impeachment investigation in the Senate while out of office.

A protester carries a sign calling for Congress to impeach President Donald Trump near the US Capitol A protester carries a sign calling for Congress to impeach President Donald Trump near the US Capitol Photo: AFP / Andrew CABALLERO-REYNOLDS