February 11, 2021 Trump impeachment trial news | CNN Politics

Trump’s second impeachment trial: Day 3

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How impeachment managers wrapped up their case against Trump
03:19 - Source: CNN

What we covered here

Our live coverage has ended. See how the day unfolded in the posts below.

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Key takeaways from Day 3 of Trump's impeachment trial

Sens. John Boozman, R-Ark., and John Cornyn, R-Texas, during day three of the Senate impeachment trial, February 11, 2021.

The House impeachment managers wrapped up their case for the conviction of Donald Trump for inciting the US Capitol riot on Jan. 6, centering their argument on connecting the former President’s words in advance of the riot and the actions taken by his supporters on that day.

In case you missed it, here are some of the key takeaways from the trial today:

  • The rioters’ statements are damning: The clear focus of the impeachment managers was to provide a clear link between Trump’s words and the actions of the violent mob that stormed the Capitol. And time and time again, the best proof of that link was the rioters themselves. In interviews, in videos, in arrest records the same theme just kept emerging: They believed they were acting on the wishes (and orders) of the President of the United States. The lingering image (and sound) for me from Thursday’s proceedings was a protester outside the Capitol shouting, “We were invited by the President of the United States” over and over unto a bullhorn. “They came here because the President instructed them to do so,” said House impeachment manager Rep. Diana Degette.
  • Trump as a future threat: One of the most consistent arguments you hear from Republican senators opposed to the impeachment trial amounts to this: What’s the point in removing Trump from office? He’s already been removed from office by the voters! The point, as House impeachment managers Jamie Raskin and Ted Lieu argued today, is that if Trump is not convicted and banned from seeking future federal office (a vote that would take only a simple majority of senators), there’s absolutely no reason to think that what happened in January couldn’t be repeated. “I’m not afraid of Donald Trump running again in four years,” said Lieu. “I’m afraid he’s going to run again and lose. Because he can do this again.”
  • Michigan as a test run: On April 30, 2020, a crowd of Trump supporters crowded into the Michigan state Capitol to protest Gov. Gretchen Whitmer’s state-of-emergency order due with the spread of the coronavirus pandemic. (That came less than two weeks after Trump had tweeted “LIBERATE MICHIGAN.”) “This was a huge win,” the organizer of the Michigan protest told CNN at the time. Then, in early October, 13 men were arrested for an act of domestic terrorism — a plot to kidnap Whitmer. Michigan was “a preview of the coming insurrection,” said Raskin. The connection between the events in Michigan and those at the Capitol on Jan. 6 (and Trump’s initial response to both) were used by the impeachment managers to suggest that Trump had not only primed the pump for what happened on Jan. 6, but that he and his supporters had already conducted what amounted to a dry run of what we saw play out at the Capitol on January 6. As Raskin put it: “January 6 was a culmination of Trump tactics, not an aberration from them.”

Trump was playing golf today, while his second impeachment trial was underway

Former President Trump was seen playing golf Thursday during the third day of his second impeachment trial.

Trump was spotted by CNN photojournalists just before 3:30 p.m. ET at Trump National Golf Corse in West Palm Beach, Florida. 

He left the golf course at 4:20 p.m ET in a black SUV. 

House impeachment managers finish making their case to convict Trump. Here's what comes next.

The House impeachment managers have finalized presenting their case against former President Trump in the Senate trial. The Senate has adjourned until noon ET tomorrow.

Lead impeachment manager Jamie Raskin thanked the members of the Senate for the “close attention and seriousness of purpose” they demonstrated during their presentations.

“We’ve made our very best effort to set forth every single relevant fact that we know in the most objective and honest light. We trust, we hope, that the defense will understand the constitutional gravity and solemnity of this trial by focusing like a laser beam on the facts and not return to the constitutional argument that’s already been decided by the Senate,” Raskin said in his closing remarks.

“Senators, America, we need to exercise our common sense about what happened. Let’s not get caught up in a lot of outlandish lawyers’ theories here. Exercise your common sense about what just took place in our country,” Raskin urged his colleagues. 

