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Trump impeachment trial live coverage: Democrats make case for obstruction

In their final day of arguments, House Democrats presented their case alleging Trump obstructed Congress.
Image: Speaker Nancy Pelosi and the House voted to send impeachment articles against President Donald Trump to the Senate, where Majority Leader Mitch McConnell officially received the House managers on Tuesday, Jan. 21, 2020.
Speaker Nancy Pelosi and the House voted to send impeachment articles against President Donald Trump to the Senate, where Majority Leader Mitch McConnell officially received the House managers on Tuesday, Jan. 21, 2020.Chelsea Stahl / NBC News

The Democratic House managers used their final day of arguments on Friday — the fourth full day of President Donald Trump's impeachment trial — to make their case that President Donald Trump obstructed Congress in denying them witness testimony and documents.

Follow us here for all of the latest breaking news and analysis on impeachment from NBC News' political reporters, as well as our teams on Capitol Hill and at the White House.

Highlights from the Senate trial

  • Democrats finished hours of arguments in which managers called Trump a "dictator" and a danger to the nation with a plea to the Senate: "Give America a fair trial, she's worth it," lead House manager Rep. Adam Schiff said.
  • The White House is set to begin laying out Trump's defense Saturday morning.
  • "Get rid of her": A voice appearing to be Trump's is heard on tape demanding Ukraine ambassador Marie Yovanovitch's ouster.
  • Schiff warned his fellow lawmakers that "the next time, it just may be you" who Trump targets.
  • Democratic House manager Rep. Val Demings says the evidence is "pretty painful" for senators.

Download the NBC News mobile app for the latest news on the impeachment inquiry.

Schiff outlines plan for Democratic arguments

Schiff outlined on Wednesday how the House managers plan to present their case. During the day's arguments, senators "will hear the details of the president's corrupt scheme in narrative form, illustrating the timeline of the effort through the testimony of numerous witnesses who came before the House, as well as the documents and materials we collected as evidence during the investigation."

In the following days, Democrats will discuss the constitutional framework of impeachment "as it was envisioned by the founders," Schiff said, adding that they would then "analyze how the facts of the president's misconduct and cover-up lead to the conclusion that the president undertook the sort of corrupt course of conduct that impeachment was intended to remedy."

 

Schiff: Evidence paints ‘overwhelming and damning picture’ of Trump's alleged misconduct

Rep. Adam Schiff, D-Calif., the lead House manager in Trump's impeachment trial, opened the Democratic arguments on Wednesday by telling senators that his team will present evidence that “paints an overwhelming and damning picture of the president's efforts to use the powers of his office to corruptly solicit foreign help in his re-election campaign and withhold official acts and military aid to compel that support."

The Democrats will present their case over several days; Trump’s lawyers then begin their defense.

GOP senator says his colleagues haven't read up on the Trump case

Sen. John Kennedy, R-La., spoke candidly to NBC News on Wednesday about how much attention he thinks his colleagues have been paying as opening arguments kick off:

"If you poll the senators, nine out of 10 will tell you they have not read the transcript of the House hearings and the 10th is lying to you.

"So they are hearing the prosecution's case for the first time, and they're certainly hearing the president's case for the first time."

Schiff launches opening arguments with a case for impeachment over an election

Rep. Adam Schiff, D-Calif., kicked off Democrats’ opening arguments Wednesday by quoting founding father Alexander Hamilton (perhaps the hippest early American thanks to Lin-Manuel Miranda's musical) and articulating his belief that impeachment — and not just an election — is the appropriate way to deal with the president’s alleged actions.

“The House did not take this extraordinary step lightly,” Schiff said. “The president’s misconduct cannot be decided at the ballot box for we cannot be assured the vote will be fairly won.”

Schiff claimed that Trump's solicitation of foreign interference in U.S. elections was a pattern — from "Russia if you're listening" in 2016, to his request for Ukraine to do a "favor" and look into a political rival, former Vice President Joe Biden and his son Hunter Biden — an action at the center of Trump's impeachment — to Trump's request in October for China to investigate the Bidens.

Schumer criticizes Republicans for their handling of the impeachment trial

Sen. Chuck Schumer, D-N.Y., told reporters that there was a "cloud of unfairness" over the Senate impeachment trial after Republicans voted down his amendments to allow evidence and witness testimony.

'It was like sitting on a tractor': Senators' impressions of the impeachment trial so far

Sen. James Inhofe, R-Okla., on Wednesday opined on the marathon proceedings on the Senate floor Tuesday night, saying it was “unnecessary to spend all that time having roll call votes on essentially the same thing,” a reference to the protracted series of votes that went late into the wee morning hours on nearly a dozen Democratic amendments, which failed almost entirely along party lines.

Asked about President Donald Trump's remarks this morning about wanting to attend his own trial, Inhofe said, “That’s not going to happen.”

Trump told reporters at the economic forum in Davos, Switzerland, on Wednesday: "I'd love to go, wouldn't that be great? I'd love to sit in the front row and stare in their corrupt faces."

Sen. Tom Carper, D-Del.,  took the time Wednesday to praise Rep. Adam Schiff, D-Calif., the lead House manager, for his arguments, calling him an “impressive leader.” Carper said the House managers gave a “stellar” performance.

Sen. Jon Tester, D-Mont., who likewise has praised the work of the House impeachment managers, said he didn't think the White House defense team presented a strong case. Asked what it was like sitting on the Senate floor for so long on Tuesday, Tester said, “It was like sitting on a tractor.”

The plans so far for Trump's defense

Opening arguments in the Senate impeachment trial are on track to start today at 1 p.m., with House managers going first. Trump's legal team would be set to deliver their defense starting on Saturday.

Trump's team isn't expected to push back on a Saturday start time, according to multiple sources familiar with the thinking, because there’s a desire to get the trial over with in what they believe will be an acquittal rather than expend political capital on something they’re not too worked up about.

The defense team isn't anticipating the need to use all of their allotted 24 hours, according to a source familiar with the matter. One member of the team, Robert Ray, signaled as much this morning, saying 24 hours is “more than sufficient time” to make the case.

But the team is closely watching the impeachment managers’ opening remarks and will be fluid and flexible in response. If the House Democrats go long, you may see the defense team do something similar. Sources keep stressing the element of unpredictability and are wary of divulging too much by way of strategy in the event things change on the fly.

As for how Trump's team will lay out their arguments, here’s what we know: Multiple sources close to the team say the thinking is White House counsel Pat Cipollone will do the initial opening, where he will address “substantive and constitutional and procedural” positions. Trump lawyer Jay Sekulow will likely go next with an overview from beginning to end on how they got here. Then, you’ll see other members of the defense team — Pam Bondi, Ken Starr, Alan Dershowitz, Ray, etc. — address the points they’ve been brought on to make (Dershowitz and Ray, for example, are expected to make the “threshold” argument that the articles don’t hit the constitutional bar for impeachment).

How's Chief Justice Roberts handling two jobs?

During oral arguments in the Supreme Court on Wednesday morning, Chief Justice John Roberts showed no sign of his late night (after 2 a.m.) across the street, presiding over the Senate impeachment trial of the president. 

At the court, Robert participated in the questioning as usual, kept the argument on track and at one point even showed a flash of humor.

One of the arguing lawyers, faced with nearly two simultaneous questions, said in answering one he would then try to answer the other.

"It is recommended," Roberts said, producing laughter in the courtroom.

(Which says something about what's considered a knee-slapper in the Supreme Court.)

Image: John Roberts
Chief Justice of the United States, John Roberts walks to the Senate chamber at the Capitol on Jan. 16, 2020.Matt Rourke / AP

Trump travels from sunny Swiss retreat back to impeachment storm

President Donald Trump departed the sunny Swiss mountain retreat of the world’s elite in Davos on Wednesday morning for the storm raging in Washington.

After a mostly warm welcome, at least on the surface, from the crowd of business executives, financiers and foreign dignitaries gathered here for the annual economic forum, the president was set to land in Washington as Democrats prepared to make their formal case against him on the floor of the Senate.

For most of his less than 36 hours here, Trump had appeared inclined to keep the topic of impeachment at arm's length, counterprograming the first day of the trial with the image of a president hard at work on the international stage. It will most likely be one of the last times he’ll be able to do so for the next few weeks as the impeachment trial plays out on live television throughout the day and into the evening, consuming news coverage. But impeachment wasn’t far from the president's mind.

Here's more on what Trump thinks about the impeachment trial so far.

