Impeachment trial of President Trump

Rep. Hakeem Jeffries, a Democrat from New York, dug into some of the explosive text messages that were uncovered during the House inquiry.

Specifically, these text messages include conversations between:

CNN’s Zachary B. Wolf did a deep-dive into these texts when they were publicly released by House Democrats in October. They revealed how Volker met with Giuliani and later told Yermak that Zelensky would need to announce investigations that Trump wanted. (In this instance, Volker was talking about the potential probe into election-meddling in 2016, not the proposed investigation into Joe Biden.)

Jay Sekulow, President Trump’s private counsel, said that today’s case presentation has “opened the door” for the President’s defense team to discuss former Vice President Joe Biden and Burisma.

Asked about the possibility of witnesses, he said, “If we thought witnesses were not necessary, we would not bring witnesses ourselves. Unless we thought that there was a need for witnesses. If the other side were to get witnesses, we would have a series of witnesses. But we are nowhere near that process yet.”

Sekulow again laid out the potential time frame. Beyond the House managers’ presentations tomorrow, he said his team would go, but would not say how long their case would be.

The President’s defense team, he said, “will take the appropriate time to respond and present.”

That will be followed by 16 hours of questioning, then arguments on the motion regarding witnesses for four hours.

“So we’re going to get to know each other,” Sekulow joked.

Asked if he would defend President Trump’s conduct — specifically his phone call with the Ukrainian president — Sen. Ted Cruz refused to answer.

Instead the Texas Republican said “you asked a question last night, let me let someone else ask a question.” 

A New York Times reporter tried to follow up and Cruz wouldn’t take the question. 

He also said that House Democrats “threw a Joe Biden under the bus.”

Cruz said that as a result of Democrats “spending so much of their argument on Burisma that will force the media — many of whom have not wanted to cover this stuff — to actually discuss the very real and significant evidence of corruption of the former vice president’s son.” 

Massachusetts Sen. Elizabeth Warren urged Senate Republicans to call for witnesses and documents if they want to learn more about the Democrats’ impeachment case.

The Democratic lawmaker went on to say that she thinks the House managers are “doing such good job.”

Warren also touched on the bizarre “rule” in the Senate that only allows lawmakers to drink milk and water in the chamber during the trial. Warren confirmed she sipped on yogurt milk during the hearing.

“It’s like the buttermilk I grew up on,” she said.

Watch Dana Bash’s interview with Elizabeth Warren:

Sen. Joni Ernst, R-Iowa, accompanied by from left, Sen. Tim Scott, R-S.C., Sen. James Lankford, R-Okla., and Sen. John Barrasso, R-Wyo., speak to the media on January 22.

Republican senators Joni Ernst, James Lankford, Tim Scott and John Barrasso spoke with reporters during the trial break to criticize the presentations today from the House managers..

Ernst spoke with vigor and anger while holding a list of which House managers voted against or didn’t vote at all for different packages that included aid to Ukraine.

Barrasso, Lankford and Scott all discussed how the Democrats are just repeating information.

“Another day, seems like Groundhog’s Day in the Senate,” Barrasso said. “What we heard from the managers yesterday the day before is the same thing, day after day after day.”

Scott said Democrats have “literally bought into that premise that if you say it often enough, it must be true. We’ve heard the same story. Rinse it recycle it and repeat it.”

“Democrats are simply telling the same story over and over again with actual no basis in fact,” Scott added.

Lankford echoed Scott’s sentiments. CNN’s Mike Warren asked Ernst: Do you have any questions about the Trump administration’s temporary hold on Ukrainian aid that you need answered?

Ernst replied, “I don’t because it was a temporary hold and the President did release that. And please understand too, the aid, what was being held is for the next fiscal year..”

Asked if there was something the managers said that prompted her to come down to talk about this, Ernst replied: “I am super fired up.

House manager Jason Crow is a former Army Ranger.

The President’s legal team has been meeting at the White House every day around 11 a.m. ET since the trial started to go over what Democrats said the day before and to prep for their own opening statements, according to multiple people.

While President Trump was out of town, there were late night discussions with him on the phone but now that he’s back in town, he’s participating directly.

But he’s also on the phone regularly with outside allies, Republican lawmakers and Fox News hosts. After the session ended last night, Pat Cipollone, Trump’s attorney, did not stick around much later, telling his team he was going home to get some sleep after a late night the evening prior, according to sources.

Trump praised Cipollone’s rare display of emotion during the opening debate over amendments, though multiple people have privately cautioned that the White House counsel is expected to be the staid attorney in this dynamic, while senators will more likely expect a boisterous performance from his legal counterpart, Jay Sekulow.