During their final day of presentations, the managers charged that the insurrectionists carried out their attack on the US Capitol on behalf of Trump, and they used the insurrectionists’ own words before and during the attack to show that they believed they were acting at Trump’s direction.

What comes next: Trump’s defense team will now have the opportunity to argue their case against conviction for up to 16 hours over two days.

Senators will then have time to ask questions of the two legal teams after the initial days of arguments conclude. After the Q&A, the two legal teams will debate the need to subpoena witnesses and documents. The Senate will vote and a majority will be required in order to carry forward with these subpoenas.

Then there will be up to four hours of closing arguments and an unspecified amount of time for senators to deliberate. Then a vote on the article of impeachment.

CNN’s Zachary B. Wolf contributed reporting to this post.

Here are Democrats' three key arguments against Trump

House impeachment manager Joe Neguse detailed the case against former President Trump and why he thinks Trump committed an impeachable offense.

In his closing arguments, he laid out three key questions that impeachment managers believe are at the core of their arguments against Trump:

  1. “Was violence foreseeable?”
  2. “Did he encourage violence?”
  3. “And did he act willfully?”

Neguse went on to say the answer to those questions must be yes.

He ended his remarks with a final plea to senators.

"The risk of violence was foreseeable," impeachment manager says

Impeachment manager Joe Neguse made the argument that violence was both predictable and foreseeable at the Jan. 6 rally before the Capitol riot.

“Was it foreseeable that the violence would erupt on January 6th if President Trump lit a spark? Was it predictable that the crowd at the ‘Save America rally’ was poised on a hair trigger for violence that they would fight literally if provoked to do so? Of course it was. When President Trump stood up to that podium on January 6th, he knew that many in that crowd were inflamed, were armed, were ready for violence. It was an explosive situation. And he knew it,” Neguse said. 

Using a combination of tweets, photos and videos, he explained how Trump’s inflammatory rhetoric was part of an intentional pattern used by Trump to provoke his supporters.

“You’ve seen it, the images, the videos, the articles, and the pattern which show that the violence on that terrible day was entirely foreseeable. We’ve showed you how this all began with the big lie, the claim that the election was rigged and that President Trump and his supporters were the victims of a massive fraud, a massive conspiracy to rip away their votes. We’ve showed you how President Trump spread that lie and how over the course of months with his support and encouragement, it inflamed part of his base, resulting in death threats, real-world violence, and increasingly extreme calls to stop the steal. We established that after he lost the election, the President was willing to do just about anything to prevent the peaceful transfer of power. That he tried everything he could do to stop it,” Neguse said.

He listed numerous examples of how Trump tried to pressure individuals to overturn the election results and how he continued to rally his base around the false idea that the election was stolen.

Neguse argued that Trump’s rhetoric not only incited the Capitol riot, but said it threatened national security and said a failure to convict the former President would set a precedent that “inciting violence is OK.”

Watch the moment:

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10:56 - Source: cnn

Raskin outlines what impeachment is — and what it is not 

As the House impeachment managers prepare to finalize their arguments before the Senate, lead impeachment manager Rep. Jamie Raskin laid out what impeachment is — and what it is not — in their case against former President Trump.

“I hope we all can agree today that if a president does incite a violent insurrection against the government, he can be impeached for it. I hope we all can agree that that is a constitutional crime,” Raskin said.

The article of impeachment passed by the House in January reads, in part: “Donald John Trump engaged in high Crimes and Misdemeanors by inciting violence against the Government of the United States.” 

Raskin went on to argue that despite the claims of Trump’s defense team, the question of the case against Trump is not whether he committed a crime under the federal code, DC law or a law of a state.

“Impeachment does not result in criminal penalties, as we keep emphasizing. No one spends a day in jail. There are not even criminal or civil fines,” Raskin said.

He continued:

“And, senators, what greater offense could one commit than to incite a violent insurrection at our seat of government during the peaceful transfer of power?,” Raskin said.

Trump’s defense team will have an opportunity to present their case starting tomorrow.