Sen. Chris Murphy reveals behind the scenes at the Senate trial

Republicans decline to dismiss charges against Trump

Senate Republicans on Wednesday declined to dismiss the impeachment articles against President Donald Trump.

The GOP had until 9:00 a.m. to file the motion and did not do so.

Such an effort had been considered unlikely to succeed in any event. 

What does Trump think?

President Donald Trump was absolutely engaged in the impeachment proceedings on Tuesday, getting "minute-by-minute" updates, according to Rep. Mark Meadows — one of the president's closest allies and an impeachment team member.

White House legislative affairs head Eric Ueland backed that up, telling NBC's Hill team that the president is "very impressed" with what's been happening on the Hill.

But take all that with a grain of salt: Trump likes to see impressive TV performances, and we have reason to believe that he may have more mixed feelings than what aides are letting on.

Trump says he wants to attend his own trial and 'stare into their corrupt faces'

President Donald Trump said on Wednesday he'd like to see former National Security Adviser John Bolton and other top officials testify at his Senate impeachment trial — but suggested he would block their testimony because it’s a national security risk.

"I would rather interview Bolton. I would rather interview a lot of people. The problem with John is, that it's a national security problem," the president said during an impromptu press conference in Davos, Switzerland. 

Trump also coyly said he’d love to attend his own Senate trial.

"I'd love to go, wouldn't that be great," Trump told reporters. "I'd love to sit in the front row and stare in their corrupt faces."

READ the full story here.

One senator took a bathroom break at the worst time. Giggles ensue.

The last hour before the Senate adjourned early Wednesday morning was filled with stretching, clapping, chatting, yawning. And an ill-timed call from Mother Nature. 

The same cast of Republican senators remained chatty until the very end, including Sens. Perdue, R-Ga., Tim Scott, R-S.C., and Ben Sasse, R-Neb. Some Democrats grew talkative as well, with 2020 candidates Klobuchar and Warren standing off to the side in conversation. Sanders stood on his own stretching his legs a few rows down.

But others…definitely sleepy.

Sen. Murray, D-Wash., nudged Sen. Feinstein, D-Calif., to pay attention when her name was called during the 11th amendment roll call. Sen. Alexander came back from the cloakroom to find Sen. Rand Paul accidentally in his seat. Many senators ended up standing — although McConnell had asked them to remain seated — to keep themselves from slumping in their chairs.

Sen. Martin Heinrich, D-N.M., took a bathroom break at the wrong time, during the vote on the rules resolution — the last vote before the Senate adjourned.

During his absence, McConnell was standing and waiting at his podium. Schumer and fellow Democrats were giggling. Moments later, Sen. Manchin, D-W.Va., emerged from the cloakroom and said "one minute" to more giggles from Democrats. Finally, when Heinrich re-entered the chamber to cast his vote, which meant adjournment was imminent, Democrats and Republicans cheered and clapped.

Heinrich looked pretty uncomfortable.

When the Senate adjourned after nearly 13 hours, senators dashed off of the floor. Aides had senators’ coats and belongings ready to go for hours in the Senate reception room where many waited for their members.

Senate passes McConnell impeachment rules after nearly 13 hours of debate

The Senate passed Majority Leader Mitch McConnell's resolution laying out a blueprint for President Donald Trump's impeachment trial along party lines early Wednesday after a daylong back-and-forth between House prosecutors and lawyers for the White House.

The Republican majority had earlier voted down several amendments proposed by Senate Minority Leader Chuck Schumer, D-N.Y., to subpoena documents and call witnesses.

The vote came just before 2 a.m. Wednesday and after Rep. Jerry Nadler, D-N.Y., suggested senators were voting for a "cover-up," something that drew sharp responses from the president's legal counsel.

Senators prepare to vote on McConnell plan after last amendment fails

The Senate voted 53-47 to table the 11th amendment.

Senators will now vote on the final passage of McConnell's organizing resolution.

OMB releases 192 pages of Ukraine-related documents to watchdog group

Just before midnight, the White House Office of Management and Budget released a trove of Ukraine-related documents, "including records that have not been produced to Congress in its impeachment investigation," the watchdog group American Oversight said. 

American Oversight obtained the records as part of a number of Freedom of Information Act requests.

"We have an email from the night before the call with the president of Ukraine saying they were drafting the footnote to put that hold in place," Austin Evers, the group's executive director, told MSNBC's Ali Velshi. "So, again, this is black-and-white evidence of the machinations that the president was putting the entire government through to execute his corrupt scheme."

Many of the documents are so redacted as to render them unreadable, according to an initial NBC News review. The pages include emails and letters from several GOP lawmakers and staffers asking for an explanation of the withheld Ukraine aid.

In addition, there are emails from OMB's acting director, Russell Vought, and associate director of national security programs, Michael Duffey, on the morning of Trump’s call with Ukrainian President Volodymyr Zelenskiy on July 25.

First GOP defection: Collins breaks with party to vote for a Schumer amendment

As expected, Schumer's 10th amendment failed. Unlike with the previous nine amendments, however, the vote did not come down exactly along party lines. Susan Collins of Maine became the first Republican defection of the day, and the amendment was killed, 52-48.

The amendment was to allow senators more time to file responses to motions.

Collins, a moderate Republican who is up for re-election this year, is considered one of the most likely in her party to vote to call witnesses and hear new evidence. She had also pushed McConnell on Tuesday to soften the rules in his proposed blueprint for the trial.

Watch: Sekulow, Nadler trade blows over executive privilege

We're in the home stretch

Schumer's office says there are just two amendments left. After those amendments are finished, the Senate will vote on final passage.

Amendment 9 was tabled at about 1:18 a.m. 

The 10th amendment is to allow adequate time for parties to respond.

Trump has tweeted or retweeted over 40 times since 6 a.m. Switzerland time

DAVOS, Switzerland — It's just after 7 a.m. here in Davos, and Trump appears to be up and tweeting.

By an NBC News count, he has tweeted or retweeted more than 40 times since just before 6 a.m. local (midnight ET.) Many are retweets of the National Republican Senatorial Committee, as well as various Republican lawmakers.

Chief Justice Roberts admonishes both sides, flashes back to 1905

Chief Justice John Roberts, who has presided over hours of proceedings, took a moment to rebuke both sides after things got testy between House impeachment manager Jerry Nadler and Trump attorney Jay Sekulow. 

"I think it is appropriate at this point for me to admonish both the House managers and the president's counsel in equal terms to remember that they are addressing the world's greatest deliberative body. One reason it has earned that title is because its members avoid speaking in a manner and using language that is not conducive to civil discourse," Roberts said.

"In the 1905 Swayne trial, a senator objected when one of the managers used the word 'pettifogging,'" he added, referring to Charles Swayne, a judge who was impeached in 1904 and acquitted by the Senate in 1905. "And the presiding officer said the word ought not to have been used. I don't think we need to aspire to that high a standard but I do think those addressing the Senate should remember where they are."

 

Schumer's 9th amendment would pave way for new witnesses, evidence

After the Bolton amendment met its demise, Schumer introduced his ninth amendment. It calls for a Senate vote on any motion to subpoena witnesses and documents.

McConnell's rules resolution includes a provision that says there will be a vote only on whether it would be in order for the Senate to vote on motions to subpoena witnesses and documents. To get to actual votes on witnesses and documents, this amendment would have to pass first.

Schumer's latest amendment would eliminate that obstacle and provide for a vote on any motion to subpoena witnesses and documents after the question period. 

Nadler rips Trump's 'absolute immunity' defense as debate gets heated

Rep. Jerry Nadler, D-N.Y., arguing in support of an amendment that would have the Senate subpoena former national security adviser John Bolton, blasted a defense cited by Trump's legal team as well as Trump's attorneys in courtrooms across the country: absolute immunity. 

"Obviously, this is ridiculous. It's been flatly rejected by every federal court to consider the idea. It's embarrassing the president's counsel would talk about this today," Nadler said of the strategy before turning a critical eye to the senators before him.

"The president is on trial in the Senate, but the Senate is on trial in the eyes of the American people. Will you vote to allow all the relevant evidence to be presented here? Or will you betray you pledge to be an impartial juror?" Nadler said.

"Will you bring Ambassador Bolton here? Will you permit us to present you with the entire record of the president's misconduct? Or will you instead choose to be complicit in the president's cover-up? So far, I'm sad to say I see a lot of senators voting for a cover-up, voting to deny witnesses, an absolutely indefensible vote, obviously a treacherous vote." 