Pat Philbin, who is deputy counsel, also earned praise inside the West Wing after he addressed the Senate floor Tuesday night. He and attorney Pam Bondi were not originally slated to speak, but the White House was a little caught off guard by how many amendments Democrats offered, so they sent other members of the team up to break up the arguments. 

It appears there has been little to no formal prep with attorneys Ken Star and Alan Dershowitz, according to multiple people. They have not been involved in the sessions on Capitol Hill, or seen in the White House, several people said. 

Later this week and next: Right now the White House expects to present for two days, not three, though a source cautioned that could change. Feeling comfortable Democrats will not have the votes to convict the President, the White House’s number one goal right now: make sure there are no witnesses. 

One person familiar says the legal team has also been preparing video clips they say will offer a counter-narrative to the clips shown by the Democratic managers. 

The Senate impeachment trial has resumed.

Senate Majority Leader Mitch McConnell indicated the trial could go until 10:30 p.m. ET.

Sen. Mazie Hirono, a Democrat from Hawaii, said the House managers “really presented a strong case why the President should be impeached.”

“What comes through really clearly for me is the President will find a country like Ukraine, which is so dependent on us, and to use such a country to do his bidding. You know, this is what a bully does,” she said.

“I am convinced by the evidence so far that what the President did is abuse of power,” Hirono added.

Asked about how House manager Jerry Nadler’s comments from the first night rubbed some moderate Republicans the wrong way, she said, “My Republican colleagues should be a hell of a lot more upset,” by what the President did.

Senate Minority Leader Chuck Schumer pushed back at a complaint from GOP senators that a fight over witnesses and documents could drag the trial on longer than anticipated.

Schumer said he’s “hopeful” that four Republicans who will join Democrats —giving them the 51 votes they need — and vote for witnesses and documents. 

What’s this about: CNN reports that a growing number of Republicans are pointing to President Trump’s threat to invoke executive privilege to make their case against subpoenas sought by Democrats for key witnesses and documents, a development that could bolster Senate Majority Leader Mitch McConnell’s goal for a swift end to the impeachment trial.

It’s dinnertime at the impeachment trial, and the Senate Democrats are eating barbecue.

Sen. John Cornyn told CNN that Republicans got pasta and meatballs.

“I try to eat a little lighter, because it’ll be a killer,” said Cornyn.

The dinner break is 30 minutes.

One question that continues to linger during the impeachment trial of President Trump is whether witnesses will be called to testify.

This question was raised by CNN’s Anderson Cooper tonight on Full Circle along with Laura Coates, a CNN legal analyst. Cooper wondered what were the chances that four moderate Republicans would vote to have witnesses questioned.

Earlier today: Sen. Susan Collins, a Republican from Maine, reiterated to CNN that she anticipates she will vote for witnesses and documents. 

“My response is the same as it was Tuesday, I’ve worked very hard to make sure we vote on witnesses and documents at the appropriate stage of the trial. The same as we did during President Clinton’s impeachment trial, the cases have been made by both sides, the questions have been asked. I tend to like information and would anticipate I would vote for more…,” Collins said.

Alaska Sen. Lisa Murkowski, a key GOP swing vote, says she’s undecided about backing a subpoena for key witness testimony or to force the White House to produce documents.

But when asked today if she had concerns about an executive privilege fight tying up the impeachment trial, Murkowski questioned the House Democrats’ decision to skip the courts because they wanted to avoid a drawn-out legal battle.

More on this: CNN reports that a growing number of Republicans are pointing to President Trump’s threat to invoke executive privilege to make their case against subpoenas sought by Democrats for key witnesses and documents, a development that could bolster Senate Majority Leader Mitch McConnell’s goal for a swift end to the impeachment trial.

A growing number of Republicans are pointing to President Trump’s threat to invoke executive privilege to make their case against subpoenas sought by Democrats for key witnesses and documents, a development that could bolster Senate Majority Leader Mitch McConnell’s goal for a swift end to the impeachment trial.

GOP senators are privately and publicly raising concerns that issuing subpoenas — to top officials like acting chief of staff Mick Mulvaney and former national security adviser John Bolton and for documents blocked by the White House — will only serve to drag out the proceedings. Plus, many say there’s little appetite for such a time-consuming fight, given that legal battles may ultimately not be successful and could force the courts to rule on hugely consequential constitutional issues about the separation of powers between the branches of government.

Remember: McConnell has little margin for error since it would take just four Republican defections to join with 47 Democrats in order to issue a subpoena. But his increased warnings that subpoenas could prompt an “indefinite” delay in the trial and get tied up in the courts has been gaining traction within his conference, GOP senators and aides told CNN.

Senate Majority Leader Mitch McConnell just announced that the senators would take a 30-minute break for dinner.

