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Feb. 10 updates for impeachment trial Day 2: House Democrats present evidence in Senate

House impeachment managers showed new security footage of the violence at the Capitol riot during second day of trial.
Image: Illustration shows former President Donald Trump collaged with paper cut outs of Senators Chuck Schumer and Mitch McConnell with red strips reading "high crimes" and other phrases.
Chelsea Stahl / NBC News

House Democrats showed "chilling" new video and security footage Wednesday during the second day of former President Donald Trump's impeachment trial.

Audio of police dispatchers and video of the violence from Jan. 6, some of which had not previously been released publicly, detailed a nearly minute-by-minute account of what happened once the Capitol was breached by a mob. In the new security video, congressional staffers can be seen running for their lives and barricading themselves inside offices to escape the rioting mob.

Before that, House managers used particularly incendiary tweets from Trump, going as far back as July, to make their case of how he incited the riot at the Capitol.

The Senate voted to proceed with the trial on Tuesday after hearing about four hours of debate on the constitutionality of impeaching a former federal official. Trump was impeached for the second time last month for his role in the riot at the Capitol.

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Read the latest updates below:

Live Blog

FIRST READ: Trump's second impeachment trial is underway and the verdict is already in

After yesterday’s harrowing 13-minute video presentation, after hearing about the precedent and the Founders’ intentions, and after a widely panned defense presentation, only six Republican senators voted that Donald Trump’s impeachment trial is constitutional.

Those six GOP senators (out of 50) joined the 10 House Republicans (out of 211) who voted to impeach the former president in January, as well as the 11 House Republicans (out of 211) who voted to strip Rep. Marjorie Taylor Greene’s, R-Ga., committee assignments last week.

The unmistakable conclusion: Trump and Trumpism have won the GOP’s civil war — even after Trump’s defeat in November, after the party lost control of the U.S. Senate, and after what happened on Jan. 6.

Get more First Read.

Georgia secretary of state's office opens inquiry into Trump phone call

Georgia Secretary of State Brad Raffensperger's office has opened an investigation into former President Trump's Jan. 2 phone call urging Raffensperger to overturn the state's election results.

"All I want to do is this: I just want to find 11,780 votes, which is one more than we have. Because we won the state," Trump told Raffensperger in the phone call, which is expected to play a prominent role in Trump's impeachment trial this week.

In a statement last month, Fulton County District Attorney Fani Willis described the call as "disturbing" and left the door open for an investigation.

"Anyone who commits a felony violation of Georgia law in my jurisdiction will be held accountable. Once the investigation is complete, this matter, like all matters, will be handled by our office based on the facts and the law," Willis said then.

Read more about the call here.

Legal scholar chides Trump impeachment defense for misrepresenting his writings

A legal scholar who believes former officials can be the subject of impeachment and trial by the Senate said Tuesday that former President Trump's legal team has repeatedly mischaracterized his findings.

Brian Kalt, a professor at Michigan State University's College of Law, said the Trump legal brief submitted to the Senate on Monday "ranges from sloppy to disingenuous" in its citations to his 2001 law review article that concluded the Senate has the authority to impeach former officials.

Kalt's 124-page article spelled out the arguments on both sides of the question.

"There is plenty in there for them to use. The problem was that they did not cite accurately," he told NBC News as the Senate prepared to begin considering the issue.

Read more here.

Trump said to be extremely displeased with his legal team's first showing

Former President Donald Trump is extremely displeased about his legal team’s first showing at the Senate impeachment trial, according to three sources familiar with his thinking. He was especially disappointed with Bruce Castor’s meandering performance and wasn’t completely sold on David Schoen either, the sources said.

Trump, who watched and fumed from his Mar-a-Lago club, is expecting a more compelling appearance from the defense later in the week, one source said. 

In response to questions about Tuesday’s change in strategy, Castor told NBC News that his game-time decision to alter the plan was “not that complicated” and argued that he didn’t want to let Schoen follow the House impeachment managers’ case with a “dry” legal argument.

“I suggested at the break that I try to bring the room back from the ‘horrors’ the Ds tried to show that did not pertain to jurisdiction. It was a unanimous decision on our side for me to try to do so,” Castor added. He declined to comment directly on the widespread criticism of his remarks. 

Castor also said his goal was to “lower the temperature” and believed he was successful. “I was not trying to be scholarly, just informative. We will be scholarly later,” Castor said. 

Trump lawyer defends Castor, who was criticized for defense's opening remarks

Trump defense attorney David Schoen defended fellow team member Bruce Castor, who was criticized for his opening statement in the former president's defense during the first week of the impeachment trial, in a Fox News interview Tuesday night. 

Sean Hannity told Schoen that he found fellow lawyer Castor’s introductory performance “free-associating, extemporaneous, somewhat meandering,” and asked whether we can expect the Trump team’s response on Friday and Saturday to be “more focused and … more prepared.” 

Schoen said the team will be “very well prepared in the future.” 

"They seem to be very capable people," Schoen said of Castor's law firm. "Today, he hadn't planned on going. And so, I'm sure that they'll be very well prepared in the future, and do a great job in the case.”

Trump never conceded he lost, but his impeachment lawyer did

One of the lawyers heading former President Donald Trump’s defense at his second impeachment trial did what Trump himself has not: conceded Joe Biden won the presidential election. 

In opening remarks Tuesday, lawyer Bruce Castor said: “The American people just spoke, and they just changed administrations.” He added that Americans are "smart enough to pick a new administration if they don’t like the old one, and they just did.”

The comments by Castor, a former county prosecutor in Pennsylvania, were a surprising contrast to Trump's defiance. The former president repeatedly disputed the results of the election, falsely claiming he won in a “landslide.” And he kept up the baseless claims through the end of his presidency, including during a speech at a rally that preceded the Jan. 6 riot at the Capitol, which set in motion his trial on a charge of incitement of insurrection.

Castor acknowledged more than once that Trump lost the election. Trump, for his part, never acknowledged his departure was the voters' will. While Vice President Mike Pence called his successor, Kamala Harris, to offer his congratulations, Trump made no similar call to Biden.

Who are Trump's impeachment lawyers?

Former President Donald Trump's impeachment legal team is comprised of a team of veteran lawyers, but none of them have ever been involved in a case quite like this.

While Trump's first impeachment trial featured prominent names such as former Whitewater prosecutor Ken Starr, former Florida Attorney General Pam Bondi and longtime Harvard Law professor Alan Dershowitz, Trump's current team has less name recognition, but decades of legal experience under their belts - and some familiarity with controversial clients.

Here's a look at Trump's legal team:

David Schoen is a civil and criminal defense lawyer who previously represented Trump adviser Roger Stone, whom Trump granted a full pardon during his final weeks in office. 

Bruce Castor is a former acting attorney general and state solicitor general in Pennsylvania, where he also served two terms as Montgomery County District Attorney. He had a string of successful prosecutions as D.A. but is best known for a case he declined to prosecute — a sexual assault case against comedian and actor Bill Cosby in 2005.

Michael Van der Veen is a Philadelphia-based personal injury and criminal defense lawyer. He founded the firm where Bruce Castor also works.

Julieanne Bateman is the youngest member of Team Trump, Bateman also works at van der Veen's firm. She is a former prosecutor at Pennsylvania's Franklin County District Attorney's office.