Trump attorney Pat Cipollone said it was Nadler who should be embarrassed. 

"The only one who should be embarrassed, Mr. Nadler, is you for the way you've addressed this body. This is the United States Senate. You're not in charge here," Cipollone shot back.

Trump's legal team has argued that White House aides have "absolute immunity" to ignore congressional subpoenas, and many did so during the House's impeachment inquiry. But the argument has been rebuffed in court.

A federal judge ruled in November that former White House counsel Don McGahn must obey a subpoena for testimony issued by the House Judiciary Committee, writing in her ruling: "With respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist." 

'A drug deal': What Bolton could tell Congress about Ukraine affair

John Bolton, Trump's former national security adviser, had a front-row seat to the White House's Ukraine dealings, including the decision to withhold military aid. 

Fiona Hill, Trump's former top Russia expert, testified that Bolton was so disturbed by the administration's effort to persuade Ukraine to investigate Trump's political opponents that he called it a "drug deal" and wanted to alert White House lawyers. Hill also testified that Bolton, who was her boss, called Trump's personal attorney Rudy Giuliani, who was heavily involved in the Ukraine pressure campaign, a "hand grenade."

Bolton, who left his post on poor terms with the president, announced this month that he is willing to testify in the Senate impeachment trial if subpoenaed

Highly anticipated Bolton amendment arrives

The seventh amendment was tabled along party lines, just like the six before it.

And now the moment everyone has been waiting for: a subpoena for John Bolton's testimony.

Bolton, Trump's former national security adviser, did not testify during the House impeachment inquiry, saying at the time that he would fight a subpoena. However, he has since walked back that stance and said he would testify if subpoenaed. The administration has indicated that Trump is likely to try to block it.

Bolton is a key impeachment witness, as he was privy to much of the administration's Ukraine efforts. In particular, he had raised concerns about Rudy Giuliani's role in shaping Ukraine policy.

Where'd everybody go?

There were around 36 empty seats on the Senate floor as Rep. Sylvia Garcia, D-Texas, spoke, meaning the chamber was about a third vacant. Some of the notable absences included Bernie Sanders, I-Vt.,; Amy Klobuchar, D-Minn.; Ben Sasse, R-Neb.;  and Lindsey Graham, R-S.C. Some senators eventually began to trickle back in, including several who remained standing to stretch their legs.

As Garcia continued, most Republicans had their hands in their laps and were not reading or taking notes, except for Republicans Cory Gardner of Colorado and Chuck Grassley of Iowa, who were constantly flipping through binders and reading material and taking notes. Among the Democrat, Tim Kaine of Virginia and Elizabeth Warren of Massachusetts were very focused on note-taking. Dianne Feinstein of California was also flipping through her large briefing book and notes.

The House managers were all reading or watching Garcia as she spoke while Trump's defense team sat huddled, passing a note among themselves and chatting. When Trump attorney Pam Bondi took the floor, the Republican side of the room seemed to re-engage and listen a little more intently. The House managers and Intelligence Committee staffers shook their heads when she attacked them personally; then they huddled to chat. While Bondi was speaking, Trump's defense team listened closely and watched her, and when she sat back down, the team nodded approvingly and smiled. 

Sekulow objects ... to the brevity of Schumer's latest amendment?

Jay Sekulow, one of Trump's attorneys, made an odd assertion about the length of the amendment to the rules currently under debate, which, as Schumer promised, is indeed brief.

"The idea that you can cure constitutional defects in three paragraphs doesn't pass constitutional muster," Sekulow said.

The majority of the amendments to the Constitution, including all 10 in the Bill of Rights, are written in three paragraphs or fewer.

Republicans get restless; Schiff says it's 'not our job' to make this easy

A bit earlier, when impeachment manager Jason Crow, D-Colo., was arguing for an amendment to subpoena the Defnse Department for documents related to the freeze on aid to Ukraine, some Republicans appeared to have lost patience. 

Republicans were fidgety and chatty on their side of the aisle, while Democrats appeared more serious and definitely not as talkative with their neighbors. Schumer remained in conversation with his aide throughout the presentations, while McConnell sat stone-faced and silent for the most part. During the defense's presentation, when White House attorney Patrick Philbin remarked that Democrats were spending the day arguing when to call witnesses and not whether they would, McConnell was visibly chuckling in his seat — as Schumer smirked.

When Schiff took the floor and said, "Senators, I'll be brief," Republicans audibly sighed and groaned. 

"Yeah, we're making it hard for you. We're making it hard for you to say no," Schiff said. "We're making it hard for you to say, 'I don't want to hear from these people, I don't want to see these documents.' We're making it hard. It's not our job to make it easier for you. It's our job to make it hard to deprive the American people of a fair trial."

Schumer casts wide net with 7th amendment but insists 'it's short'

Per Schumer's office, the seventh amendment would require that if, during the impeachment trial, any party seeks to admit evidence that has not been submitted as part of the House record and that was subject to a duly authorized subpoena, that party shall also provide the opposing party all other documents responsive to that subpoena.

Schumer's amendment to subpoena two OMB officials fails

The sixth amendment introduced by Senate Democrats, to subpoena testimony from Robert B. Blair and Michael P. Duffey, two White House Office of Management and Budget officials with direct knowledge of the Ukraine aid freeze, was killed along party lines.

Schumer's not done, but McConnell announces a five-minute break.

Democratic senator throws cold water on Biden testimony

Sen. Chris Coons, D-Del., threw cold water on suggestions that Democrats agree to subpoena former Vice President Joe Biden and his son, Hunter, in exchange for testimony from former national security adviser John Bolton.

This comes as other Democrats, including Sherrod Brown of Ohio, have indicated that they would be open to letting Republicans call Hunter Biden, who sat on the board of the embattled Ukrainian gas company Burisma while his father, as vice president, was pushing to oust Ukraine's top prosecutor, which is at the center of the impeachment inquiry. Trump asked Ukrainian President Volodymyr to look into the Bidens during a phone call in July. 

But others, including Coons, have argued that testimony from the Bidens would be a distraction and could add fodder to a baseless conspiracy. There has never been evidence that either Biden behaved improperly.

Why Democrats keep introducing doomed amendments

Despite multiple amendments for additional witnesses failing along party lines, Democrats have continued to push for additional subpoenas for witnesses and documents, causing the proceedings to go late into the night.

NBC News' Leigh Ann Caldwell explains.

Amendment 5 fails; Schumer introduces another to subpoena two White House officials

Schumer's fifth amendment, to subpoena certain Defense Department documents and records, was killed like all the others, 53-47, along party lines.

Schumer immediately introduced an amendment for the Senate to issue subpoenas for the testimony of two White House officials, Robert Blair and Michael Duffey.

Rep. Sylvia Garcia of Texas, the House manager rising in support of the amendment, argued that Blair and Duffey must appear as witnesses because they "operated the machinery of the executive branch ... and executed Trump's order" to freeze the aid to Ukraine. The pair had defied subpoenas from House impeachment investigators. 

"They stood at the center of this tangled web," she said.

Crow argues Pentagon documents will further prove Trump-Ukraine scheme

Rep. Jason Crow, D-Colo., argued on behalf the impeachment managers in favor of Schumer's amendment to subpoena the Defense Department for certain records related to the freeze on military aid to Ukraine. 

He cited the testimony of Laura Cooper, the top Pentagon official overseeing U.S. policy toward Ukraine, as one reason those documents would shed additional light on whether Trump improperly withheld military aid for Ukraine as leverage to compel Ukraine to launch politically advantageous investigations. 

In a public hearing in November, Cooper explained how and when she became aware of the hold on the aid and said she had recently learned of the existence of multiple emails that had been sent to her office (but that she hadn't received). The emails pertained to questions she had been asked during her deposition in October about whether she knew if the Ukrainians had known about the hold or had asked any questions about it. 

Cooper said her staff later showed her two unclassified emails from the State Department. They were sent two hours apart on the afternoon of July 25. The first, Cooper said, showed that Ukraine's embassy was "asking about the security assistance," and the second suggested that "Hill knows about the [aid freeze] situation." Fiona Hill is Trump's former top Russia adviser.

The Pentagon had previously defied a subpoena from House impeachment investigators for information and documents related to the aid freeze.

Trump's defense team argued that Democrats were jumping the gun by pushing for additional documents and witnesses at this stage, saying McConnell's rules allow for the issue to be decided later, after both sides have presented their arguments. 

"We're not here to make it easy for you," Schiff responded.

We're back and debating Schumer's amendment to subpoena Pentagon records

If that short break was used to try to reach a deal to move the proceedings along, it appears it didn't work.

McConnell resumed the trial, and then Schumer immediately introduced his fifth amendment, which seeks to subpoena certain Defense Department documents and records. 

They will go into up to two hours of debate on the amendment. Several senators looked tired an hour ago, as Jeffries made the case for why Mulvaney should be called as a witness.

As Jeffries spoke, some senators appeared to be eating snacks. A few chatted quietly. Most watched the screens as the videos were played, although a few looked around the room and up at the galleries. 

As the clock approached 9 p.m., a few senators rested their heads against their hands as they sat listening, and Senate pages walked through the room refilling water glasses.

McConnell asks Schumer to speed things along after another amendment gets killed

The fourth Schumer amendment, to call Mulvaney as a witness, was defeated along party lines, 53-47 — just like the previous three. 

McConnell, after remarking that he had observed a "certain similarity of all of these amendments," asked Schumer whether he would be willing to stack the votes on the remaining Democratic amendments into one to speed the evening along. Schumer did not agree and told him he would be willing to hold amendment votes Wednesday if senators wanted to go home now. 

"The bottom line is very simple," Schumer said. "As has been clear to every senator in the country: We believe witnesses and documents are extremely important and a compelling case has been made for them. We will have votes on all of those. We will also — the leader, without consulting us made changes, a number of significant changes that significantly deviated from the 1999 Clinton resolution. We want to change those. So there will be a good number of votes."

McConnell put the trial into a quorum call, or a break — but moments later, the trial resumed with the reading of Schumer amendment No. 5 into the record. 

Mulvaney was 'crucial' in planning the Ukraine scheme, Jeffries says

Rep. Hakeem Jeffries, D-N.Y., one of the seven House managers and the chairman of the House Democratic Caucus, argued in favor of the Democratic amendment that calls for a subpoena of acting White House chief of staff Mick Mulvaney. 

Mulvaney, who also leads the Office of Management and Budget, played a key role in the president's efforts to freeze nearly $400 million in U.S. security assistance to Ukraine and withhold a White House meeting.

"Based on the extensive evidence that the House did obtain, it is clear that Mulvaney was crucial in planning the scheme, executing its implementation and carrying out the cover-up," said Jeffries. 

"Emails and witness testimony show that Mr. Mulvaney was 'in the loop' on the president's decision to explicitly condition a White House meeting on Ukraine's announcement of investigations beneficial to the president's re-election prospects," he added. "He was closely involved in implementing the president's hold on a security assistance, and subsequently admitted that the funds were being withheld to put pressure on Ukraine."

Mulvaney is one of four witnesses that Senate Minority Leader Chuck Schumer, D-N.Y., would like the Senate to subpoena. The House issued a subpoena compelling Mulvaney's testimony during the impeachment inquiry last year but he defied it at the direction of the White House. 

ANALYSIS: Why Trump's defense was looking shaky on Day 1

President Donald Trump's defense failed him at the opening of his Senate impeachment trial Tuesday.

Senate Majority Leader Mitch McConnell, R-Ky., had one job. He just had to collect 51 votes for the trial rules he had written, in close consultation with White House officials, to deliver Trump an acquittal quickly, quietly and with as few surprises as possible.

He couldn't do it.

The other half of Trump's squad, his legal team, chose not to defend his actions with a cogent explanation for them. Rather than rebutting hours of evidence presented by House Democratic impeachment managers, White House lawyers opted to repeat Trump's attacks on the process and the disjointed set of rejoinders he's delivered to Democrats in public.

Read more of the analysis here.

So what does Trump think about the trial today?

SO WHAT DID PRESIDENT TRUMP THINK OF TODAY? He was absolutely engaged in the impeachment proceedings today, getting "minute-by-minute" updates on the process, according to Rep. Mark Meadows, one of the president’s closest allies and an impeachment team member. Legislative Affairs head Eric Ueland backed that up, telling reporters that the president is "very impressed" with what’s been happening on the Hill. But take all that with a grain of salt: the president likes to see impressive TV performances, and we have reason to believe that he may have more mixed feelings than what aides are letting on. And the president is also someone who likes to gauge the reviews so his opinion may end up shaped by the tone from his preferred cable news shows. (An early guide: Sean Hannity, in his opener, is adopting a bored affect and introducing the network’s Congressional correspondent as someone who’s been "suffering through a lot of this tediousness.")

WILL THE PRESIDENT’S DEFENSE TEAM FILE A MOTION TO DISMISS BY 9AM WEDNESDAY? It’s possible, but the chances seem less-than-likely. Ueland didn’t shut the door on it tonight, but Sen. Ted Cruz of Texas sounded more definitive, telling reporters he believes a motion to dismiss is unlikely: it’s "not nearly as good an outcome for the president and for the country as will be a final judgment on the merits." Again, it’s kind of a moot point regardless since Senate Republicans don’t think there are the votes to support such a motion.  

IS THE DEFENSE GOING TO PUSH BACK ON THE APPARENT SATURDAY START FOR THEIR OPENING? Seems doubtful. Two sources familiar with the thinking suggest it’s not likely the White House team will put up much of a fight on the expected Saturday start to opening arguments (that’s if House managers take up their allotted three days.) That’s subject to change, as always. But weekend arguments would, in theory, let the president’s defenders get in their first word before the Sunday political talk shows, and then have a weekday audience for the rest of their arguments Monday and, if needed, Tuesday. 

Schumer and McConnell a study in contrasts

As Rep. Adam Schiff spoke on the floor, Sen. Chuck Schumer smiled and laughed while talking to the aides seated next to him — a strikingly different demeanor from Majority Leader Mitch McConnell’s stoic posture across the aisle. 

In a brief moment of bipartisanship, Sen. Patrick Leahy, D-Vt., walked over to the Republican side behind the last row of senators. As he was passing by Sen. Ben Sasse, R-Neb., he crouched down and the two chatted and laughed briefly. A packet of gum was being passed around that back row between Sasse, Sen. Ted Cruz, R-Texas, and others. 

While the table on the prosecution side with the managers was full of open binders, notebooks and laptops the Trump defense team's table looked neat. Their binders were not open while Schiff and Rep. Jason Crow, D-Colo., spoke, and their laptops also remained closed. 

During the arguments, Sens. Amy Klobuchar and Elizabeth Warren took notes on occasion, and Republican Sens. Amy Murkowski and Susan Collins watched Schiff intently for the duration of his remarks. In the final few minutes of Schiff's comments, Sen. Jim Risch, R-Idaho, tapped on his watch to indicate the California Democrat was nearing the end of his time. Schiff seemed to look in his direction but did not pause or stop.

When Crow was speaking, the other House managers watched him intently, turning in their chairs to face him. Rep Jerry Nadler, D-N.Y., was the one exception; he took notes throughout and referred back to binders and notes. 

Sen. Tom Cotton, R-Ark., read during most of the proceedings, while Sen. James Lankford, R-Okla., yawned several times. Cruz slumped back in his chair, scowling, while Schiff and Crow spoke. Sen. Lindsay Graham, R-S.C., had a similar posture and didn’t take notes or read. 

One amendment out, one amendment in

McConnell moved to table the third Democratic amendment, which would have subpoenaed OMB documents related to the charges against the president and regarding the suspension of assistance to Ukraine.

Schumer introduced a fourth amendment to subpoena acting White House chief of staff Mick Mulvaney. 

Senators will now take a 30-minute recess to eat dinner. It'll be pizza for both sides, Republicans will eat Ledo's in the Mansfield room, where they usually hold their policy luncheons, and Democrats will eat Ledo's in the cloakroom.

During dinner, they will discuss what happens next. When they return from this recess they will debate, for up to two hours, the Mulvaney amendment. Then there will be another vote to kill the amendment.

Article II: Inside impeachment — Rewriting the rules

On Tuesday’s bonus episode of Article II, host Steve Kornacki explains the last-minute changes that Mitch McConnell made to the impeachment trial rules in response to pressure from moderate Republican senators.

Download the podcast.

Yawning, note-taking, sharing breath mints: What senators are doing during arguments

Some senators appear to be losing steam as the trial headed into the night.

There were many yawns, including from Sens. Bernie Sanders, I-Vt., Amy Klobuchar, D-Minn., Roy Blunt, R-Mo., and Richard Shelby, R-Ala. Sen. James Risch, R-Idaho, was most definitely sound asleep for the majority of Rep. Val Demings' presentation. When Jay Sekulow took the stand, speaking audibly louder, Risch was jolted awake.

GOP Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mike Lee of Utah and Chuck Grassley of Iowa took copious notes throughout Demings’ presentation. Grassley and Sen. Cory Gardner, R-Colo., were noting each piece of evidence presented on the screens. New Sen. Kelly Loeffler, R-Ga., also took notes throughout.

When Lev Parnas' interview with Rachel Maddow was shown, Sen. Lindsay Graham, R-S.C., began laughing and writing something down. Sen. Chuck Schumer, D-N.Y., was smiling from ear to ear, sitting up in his chair and looking at Republicans. Sen. Mitch McConnell, R-Ky., remained still and serious throughout. Sen. Tim Scott, R-S.C., passed a note to Sen. Ben Sasse, R-Neb., and the two laughed and nodded.

Sen. Ron Johnson, R-Wisc., passed breath mints from his desk to senators sitting nearby, including Republican Sens. Dan Sullivan of Alaska and Mitt Romney of Utah. Sen. Martha McSally, R-Ariz., sat with a blanket over her lap. Schumer appeared to be quite thirsty, with pages refilling his water glass every 10 minutes. Grassley had a sheet of paper on his desk with photo identifiers.

2020 split screen: Stuck in D.C. for Trump's trial while rival candidates crisscross Iowa

AMES, Iowa — The campaign trail and impeachment trial were on dual tracks Tuesday, showing that no matter how hard Democrats try, the 2020 election is very much about one thing: President Donald Trump.

The primary campaign rolled on in Iowa, where campaign organizers are preparing for the final push before the state's critical first-in-the-nation caucuses just two weeks away on Feb. 3, but the bigger political story — and a handful of the leading candidates — were pinned down in Washington for the president's impeachment trial in the Senate.

Sens. Elizabeth Warren of Massachusetts, Bernie Sanders of Vermont and Amy Klobuchar of Minnesota had to abandon the campaign trail to report for "jury duty" in Washington, trading the frigid plains of Iowa for the stately and climate-controlled halls of Congress. Colorado Sen. Michael Bennet, who is running a long-shot campaign focused mostly on New Hampshire, was also confined to the Senate.

Senate GOP votes down second Schumer amendment

McConnell moved to kill the Democrats 2nd amendment, which would subpoena State Department documents related to the charges against the president.

The amendment failed, with the motion to table passing 53-47.

How the Senate entered Trump impeachment trial mode

One senator wandered around the Senate floor doing mini-squats, as if to prepare for a long day ahead in his seat. Another senator who normally travels home from Washington daily told his wife he might not be home for two weeks. Still another filled his desk on the floor with a candy smorgasbord, to keep fellow lawmakers from going hungry.

The Senate was deep in prep mode as the trial began in earnest Tuesday, as House impeachment managers argued in favor of removing the president from office and the president’s legal team debated the trial’s rules, introduced by McConnell in an organizing resolution Monday evening that outlined the proceeding's initial parameters.

Read more about how senators prepared for the trial.

Schumer announces third amendment: to subpoena White House budget office

Schumer’s office released the text of their third amendment, this time to subpoena documents from the White House Office of Management and Budget.

This amendment will be considered after they vote on the second amendment, which is currently being debated.  

What it is: Schumer’s third amendment will be to have the Senate subpoena OMB documents related to the charges against the president and regarding the suspension of assistance to Ukraine.

Why it’s important: The OMB is in possession of highly relevant records and communications related to the charges against the president. These include communications involving or referring to acting chief of staff and OMB Director Mick Mulvaney, senior adviser to the acting chief of staff Robert Blair, and OMB Associate Director Michael Duffey, all of whom defied lawful subpoenas for their testimony. A reminder, on Jan. 2, Just Security revealed emails from OMB in which Mr. Duffey wrote regarding aid to Ukraine that there was "Clear direction from POTUS to continue to hold." More information about why these specific OMB documents are so important can be found in Schumer’s Dec. 23 letter to his colleagues. 

 

Trump's allies in the House take in Senate debate

As Schiff spoke on the floor, Trump's House allies Mark Meadows, R-N.C., Louie Gohmert, R-Texas, and Lee Zeldin, R-N.Y., watched from the back row on the Republican side of the chamber.

Gohmert occasionally whispered something to the others that he appeared to find entertaining, while they sat silently.

Sen. Richard Shelby, R-Ala., appeared to nod off during the presentation. Sen. Lindsey Graham, R-S.C., seemed among the least impressed of the senators about the arguments being presented.

Sen. Susan Collins, R-Maine, passed a handwritten note to McConnell’s aide in the front row.

Upon the Senate’s vote to block the Democrats’ amendment calling for White House documents, Sens. Mitt Romney, R-Utah, and Chris Murphy, D-Conn., chatted at the back of the chamber. Murphy initially addressed Romney, who listened intently, before the two exchanged their thoughts, smiling.

Two impeachment managers make history

Rep. Zoe Lofgren on Tuesday became the first female manager of a presidential impeachment.

And just a few moments ago, Rep. Val Demings became the first African American to serve in the role.

Cheryl Mills was the first woman, and first African American to speak on the Senate floor during an impeachment trial. She was on Clinton's defense team.

Schiff argues House is ready to present case — if Senate will allow witnesses

Schumer introduces amendment to subpoena State Dept. records

Schumer introduced his second amendment, to subpoena State Department documents related to the charges against the president. They are reading the text of the amendment now.

Why it’s important: The State Department is in possession of highly relevant records and communications involving officials in the Office of the Secretary as well as officials covering Ukraine who have direct knowledge of the key events in question. These records were requested as part of the House impeachment inquiry, but the Trump administration refused to produce these and other key documents.

More information about why these specific State Department documents are so important can be found in Schumer’s Dec. 23 letter to his colleagues.

After hearing debate, McConnell will make a motion to table the amendment, which is expected to pass.

Still TBD how many amendments we will see today.

Senate kills first Schumer amendment on party lines

The Senate voted on party lines to kill the first Schumer amendment, which would have subpoenaed the White House for documents related to Ukraine.

"In keeping with the model used in President Clinton’s trial, prior to hearing the case and the answers to Senators’ questions, I will vote to table any attempts by either side to subpoena documents or witnesses before that stage in the trial," Collins said in a statement.

GOP senators take notes. McConnell appears to take a nap.

During Lofgren’s presentation, McConnell appeared to nod off in the front row.

Gardner, Romney and Lee all took a great deal of notes. Collins did so sporadically. 

Republicans Sens. Tim Scott of South Carolina and Ben Sasse of Nebraska were passing notes between them and appeared to be laughing in the back of the chamber. 

Ex-GOP rep. calls for allowing docs, witnesses

Dershowitz says he was wrong during Clinton trial to say impeachment doesn't require 'technical' crime

Dershowitz on Tuesday said he was retracting comments he made in 1998 about then-President Bill Clinton's impeachment.

In an interview with CNN's Larry King that year, Dershowitz said impeachment "certainly doesn't have to be a crime if you have somebody who completely corrupts the office of president and who abuses trust and who poses great danger to our liberty. You don't need a technical crime."

Lofgren: 'A trial without all the relevant evidence is not a fair trial'

House impeachment manager Rep. Zoe Lofgren, D-Calif., argued that evidence should be introduced into the impeachment so that the Senate could conduct a "fair trial."

Lofgren, the first woman to act as an impeachment manager, laid out the timeline of events surrounding Ukraine and argued that more evidence was needed so that senators can get a full picture of the president's conduct.

She also took the White House to task for stonewalling Congress' efforts to hear from eyewitnesses.

Watch her arguments below:

Schumer assails 'name calling' and 'finger pointing' by Trump defense team

Schumer, speaking to a group of reporters outside the Senate chamber during the recess, said that the "public realizes how unfair the McConnell proposal is" and that the pressure that Democrats put on Republicans forced the changes made earlier. 

On the president’s counsel, Schumer said they did "a lot of finger-pointing" but "not a single sentence as to why there shouldn't be witnesses and documents in this trial."

"I think they're weak. They duck," he said. "The arguments that we heard are not too different than the arguments we've been hearing all along, diversionary, nothing to do with the actual argument that we're making, documents and witnesses. We'll see if they can answer it in reference to my amendment, but so far zero, zero rebuttal."

Asked how many amendments would be offered, Schumer replied, "Stay tuned."

Fact check: White House lawyer omits whistleblower, flubs impeachment timeline

Cipollone falsely described the genesis of the president’s impeachment on Tuesday, with a confusing timeline that completely omitted the whistleblower complaint that led to the House inquiry and blames it all on Democrats. 