When they get back, House Democrats will resume their arguments.

CNN legal analyst Laura Coates is joining Anderson Cooper to answer your impeachment questions live at 6:30 p.m. ET.

Submit them here and tune in to get caught up on the impeachment trial. It will air at the top of your screen here.

This post has been updated. CNN’s Laura Coates is now appearing as a guest on Anderson Cooper Full Circle.

Rep. Hakeem Jeffries, one of the House impeachment managers, shared a lighthearted moment during the Democrats’ opening arguments when he joked about New York Yankees shortstop Derek Jeter being elected to the Baseball Hall of Fame.

The Democrat explained that he was stopped on his way to the office this morning by a fellow New Yorker who asked if he had heard about the “latest outrage” in Washington, DC.

He continued: “And I understand that House managers, we certainly hope we can subpoena John Bolton, subpoena Mick Mulvaney, but perhaps we can all agree to subpoena the Baseball Hall of Fame. To try to figure out who out of 397 individuals, one person voted against Derek Jeter. I was thinking about that as I prepared to rise today, because what’s more American than baseball and apple pie? What’s more American than baseball and apple pie?”

Jeffries then slowly moved into his opening arguments and thanked senators for allowing the House to present their case.

“We do want to thank you for your courtesy and for your patience and extending to us the opportunity to present our case with dignity to you and to the American people during this solemn constitutional moment,” he said.

Watch the moment:

House manager Val Demings framed the impeachment trial as being “about the American people” during her remarks this afternoon on the Senate floor.

Demings took shots at Trump who she said “stood to benefit from the abuse of office.”

“The only person who stood to benefit from the abuse of office and solicitation of these investigations was Donald Trump. The 45th President of the United States. A violation of public trust. A failure to take care that the laws be faithfully executed. But when it came down to choosing between the national interest of the country and his own personal interests, his reelection, President Trump chose himself,” Demings added.

A clip featuring Sondland played during the trial.

The House managers are relying heavily on video clips to make the case against President Trump. CNN tallied up all the soundbites that were presented at the trial yesterday.

Here’s a breakdown:

Democratic House manager Adam Schiff accused President Trump of lying about his reasons for asking Ukraine to investigate his political rivals. Trump has said that his requests were part of a good-faith effort to root out corruption in a nutritiously crooked country.

Schiff wasn’t buying it, and rhetorically asked the senators: “Are we to really believe that this is about fighting corruption?”

The House impeachment inquiry uncovered substantial evidence to undercut Trump’s explanation that he only asked Ukraine to investigate former Vice President Joe Biden because he was genuinely worried about foreign corruption.

A US diplomat testified that US Ambassador to the European Union Gordon Sondland told him that Trump does not “give a shit about Ukraine,” and cared more about the Biden probe.

CNN fact-checked Trump in October, when he said, “this is about corruption, and this is not about politics.”

Here’s a breakdown of Trump and his fight against “corruption”:

As day three of the impeachment trial continues, senators have been seen pacing the Senate chamber, doodling, and flicking fidget spinners.

Many senators were standing at their desks, but Sen. Bill Cassidy, a Republican from Louisiana, was spotted pacing around the whole GOP side of the chamber, walking back and forth around the edges for at least 25 minutes.

Sen. Rand Paul, a Republican from Kentucky, ditched the crossword, and spent time doodling what looked like the Capitol building. Sen. Ben Sasse, a Republican from Nebraska, peeled a clementine and ate it. 

Sen. Tom Cotton, a Republican from Arkansas, flipped a purple fidget spinner on his desk as other GOP senators watched.

Sen. Elizabeth Warren, a Democrat from Massachusetts, was seen stretching her neck, taking off her glasses and massaging the bridge of her before putting them back on. Sen. Dick Durbin, a Democrat from Illinois, leaned across an empty seat to whisper something to Sen. Chuck Schumer.

Sen. Richard Burr, a Republican from North Carolina, downed half a glass of milk on the Senate floor, while another half-full glass of milk was spotted on Democratic Sen. Tammy Baldwin’s desk. She was not observed drinking it, however.

House manager Adam Schiff, speaking on the Senate floor, said President Trump “is a president who truly feels that he can do whatever he wants.” 

On Trump’s requests for investigation by Ukraine, Schiff said, “That includes coercing an ally to help him cheat. In an election.” 

He added: “And if he’s successful, the election is not a remedy for that. A remedy in which the President could cheat is no remedy at all, which is why we are here.”

During his remarks this afternoon, House manager Adam Schiff cited multiple witnesses from the impeachment inquiry and their positions on President Trump’s request to Ukraine to investigate the Bidens.

Here’s a graphic that Schiff used to illustrate the witness testimony:

Eric Ueland, legislative director for the White House, said the defense will be ready to go when it’s their turn Saturday in the impeachment trial. 