Hear Rep. Jamie Raskin:

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01:45 - Source: cnn

Defense attorneys say there's no "direct" link between actions of rioters and Trump

 Members of former President Donald Trumps defense team, David Schoen, center left, Michael van der Veen, center, and Bruce Castor, center right, arrive at the Capitol before the start of day three of the impeachment trial in the Senate on Thursday, February 11.

Ahead of their presentation tomorrow, former President Trump’s defense attorneys are arguing that — despite the evidence presented at trial — there’s no “direct” link between the actions of the insurrectionists and Trump himself.

The Trump team appears poised to argue before the Senate that no evidence exists where Trump explicitly commands a rioter to go to the Capitol and commit acts of violence.

That’s what the two main attorneys, David Schoen and Bruce Castor, clearly signaled to CNN in interviews in the Capitol this afternoon.

Asked about evidence showing insurrectionists carrying out Trump’s orders, Castor said: “Did someone say that they heard directly from President Trump to do that?”

Pressed about the evidence in trial where insurrections said they were carrying out Trump’s order, Castor said: “I don’t believe that’s what happened, no.”

Schoen made a similar case.

“They haven’t in any way tied it to Donald Trump,” Schoen said when asked about Democrats’ presenting video evidence of rioters citing Trump’s demands as a reason for their actions. “And I think it’s offensive quite frankly, in reference to the healing process, to continue to show the tragedy that happened here that Donald Trump has condemned, and I think it’s with the American people now, frankly.”

"The world is watching and wondering whether we are who we say we are," Rep. Castro says  

During today’s proceedings, House impeachment managers are arguing that the results of former President Trump’s second trial will send a signal likely felt around the globe.

Pointing to various media reports, Castro noted that adversaries of the US — including China and Iran — have latched on to the events of Jan. 6, citing them as an example of vulnerability.

“For America’s adversaries, there was no greater proof of the fallibility of Western democracy than the site of the US Capitol shrouded in smoke and besieged by a mob whipped up by their unwillingly outgoing president,” Castro read from a news headline.

US allies, meanwhile, have shown support for America amid the turmoil, placing even greater importance on the result of Trump’s second impeachment trial.

“Following the insurrection on January 6th, even our allies are speaking up,” said Castro, pointing to our neighbors to the north.

“Canadian Prime Minister Justin Trudeau said, ‘what we witnessed was an assault on democracy by violent rioters incited by the current president and other politicians,’” read Castro, continuing Trudeau’s statement:

“‘As shocking, deeply disturbing, and frankly saddening as that event remains, we have also seen this week that democracy is resilient in America, our closest ally and neighbor.’”

Castro concluded his message on global perspective by commenting further on the lifeblood and framework of American democracy.

“This trial is an opportunity to respond and to send a message back to the world. I say this as somebody who loves my country, our country, just as all of you do,” Castro continued, speaking to the senators in the room.

Watch the moment:

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06:10 - Source: cnn

Trump defense team eyes shortening Senate presentation to as little as 3 hours, source says

A source close to former President Trump’s legal team says the defense is eyeing shortening their presentation and possibly making it as short as three hours in an effort to make it “short, tight and direct.” 

The team plans to include video presentations showing Democratic leaders using similar language to Trump, including one clip of Senate Majority Leader Chuck Schumer outside the US Supreme Court, saying “I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions,” referring to Supreme Court Justices Neil Gorsuch and Brett Kavanaugh. 

Although Schumer’s words were not followed with violence against the justices, and his supporters did not storm the Capitol, the legal team plans to argue hypocrisy and say Trump never intended for the protesters at the “Stop the Steal” march to take over the Capitol building.  

The Democrat's have brought up Trump's First Amendment defense. Here's what you need to know. 

Trump’s defense team has said that the former President’s false claims – that the presidential election was rigged and claims made in his speech to the crowd ahead of the Jan. 6 Capitol riot – are protected by the First Amendment.

House impeachment manager Rep. Joe Neguse took a swipe at this defense during his presentation today, saying that their argument is “a distraction.”

The First Amendment is often brought up in cases to protect people’s claims but it doesn’t always guarantee you the rights you think it does.

Here’s what the First Amendment actually says:

That’s the entirety of the US Constitution’s First Amendment.

There’s a lot going on in those few sentences, and it’s important to know when and how it applies to common situations – and, equally as important, when it doesn’t.

Our constitutional experts look at some common First Amendment arguments and when the Amendment actually applies. You can read them here.

Trump talking with advisers about moving on from "stop the steal" messaging, sources say

Former President Trump has been talking with advisers in recent weeks about moving on from his “stop the steal” messaging, once the impeachment trial scrutinizing his inflammatory words ends, sources close to Trump say.

One of the sources says he realizes continuing to push out that messaging would be politically damaging, because talking about the election will only conjure up images of the riots. 

The Trump adviser who has been in touch with the former President in recent days says, “He’s past the election – he understands he needs to be past it.” 

But a separate source close to the Trump team, when asked whether Trump would stick to moving on said, “Good luck with that!” 

CNN has previously reported that Trump is not showing any remorse for his words and actions leading up to the Jan. 6th riot – even as Democrats present damning new evidence this week. 

The source also said that the Trump defense team’s focus would be on how the former President told his supporters to go “peacefully and patriotically make your voices heard” on Jan. 6.  

After Democrats were criticized for not showing Trump using the “peacefully and patriotically” line during their evidence on Tuesday, impeachment manager Madeleine Dean included video evidence of it in her portion of Wednesday’s session.

Trump’s lawyers are expected to focus on this line during their defense.

Democratic senator says today's impeachment presentation was "emotionally difficult"

Senate Majority Whip Dick Durbin, a Democrat from Illinois, said he found today’s presentation “emotionally difficult.” He said the House impeachment managers made a case that former President Trump incited the mob that attacked the Capitol and that he “should bear responsibility.”

Durbin said he would leave to the House managers the question of witnesses, but said that there’s “been a lot of witnesses’ statements that’s been taken and put on the record.”

The Senate impeachment trial has resumed

The Senate is back in session after taking their first break of the day.

House impeachment managers will continue to present their case against former President Trump – it’s their last day to do so.

So far, managers have used video – some from as early as 2015 – to show how Trump’s behavior over the years has demonstrated a pattern of inciting violence.

They have also made the case that Trump’s lack of remorse is crucial to this impeachment trial. House impeachment manager Rep. Lieu said it showed that the former President “will undoubtedly cause future harm if allowed.”

House impeachment manager Rep. Dianna DeGette, meanwhile, used the rioters’ own words before, during and after attack to show that they believed they were acting as a result of Trump’s guidance.

The allegation of “incitement” is central to the impeachment case House Democrats are trying to make, because it ties Trump’s words and actions to the insurrection on Capitol Hill. Read more about the Democrats’ case against Trump here.

Trump’s defense will start their arguments tomorrow.

CNN’s Zach Wolf contributed reporting to this post. 

Despite evidence shown, Trump's lawyer denies rioters said they were following former President's orders

Trump Defense attorney Bruce Castor denied to CNN that rioters said they were ordered by former President Trump to do what they did – even though that has been a key part of the evidence Democrats have been presented.

“Did someone say that they heard directly from President Trump?” Castor said when asked for his reaction to the videos played.

“I don’t believe that’s what happened, no,” Castor said.

Earlier, one of Trump’s other lawyers David Schoen argued that the impeachment managers have failed to tie the Capitol attack on Jan. 6 to the former President. 

Trump's lawyer says trial "should be as short as possible"

During the House impeachment managers’ presentation to convict the former President, David Schoen, Trump’s defense lawyer, left the Senate chamber to appear on Fox News.

Schoen told the network, “this trial never should have happened,” and said his goal is to make it “as short as possible.”

Trump’s defense will take the Senate floor tomorrow as they begin their arguments against conviction. Each side has 16 hours spread over two days to make their case.

Schoen has indicated he will only take one day.

CNN’s Pam Brown has more:

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02:28 - Source: cnn

The Senate is taking a short break

The Senate has just paused for their first break of the day.

Today is the last day for House impeachment managers to present their case against former President Trump.

So far, managers have used video – some from as early as 2015 – to show how Trump’s behavior over the years has demonstrated a pattern of inciting violence.

They have also made the case that Trump’s lack of remorse is crucial to this impeachment trial. Impeachment manager Rep. Lieu said it showed that the former President “will undoubtedly cause future harm if allowed.”

The impeachment managers referenced this journalist's tweet about how dangerous the riot became

While highlighting the trauma that many present on Capitol Hill went through during the riot on Jan. 6, House impeachment manager Rep. David Cicilline highlighted a tweet thread posted by a CNN producer one month after the attack.

“There are countless people who are still living with the trauma of what happened that day. This includes, by the way, another group of people who were with us in the Capitol on that day, and that’s the press,” Cicilline said.

CNN producer Kristin Wilson recounts in the twitter thread the impact the Capitol riot had on her team of journalists.

“None of us should have feared for our lives. Not one,” she writes in one of the tweets.

Read her tweets:

House managers highlight Oath Keepers' conspiracy to attack Capitol

Impeachment manager Rep. David Cicilline mentioned the most prominent conspiracy case against members of the Oath Keepers, an extremist militant anti-government group whose members were involved in the Capitol insurrection.

During his remarks on the Senate floor he cited the burgeoning case against Jessica Watkins, Donovan Crowl and Thomas Caldwell, who stand accused by the Justice Department of elaborately planning to storm the Capitol on Jan. 6.

They face some of the most serious allegations to emerge from the far-reaching investigation.

Earlier on Thursday, federal prosecutors said they had evidence that Watkins “indicated that she was awaiting direction from President Trump.” The new assertion was the most direct language yet from the Justice Department linking Trump’s “stop the steal” rhetoric to actions of some of the insurrections.

Trump lawyer says the former President is "very upbeat"

David Schoen and Bruce Castor, lawyers for former President Donald Trump, arrive at the Capitol on the third day of the second impeachment trial of Trump in the Senate, Thursday, February. 11.

Trump’s lawyer David Schoen took a break as the House impeachment managers were trying their case on the third day of the Senate impeachment trial for an interview with Fox News.

Schoen told Fox that Trump is “very upbeat” and he doesn’t want to be associated with the violent incident. “He’s quite offended at trying to be tied into it,” he said. 

On criticism Trump’s other lawyer Bruce Castor has received for his performance the first day of the trial, Schoen said, Castor “got up the first day, he jumped right into it to respond to something that had been said and I think he’s been very, very unfairly maligned, frankly … let’s just see how this thing plays out.”

Asked about the No. 2 Senate Republican John Thune’s comments that the House managers did an “effective job” and were “connecting the dots” from Trump’s words to the insurrection, Schoen argued the videos shown were taken out of context and were presented as an “entertainment package.”

Schoen said tomorrow — when the defense team is expected to begin laying out their case — “is our opportunity” when “we start to present our case and to give answers.”

Asked if Trump’s team will finish their arguments tomorrow, he said. “we’ll see how that goes … there’s no reason for us to be out there a long time as I said from the start, this trial never should have happened.”

Trump's lack of remorse shows "he will undoubtedly cause future harm," Rep. Lieu says

Impeachment manager Ted Lieu explained why former President Trump’s lack of remorse is such an important factor in his impeachment trial, suggesting that “he will undoubtedly cause future harm if allowed.”

“President Trump expressed no regrets for last week’s violence insurrection at the US Capitol. This sends exactly the wrong signal to those of us who support the very core of our democratic principles and took a solemn oath to the constitution. It is time to say enough is enough,” Lieu said. 

Lieu explained that no one is saying a President cannot contest the election, “But what President Trump did, as his former chief of staff explained, was different. It was dishonorable. It was un-american. And it resulted in fatalities.”

Lieu went on to describe how Trump spent months inflaming his supporters ahead of the riot, saying he:

“President Trump’s lack of remorse shows that he will undoubtedly cause future harm if allowed because he still refuses to account for his previous high grave crime against our government,” Lieu concluded.

Remember: Conviction requires two-thirds of senators present to offer “guilty” votes. Normally, two-thirds is 67 senators, which would require 17 Republican votes.

If Trump is convicted, there would be a subsequent vote on whether to bar him from further office. This would require only a simple majority — that’s 50 votes.

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