"Let's remember how we all got here: They made false allegations about a telephone call. The president of the United States declassified that telephone call and released it to the public. How's that for transparency? When Mr. Schiff found out that there was nothing to his allegations, he focused on the second telephone call,” Trump’s attorney began. 

Trump’s impeachment inquiry began when a whistleblower filed a complaint alleging the president was holding up foreign aid and had sought political favors in a July telephone call. It did not begin with Democratic complaints.

There were two calls — one in July, in which Trump asked for Ukraine to dig up dirt on his political rival — and another in April, which was not substantive and has largely been irrelevant to the impeachment inquiry. Democrats did not seek the April call.

Cipollone continued: “When Mr. Schiff saw that his allegations were false, and he knew it anyway, what did he do? He went to the House and he manufactured a fraudulent version of that call. He manufactured a false version of that call, he read it to the American people and he didn't tell them it was a complete fake.”

We’ve been over this before: Schiff parodied — with disclosure — Trump’s words.

Analysis: Here's the problem with Trump's 'due process' claim

Is the presidency Donald Trump's property?

The president's lawyers have argued repeatedly that he was denied "due process" by the House. The Constitution, which gives full authority to the House and Senate to conduct impeachment proceedings under the rules that they choose rather than under any other legal framework, holds that no person will be denied life, liberty or property without "due process of law."

"Due process is designed to protect the person accused," Jay Sekulow, one of Trump’s longtime attorneys, said on the Senate floor on Tuesday.

But the impeachment-and-removal provision of the Constitution is not built to punish an official. It exists, instead, to prevent an officeholder from doing damage to the public interest. Trump is at no risk of losing his life, being imprisoned or denied any right — other than that of holding future office — in this trial.

The idea of "due process" denial suggests that the White House lawyers are contending the president has the right to the presidency or that it is his personal property.

Fact check: Trump lawyers say GOP blocked from impeachment inquiry

Trump lawyer Pat Cipollone complained that Schiff barred his colleagues from attending witness depositions during the House impeachment inquiry.

This is false. Republicans whose committee assignments involved them in impeachment were welcome to, and did attend, the witness depositions held in a secure chamber, known as a SCIF.

House rules bar members who are not part of the committees conducting the impeachment inquiry, and Republicans sought to use this rule to make a political stink: During one deposition, Rep. Matt Gaetz, R-Fla., stormed the SCIF with 30 colleagues.

Schumer proposes first rule change: Allow the Senate to subpoena White House records

After the initial debate around McConnell's organizing resolution, Schumer is proposing his first amendment to those rules, which would have the Senate subpoena White House documents related to the charges against the president. 

Those documents, which pertain to the hold on military aid to Ukraine, among other things, were requested by the House as part of its impeachment inquiry, but the Trump administration refused to comply. (Obstruction of Congress was one of the articles of impeachment ultimately adopted by the House.)

Read: McConnell's revised rules for Trump's Senate impeachment trial

The new version of Majority Leader Mitch McConnell's organizing resolution, read aloud on the Senate floor Tuesday, now gives both side 24 hours to make their case over three days, instead of the two initially proposed by McConnell on Monday.

The Kentucky Republican also tweaked another controversial provision that could have barred all the evidence against Trump gathered by the House Democrats' inquiry from being entered into the Senate record.

Under the resolution unveiled Tuesday, evidence now will be admitted automatically unless there's an objection, rather than requiring a pro-active vote to admit it.

Fact-checking Trump's lawyer's math

Trump’s lawyers keep saying Democrats held the articles of impeachment for 33 days, an inaccurate number.

Trump was impeached on Dec. 18; the articles of impeachment were delivered 28 days later, on Jan. 15.

McConnell makes last-minute, handwritten changes to Trump impeachment trial rules

McConnell changed a controversial provision in the rules for the impeachment trial that would have required House prosecutors and White House lawyers to make 24 hours of legal arguments in just two days and could have barred evidence gathered by the House.

The last-minute changes — which were written by hand on the resolution, with other lines crossed out — were revealed on Tuesday as the organizing resolution for President Donald Trump's Senate trial was being read into the record on the Senate floor. The new version gives both sides 24 hours to make their case over three days, instead of the two initially proposed by McConnell on Monday.

Democrats complained that the two-day limit would have meant that they would be making the arguments until 1:00 a.m. or later, depriving much of the public from being able to watch the proceedings.

It wasn't only Democrats who had issues with the timeline. Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, raised "concerns" about the resolution, playing a role in the changes, their spokespersons said. 

The White House apparently got at least a little bit of a heads-up about the last-minute changes, according to a source familiar.

Read the full revised resolution here.

Trump as Senate trial gets underway: 'READ THE TRANSCRIPTS!'

As the Senate trial got underway on Tuesday, Trump weighed in on Twitter.

"READ THE TRANSCRIPTS!" he tweeted, pointing to the White House summaries of two phone calls with Ukrainian President Volodymyr Zelenskiy.

It's Trump's July 25 call with Zelenskiy that launched a series of events that led to his impeachment. In that call, Trump asked his counterpart to investigate former Vice President Joe Biden, his son Hunter Biden and Democrats.

Schiff gives overview of House case, says Trump should be removed

Schiff spoke from the Senate floor, giving an introduction of the case House managers will present against Trump.

Schiff said the House managers believe Trump should be convicted or else "the power of impeachment must be deemed a relic."

The evidence against Trump is "overwhelming," Schiff said, and that if the Senate does not expand on the House record the "full scale" of his conduct toward Ukraine may never be known.

Pointing to changes made to McConnell's process resolution just moments before speaking, Schiff criticized the idea that the Senate must conform to the process from the Clinton impeachment trial.

Schiff also called on the Senate to have a series of Trump administration officials testify in the trial.

Got Milk? Senate rules allow for only water, milk on the floor

If you’re lactose intolerant, stop reading here. 

FUN FACT: The only beverages allowed on the Senate floor is water and MILK. It’s an arcane Senate rule, per multiple Senate leadership aides.

  • The Senate historian’s office told NBC News that the "current practice in the Senate is to allow only water into the Senate Chamber. Technically, milk is also allowed, but in recent years the practice has been to allow only water (still or sparkling)."
  • We have not seen anyone with milk in the chamber.

As we’ve already noted:

  • Food is not allowed in the Chamber. The exception to that regulation is the candy desk, which is stocked with candy and available to senators.

White House may assert executive privilege to block Bolton testimony, Republicans say

If former national security adviser John Bolton is called to testify at the Senate impeachment trial, several Republicans told NBC News they believe that President Donald Trump will assert executive privilege.

A president claiming executive privilege during the trial would be unprecedented, and it's unclear how the Senate would handle the dispute. Chief Justice John Roberts is presiding over the proceedings and can rule on what evidence can be allowed — but his rulings can be overruled or sustained by a majority of the Senate.

Bolton testifying would touch off concern in the White House because of his proximity to presidential decision-making, according to a senior administration official.

"It would be extraordinary to have the national security adviser testifying about his communications directly with the president about foreign policy and national security matters," the official said.

Read more here.

Dems say they're pressuring GOP senators on impeachment in other ways

In First Read Tuesday morning, we observed how Democrats aren’t trying to pressure vulnerable GOP senators over the TV airwaves on impeachment.

Of the 11 impeachment-themed television ads airing across the country right now, according to the ad trackers at Advertising Analytics, all are from Republicans and GOP groups.

But Democrats at the Democratic Senatorial Campaign Committee tell us that they’ve been pressuring GOP senators — like Cory Gardner of Colorado, Martha McSally of Arizona and Susan Collins of Maine — in other ways.

For Maine’s Senate contest, for instance, the DSCC has created a website – WhatChangedSusan.Com – highlighting how Collins called for more evidence and witnesses in Bill Clinton’s 1999 impeachment trial, but hasn’t made the same explicit demands for President Trump’s impeachment trial.

And in Colorado, the DSCC has blasted out press releases noting that Gardner has refused "to answer basic questions on [the] president’s conduct” or on the demand for “a fair trial.”

Senators pour onto the chamber floor

As soon as Schumer finished speaking, senators poured onto the floor. Democrats have thick binders with blue cover pages. Republicans, including Tim Scott of South Carolina and John Cornyn of Texas, walked up to greet White House counsel Pat Cipollone and Trump attorney Jay Sekulow.

Rep. Zoe Lofgren, D-Calif., one of the House managers, enthusiastically greeted home state Democratic colleague Sen. Dianne Feinstein, while Democratic Sens. Cory Booker of New Jersey and Kamala Harris of California, both erstwhile presidential candidates, chatted with Chaplain Barry Black in the back of the chamber for a while.

While most senators sat, Sen. Todd Young, R-Ind., wandered around, randomly doing mini squats as if to prepare for the long, seated day ahead.

White House counsel Cipollone: McConnell's proposal a 'fair process'

White House counsel Pat Cipollone, speaking on the Senate floor Tuesday during the impeachment trial of President Donald Trump, said Senate Majority Leader Mitch McConnell’s trial resolution creates “a fair process.”

"We support this resolution. It is a fair way to proceed with this trial," Cipollone said.

"It requires House managers to stand up and make their opening statement and make their case," he continued, adding that, "it is time to start with this trial. It's a fair process."

"We believe that once you hear those initial presentations, the only conclusion will be that the president has done absolutely nothing wrong," he said. 

Here's how we expect today to go

The Senate impeachment trial resumed shortly after 1 p.m. Here’s how we expect the rest of the day to go:

  1. Senators, House managers, and the WH counsel should be in their seats and ready to go. We do not expect the Sergeant at Arms to introduce them like he did when they came to the floor and read the articles on Thursday.
  2. Chief Justice Roberts will gavel the trial back in session, saying something like, “The Senate will convene as a court of impeachment…” (There may be a prayer here.)
  3. Chief Justice Roberts will say: “The Sergeant at Arms will make the proclamation…”
  4. The Sergeant at Arms, Michael Stenger, will say: “Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Donald John Trump, President of the United States.”
  5. At this point, McConnell may pass a number of housekeeping measures about various issues related to the trial, including possibly entering the trial briefs into the Senate record.
  6. Then we expect McConnell will formally introduce the organizing resolution, and any senator can ask that the entire resolution be read on the floor. (In 1999, Sen. Robert Byrd, Democrat of West Virginia, asked for that to happen. It was only four pages, so it didn’t take long. The clerk would then read the resolution).
  7. There will be up to two hours of arguments, equally divided, by the House managers and the WH defense team. They may or may not use the entire two hours.
  8. After that, we expect Schumer/Democrats to introduce an amendment to the organizing resolution, which we expect would take up the issue of witnesses and documents. That is also subject to up to two hours of arguments, equally divided, by the House managers and the WH defense team. Again, they may or may not use the entire two hours.
  • To reiterate, Senators cannot participate in this back and forth, only the House managers and WH defense team. This would mean that there would theoretically be up to 4 hours of back and forth before we see the first vote on Tuesday, and we expect all of this to be open. 
  • When they vote, each senator's name will be called, and the senator will stand and vote. There is a chance that the vote on that first Democratic amendment could be a vote on a motion to table, which would actually mean Republicans vote YES and Democrats vote NO to kill it (we'll alert everyone if this ends up being the case). 
  • What happens after that vote? Likely more amendments, but that's all TBD. We expect Tuesday to be a long day.
  • There is no limit on amendments, but we (obviously) don’t expect amendments to never end. We hope to have guidance early Wednesday on how many amendments Democrats will introduce. Again, it will largely depend on what’s in the organizing resolution.
  • We are in uncharted territory here. The reason why all of this isn't set in stone is simply because the Senate has never had a debate with amendments for the organizing resolution. In 1999, all 100 Senators agreed (after meeting in a closed session in the old Senate chamber) to pass unanimously this initial organizing resolution. Aides and senators who typically go back and look at precedent to determine how a session will go can’t do so here, so we’re all going to be riding this out together.

OPINION: The Senate impeachment trial is a minefield. Will Republicans repeat Democrats' mistakes?

Imagine an alternate timeline in which House Democrats declined to pass articles of impeachment against President Donald Trump on Dec. 18, 2019.

In that universe, the last four weeks would have been most eventful. It would have been a month that saw the release of emails from Office of Budget and Management officials obtained via Freedom of Information Act requests that indicate the order to withhold Ukrainian security aid came directly from the president. A federal appeals court would have continued to litigate the Democratic subpoena of former White House counsel Don McGahn, who was compelled to testify against the president’s wishes by a lower court on Nov. 25. The subpoena of former national security adviser John Bolton’s deputy, Charles Kupperman, would have also been under review (even though House Democrats withdrew that subpoena in November). January would have culminated in the nonpartisan Government Accountability Office’s finding that the delay Trump allegedly ordered was “not programmatic” and violated the law.

Back in our current timeline, though, Democrats have all but surrendered control of the impeachment process to Republicans. The OMB emails landed with a thud. The severity of the GAO’s finding will be left to Republicans to determine. The courts litigating Democratic subpoenas dismissed those cases when the venue in which Trump’s associates might have testified — the House impeachment inquiry — effectively closed. And the stunning accusations levied against the president by Rudy Giuliani associate Lev Parnas have been made in forums like cable news, where his truthful testimony cannot be compelled.

Given the revelations that have emerged over the last month, however, the GOP risks repeating House Democrats’ mistakes if they fail to take their prerogatives seriously while they control the impeachment process.

Read the full opinion piece.

House managers say Trump 'exemplifies' why impeachment is in the Constitution

House managers, in response to Trump's trial brief, said Tuesday that the president "exemplifies why the framers included the impeachment mechanism in the Constitution."

"President Trump’s impeachment trial is an effort to safeguard our elections, not override them," the Democrats wrote. "His unsupported contentions to the contrary have it exactly backwards. President Trump has shown that he will use the immense powers of his office to manipulate the upcoming election to his own advantage. Respect for the integrity of this Nation’s democratic process requires that President Trump be removed before he can corrupt the very election that would hold him accountable to the American people."

The managers also said Trump's brief "is heavy on rhetoric and procedural grievances, but entirely lacks a legitimate defense of his misconduct. It is clear from his response that President Trump would rather discuss anything other than what he actually did."

The brief, they added, "does not explain why, even now, he has not offered any documents or witnesses in his defense or provided any information in response to the House’s repeated requests. This is not how an innocent person behaves."

Read the full response.

 

Fact check: Could Trump's trial be the first without witnesses and documents?

"If Sen. McConnell makes this the first impeachment trial in history without witnesses or documents, it will not prove the president innocent,” Rep. Adam Schiff, D-Calif., said on Tuesday morning.

Is it true that this could be the first impeachment trial without witnesses or documents?

Let's review the history of presidential Senate trials. The impeachment trial of President Andrew Johnson took more than two months and included documents as well as testimony from 41 witnesses. The impeachment trial of President Bill Clinton, which lasted 37 days, included both documents and videotaped footage of witness testimony played on the Senate floor.

Still, Majority Leader Mitch McConnell, R-Ky., has not shut the door on all witnesses and documents. He's giving his party — which enjoys majority control of the Senate — the chance to decide the issue with a vote. 

Schiff initially — and correctly — claimed that McConnell was departing from historic precedent: In the Clinton trial, House findings were admitted as evidence at the start of the Senate trial. This time, McConnell did not originally plan for that. However the text of the organizing resolution, read out by the clerk Tuesday afternoon, appears to have been changed to automatically include House evidence, unless there's an objection.

Schumer again hits McConnell, Trump for proposed impeachment trial rules

Senate Minority Leader Chuck Schumer, D-N.Y., used his Senate floor speech to restate the points he made at his multiple press conferences earlier Tuesday and on Monday, blasting McConnell’s resolution on the impeachment trial rules.

"The McConnell resolution will result in a rushed trial with little evidence, in the dark of night,” Schumer said. “If Leader McConnell is so confident the president did nothing wrong, why don't they want the case to be presented in broad daylight?" 

“This resolution will go down as one of the darker moments in Senate history,” Schumer added.

He also took direct aim at Trump himself, asking, “If the president believes his impeachment is so brazen and wrong, why won't he show us why?"

"If the president's case is so weak that none of the president's men can defend him under oath, shame on him.”

A celebrity sighting in the gallery

McConnell says his proposal is 'fair' and 'even-handed'

McConnell said his proposal for Trump's impeachment trial "sets up a structure that is fair, even-handed, and tracks closely with past precedents."

He called his proposal a "sharp contrast with the precedent-breaking inquiry in the House."

McConnell's proposal allots each side a total of 24 hours to present arguments over two working days. Additionally, it suggests that none of the House evidence will be automatically admitted into the trial. Instead, the Senate will vote later on whether to admit the documents.

Once both sides present their cases, 16 hours will be provided for senators to ask questions in writing. The Senate would then consider whether to subpoena witnesses and documents. If witnesses and documents are approved, McConnell's resolution makes clear that witnesses must first be deposed, a process that typically takes place behind closed doors, before a determination over testimony is made.

Democrats on Tuesday blasted the proposal as "appalling," a "national disgrace," and "deliberately designed to hide the truth."

Schumer pledged to offer amendments to change the "most egregious things" McConnell proposed. McConnell said he will move to table Schumer's pledged amendments during Tuesday's debate on the impeachment process resolution.

What Trump is doing today

Trump is in Davos and is being “briefed by staff periodically” on Tuesday’s proceedings, White House press secretary Stephanie Grisham said. But he's also got an eye on Fox News, interrupting his Wall Street Journal interview this morning to make various comments on segments.

The president told the Journal he did not currently have plans to meet with Ukrainian President Volodymyr Zelenskiy, who is also attending the summit. "I didn’t know he was here. I don’t think we had it planned," Trump said when the newspaper asked him about a potential meeting. But Trump said he'd be willing to meet with the Ukrainian president, adding, "I think he’s a really good guy."

Earlier in the morning, in quick on-camera questions and answers, Trump again railed against the impeachment as “a hoax. It's a witch hunt that's been going on for years. And it's frankly - it's disgraceful. But we look forward to being here. “

The president also said Tuesday that the trial “goes nowhere because nothing happened" and expressed confidence that “it's going to work out fine.”

Trump's meetings and events wrap up at 2 p.m. ET, so he will be able to tune in to afternoon impeachment coverage in the U.S. if so inclined. 

Schumer slams McConnell's proposal, outlines proposed amendments

Senate Minority Leader Chuck Schumer, D-N.Y., on Tuesday again slammed the impeachment trial rules, calling them “completely partisan” and accusing Senate Majority Leader Mitch McConnell, R-Ky., of letting the White House basically write them.

“The McConnell rules seem to be designed by President Trump for President Trump,” Schumer said at a press conference alongside other Senate Democrats. “It appears that leader McConnell decided to go along with the president's desire to cover up his wrongdoing, hook, line and sinker. It almost seems the resolution was written in the White House, not the Senate.” 

Schumer vowed to offer amendments to the proposal that would allow for subpoenas to be issued for White House documents “related to the charges against the president” and for the calling of witnesses.

Schumer also slammed McConnell’s resolution as “a national disgrace” that “will go down in history as one of the very dark days of the Senate.”

McConnell's evidence proposal explained

McConnell's organizing resolution for the Senate impeachment trial has a provision that would allow a vote on whether to include evidence presented in the House investigation, as well as evidence that emerged after the articles were sent to the Senate, into the official trial record.

The vote would occur after the Senate takes up the issue of calling additional witnesses or documents, which is after the arguments and question-and-answer portion of the trial (which would hypothetically discuss all this evidence). 

What does it mean?

Team McConnell sees the issue as a vote on the legitimacy of the House impeachment investigation. If Republicans think it was a sham process, then they’d vote with the majority leader on the evidence issue.

“Impeachment rules do not automatically admit evidence from the House into the Senate trial,” a senior Republican leadership aide told reporters. “This is an important fact specific to this trial because the White House was denied due process throughout the 12 weeks of partisan House proceedings. That makes this record meaningfully different from the House record in Clinton, which consisted primarily of evidence compiled by court-appointed prosecutors in the federal grand jury process.”

House managers will be able to discuss the information during their arguments and senators will still have access to all the House evidence during the trial, a senior Republican leadership aide said. Those documents will be printed and placed on senators' desks.

But if McConnell wins this vote, then the evidence will not be included in the official Senate impeachment record. In the impeachment trial of President Bill Clinton, the House record was admitted as evidence as a part of the organizing resolution.

“A trial with no evidence — no existing record, no witnesses, no documents — isn’t a trial at all,” Senate Minority Leader Chuck Schumer, D-N.Y., tweeted after the resolution was released, “It’s a cover up.” 

 

Schiff rips McConnell's impeachment rules proposal as “process for a rigged trial"

House Intelligence Committee Chairman Adam Schiff, D-Calif., the lead House impeachment manager, on Tuesday blasted Senate Majority Leader Mitch McConnell’s impeachment trial rules proposal as "a process for a rigged trial.”

"This is not a process for a fair trial. This is the process for a rigged trial,” Schiff said at a brief press conference alongside the six other House managers for the trial.

“This is the process if you do not want the American people to see the evidence. This is a process you use if you want to, hand in hand, working in concert with the president, allow the president to continue to obstruct the Congress and deny the truth to the American people.”

The proposal by McConnell, R-Ky., allots each side a total of 24 hours to present arguments, although that time is confined to two working days. Additionally, it suggests that none of the House evidence will be automatically admitted into the trial. Instead, the Senate will vote later on whether to admit the documents.

Arguments will begin Wednesday afternoon, according to those rules, which are expected to be adopted Tuesday. The proposed 12-hour sessions to present each side's case could lead arguments to extend well into the night and possibly the early morning hours.

Schiff took particular aim at that aspect of the rules, accusing McConnell and the Republicans of “compressing the time of the trial” so that “the proceedings could conceivably go well into the night when apparently Sen. McConnell hopes the American people will not be watching.”

House managers call White House counsel a fact witness, warn of 'disqualification' from defense team

The House managers in the impeachment trial have told President Donald Trump's lead lawyer, White House counsel Pat Cipollone, that they believe he is a fact witness to the charges and are demanding he disclose all related information so that the Senate and Chief Justice John Roberts "can be apprised of any potential ethical issues, conflicts, or biases.”

The managers sent a letter to Cipollone on Tuesday saying that the risks associated with his being an advocate for Trump and an alleged witness "are so serious that they can require a lawyer's disqualification."

Read the letter.

The White House responded in a statement later Tuesday, calling the Democrats "an utter joke."

"The idea that the Counsel to the President has to turn over protected documents and confidential information is ludicrous, and to imply he can’t represent the President of the United States in an impeachment proceeding is completely absurd," the statement said.

Image:
House Intelligence Committee Chairman Adam Schiff walks to a press conference with other impeachment managers at the Capitol on Jan. 21, 2020.J. Scott Applewhite / AP

'Appalling,' a 'national disgrace,' 'designed to hide the truth': Democrats blast McConnell's impeachment proposal

Democrats on Tuesday called Senate Majority Leader Mitch McConnell's proposal for President Donald Trump's impeachment trial "appalling," a "national disgrace," and "deliberately designed to hide the truth."

"This is just appalling," Senate Minority Leader Chuck Schumer, D-N.Y., told MSNBC's "Morning Joe," adding that McConnell, R-Ky., was seeking to turn the trial into "a farce" and that under this proposal it would be a "national disgrace."

Schumer pledged to offer amendments to change the "most egregious things" McConnell proposed, pleading for four Republicans — the total needed to form a majority — to vote with the Democrats.

Read more about the Democrats' response.

Trump calls impeachment trial a long-running 'hoax' at Davos summit

President Donald Trump called the impeachment trial set to start in Washington later Tuesday a long-running "hoax" after landing in Davos.

"It's been going on for years," the president said at the Swiss mountain summit of the world's elite hours before senators in Washington kick off the proceedings.

"Look forward to being here, meeting with biggest companies in the world, for the benefit of the United States," he added in a speech to some of the world's richest and most influential people.

Trump is using the moment on the world stage to divert attention from the drama playing out back home and give the appearance of a president hard at work. It’s a strategy used by former President Bill Clinton, who scheduled events across the country during his impeachment, though he didn’t travel abroad.

Read the full story.

Trump impeachment trial: The rules and everything else you need to know

The Senate impeachment trial of President Donald Trump — only the third in U.S. history — is scheduled to get fully underway Tuesday, with Democrats and Republicans potentially clashing over whether to call witnesses.

The proposed rules for the trial, which Senate Majority Leader Mitch McConnell, R-Ky., released Monday evening, are similar but not identical to the format of President Bill Clinton's impeachment trial in 1999. McConnell's rules would set aside up to four hours of debate, equally divided between both sides, on whether there should be subpoenas for witnesses or documents, and then the full Senate would vote on the issue.

Senate Minority Leader Chuck Schumer, D-N.Y., could seek to amend the rules Tuesday to ensure that his side can call witnesses, a process that could take several hours and could even include closed-door debates. 

Read about the rules and everything else you need to know.