Asked what his preferences were for structuring the defense, Ueland said, “I’ll leave that to Pat and Jay, but we’re very prepared.”  

About Trump’s defense team: The team is made of longtime Trump attorney Jay Sekulow and Pat Cipollone, the White House counsel expected to lead the defense.

The team is rounded out with Ken Starr, the famed independent counsel who made the last impeachment case, against Bill Clinton, and Alan Dershowitz, who represented OJ Simpson and Jeffrey Epstein.

The Democratic House managers accused President Trump of parroting Kremlin talking points, by accusing Ukraine of interfering in the 2016 election.

The Kremlin has pushed this conspiracy theory to deflect attention from Russia’s own meddling in the 2016 election, according to witnesses who testified in the House impeachment inquiry and classified intelligence briefings given to senators.

At today’s hearing, Rep. Adam Schiff said Trump was “pushing Kremlin talking points” on Ukraine.

This isn’t the only topic where Trump has aligned his public comments with Russian President Vladimir Putin. Since he entered the political arena, Trump has often broken from Republican orthodoxy and embraced Kremlin-friendly talking points, especially on foreign policy.

Here are two examples:

At one point during today’s proceeding, House manager Jerry Nadler played a video clip of Republican Sen. Lindsey Graham’s remarks during the Clinton impeachment in which he talked about his interpretation of what the framers of the Constitution meant by “high crimes.”

Why did he do this: According to CNN’s Phil Mattingly, Nadler is “trying to make the point to rebut” the Trump team argument “that because a crime was not committed he cannot be impeached.”

Mattingly reported that Graham was actually not in the chamber when Nadler played the recording, but a couple of Republican senators cracked some smiles. Sen. John Barrasso who sits next to Graham was seen patting the empty chair. When Graham returned “a couple senators were seen whispering to him about what had occurred.”

The broader point is that it appears the Democrats’ strategy is to, at times, cites Republican senators themselves. Mattingly points out these are “he same senators that are going to have to decide … whether or not to vote to remove the president.”

“They are playing to the audience, they are playing to the jury,” he adds.

Watch the moment:

Sen. Marsha Blackburn, a Republican from Tennessee, was spotted reading a book during the trial today.

She revealed on Twitter this afternoon what the book it is: Kimberley Strassel’s latest, “Resistance (At All Costs): How Trump Haters Are Breaking America.”

Senate Minority Leader Chuck Schumer said today that Democrats were going to hold firm and demand the four witnesses they want to testify and the four sets of documents.

He went on to say that they were “not whittling down” the list or “trading” witnesses.

Rep. Sylvia Garcia, one of the House impeachment managers, raised and then debunked the theory that President Trump says is at the heart of his efforts in Ukraine. 

On the July 25 phone call with Ukrainian President Volodymyr Zelensky, Trump asked Zelensky to do him a favor and look into, among other things, potential interference in the 2016 election and Vice President Joe Biden.

In breaking down the theory, Garcia noted that when Hunter Biden joined the board of Burisma in 2014, its owner was under investigation. The following year, Victor Shokin became Ukraine’s prosecutor general.

Later in 2015, Biden publicly called for Shokin’s removal. But as Garcia noted on Thursday, Biden was not alone in trying to get Shokin fired at the time.

Furthermore, when Biden called for Shokin’s removal, the case against Burisma was no longer active, Garcia noted.

“Although Shokin vowed to keep investigating Burisma amid an international push to root out corruption in Ukraine, he allowed the Burisma investigation to go dormant,” Garcia said. “That is when he was removed. He was not actively investigating Burisma.”

Garcia’s assertions are supported by Shokin’s deputy prosecutor, Vitaliy Kaso, who resigned in February 2016, a month before Shokin himself was fired. Kasko told Bloomberg that the case against Burisma was dormant by the time Shokin was removed, saying “There was no pressure from anyone from the US to close cases against Zlochevsky. It was shelved by Ukrainian prosecutors in 2014 and through 2015.”

You can read more about this here. 

Sen. John Cornyn arrives at the US Capitol as the Senate impeachment trial of President Donald Trump continues January 23.

Republican Sen. John Cornyn, a Republican from Texas, said “there’s been no attempt to coordinate” how the question and answer portion of the Senate impeachment trial will work.

“But everybody, I think, is trying to think of, okay what, what am I going to ask,” he added.

Sen. James Lankford also said they haven’t had a conversation about it yet – but will soon.

But, both Cornyn and Lankford explained how the portion went during President Bill Clinton’s trial and as of now assume that’ll be the case for President Trump’s trial. Senators submitted written questions and the Chief Justice sifted through them and grouped the questions. 

