President Donald Trump's lawyers began their case in his defense Saturday as the Senate impeachment trial concludes its first week of arguments.
The defense phase of the trial follows three days of arguments against the president from House impeachment managers.
Trump's lawyer Jay Sekulow said Friday that Saturday's arguments, which lasted only about two hours, would be "our sneak preview" of their broader case.
Highlights from the Senate trial
- Trump's defense team attacks credibility of lead House manager Adam Schiff and Amb. Gordon Sondland, invokes Mueller investigation and accuses Democrats of trying to interfere in the election.
- NBC News fact-checks the defense's claims on when Ukraine knew about the aid hold, the comparative amount of European aid to the country, whether Ukraine got the meeting it sought, and whether it interfered in the 2016 election.
- Senate and House Democrats, GOP moderates, respond to Trump team's arguments. Republican Sen. Mitt Romney says he will likely vote for witnesses.
- What happened Saturday and what to expect Monday and Tuesday.
Fact check: No evidence for Trump defense claim that Ukraine interfered in 2016
"The House managers, over a 23-hour period, kept pushing this false dichotomy that it was either Russia or Ukraine, but not both," Sekulow said, attempting to suggest that Ukraine also interfered in the last presidential election as as part of Trump's defense that his actions with respect to the country were proper and predicated on legitimate national security concerns.
While this argument echoes the president — Trump has repeatedly suggested that the 2016 meddling began in Ukraine while expressing skepticism about what the U.S. intelligence community concluded was a concerted and far-reaching effort by Russia to interfere in 2016 — it's been previously debunked by numerous intelligence and government officials, including Trump appointees.
"We have no information that indicates that Ukraine interfered with the 2016 presidential election," FBI Director Christopher Wray said in an ABC News interview.
White House lawyer argues Dems didn't allow whistleblower testimony, but Schiff explained why they chose not to
Deputy White House counsel Patrick Philbin argued Saturday that Democrats never allowed an inquiry into or testimony from the whistleblower who filed a formal complaint about Trump’s alleged misconduct involving Ukraine, which triggered the House impeachment inquiry.
Philbin pointed to Intelligence Community Inspector General Michael Atkinson's assessment that the whistleblower had a political bias. But Atkinson, a Trump appointee, said that the whistleblower's complaint was still credible.
"Further although the ICIG's preliminary reviewed identified some indicia of bias of an arguable political bias on the part of the complainant in favor of a rival political candidate, such evidence did not change my determination that the complaint relating to the urgent concern 'appears credible' particularly given the other information the ICIG obtained during its preliminary review," Atkinson wrote.
“At first when things started, it seemed like everyone agreed they’d want to hear from the whistleblower, including Manager Schiff,” said Philbin. “What changed? At first manager Schiff said we should hear the unfiltered testimony from the whistleblower, but then he changed his mind.”
Philbin then played video of an interview Schiff did with MSNBC in which he said that they had not spoken directly with the whistleblower.
“It turns out, that that statement was not truthful,” Philbin said. "His staff had spoken with the whistleblower before the person filed the complaint. ... After that point, it became critical to shut down any inquiry into the whistleblower.”
Schiff explained in his closing arguments Friday night, however, that while he initially wanted the whistleblower to come testify, that was at the time in which the only evidence lawmakers had was the person’s complaint. But then they heard from a first panel of witnesses, he said, and Trump and his allies began threatening the whistleblower, whose life, according to Schiff, was at risk. At that point, Democrats wanted to ensure that the person’s identity was protected.
Senate gavels out after a short opening day for Trump's defense
President Donald Trump's attorneys ended Saturday's argument after just a couple of hours, about an hour shy of what was expected.
Majority Leader Mitch McConnell moved to adjourn until 1 p.m. Monday, which is expected to be a longer day of the defense presenting much more of their arguments.
GOP senators seem more engaged Saturday
Perhaps it’s the prospect of a shorter day, or perhaps its hearing arguments they’re more inclined to agree with, but Republican senators are much more alert and attentive in the chamber today.
During the end of deputy White House counsel Purpura’s presentation and the start of Jay Sekulow’s, all seats in the chamber were full. Several Republicans laughed approvingly at the supercut of Amb. Sondland's various assumptions and presumptions. Tim Scott laughed loudly.
Richard Burr is once again sockless, but today neither he nor any other senator could be seen using a fidget spinner. Sekulow also got laughs from the GOP side of the room when he promised not to play the same clip seven or eight times. The managers sat unresponsive and taking notes throughout.
Fact check: Did Ukraine get its meeting, no strings attached?
"The security assistance flowed on September 11 and a presidential meeting took place on September 25, without the Ukranian government announcing any investigations,” Trump attorney Purpura said on Saturday
Indeed, Ukraine’s foreign aid was ordered to be released on September 11, after public reporting about an intelligence community whistleblower complaint that detailed an apparent campaign by the president to strong-arm a foreign leader into announcing investigations that could be politically beneficial to Trump.
The September 25 meeting — on the sidelines of the United Nations, amid political upheaval over the whistleblower complaint that would go on to trigger an impeachment inquiry — was not the meeting Ukraine sought.
A White House meeting was enormously important to Ukraine, former and current diplomats testified to Congress, because it signaled the legitimacy of the new Zelenskiy administration and the crucial partnership between the two countries.
The meeting on the sidelines of the United Nations — where the president espoused conspiracy theories and sought to use Zelenskiy to clear himself of accusations of wrongdoing — was not the kind of meeting a president who feared being used as a pawn in American politics would want.
Asked during the White House meeting if he felt pressure to investigate the Bidens, Zelenskiy walked a careful line:
"I’m sorry, but I don’t want to be involved to democratic, open elections — elections of USA," he told reporters. "It was normal. We spoke about many things. And I — so I think, and you read it, that nobody pushed — pushed me."
Trump spun this as an absolution.
"In other words, no pressure," Trump said.
Meet Trump's legal team for the impeachment trial
The legal team for President Donald Trump's impeachment trial in the Senate includes some high-profile members, including Alan Dershowitz, Kenneth Starr and White House counsel Pat Cipollone.
Senators are busy taking notes
Every seat was full Saturday morning for the first day of Trump's defense. Nearly every Democratic senator was taking notes throughout except for Sanders, who later jotted a note or two, and Warner.
Republican Sens. Sasse, Scott, Cassidy and Perdue (all seated together) vigorously took notes and watched all the clips — a departure from their regular chatting and absence from their desks during the House managers' presentation.
Schumer, the minority leader, stared at Michael Purpura, the deputy White House counsel, but occasionally looked away to confer with his aides next to him, while Majority Leader McConnell focused intently on the presentation.
Senate pages were very busy with pen and pencil duty this morning, with one page bringing Sen. Reed, D-R.I., what looked to be about a dozen black pens at one point. Shortly after, the same page restocked Sen. Markey's pencil stash and then came back to bring Sen. Gillibrand five or six fresh pens.
Trump's lawyers deride Dems for leaving out testimony that played on live TV
Sekulow and Pupura have spent some time during their defense of the president by playing testimony from witnesses, such as diplomats Kurt Volker, George Kent and Gordon Sondland, and arguing that Democrats tried to hide it from Senators.
"Why didn't they show you this testimony? Why didn't didn't they tell you about this testimony?" Purpura said after playing Volker's testimony saying that, to his knowledge, Ukrainians did not know about the pause in military aid until Aug. 29. "They didn't they put Ambassador Sondland's testimony in its full and proper context.
Purpura claimed Democrats did this to support a "pre-determined outcome" in the trial.
But, as MSNBC contributor Joyce Vance pointed out, the hearings were televised live, and the full transcripts of their earlier depositions were publicly available.
Fact check: Trump lawyer says Ukraine didn't know about hold on aid
Two claims from Purpura on what and when Ukraine knew about the hold on Congress-approved security assistance — and the Trump administration's apparent reluctance set a date for a White House meeting — are inaccurate, according to publicly available evidence.
"The transcript shows that the president did not condition either security assistance or a meeting on anything. The paused security assistance funds aren't even mentioned on the call," Purpura said.
Though it was not explicit, Trump did appear to tie the award of aid to Ukraine to Zelenskiy's willingness to cooperating with Trump on investigations he desired into the Bidens and the 2016 election, according to the White House's five-page description of the call, which notes that it is not an exact transcript as Trump and his attorneys have claimed.
Additionally, text messages from former special U.S. envoy to Ukraine Kurt Volker reveal that top aides to Ukraine's president were aware of those conditions before the call took place.
“heard from White House — assuming President Z convinces trump he will investigate / ‘get to the bottom of what happened’ in 2016, we will nail down date for visit to Washington,” Volker texted an aide to the Ukrainian president hours before Trump and the Ukrainian president spoke via phone.
"President Zelenskiy and high-ranking Ukrainian officials did not even know — did not even know — the security assistance was paused until the end of August, over a month after the July 25 call," Purpura continued.
While some witnesses said they were not sure when Ukraine first knew of a hold on their military aid, Deputy Assistant Secretary of Defense Laura Cooper testified that the Ukrainians knew of an issue with the assistance on July 25 and were asking questions about it to U.S. counterparts. A former foreign minister in Ukraine also told The New York Times that Ukraine knew of the aid freeze in July.
Sekulow: Trump didn't trust his intelligence officials
Trump had reason to doubt his intelligence officials, giving him good reason to enlist a shadow Ukraine operation to investigate alleged electoral interference in 2016, his attorney Jay Sekulow said in his opening arguments Saturday.
Sekulow began by highlighting the years-long Mueller investigation and report in addition to FBI FISA court mishaps detailed by Justice Department Inspector General Michael Horowitz in a report late last year. He added that Trump chose not to "blindly trust" the advice of his intelligence officials as a result of those matters.
"In his summation on Thursday night, Manager Schiff complained that the president chose not to go with the determinations of his intelligence agencies regarding foreign interference and instead decided he would listen to people that he trusted, and he would inquire about the Ukraine issue himself," Sekulow said. "Mr. Schiff did not like the fact that the president did not apparently blindly trust some of the advice he was being given by the intelligence agencies."
"They kept telling you it was Russia alone that interfered in the 2016 election, but there is evidence that Ukraine also interfered," Sekulow added.
One of the biggest instances of so-called Ukrainian interference Trump's allies have highlighted involved the publication of what was referred to as the "Black Ledger," a document showing that Trump's then-campaign chairman Paul Manafort was taking in millions in undisclosed payments from Ukraine's pro-Russia political party. The revelation led to Manafort's resignation from the Trump campaign and eventual prosecution and conviction in the Mueller probe. Manafort is now in prison.
Meanwhile, Trump had asked Zelenskiy to probe the "CrowdStrike" conspiracy, a theory even one former top Trump administration official called "debunked." It alleges that a Democratic National Committee server was placed somewhere in Ukraine and used to frame Russia for 2016 electoral interference. And Trump asked his counterpart to announce a probe into the Bidens in an investigation seemingly unrelated 2016.