Ahead of the upcoming witness vote, Cornyn said he thinks maybe it’s starting to dawn on Republicans that if witnesses are requested and it goes to the court, “while this case is pending, we can’t do anything else.” 

The Senate impeachment trial has resumed.

During the break, CNN’s Jake Tapper discussed Rep. Sylvia Garcia’s presentation that just concluded, asking a panel of analysts if they thought it “would it have made her case stronger” if in her remarks about the Bidens she had acknowledged that Hunter Biden has said it wasn’t a smart idea to take the job with Ukrainian energy company Burisma.

CNN analyst Gloria Borger pointed out that what Hunter Biden did, while wrong, is “not relevant to the case.”

“I think she was trying to stick to the case at hand,” Borger said on Garcia’s presentation.

CNN’s John King said that Garcia made it clear “they wanted to spend some time defending Joe Biden before the President’s team prosecutes Joe Biden.”

King said that “the President’s team’s argument is that he had every right to ask for this investigation because he believed” the conspiracy theory that Ukraine meddled in the US election.

Watch more:

Jay Sekulow, one of President Trump’s attorneys, spoke with reporters moments ago to defend his client.

Sekulow added: “We’re going to use a sufficient amount of time to not only defend our case and point out the inconsistencies of their case, but we’re going to do it in an appropriate manner. We’re not going to try to run the clock out. We’re going to do what we think, what our legal team thinks, is appropriate to present our case.”

More on Sekulow’s role in the impeachment trial: Sekulow will serve as a prime-time-tested counterweight to Pat Cipollone, the White House counsel expected to lead Trump’s defense team. The team is rounded out with Ken Starr, the famed independent counsel who made the last impeachment case, against Bill Clinton, and Alan Dershowitz, who represented OJ Simpson and Jeffrey Epstein.

A litigator and media fixture for much of his career, Sekulow has argued 12 cases before the Supreme Court. His turn as a top defender on the Senate floor starting this week, however, will be his highest-profile role on the biggest stage to date.

Senate Majority Leader Mitch McConnell said the trial will take a 15-minute break. You can watch CNN’s live analysis above.

Rep. Sylvia Garcia, one of the Democratic House managers, went into detail about the debunked conspiracy theory that Ukraine tried to interfere in the US presidential election.

Garcia played several clips from US officials and witnesses dispelling the notion that Ukraine interfered in the election to help former Secretary of State Hillary Clinton — a theory that President Trump and his allies have pushed.

There is no evidence to support these claims. Ukrainian leaders may have hoped that Trump would lose in 2016, but there was no government operation to influence the US election.

Some background: US intelligence officials told senators in a classified briefing this fall that Russia engaged in a years-long campaign to push these theories, shifting the blame away from Moscow and onto Ukraine for interfering in the 2016 presidential campaign, according to two US officials familiar with the briefing.

At least nine witnesses in the impeachment inquiry testified that claims of Ukrainian meddling were fabricated by the Russians or unsupported by the evidence. Others said they weren’t aware of anything to corroborate Trump’s claims.

Most senators have been attentive in the first hour of today’s proceedings. Many of the members are taking notes and watching the video clips played by the Democrats.

Sen. Susan Collins picked up her pen to write down something after House manager Jerry Nadler argued the White House defense team is “completely wrong” in arguing that an impeachable offense must be a statutory one.

But there are exceptions. Around 1:45 p.m. ET, Sen. Rand Paul turned to glance at a clip of attorney Noah Feldman — who testified in the House during the impeachment investigation — before returning to his drawing of the Capitol.

And when Rep. Nadler cued up a Lindsey Graham clip, Sen. John Barrasso affectionately patted the arm of Graham’s chair. By then, Graham had already left the floor for the cloakroom. Graham came back to the floor around 1:58 p.m. Sen. Ben Sasse whispered something to him on his way in and Graham smiled. 

In arguing the legal basis for the abuse of power article of impeachment against President Trump, House Judiciary Committee chairman Rep. Jerry Nadler, one of the House impeachment managers, claimed, “All prior impeachment considered of high office have all included abuse of power.”

Facts First: Not quite. While abuse of power was among the articles of impeachment drawn up against Presidents Bill Clinton and Richard Nixon, it was not part of the 11 articles sent to the Senate for President Andrew Johnson. 

This is actually the first time the Senate has considered abuse of power as an article of impeachment against a sitting President. Abuse of power was not among the articles approved by the full House for Clinton. The full House never voted on the articles of impeachment against Nixon, since he resigned beforehand.

The President and his legal team have themselves inaccurately decried abuse of power as “made up.”

While there is precedent for abuse of power as an article of impeachment, it’s not true that all prior impeachments against the high office of President have included it.

House manager Rep. Sylvia Garcia, of Texas, has taken the podium to walk lawmakers through the first article of impeachment: abuse of power.

Democratic House manager Jerry Nadler said during his remarks today, “The Constitution is not a suicide pact.”

He added that the Constitution “does not leave us stuck with presidents who abuse their power in unforeseen ways that threaten our security and democracy.”

These remarks came as Nadler laid out the Democrats’ case that President Trump abused his power.

In his remarks, Nadler targeted one of the Trump defense team’s arguments that abuse of power is not an impeachable offense.

“There is thus overwhelming authority of against restricting impeachments to violations of established or statutory law,” Nadler said.

Rep. Jerry Nadler, one of seven Democratic House impeachment managers, detailed in his opening statement today the evidence against President Trump to support the charge of abuse of power.

Nadler went on to describe why they’ve brought forward two articles of impeachment against Trump.

“First, he withheld the release of $391 million in vital military assistance appropriated by congress on a bipartisan basis which Ukraine needed to fight Russian aggression. And second, President Trump withheld a long-sought-after White House meeting which would confirm to the world that America stands behind Ukraine in its ongoing struggle,” the New York Democrat said.

Watch for more:

Sen. Joni Ernst, a Republican from Iowa, said the presentation by Democratic House managers isn’t budging Republicans.

She added: “I think we’re still waiting to see the overwhelming evidence and once we see that maybe it will convince us that more information is needed, or not. We don’t know, because I haven’t had that presented yet.”

The senators were a little late today. At 1 p.m. ET, there were dozens of empty seats in the chamber.

Georgia Sen. David Perdue joked to Utah Sen. Mitt Romney that he thought 1 p.m. meant 1 p.m. Around 1:10 p.m., Sen. Lindsey Graham was the last one to get to his desk.

Within the first 20 minutes of Rep. Jerry Nadler’s remarks, Sen. Richard Burr removed his papers from his desk and spun a blue fidget spinner.

Sen. Tom Cotton has a purple one on his desk and Sen. Pat Toomey has a white one.

Burr’s spokesperson said that he brought an assortment pack of fidget toys for his conference, including fidget spinners and stress balls.

Burr was in charge of the lunch Senate GOP lunch today and provided the goodies for senators when they arrived along with the food.

CNN saw Sen. Thom Tillis walk onto the Senate floor with a fidget spinner earlier. 

Minutes into the third day of the impeachment trial, President Trump is tweeting about trading witnesses.

Read his tweet:

What’s this about? Witness trading is the idea of agreeing to bring forward witnesses Democrats want to hear from, like John Bolton, in exchange for also bringing forward witnesses Republicans want to hear testify, like Hunter Biden.

House manager Rep. Adam Schiff panned the idea yesterday, saying, “This isn’t a fantasy football trade.”

Sen. Susan Collins reiterated to CNN today that she anticipates she will vote for witnesses and documents. 

Democratic House managers will be laying out their case against President Trump over the next two days before senators.

They’ve laid out a plan to detail the two articles of impeachment against Trump, according to a Democratic official working on the trial said in a written statement. 

Here’s how it will go down:

Senators and aides in each party say there is an effort in the works to hold a short, morning-only impeachment trial session on Saturday to hear the beginning of the opening arguments from President Trump’s defense counsel and then allowing senators to leave town for the weekend.

The plan is not finalized but seems to be gaining steam as word of it circulates through the Republican and Democratic caucuses.

The plan would need unanimous consent from all senators. But after a long few days stuck in the Senate chamber, the idea struck many as perfect. 

For Democratic candidates running for president, it would allow them to dash to Iowa or New Hampshire for some much-needed campaigning after being hold up in DC for several days.

For everyone else, it might be a time to catch up on some sleep after several late nights.

An early start is possible, in part, because Chief Justice John Roberts would not need to do his day job presiding over the Supreme Court on a Saturday, something he’s done all week before presiding over the impeachment trial in the afternoon and into the night.

One senator told CNN that Roberts is amenable to the plan. 

Senate Majority Leader Mitch McConnell laid out today’s trial schedule, which is similar to yesterday’s.

The Senate will take short breaks every two or three hours, and at some point, take a 30-minute recess for dinner, he said.

About today’s hearing: Democratic House managers are resuming their opening statements. They have 24 hours over the course of three days to deliver their arguments.

Senate Chaplain Barry Black opened today’s hearing with a prayer and a bit of advice to senators: “Listening is often more than hearing.”

Black continued: “May our senators not permit fatigue or cynicism to jeopardize friendships that have existed for years. At every decision point throughout this trial, may they ask, which choice will bring god the greater glory?”

The Senate just gaveled in for the third day of the impeachment trial of President Trump.

Democratic House impeachment managers will continue to give their opening arguments. They get 24 hours over the course of three days to make their case, and this will be their second day.

After the House Democrats have finished making their opening arguments, Trump’s defense team will get 24 hours over three days to make their case.

Republican Sen. Lamar Alexander, a retiring institutionalist and Mitch McConnell ally who is thought to be a swing vote, said he hasn’t made a decision yet on voting for subpoenas for witnesses or documents.

Asked if additional documents could help his decision making process, the Tennessee Republican said, “There’s no way to tell that. I think we are doing in exactly the right order… first we are hearing the case .. and then if we need more evidence, we have a right to vote for it. I’ll make a decision when we get to that point.”

GOP Sen. Lindsey Graham explained why he praised Adam Schiff last night, saying he thought the House impeachment managers delivered a good presentation.

What this is about: Graham congratulated Schiff, the lead House impeachment manager, on a job well done after day two of the Senate impeachment trial, according to one Democratic senator who saw the exchange.

But today, Graham also argued it was only half the story, and again raised questions about Hunter Biden, Joe Biden and Burisma, saying no one has looked at whether there was a conflict of interest. He said though that he didn’t want them to be called as witnesses.

“There are a bunch of people on my side” who want to hear from the Bidens, he said, but said he won’t vote for it because he wants the circus of the trial to end “sooner rather than later.”

There’s no evidence of wrongdoing by either of the Bidens.

When asked if she had concerns about an executive privilege fight tying up the impeachment trial in the courts, Sen. Lisa Murkowski questioned why the House didn’t go to court itself. 

House Democrats, who launched the impeachment investigation, have said they moved forward with the articles of impeachment without waiting on court orders for additional witnesses because the process could take too long with the looming 2020 presidential election.

Murkowski added that it was still only after day one and wouldn’t get into any more details on her thinking.

Republican Sens. James Lankford and Thom Tillis both defended President Trump after House managers laid out in meticulous detail his conduct that led to his impeachment.

Lankford said House managers were detailing “policy issues” like firing former US Ambassador to Ukraine Marie Yovanovitch. He said that Trump was merely “frustrated” about facing the Russia investigation and was acting appropriately.

He also said when asked about a subpoena for former national security adviser John Bolton or acting chief of staff Mick Mulvaney that doing so would stretch out the trial to two to five months — rather than two to five weeks.

Remember: It’s unclear what Lankford’s evidence is that a subpoena would stretch the impeachment trial into months.

Sources in communication with Senate majority Leader Mitch McConnell have said he wants this trial to last about 10 days. Under the current schedule laid out in the trial rules, if there’s no witnesses or documents subpoenaed, the Senate could vote to acquit Trump by Jan. 31.

When asked if he had any concerns with Trump’s conduct, Sen. Tillis, who is up for reelection this year, said:

Sen. Mitt Romney, one of three Republican senators who have signaled support for subpoenaing witnesses and documents, is staying mum on his thoughts about the Senate impeachment trial. He declined to get into specifics when pressed by reporters this morning.

“I’m really not going to comment on evidence or the process until the trial is completed,” he said when asked about the possibility of the President invoking executive privilege over witnesses.

Some background: 51 senators would need to vote to allow witnesses and documents at the impeachment trial. If all 47 senators who caucus with the Democrats vote to have witnesses and evidence, they still need four Republicans to join them.

Democratic Sen. Kamala Harris, who formerly was California’s attorney general, said the impeachment trial “is not a television show” and must focus on facts — not entertainment.

“There’s no question that a trial requires that we focus on facts. That’s just the nature of this. This is not a television show. And it shouldn’t be thought of, or judged, based on the standard of what is entertaining television,” she told CNN’s Dana Bash.

She added:

Watch here:

Sen. Lisa Murkowski, a key GOP vote, just gave a brief assessment of the House managers’ first day presentation.

CNN asked if they made the case for additional evidence, and Murkowski said: “There was certainly a lot of repetition,” before she ducked into the Senate recording studio.

Why Murkowski matters: She’s one of three GOP senators — alongside Susan Collins and Mitt Romney — who have signaled they will likely vote to consider witnesses and evidence.

If all 47 senators who caucus with the Democrats vote to have witnesses and evidence, they still need four Republicans to join them.

Senate Minority Leader Chuck Schumer said the case House managers are laying out bolsters the need to hear from witnesses at trail.

Schumer introduced a series of amendments when the Senate debated the rules of the trial, requesting subpoenas for witnesses and documents. All of his amendments were tabled — or effectively killed — and Republicans have said they will consider adding witnesses after the opening arguments.

Watch here:

Senate Minority Leader Chuck Schumer praised Rep. Adam Schiff and the other impeachment managers on their opening arguments yesterday when they laid out the case against the President.

Here’s how Schumer described it:

The managers — the seven Democrats prosecuting the case against Trump — have 24 hours over the course of three days to lay out their case. Today will mark their second day.

“It has been only one day, but House managers are setting the bar very high for the President’s counsel to meet,” Schumer added. “At this point I’m not sure how the president’s counsel as unprepared, confused and tending towards conspiracy theories as they have been can clear it.”

Watch here:

Sen. Tom Carper, a Democrat from Delaware, said it’s his 73rd birthday today, and to celebrate before a long day of the impeachment trial, he began the day with a five-mile run to the Lincoln Memorial to get some inspiration.

When asked about some senators not being in their seats, Carper said, “for the most part people are behaving well.”

The TV footage you’ve been seeing of the impeachment trial is coming from cameras controlled by the Senate itself. Those cameras have been focused on the front of the Senate, where House Democrats have been making their case against President Trump.

The cameras haven’t shown a lot of the Senate floor. But sketch artist Bill Hennessy has been in the room, drawing the scenes you can’t see on TV.

Hennessy said the mood over all is “pretty serious” and “fairly tense” — but senators have gotten restless as the trial has progressed.

After a few hours of trial yesterday, “there were a lot of empty seats and some were standing, just standing behind their seats or wandering about, and then it seemed a lot of them kind of wandered out,” he said.

Watch here:

President Trump’s impeachment trial continues in Washington today, but The Brief’s Bianca Nobilo has been keeping track of the day’s headlines outside Capitol Hill.

Here’s what you need to know:

Watch more:

As House managers argue intensely about the need to hear from key witnesses at the Senate trial, a source familiar with the process tells CNN that the President’s allies are already working hard behind the scenes to lobby wavering GOP senators to oppose any witnesses.

This effort includes calls from members of the President’s team and allies on Capitol Hill. They’re also identifying people that the senators trust and respect from a wide variety of places, including back home, and getting them to call.

The specific arguments against witnesses vary depending on who the senator is and what their concerns are, CNN is told.

Remember: 51 senators would need to vote to have witnesses at trial. If all 47 senators who caucus with the Democrats vote to have witnesses, they still need four Republicans to join them.

GOP Sens. Susan Collins, Lisa Murkowski and Mitt Romney have signaled they will likely vote to consider witnesses and evidence.

If all 47 senators who caucus with the Democrats vote to have witnesses and evidence, they still need four Republicans to join them.

The three had nothing to say, substantively, about the first day of the House manager presentation. That’s unlikely to change any time soon, as all three plan to keep their observations quiet until after the presentations are complete. 

The question remains: Who, if anyone, is the fourth? 

The only TV coverage of the impeachment trial so far has been from cameras controlled by the Senate itself.

That means the public hasn’t actually seen many of the senators, the gallery overlooking the Senate or other parts of the chamber during the trial. But Sketch artist Bill Hennessy has been in the Senate chamber.

He’s capturing the moments the TV cameras haven’t shown, like when a protester briefly interrupted the trial last night:

Or the senators who have gotten up from their seats to stand in the rear of the chamber:

Here’s Sen. Marco Rubio during the trial on Tuesday:

Today marks the third full day of the Senate impeachment trial of President Trump. House impeachment managers, the Democrats who are prosecuting the case against Trump, will continue to lay out their case.

Here’s what to watch today:

Two sources in communication with Majority Leader Mitch McConnell say he wants this trial done in about 10 days.

It’s possible the trial could warp up that quickly — but there’s a big caveat here: Both sides, which get 24 hours over the course of three days each, can yield time back, so that could change the time frame.

And if there’s a majority vote to subpoena witnesses or documents, that could change things as well.

The Democrats had their first of three days of opening arguments yesterday. If all 24 hours allotted to each side for opening arguments are used, here’s how the schedule could play out:

Today will be the House impeachment managers’ second of three days to present their case on the Senate floor.

To those who have watched every twist and turn and development and “bombshell” and “dude” and whatever other description that may exist of the last four months of the impeachment investigation: this isn’t about you. It’s just not.

These three days are designed to make a case, and create the environment to win votes in the days ahead. Today, that will mean a deep dive into the first article of impeachment: Abuse of Power. 

Here’s the bottom line: The House managers’ presentation is about the small group of senators who may vote to hear from witnesses or subpoena documents. It’s about a public that may have tuned out.

That’s what these three days, according to people involved with the House presentation strategy, are all about. And success will be measured by whether the presentation lands with those two groups, and probably nobody else. 

The impeachment trial of President Trump enters its third day today, and opening remarks from the House impeachment managers will continue later today.

Here are where things stand now: