The Senate voted that the second impeachment trial of former President Trump is constitutional despite calls from his lawyers and some Republicans to dismiss proceedings.
The House impeachment managers showed footage of the Capitol riot during today’s debate and charged that Trump is culpable for inciting them.
The Democrats will have up to 16 hours spread over the next two days to make their case in the Senate to convict the former President.
Our live coverage has ended for the night. See how the day unfolded in the posts below.
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Key takeaways from the first day of Trump's impeachment trial
After the lengthy debate, the Senate voted that the trial was constitutional. The 56 to 44 vote, however, showed why there’s little path for the House managers to obtain the two-thirds majority needed for conviction, as all but six Republican senators voted for a second time that the trial was unconstitutional because Trump is no longer president.
In case you missed it, here’s what you need to know about today’s proceedings:
The vote on the trial’s constitutionality: Six GOP senators voted with Democrats on the question whether the impeachment trial against Trump was constitutional. It was the second time such a vote was taken after Sen. Rand Paul, a Kentucky Republican, forced a vote on the same question last month. Louisiana Sen. Bill Cassidy emerged as the sole Republican today to switch his vote after that initial vote on constitutionality.
Video footage of Capitol riot shown: Rep. Jamie Raskin of Maryland, the lead House impeachment manager, opened his presentation with a video showing disturbing footage of how protesters overran police and ransacked the Capitol, forcing lawmakers in the House and Senate to flee their chambers. The video was spliced with Trump’s speech on Jan. 6 ahead of the riots, showing the crowd’s reaction to Trump as he urged them to head to the Capitol. “If that’s not an impeachable offense, then there’s no such thing,” Raskin argued.
Trump’s defense offered a wide-ranging response: The initial presentation from the defense team offered a Jekyll-and-Hyde-esque response to the impeachment charge, with Trump attorney Bruce Castor praising the managers for a presentation that was “well done” and attorney David Schoen following by slamming Democrats for trying to tear apart the country. Schoen was supposed to present first, not Castor, according to two people familiar with the plan. But Castor told the Senate that Trump’s legal team “changed what we were going to do on account that we thought that the House managers’ presentation was well done.”
What happens next: House managers will have 16 hours over two days to make their presentation beginning Wednesday, followed by two days for Trump’s lawyers. Senators will then have four hours to ask questions submitted in writing to both sides, and the Senate could debate and vote on whether to subpoena witnesses, though it remains unclear whether any will be sought at trial.
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Senators were shown Capitol riot footage during today's trial. Here's how they felt reliving those scenes.
From CNN's Ali Zaslav
Former President Trump’s second impeachment trial hit close to home as senators watched a video montage of what happened in their own chamber —and inside the US Capitol when a pro-Trump mob violently stormed the US Capitol complex on Jan. 6.
The House impeachment managers showed a horrific video montage of the riots during their arguments on Tuesday, which some senators said brought them back to the day and the incredible danger they were all in.
When asked about the video montage, GOP Sen. Mike Braun said, “I don’t think you ever get desensitized to that.”
The Indiana Republican then recounted his personal experience during the riots, saying, “I was actually walking through the hallways when all that occurred. [Sen.] John Thune was running the opposite direction. Capitol Police that were with him said, ‘Get back to your office and lock yourself in the door.’ You never forget something like that.”
Democratic Sen. Ben Ray Lujan told reporters that watching the video reminded him of “the danger everyone in the Capitol was in.”
The New Mexico senator recalled the events that unfolded in the very room the trial is being held.
“For me to see with my own eyes the Vice President of the United States rushed out when I did, after I only heard the mob getting louder and louder and then to see the officers that came in again with long guns on the Senate floor to guard Mr. McConnell,” Lujan said referring to then Senate Majority Leader Mitch McConnell. “And then to be told this is a safe room: Don’t worry, calm down, and then the staff was brought in and then the press was trying to figure out what’s happening up in the gallery. And then moments later, to be told: shots were fired in the Capitol, get them out of here, move them out.”
Democratic Sen. Debbie Stabenow said the video montage was “more impactful” than she thought it would be.
“I found myself at points nervously looking up in the gallery,” the Michigan Democrat told reporters. “There were a couple of times where there were noises of something in the back, somebody dropping something and I noticed colleagues turning around, you know, a little bit on edge, watching all of that again.”
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Republican senator: Trump's legal team was not "very well prepared"
From CNN's Josiah Ryan
Republican Sen. Kevin Cramer said former President Trump’s legal team seemed disorganized and ill-prepared in their presentation on the first day of proceedings in the impeachment trial.
Cramer said Trump’s lawyers seemed to be thrown off by the arguments presented by the House impeachment managers.
The Republican pointed out that managers realized they likely had secured enough to settle the question of whether the trial should go on, and had begun to argue their case in favor of the former President’s guilt, deploying a 13-minute emotional video along with a personal appeal.
“I think that threw Mr. Castor off a little bit, quite honestly,” Cramer told Burnett, referring to Bruce Castor, an attorney for Trump.
The Senate voted 56-44 that the impeachment trial is constitutional.
“And then of course it wasn’t until about the 90th minute that Mr. Schoen got to the actual text of the Constitution which dealt with the question of jurisdiction,” he continued, referring to David Schoen, another of the former President’s attorneys. “…I think they were thrown off frankly, I think they were unprepared.”
Cramer said he believe both sides “made relevant points to what’s next.”
House managers will now have 16 hours over the next two days to present their case, followed by two days for Trump’s lawyers.
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See sketches from the first day of Trump's impeachment trial
Audiences can’t see the entire chamber during the impeachment proceedings, as cameras are controlled by the Senate and present a selective view.
While the House managers and Trump’s lawyers were speaking, for instance, the camera had a head-on shot of them only.
Here’s a look at what Hennessy observed today:
One senator finds time to read newspaper during the impeachment trial
Bill Hennessy
Bill Hennessy
Sen. Mitt Romney, a Republican from Utah, stops to talk to Sen. Ted Cruz, a Republican from Texas, at today's impeachment trial.
Bill Hennessy
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CNN's Political Briefing podcast breaks down the emotional first day of the trial. Listen here.
CNN political director David Chalian breaks down day one of former President Trump’s second impeachment trial, where the constitutionality of trying an ex-president was up for debate.
We saw some convincing arguments and moving speeches on the Senate floor today… and some bizarre, incoherent speeches as well.
Overall, it was an emotional day at the Capitol as senators were forced to relive the violent events that took place on Jan. 6.
Listen to the latest episode of CNN’s Political Briefing here
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Source close to Trump's first impeachment team says they had a "different level of experience"
From CNN's Jim Acosta
A person who worked closely with the first Trump impeachment team said you can’t really compare the former President’s current group of lawyers with the attorneys who represented Trump at his first impeachment trial.
The source noted Trump’s first team featured the likes of Clinton impeachment veteran Ken Starr, Harvard professor Alan Dershowitz, former Florida attorney general Pam Bondi, and Jay Sekulow, who has experience arguing before the Supreme Court.
Some background:Trump’s office announced last week that David Schoen and Bruce L. Castor Jr. would head the legal team for his second impeachment trial, a day after CNN first reported that five members of his defense left and his team effectively collapsed.
Schoen was on the team of lawyers representing Roger Stone in the appeal of his conviction related to issues the former Trump adviser took with the jury. Castor, meanwhile, is a well-known attorney in Pennsylvania who previously served as Montgomery County district attorney.
Earlier today, Dershowitz, who served on Trump’s impeachment defense team during last year’s trial, blasted Castor for his opening remarks during today’s impeachment proceedings, telling Newsmax, “I have no idea what he’s doing.”
CNN’s Caroline Kelly contributed reporting to this post.
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Lead impeachment manager on GOP senators who joined Democrats on vote today: "People's minds are open"
From CNN's Annie Grayer
J. Scott Applewhite/AP
Rep. Jamie Raskin, the lead House impeachment manager, told reporters that one more Republican senator joining to vote with Democrats today shows “people’s minds are open.”
Raskin was initially asked if he was disappointed that so few Republicans joined Democrats to vote on whether the impeachment trial against former President Trump was constitutional.
Raskin flipped the narrative and said that getting one more Republican senator than the five who joined Democrats against GOP Sen. Rand Paul’s motion at the end of January showed that not all minds are made up.
Sen. Bill Cassidy, a Republican from Louisiana, was the only GOP senator to change his vote on the constitutionality of the trial. Cassidy previously voted in favor of Paul’s motion that impeachment after Trump left office is unconstitutional.
Raskin was also asked to react to Trump lawyer Bruce Castor saying the defense legal team switched up their order of speakers after the House impeachment managers did such a good job with their opening statements.
“That is a very kind remark,” Raskin said of Castor.
Asked if he thinks he can sway enough Republican senators to believe that the trial is constitutional, Raskin said, “We haven’t started the evidence yet, but we’re starting tomorrow.”
“I have faith that 100 senators are going to do their jobs as jurors sworn to render impartial justice,” Raskin said when pressed again on whether he thinks there is a chance.
On whether he expects the House impeachment managers will use the full 16 hours allotted to them, Raskin said, “We returned 33 minutes today and we hope to maintain the cogency of our presentation.”
Reporting in this post was also compiled from pool reports.
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Masks are expected but not required during the impeachment trial, officials say
From CNN's Ali Zaslav and Lauren Fox
Masks will not be requiredon the Senate floor during former President Trump’s second impeachment trial amid the ongoing coronavirus pandemic, but the expectation is that the House impeachment managers and Trump’s defense lawyers will wear masks unless they are speaking at the podium, according to a Senate official familiar with the planning.
As for senators, mask-wearing as usual is not mandatory in the Senate. But almost all senators and staffers have complied with the Centers for Disease Control and Prevention’s guidance to wear masks during the pandemic on the Senate floor and around the US Capitol office complex, with the exception of Republican Sen. Rand Paul.
The Kentucky senator is often seen maskless around the Capitol and on the floor, arguing he’s immune after having Covid early last year. It’s still unclear if those who have had coronavirus remain immune to the virus. Other senators, however, who have had coronavirus and/or been vaccinated for the disease still wear masks.
Senators also aren’t required to sit at their desks during the entire impeachment trial. There is some flexibility because of the pandemic.
“To accommodate social distancing during the trial. There will be seats reserved for senators so they do not have to sit at their desk on the Senate floor the entire trial,” a senate official familiar w the planning said.
That official said members may be in the public gallery, which is closed due to Covid-19 and the “marble room,” which is just off the Senate floor where the trial will be shown on television.
While these precautions will mean some members will not be at their desk during the trial, senators will still need to be on the Senate floor to vote.
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GOP Sen. Rubio calls trial "absurd" and says Trump should be tried as a private citizen
From CNN's Manu Raju
Sen. Marco Rubio talks with reporters as he leaves after the first day of the second impeachment trial of former President Donald Trump on Tuesday, February 9.
Susan Walsh/AP
Florida GOP Sen. Marco Rubio criticized the Senate trial and said, “I believe it is absurd” to be having a trial of a former president. He said it would be different if the president been reelected and was still in office.
When asked if he believes Trump was responsible for the riot, Rubio said, “I hold responsible the people who did it. I believe that the things leading up to it that were foreseeable – that you invite that all these people to the city, some element of that, ginned up appropriately could lead to something bad.”
He also seemed sympathetic to Trump defense attorney Bruce Castor.
“I thought he did probably the best he could have done given the four or five day preparation time. And it’s a tough forum to be in front of,” he said.
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Trump attorney Bruce Castor: "I thought we had a good day"
From CNN’s Hill team
Bruce Castor, defense attorney for former President Donald Trump, departs the US Capitol following the first day of the second impeachment trial of former U.S. President Donald Trump on Tuesday, February 9, in Washington, DC.
Sarah Silbiger/Getty Images
Bruce Castor, one of former President Trump’s lawyers who is facing mounting criticism for his performance during opening arguments at the impeachment trial today, told reporters, “I thought we had a good day.”
Asked if he expects any adjustments to be made to the legal strategy after today, Castor said, “No, I set up the outline a week ago and it will not change.”
Castor did not engage when a reporter asked him to address the growing list of Republicans who have criticized his time on the floor today and instead reiterated, “I thought we had a good day, thank you.”
On what he made of GOP Sen. Bill Cassidy being the additional Republican to join Democrats in the vote today that established the impeachment trial as constitutional, Castor said, “I don’t make anything of it.”
But, giving a benchmark that would be a cause for concern, Castor said, “If it leaks, down to 34, then I’ll start to worry.”
On why he spoke first today, which switched the original order of speakers, Castor said, “Well, weren’t you listening? I said during the speech why we change things around.”
Trump’s other lawyer David Schoen was supposed to present first, not Castor, according to two people familiar with the plan.
Castor said at the close of his remarks today that the reason the switch was made was the result of the House managers doing such a good job.
“I’ll be quite frank with you. We changed what we were going to do on account that we thought that the House managers’ presentation was well done,” Castor said earlier on Tuesday.
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Fact check: Castor's claim that Trump can't be impeached since he's out of office is misleading
From CNN's Tara Subramaniam
On the first day of former President Trump’s second impeachment trial, his lawyers spent much of their allotted time arguing against the constitutionality of the trial. At one point, Bruce Castor Jr. claimed that the Senate impeachment trial was unconstitutional because Trump is no longer in office.
Stating that “The judgment in cases of impeachment i.e. what we are doing, shall not extend further than removal from office,” Castor argued it was unconstitutional to try Trump’s impeachment because “[t]he object of the Constitution has been achieved” since Trump is already out of office.
Facts First: This is misleading.
The “object of the Constitution” and the judgment which Castor references do not include just removal from office. Article 1 Section 3 of the Constitution states that “Judgment in Cases of Impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.”
Because the Constitution outlines two judgements in cases of impeachment, it’s misleading at best for Castor to argue that the object of the Constitution has been achieved solely because Trump is no longer in office. Though Castor quoted the relevant section of the Constitution in full earlier in his remarks, he inaccurately characterized it in his argument for unconstitutionality.
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GOP senator says he changed his vote after Trump's team did not make a "compelling, cogent" case
Republican Sen. Bill Cassidy, the only GOP senator to change his vote on the constitutionality of former President Trump’s impeachment, said he made his decision after Trump’s legal team did not make a compelling argument.
“If you listen to it, it speaks for itself. It was disorganized, random. They talked about many things, but they didn’t talk about the issue at hand,” he said after the vote on the Senate floor on Tuesday.
When asked about the video of the riot at the US Capitol that the House impeachment managers showed during their arguments, Cassidy responded that it “wasn’t the issue at hand,” adding, “it speaks for itself. That’s drama enough. That’s not why I made my decision.”
“The issue at hand is is it constitutional to impeach a president who has left office and the House managers made a compelling, cogent case – and the President’s team did not,” he said.
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Fact check: Castor inaccurately suggests "high Crimes and Misdemeanors" must be criminal offenses
From CNN's Daniel Dale
The Constitution says presidents can be impeached for “Treason, Bribery, or other high Crimes and Misdemeanors.”
Trump lawyer Bruce Castor, Jr.suggested Tuesday that “high Crimes and Misdemeanors” must be “criminal” offenses, urging the Senate to “understand” that “a high Crime is a felony and a Misdemeanor is a misdemeanor; the words haven’t changed that much over the time.”
While there is no definition of the phrase in the Constitution, which leaves it up to Congress to determine what qualifies, there is a long history of the phrase being interpreted by Congress to include abuses of the public trust that did not necessarily violate a criminal statute.
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Republican senator gives tough criticism of Trump's defense attorney
From CNN's Manu Raju
US Senator John Cornyn speaks to the press before the start of the trial of former US President Donald Trump on Tuesday, February 9.
Nicholas Kamm/AFP/Getty Images
GOP Sen. John Cornyn told reporters after today’s impeachment proceedings that former President Trump’s defense team was “not one of the finest I’ve seen.”
“And then I thought the President’s lawyer, the first lawyer, just rambled on and on and on and didn’t really address the constitutional argument. Finally the second lawyer got around to it, and I thought, did an effective job,” he said.
Attorney David Schoen, who spoke second, was supposed to present first, not Bruce Castor, according to two people familiar with the plan.
As he closed his opening argument, Castor said they changed the order because the House managers did such a good job.
Six GOP senators voted with Democrats, establishing that the impeachment trial is constitutional despite calls from some Republicans to dismiss proceedings, but Cornyn was not one of them.
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Trump unhappy with his attorney's performance, sources say
From CNN's Kaitlan Collins
Former President Trump was unhappy with Bruce Castor’s opening argument on the Senate floor this afternoon, according to two people familiar with his reaction.
Trump was almost screaming as Castor made meandering arguments that struggled to get at the heart of his defense team’s argument, which is supposed to be over the constitutionality of holding a trial for a president no longer in office.
Given the legal team was assembled a little over a week ago, it went as expected, one of the sources told CNN. Trump’s allies were flabbergasted when Trump’s attorneys switched speaking slots at the last minute.
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The perpetrators of the Capitol riot "should be prosecuted to the full extent of the law," says Sen. Romney
From CNN's Kristin Wilson
J. Scott Applewhite/AP
Sen. Mitt Romney, a Republican from Utah, said the video presentation aired in the senate chamber by the House managers showed that the riot that occurred on Jan. 6 was “reprehensible and vile” and that the perpetrators should be prosecuted.
Ever polite, Romney said both sides did a good job laying out their arguments in today’s presentations.
“I think they both did a very fine job laying out the pros and cons of constitutionality,” he said. “I continue to be convinced by the preponderance of the scholarly opinion that it is constitutional to carry out a trial of an official after they left office. In this case, the President was impeached prior to leaving office. That to me is relevant and the trial continues after he’s left office.”
Romney was asked whether he thinks the constitutionality vote – where six Republicans voted with Democrats – is a predictor of how a final verdict will look.
“There’s no way I can predict that,” he said.
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How a Trump team adviser described his legal team's messy opening day
From CNN's Jim Acosta
An adviser to former President Trump’s team offered a candid assessment of the messy opening day for the former president’s impeachment team.
Part of the problem for Trump, the adviser said, is that the ex-President had some trouble in assembling a legal team for the Senate trial, noting his first group of lawyers bailed on him.
The adviser said Trump could be in serious jeopardy if he finds himself charged in criminal court, given his inability to attract a high-powered legal team for the impeachment trial.
The adviser responded to the incoherent presentation from defense attorney Bruce Castor, saying, “What the hell is going on?”
A separate senior adviser to Trump insisted that Castor was attempting to lower the emotional temperature in the Senate before attorney David Schoen began his presentation.
“This is about lowering the temperature following the Democrats’ emotionally charged opening, before dropping the hammer on the unconstitutional nature of this impeachment witch hunt,” the adviser said.
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This GOP senator changed his vote on the constitutionality of Trump's impeachment
From CNN's Manu Raju
Sen. Bill Cassidy
Susan Walsh/AP
Sen. Bill Cassidy, a Republican from Louisiana, was the only GOP senator to change his vote on the constitutionality of former President Trump’s impeachment.
Cassidy previously voted in favor of GOP Sen. Rand Paul’s recent motion that impeachment after Trump left office is unconstitutional.
However, speaking to CNN earlier, Cassidy said he heard a “very good opening” by the House impeachment managers.
He said they made “very good arguments” on the constitutional question and that he wanted to hear from the other side.
A total of six GOP senators voted with Democrats, passing the hurdle to proceed despite some Republican calls to dismiss proceedings.
The vote was passed 56-44.
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These are the 6 Republicans who voted that the trial is constitutional
Six GOP senators voted with Democrats, establishing that the impeachment trial is constitutional despite calls from some Republicans to dismiss proceedings.
The six senators are:
Bill Cassidy
Susan Collins
Lisa Murkowski
Mitt Romney
Ben Sasse
Pat Toomey
The question passed 56-44.
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Senate says Trump's impeachment trial is constitutional
Senate TV
A majority of senators said the impeachment trial of former President Trump is constitutional despite calls from some Republicans to dismiss proceedings.
A simple majority was needed to proceed.
What comes next: The House managers and Trump’s defense team are each allotted up to 16 hours spread over two days to present their cases.
The House managers arguing for impeachment go first, and we know that they plan to use a lot of video from the day of the insurrection to make their points. We expect the proceedings will resume at noon ET tomorrow.
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The Senate is voting on the trial's constitutional validity
From CNN's Jeremy Herb, Manu Raju and Lauren Fox
Following four hours of debate where both sides presented their arguments, the senators are now voting on the constitutionality of an impeachment trial for a president who has already left office.
A simple majority is needed to proceed.
Here’s a recap of what each side said during their portion of the debate:
House impeachment managers: Rep. Jamie Raskin of Maryland, the lead impeachment manager, opened his presentation with a video showing disturbing footage of how protesters overran police and ransacked the Capitol. The video was spliced with former President Trump’s speech on Jan. 6 ahead of the riots, showing the crowd’s reaction to Trump as he urged them to head to the Capitol.
The Democrats’ 13-minute video concluded with Trump’s deleted tweet on Jan. 6, saying that “these are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away.”
“If that’s not an impeachable offense, then there’s no such thing,” Raskin argued.
Trump’s defense team: Trump’s team has contended that the impeachment trial itself is unconstitutional, while arguing that Trump did not incite the rioters and that his speech about the election was protected by the First Amendment.
Trump’s attorney Bruce Castor warned that a second impeachment trial in 13 months would “open the floodgates” to future impeachments, even making the unfounded rhetorically suggestion that former Obama administration Attorney General Eric Holder could be impeached.
After Castor deferred to Trump’s other lawyer David Schoen, the tone of the defense team changed starkly. Schoen charged that Democrats were using impeachment as a political “blood sport” to try to keep Trump from running for office again.
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Some senators appear to be struggling to pay attention to the lengthy arguments by Trump's attorney
From CNN's Ryan Nobles
Former President Trump’s impeachment attorney David Schoen seemed to read for word from a packed binder with words typed in a large font. He spoke to a room of senators clearly growing weary of the lengthy arguments. Many were slumped in their chairs and seemed to be struggling to stay attention.
Most senators remained seated throughout his remarks although some did wander into different parts of the chamber. GOP Sen. Roy Blunt spent most of the half hour in the outer lobby before coming back and taking his seat. Republican Sen. Josh Hawley watched the proceedings, spread out in the gallery in a row all to himself. He took notes and paid close attention to the arguments.
GOP Sen. Thom Tillis, who is recovering from a leg injury, spent some of the time on a bench in the back of the chamber, but ultimately came back and sat in his assigned seat.
Many senators on both sides of the aisle took copious notes throughout Schoen’s remarks. Utah Sen. Mike Lee never seemed to stop writing as the presentation was given. Others, like Republicans Mitt Romney, Kevin Cramer and James Lankford took notes throughout as did Sen. Tammy Duckworth on the Democratic side.
For the most part, the senators remained stoic throughout the proceedings, but both sides gave an audible laugh when Schoen gave his arguments that Sen. Patrick Leahy, serving as the presiding judge despite also being a Trump opponent, made the proceedings unconstitutional.
Before he launched into his argument, Schoen turned and faced Leahy and said “with all due respect” which led to laughs from both Democratic and Republican senators.
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There are less media restrictions for this impeachment trial than for Trump’s first impeachment
From CNN's Ali Zaslav and Ted Barrett
Sen. Kevin Cramer speaks to the press before he heads to the senate floor on February 09.
Tasos Katopodis/Getty Images
Reporters have increased access to senators and to areas surrounding the Senate floor during the second impeachment trial of former President Trump, compared to the last one.
During Trump’s first impeachment trial, about one year ago, there were much smaller press pens that reporters and photographers piled into and were required to have an escort to move in and out of. Reporters were not able to leave the pens to walk with senators, as is usual practice, near the Senate floor.
On the first day of this trial, press pens are much larger and appear to be more of a guideline than a rule. The ropes surrounding the pens have spaces between that reporters can walk in and out of. No escorts are needed and press is able to walk and talk with senators when they see them.
Of course, there is also an ongoing coronavirus pandemic that has impacted the number of press that are at the Capitol and much of the coverage is being shared via a pool arrangement between networks and print outlets. There are social distancing stickers within all the press areas for reporters and photographers to stand on.
Sen. Amy Klobuchar, chair of the Senate Rules Committee that oversees the administration of Senate operations, told CNN Monday that she and Majority Leader Chuck Schumer “deliberately” worked to reduce press restrictions and improve access for the duration of the impeachment trial.
Klobuchar said last year, during Trump’s first impeachment trial, there was an argument made to Republicans, who chaired the Senate Rules Committee and held the Senate majority at the time, that more security measures around the Senate were necessary because Chief Justice John Roberts was presiding.
“The argument was made when the Republicans were in charge that Chief Justice Roberts needed some extra security and he’s not the judge of this trial,” she said, noting that now Senate Pro Tempore Sen. Pat Leahy is presiding.
The Minnesota Democrat also argued there is “clearly enough” security, as the US Capitol complex is fenced in with razor wire on top, and still protected by National Guard Troops.
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US Supreme Court says Senate has power to set trial rules
From CNN's Joan Biskupic
Former President Trump’s lawyer David Schoen acknowledged that the Supreme Court’s 1993 case of Nixon v. United States gives the Senate wide latitude to run an impeachment trial, even as Schoen argued for greater due process for Trump.
That 1993 case stands for the proposition that the Senate has sole authority over how it undertakes the trial of an impeached official. The high court majority said that a challenge to an impeachment trial is a “nonjusticiable” political question.
The case involved US District Court Judge Walter Nixon, who had been impeached by the House and convicted by the Senate in 1989. Nixon challenged the Senate procedures used for his trial.
Writing for the majority that broadly rejected Nixon’s arguments, Chief Justice William Rehnquist said that the Constitution gives the Senate “sole” power to try a case and added that in the case of a president, “opening the door of judicial review … would expose the political life of the country to months, or perhaps years, of chaos.”
Justice David Souter suggested an exception that would allow court review for Senate maneuvers that would threaten the integrity of the result, “say, upon a coin toss.” No other justice joined his concurring opinion in the case.
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Trump lawyers tout the fact that he hasn’t been charged
From CNN's Marshall Cohen
Senate TV
Former President Trump’s lead impeachment attorney, Bruce Castor, argued on the Senate floor that if Trump actually committed a “high crime or misdemeanor,” then he would have been criminally charged.
“After he’s out of office, you go and arrest him,” Castor said, pushing back on Democrats’ arguments that impeachment is the right way to hold a president accountable for eleventh-hour misconduct. “There is no opportunity where the President of the United States can run rampant in January at the end of his term and go away Scott-free.”
To further make his point, Castor noted that Trump hasn’t been named as a co-conspirator in any of the 200-plus criminal cases stemming from the Capitol insurrection so far.
“So far, I haven’t seen activity in that direction,” Castor said. “And not only that, the people who stormed this building and breached it were not accused of conspiring with the President.”
Some context: He is correct that Trump hasn’t been charged or named as a co-conspirator. But the investigation is still ongoing, and the decision of whether to charge the former President is a complex legal question that would require intense deliberation. Most of the charges brought so far have been easy pickings for prosecutors because of the plethora of videos and photos of the Capitol riot.
Prosecutors said early on in the probe that they would examine every possible angle, including whether speakers at the rallies before the attack incited the crowd to commit acts of violence.
Furthermore, many of the defendants have pointed the blame back at Trump, even if prosecutors haven’t formally made that connection. Several high-profile defendants have said that they invaded the Capitol because they believed they were following instructions from their President.
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Trump's defense lawyer calls impeachment an effort "to disenfranchise 74 million-plus American voters"
From CNN's Jason Kurtz
David Schoen speaks on the Senate floor.
Senate TV
Trump’s defense lawyer is making the case that the second impeachment trial against the former President is unconstitutional, saying the proceedings have been falsely disguised as an effort to garner accountability for the events of Jan. 6.
“They say you need this trial before the nation can heal,” said David Schoen. “I say our nation cannot possibly heal with it.”
Schoen suggested the trial would “open up new and bigger wounds across the nation,” and said Democrats are looking to discount those who voted for Trump in 2016.
Schoen called those pushing for the second impeachment trial “elitists” who failed to accept the results in 2016, and called the trial an attempt to further a left-leaning political agenda.
“At the end of the day, this is not just about Donald Trump or any individual. This is about our Constitution and abusing the impeachment power for political gain,” he said.
Schoen said the trial would not unite the nation, rather it will “tear the country in half, leaving tens of millions of Americans feeling left out of the nation’s agenda.”
Noting that House impeachment managers enlisted the help of a movie company to produce a video recapping the Capitol riot, Schoen criticized the tactic as an effort to “chill and horrify” those who will view it.
“They want to put you through a 16-hour presentation over two days focusing on this as if it were some sort of blood sport. And to what end?” he asked, adding, “for healing? For unity? For accountability? Not for any those.”
Instead, he dubbed it a “pure, raw, misguided partisanship that makes them believe playing to our worst instincts somehow is good.”
Hear Trump lawyer David Schoen’s argument:
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Trump's lawyers swapped speaking slots at the last minute
From CNN's Kaitlan Collins
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Attorney David Schoen, who is speaking on the Senate floor now, was supposed to present first, not Bruce Castor, according to two people familiar with the plan.
As he closed his opening argument, Castor said they changed the order because the House managers did such a good job.
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How Sen. Ben Sasse reacted when Trump's lawyer called him out today
From CNN's Manu Raju and Caroline Kelly
Former President Trump’s attorney Bruce Castor, Jr. called out Republican Sen. Ben Sasse from Nebraska in his opening statement today.
Sasse recently released a video message to the Nebraska GOP and urged the party to accept critics of the former President and remain true to conservatism as the party’s future.
“Let’s be clear: The anger in this state party has never been about me violating principle or abandoning conservative policy – I’m one of the most conservative voters in the Senate – the anger’s always been simply about me not bending the knee to one guy,” Sasse said.
Today, Castor, Trump’s attorney, claimed that Sasse has faced backlash. Sasse and other key Republican senators voted with the Democrats that the trial was constitutional: Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah and Pat Toomey of Pennsylvania.
“The political party was complaining about a decision he made as a United States senator,” Castor said. “You know, it’s interesting because I don’t want to steal the thunder from the other lawyers, but Nebraska, you’re going to hear, is quite a judicial thinking place, and just maybe Sen. Sasse is on to something. You’ll hear about what it is that the Nebraska courts have to say about the issue that you all are deciding this week. There seem to be some pretty smart jurists in Nebraska and I can’t believe that a United States senator doesn’t know that. A senator like the gentleman from Nebraska whose Supreme Court history is ever present in his mind and rightfully so. He, he faces the whirlwind even though he knows what the judiciary in his state thinks.”
He continued: “People back home will demand their House members continue the cycle as political fortunes rise and fall.”
According to a press pool report from inside the Senate chamber, Sasse appeared to “befuddled by Castor’s Nebraska riff.” He and senators seated nearby appeared confused by Castor’s remarks.
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Trump once suggested impeaching Obama after he was out of office
From CNN's Jim Acosta
As senators debate the constitutionality of the impeachment proceeding against former President Trump, it’s worth noting that as President, Trump once suggested impeaching his predecessor, Barack Obama, even though he was out of office.
At a rally in Manchester, New Hampshire, on Feb. 10, 2020, Trump said Obama should be impeached for saying Americans could keep their doctors under Obamacare.
“Remember President Obama? ‘You can keep your plan, you can keep.. 28 times.. your doctor?’ That didn’t turn out very good,” Trump said.
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Defense lawyer says Democrats are pursuing trial to prevent Trump being a "political rival in the future"
Senate TV
Former President Trump’s defense lawyer Bruce Castor Jr. laid out his argument against the constitutionality of the impeachment trial.
In a lengthy speech from the Senate floor, Castor deflected the blame from Trump, and said the reason for this impeachment trial is to prevent Trump from running for office again.
Democrats in the House of Representatives charged Trump with “incitement of insurrection” but Castor defended Trump’s remarks before the Capitol riot.
“We can’t be possibly suggesting we punish people for political speech in this country and that people go and commit lawless acts as a result of their beliefs, and they cross the line. They should be locked up,” Castor said.
Remember: Barring Trump from further office would require a second vote by senators, although it probably would not require two-thirds agreement.
Listen to Trump’s defense lawyer Bruce Castor Jr.:
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Lawyer who defended Trump in first impeachment trial says he has "no idea" what new attorney is doing
From CNN's DJ Judd
Alan Dershowitz speaks to the press during Trump's first impeachment trial in 2020.
Mario Tama/Getty Images
Alan Dershowitz, who served on former President Trump’s impeachment defense team during last year’s trial, blasted attorney Bruce Castor for his opening remarks during today’s impeachment proceedings, telling Newsmax, “I have no idea what he’s doing.”
Castor is leading Trump’s defense during this second impeachment trial. He’s currently giving opening statements in the case.
Dershowitz said he would have focused on a First Amendment defense, telling Newsmax, “You cannot abridge the freedom of speech, and whatever you might think of the President’s speech, and I don’t think very much of it, it can’t be the basis for an impeachment if it’s constitutionally protected.”
“I would have gotten right to that, but again, different strokes for different folks, different styles for different lawyers,” Dershowitz said. “And he’s a folksy lawyer, and folksy lawyers sometimes do very, very well with juries.”
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Trump's former chief of staff is on Capitol Hill to meet with the impeachment team
From CNN's Kristin Wilson
Former White House chief of staff Mark Meadows arrives on Capitol Hill on February 9.
Chip Somodevilla/Pool/AFP/Getty Images
Former White House chief of staff Mark Meadows told reporters that the Democrats opening argument was “pretty much what I was expecting” and that “it’s hard to make a good case when you have an unconstitutional process.”
He said he’s spoken with former President Trump on a “regular basis” but had not spoken with him about the opening arguments at the Senate trial.
When asked why he was on Capitol Hill, he said, “I’m just coming over to meet with the impeachment team” and said that he will be with them sporadically over the course of the trial.
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Trump's defense team is speaking on the Senate floor. Here are key things to know about his lawyers.
From CNN's Devan Cole
Bruce L. Castor Jr. speaks on the Senate floor.
Senate TV
Former President Trump’s lawyers are arguing now on the Senate floor against the constitutionality of the impeachment trial.
The lawyers who signed on to lead Trump’s impeachment defense team bring a curious history of experience. David Schoen, a seasoned civil and criminal lawyer, and Bruce L. Castor, Jr, a well-known lawyer and the former Montgomery County, Pennsylvania, district attorney, are defending him in the trial.
The lawyers, both of whom have legal careers peppered with curiosities, joined Trump’s team a day after five members of his defense left, effectively collapsing the team.
Trump’s lawyers are tasked with devising a defense strategy for a former President who faces the impeachment charge of inciting a deadly insurrection at the US Capitol, something that if convicted could also result in him being barred from holding federal office ever again.
For Schoen, whose website says he “focuses primarily on the litigation of complex civil and criminal cases before trial and appellate courts,” Trump is just the latest controversial figure his career has brought him to in recent years.
Schoen was on the team of lawyers representing Roger Stone, Trump’s longtime friend and former adviser, in the appeal of his conviction related to issues Stone took with the jury. Stone dropped that appeal after the then-President commuted his prison sentence, but before Stone received a full presidential pardon for convictions, including lying to Congress to protect Trump.
Schoen, who holds a master of laws from Columbia University and a juris doctorate from Boston College, according to his biography, serves as chair of the American Bar Association’s Criminal Justice Subcommittee of the Civil Rights Litigation Committee.
Castor, meanwhile, served as Montgomery County district attorney from 2000 to 2008, before serving two terms as the county commissioner, according to a release from Trump’s office.
He was involved in at least one high-profile case as district attorney, when he declined in 2005 to prosecute Bill Cosby after Andrea Constand reported the actor had touched her inappropriately at his home in Montgomery County, citing “insufficient credible and admissible evidence.”
Cosby was later tried and convicted in 2018 for drugging and sexually assaulting Constand at his home in 2004, despite the fact that Castor argued during a pre-trial hearing that he’d already committed the state to not prosecuting the actor.
GOP senator says impeachment managers made "very good argument" on constitutional question
From CNN's Ted Barrett
Sen. Bill Cassidy walks in the US Capitol on Tuesday.
Susan Walsh/AP
Sen. Bill Cassidy, a Republican from Louisiana, told CNN it was a “very good opening” by the House impeachment managers.
He said they made “very good arguments” on the constitutional question and he wants to hear from the other side.
Remember: Cassidy voted in favor of GOP Sen. Rand Paul’s recent motion that impeachment after former President Trump left office is unconstitutional.
Bruce Castor Jr., one of Trump’s defense lawyers, is currently making his case to the Senate.
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The trial is back in session
After a short break, the Senate is now back in session for the first day of Trump’s second impeachment trial.
They are in the middle of a four-hour debate on the constitutionality of the proceeding against the former President.
The House impeachment managers presented their points and showed footage of the Capitol riot before the break, and Trump’s lawyers now have their turn to speak. Trump’s defense lawyer Bruce Castor Jr. is speaking now on the Senate floor.
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Several GOP senators say nothing can change their minds on the constitutional question
From CNN's Manu Raju
Sen. Roger Wicker walks through the US Capitol on Tuesday.
Caroline Brehman/CQ Roll Call/Bloomberg/Getty Images
Sen. Roger Wicker, a Republican from Mississippi, told CNN moments ago that “Democrats sent a better team” this time, calling them “very eloquent.”
But he also told CNN’s Manu Raju that “no” nothing changed his mind on the constitutionality question. He thinks it’s not constitutional to try a former president.
Heading into the impeachment trial this afternoon, some GOP senators said no matter what they heard their minds wouldn’t be changed.
“No,” Ron Johnson said when asked if anything could change his mind on the question of its constitutionality. “Is there anything that could change Democrats’ minds about the whole thing? Probably not,” he added.
The Senate is in the middle of a four-hour debate on the constitutionality of the impeachment proceeding against former President Trump.
Hear more from CNN’s Manu Raju:
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Raskin’s daughter was with him during the Capitol attack. She said she doesn't want to go back.
Lead impeachment manager Rep. Jamie Raskin said his youngest daughter, Tabitha, and his son-in-law, Hank, were at the US Capitol with him on Jan. 6 when the deadly riot unfolded. It was just a day after the family had buried Raskin’s late son, Tommy.
Raskin said that as rioters stormed the building, Tabitha and Hank were with his chief of staff. They hid under desks and placed final texts and phone calls because, “they thought they were going to die,” Raskin said.
“And you know what she said? she said, “Dad, I don’t want to come back to the Capitol,” he added.
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The trial is in a short break
The impeachment trial is in a short 10 minute break.
The Senate was in the middle of a four-hour debate on the constitutionality of the proceeding against former President Trump.
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Raskin chokes up while recounting trauma of Jan. 6, which was one day after he buried his son
From CNN's Adrienne Vogt
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Lead impeachment manager Rep. Jamie Raskin shared a personal story reflecting on the events of Jan. 6, one day after he buried his 25-year-old son, Tommy.
His younger daughter, Tabitha, and son-in-law, Hank, the husband of Raskin’s oldest daughter, accompanied him to Capitol Hill to witness the counting of electoral votes.
Raskin said they asked him if it would be safe, and he said he told them, “of course it should be safe; this is the Capitol.”
Raskin choked up when talking about reuniting with them after the attack after leaving them in an office to be on the House floor. He said his family told him they thought they were going to die while barricaded in the office.
“People died that day. Officers ended up with head damage and brain damage. People’s eyes were gouged. An officer had a heart attack. An officer lost three fingers that day. Two officers have taken their own lives. Senators, this cannot be our future. This cannot be the future of America. We cannot have presidents inciting and mobilizing mob violence against our government and our institutions because they refuse to accept the will of the people under the Constitution of the United States,” he added.
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Asked about today's impeachment trial, Biden says he's focused on the work of being President
From CNN's Betsy Klein
President Joe Biden meets with business leaders to discuss a Covid-19 relief package in the Oval Office on Tuesday.
Patrick Semansky/AP
President Biden sought to return the focus to Covid-19 relief and deferred to the Senate on the impeachment trial that began just over an hour ago, declining to weigh in substantively on the historic proceedings underway.
Asked by CNN’s Kaitlan Collins if he will watch the trial, Biden said he is focused on the work of being President during global health and economic crises.
He continued, “The Senate has their job. They’re about to begin it. I’m sure they’re going to conduct themselves well. And that’s all I’m going to have to say about impeachment.”
His comments come one day after White House press secretary Jen Psaki told reporters that Biden “will not spend too much time watching the proceeding, if any time,” though Psaki did acknowledge at Tuesday’s briefing that the trial was of national interest.
CNN has reported that advisers say Biden has no intention to offer his assessment of whether Trump should be convicted – he does not see it as necessary or productive to offer his personal view, which could further complicate his quest for unity. And last month, he told Collins that the trial “has to happen,” though he didn’t think Trump would be convicted.
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Trump's tweet on rioters "chills me to the core," House impeachment manager says
From CNN's Adrienne Vogt
Senate TV
Democratic Rep. David Cicilline, a House impeachment manager, said that a tweet from former President Trump on Jan. 6 shows exactly how he felt about the Capitol attack.
At 6:01 p.m. ET on Jan. 6, Trump tweeted “these are the things that happen when a sacred landslide election victory is so unceremoniously and viciously stripped away from great patriots,” adding for rioters to go home “with love and in peace.”
Cicilline said that Trump’s arguments against impeachment are “dead wrong” and “distractions.”
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Senators take notes and doodle as House impeachment managers present their case
From CNN's Manu Raju
While the House impeachment managers make their presentation, most senators were paying attention, either taking notes or listening politely. Some didn’t seem to be too interested in the proceedings.
Sen. Rand Paul, who is not wearing a mask, was doodling squiggly lines on a white pad of paper. Next to him, his friend, Utah Sen. Mike Lee, was taking extensive notes, writing furiously as Democrats were making their arguments.
Everyone is wearing a mask, other than Paul. Sen. Cynthia Lummis pulled her mask down for an extended period of time as well.
Lee has a book titled “Senate procedure” on his desk, while Sen. Rick Scott has a book entitled “Vicksburg.” Sen. Mike Braun was sitting in the back of the chamber reading The Hill newspaper, with a copy of Roll Call also at his desk. Sen. Josh Hawley was reading some documents.
Many senators are taking notes, including Sens. Rob Portman, Susan Collins and Tammy Baldwin. And virtually all senators are in their seats. Here or there, a senator may slip into their respective cloak rooms and then return to their desks after a few minutes.
The upstairs galleries, usually filled with guests, are totally empty, except for a handful of doorkeepers seated. Rep. Al Green is also in attendance in the upstairs gallery.
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Reporters in the Senate chamber describe what it's like right now
From CNN's Ali Zaslav
Senate TV
As former President Trump’s second impeachment trial got underway, reporters in the Senate chamber gave us a glimpse of what it’s like there, and described the scene when House impeachment managers played footage of the Capitol riot.
Here’s what they told us:
Sen. Pat Leahy, who is presiding over the trial, could be seen chit chatting with Trump’s lawyer David Schoen during the resolution vote.
Senators on both sides were seen turning away from time to time as video evidence of the Capitol attack played on monitors. The sounds of the montage seemed to echo a lot more in the chamber, filling it with the screams and yells of the mob – the same room rioters barged into just a month before. When the video concluded, there was complete silence in the chamber. When Rep. Raskin began to speak again, it felt like the room took a breath, binders were opened, papers were rustled, and people shifted in their seats, the pooler said.
Some senators appear to have come prepared after having experienced the last impeachment trial. Minority Whip Sen. John Thune brought an airline neck pillow for support. Several female senators were seen with additional scarves as it can get cold in the chamber, including: Sens. Shelley Moore Capito, Marsha Blackburn and Mazie Hirono. Sen. Richard Burr was seen dropping a snack bar that was in his desk.
The senator’s desks have pencils, a water bottle, binders and what appears to be copies of impeachment documents. On the tables for the managers and Trump lawyers there are bottles of hand sanitizer and Clorox wipes.
The pool reporter noted that most senators looked like they were paying close attention, many taking notes. Sen. Mike Lee, a Republican from Utah, was writing furiously in some printed document. Lee took furious notes also throughout the last impeachment trial.
Almost everyone was wearing a mask except for Sen. Rand Paul, as CNN previously noted.
Remember: As CNN has previously reported, mask-wearing is not mandatory in the Senate. But almost all senators and staffers have complied with CDC guidance to wear masks during the pandemic on the Senate floor, with the exception of Republican Sen. Rand Paul. Paul has long argued that he’s immune after having Covid-19 early last year. It’s still unclear if those who have had coronavirus remain immune to the virus. Other senators, however, who have had coronavirus and/or been vaccinated for the disease still wear masks.
The pooler noted that there are two monitors in the visitor’s gallery that allow press to view the same footage that are on the screens. Leahy has his own monitor as the presiding officer.
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Key things to know about the lead House impeachment manager and his background in constitutional law
From CNN’s Maureen Chowdhury
Lead House impeachment manager Rep. Jamie Raskin laid out the Democrats’ case to convict former President Trump as the Senate holds a debate on the constitutionality of the trial.
Rep. Raskin, of Maryland’s 8th district, was selected by House Speaker Nancy Pelosi to lead the impeachment managers. Raskin has an extensive background in constitutional law.
He was a professor of constitutional law at American University for more than 25 years before taking office in the House in 2017. He also served as assistant attorney general of Massachusetts from 1987-89.
Raskin began drafting the articles of impeachment against Trump hours after the insurrection at the Capitol and also wrote a resolution to activate the 25th Amendment.
“We have a solemn duty to protect our democracy and Constitution,” Raskin tweeted on Jan. 12 about his role in the impeachment trial.
Raskin sponsored the articles of impeachment against Trump with fellow colleagues Rep. Ted Lieu and Rep. David Cicilline, who are also impeachment managers.
He and the team of managers delivered the articles of impeachment to the Senate on Jan. 25. For Raskin, the impeachment is personal to him on many levels. On Jan. 6, Raskin’s daughter and son-in-law were with him at the Capitol. The insurrection was compounded by the death of his 25-year-old son, Tommy, who’s funeral happened just a day before the attack.
In an interview with CNN’s Jake Tapper, Raskin said, “I’m not going to lose my son at the end of 2020 and lose my country and my republic in 2021.”
CNN’s Clare Foran, Janie Boschma and Curt Merrill contributed reporting to this post. .
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This isn't the first Senate impeachment trial for a former official
From CNN's Zachary B. Wolf
Senators can argue about whether it’s constitutional to try a former official, but they can’t argue about whether it’s been done before. It has.
Here’s one example, which Democratic impeachment manager Joe Neguse just mentioned in his remarks on the Senate floor:
During the Gilded Age, so-dubbed by Mark Twain, the Secretary of War to Ulysses Grant was caught taking kickbacks and funding a lavish lifestyle — accounts all seem to note how William Belknap’s first and second wife were extravagantly dressed.
Caught, Belknap begged his friend and boss, Grant, to accept his resignation. He was at turns on his knees begging Grant and in tears, grasping Grant’s hand, according to lore.
This image from Frank Leslie’s Illustrated Newspaper is in the Senate archive. It appears to show the weeping Belknap before Grant allowed him to resign.
Although he was ultimately acquitted by the Senate, which might be good news for the former President – though Belknap’s corruption is a much different thing than Trump’s insurrection.
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Capitol riot video shows clear impeachable offense, lead House impeachment manager says
From CNN's Adrienne Vogt
Senate TV
After playing footage from the Jan. 6 Capitol riot, lead House impeachment manager Rep. Jamie Raskin said that former President Trump’s actions inciting the riot constitute “a high crime and misdemeanor.”
Raskin said that Trump wants to render the Senate “powerless” during a presidential transition period, while Raskin believes it is one of the most important and fragile times for the country.
Raskin, an expert on constitutional law, went on to lay out why the Democrats believe a trial against a president who has left office is constitutional.
“Under that Constitution, and under that oath, the president of the United States is forbidden to commit high crimes and misdemeanors at any point he is in office. Indeed, that’s one specific reason impeachment, conviction and disqualification powers exist, to protect us against presidents who try to overrun the power of the people in their elections and replace the rule of law with the rule of mobs,” Raskin added. “These powers must apply even if the president commits his offenses in his final weeks in office. In fact, that’s precisely when we need them the most, because that’s when elections get attacked.”
WATCH:
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This is how the Capitol riot unfolded
From CNN’s Ted Barrett, Manu Raju and Peter Nickeas
The House managers are presenting video evidence of the Capitol riot as part of their case against former President Trump.
Supporters of Trump breached the US Capitol on Jan. 6, engulfing the building in chaos after Trump urged his supporters to fight against the ceremonial counting of the electoral votes to certify President Joe Biden’s win. Read a transcript of Trump’s speech here.
Five people died as a result of the riot, including a woman who was fatally shot by police and three people who died of apparent medical emergencies.
Shortly after 1 p.m. ET, hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they tussled with officers in full riot gear, some calling the officers “traitors” for doing their jobs.
About 90 minutes later, police said demonstrators got into the building and the doors to the House and Senate were being locked. Shortly after, the House floor was evacuated by police. Then-Vice President Mike Pence was also evacuated from the chamber, he was to perform his role in the counting of electoral votes.
An armed standoff took place at the House front door as of 3 p.m. ET, and police officers had their guns drawn at someone who was trying to breach it. A Trump supporter was also pictured standing at the Senate dais earlier in the afternoon.
The Senate floor was cleared of rioters as of 3:30 p.m. ET, and an officer told CNN that they had successfully squeezed them away from the Senate wing of the building and towards the Rotunda, and they were removing them out of the East and West doors of the Capitol.
The US Capitol Police worked to secure the second floor of the Capitol first, and were seen just before 5 p.m. pushing demonstrators off the steps on the east side of the building.
With about 30 minutes to go before Washington, DC’s 6 p.m. ET curfew, Washington police amassed in a long line to push the mob back from the Capitol grounds. It took until roughly 5:40 p.m. ET for the building to once again be secured, according to the sergeant-at-arms.
Lawmakers began returning to the Capitol after the building was secured and made it clear that they intended to resume their intended business — namely, confirming Biden’s win over Trump by counting the votes in the Electoral College.
Proceedings resumed at about 8 p.m. ET with Pence — who never left the Capitol, according to his press secretary — bringing the Senate session back into order.
House Speaker Nancy Pelosi said in a statement earlier Wednesday evening that congressional leadership wanted to continue with the joint session Wednesday night.
Senate Majority Leader Mitch McConnell said on the floor that the “United States Senate will not be intimidated. We will not be kept out of this chamber by thugs, mobs or threats.”
It took until deep in the early hours of Thursday morning, but Congress eventually counted and certified Biden’s election win.
Watch here:
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Democrats are showing footage from the Capitol riot at the trial
Rioters clash with police in the US Capitol building on January 6.
Mostafa Bassim/Anadolu Agency/Getty Images
As part of his opening remarks in the Senate impeachment trial, lead impeachment manager Rep. Jamie Raskin showed footage from the day pro-Trump rioters stormed the US Capitol building.
Videos from the deadly attack were interweaved with footage of President Trump addressing a rally of supporters just moments before the surge.
Videos from the Capitol showed supporters clashing with police and scaling the building’s walls before breaching the doors of the Capitol. Footage from inside the Capitol showed members of Congress evacuating before rioters stormed the Senate floor and members’ offices. One video showed the moment was rioter was shot and killed.
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Lead House impeachment manager says their case is "based on cold, hard facts"
Senate TV
In his opening remarks, lead House impeachment manager Jamie Raskin said his team’s case against former President Trump would be “based on cold, hard facts.”
“It’s all about the facts,” Raskin said.
Raskin, a Democratic congressman from Maryland, said Trump has sent his lawyers to the trial to “try to stop the Senate from hearing the facts of this case.”
“If we buy this radical argument that President Trump’s lawyers advance, we risk allowing Jan. 6 to become our future,” he added.
Trump’s defense team has said they plan to argue that the former President’s false claims that the presidential election was rigged and his speech to the crowd ahead of the Jan. 6 Capitol riot, are protected by the First Amendment.
As both sides make their case, 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.
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The Senate votes to adopt the rules to guide the trial
“It has been agreed to by House managers, the former President’s counsel, and co-sponsored by the Republican leader, it is bipartisan,” Senate Majority Leader Chuck Schumer said as he introduced the organizing resolution.
The organizing resolution sets the schedule for the trial. Here’s a look at other key parts of the resolution:
After four hours of debate today on the constitutional question, there will be a vote at a simple majority threshold to affirm the proceedings constitutionality.
After that, each side has up to 16 hours for presentation.
Then there are four hours for senators’ questions.
If there’s a request for witnesses by the House impeachment managers, there will be two hours of debate after the question period, followed by a vote on whether to call a witness.
There will then be four hours of closing arguments, evenly divided.
Trump is the only US President to have ever been impeached twice.
It’s just the fourth impeachment trial in US history.
Congress has conducted three presidential impeachment trials to date:
President Andrew Johnson in 1868 for firing a Cabinet secretary without the consent of Congress.
President Bill Clinton in 1998 for perjury and obstruction of justice.
President Trump in 2020 for abuse of power and obstruction of Congress.
Johnson, Clinton and Trump were acquitted, so they stayed in office.
This is the first-ever impeachment trial of a former President. It will aim to answer whether one can incite an insurrection with impunity.
Democrats in the House of Representatives voted on Jan. 13 to impeach Trump following the Jan. 6 Capitol riot, charging him with “incitement of insurrection.”
You can read the full article of impeachment here.
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The House impeachment managers are walking now to the Senate floor
The nine House impeachment managers are walking now to the Senate floor for the start of former President Trump’s impeachment trial.
They are tasked with arguing the Democrats’ case against Trump.
The impeachment managers are:
Rep. Jamie Raskin of Maryland (lead manager)
Rep. Diana DeGette of Colorado
Rep. David Cicilline of Rhode Island
Rep. Joaquin Castro of Texas
Rep. Eric Swalwell of California
Rep. Ted Lieu of California
Rep. Stacey Plaskett of the US Virgin Islands
Rep. Joe Neguse of Colorado
Rep. Madeleine Dean of Pennsylvania
Democrats in the House of Representatives voted on Jan. 13 to impeach Trump following the Jan. 6 Capitol riot, charging him with “incitement of insurrection.”
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Here's how today's Senate trial is adapting to the Covid-19 pandemic
From CNN's Caroline Kelly
Former President Trump’s second impeachment trial is starting soon, and a few new measures are being implemented this time around due to the pandemic.
A Senate official familiar with the planning said there will be seats reserved for senators in the public gallery above the chamber and in the Senate’s “marble room” that is just off the floor, where the trial will be shown on television.
Senators will have to be on the Senate floor to vote.
During Trump’s first impeachment trial, senators were required to sit at their desk during the lengthy arguments, though they didn’t always do so. But this year, senators won’t be required to remain at their desks due to the Covid-19 pandemic and social distancing.
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More than 200 people have been charged in connection with the Capitol riot
From CNN's Paul P. Murphy, Katelyn Polantz and Marshall Cohen
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Prosecutors have charged more than 200 people with federal crimes in connection with the Jan. 6 riot and insurrection at the Capitol, according to a CNN analysis of court records and Justice Department announcements.
The milestone comes mere hours before the start of former President Trump’s impeachment trial in the Senate, in which he is accused of inciting the riot and insurrection on Jan. 6. Trump’s attorneys are arguing he didn’t incite the riot that grew from his supporters’ march to the US Capitol, and his words to the crowd that day, to “fight like hell,” aren’t meant to be taken literally.
Yet at least two of the alleged rioters who have been detained argued this week in court that Trump is the reason for the violence – with one even calling the former President a so-called “unindicted co-conspirator,” according to a legal brief.
In that court filing Monday, defense attorney Lindy Urso argued that Patrick McCaughey III, who allegedly pushed to crush a police officer in a Capitol doorway, hadn’t planned the attack and instead was inspired by Trump’s words that day.
And on Sunday, another defendant, Matthew Miller, argued there’s no proof he entered the Capitol or assaulted anyone, and was merely “following the directions” of Trump to march toward Congress. His defense attorney called Trump “the country’s chief law enforcement officer” in the court filing, which asks for Miller’s release from detention.
Prosecutors say they believe Miller discharged a fire extinguisher toward police during the melee.
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Trump has asked aides about his potential exposure to criminal prosecution after impeachment trial
From CNN's Jim Acosta
Former President Trump has been asking aides and associates about his potential exposure to criminal prosecution after his impeachment trial is completed, according to a source familiar his thinking.
Trump has reached out to advisers to gauge whether he could face charges on matters unrelated to the Capitol siege on Jan. 6, the source said.
The former President’s staff did respond to reports that prosecutors in Georgia are taking a look at Trump’s controversial phone call with Georgia Secretary of State Brad Raffensperger.
Adviser Jason Miller said “there was nothing improper or untoward about a scheduled call between President Trump, Secretary Raffensperger and lawyers on both sides.”
CNN’s Jim Acosta reports:
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Democratic senators expect final vote could be Sunday or Monday if there are no witnesses
From CNN's Manu Raju
Senate Majority Leader Chuck Schumer walks through the Capitol on Tuesday.
Drew Angerer/Getty Images
Democratic senators came away from a conference call with Senate Majority Leader Chuck Schumer this morning under the belief that a final vote on conviction could occur Sunday or Monday if there are no witnesses, according to multiple senators on the call.
House impeachment managers have not yet requested witnesses but are preserving that option in case they need witness testimony to rebut an argument made by the Trump team.
The timing is also a bit uncertain because it’s unclear how much time the Trump team will use but they’re not expected to use their full 16 hours.
Senate Democrats are holding daily 9 a.m. ET conference calls this week.
It’s also worth noting that the Presidents Day recess starts Monday, and that’s always an incentive to wrap things up in the Senate. Senators think most if not all of next week’s recess will be salvaged if there are no witnesses.
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Here's why Trump's lawyer withdrew his request to pause the trial on Saturday
From CNN's Kaitlan Collins and Kevin Liptak
The last-minute letter former President Donald Trump’s attorney sent to top lawmakers informing them he would no longer seek a suspension of the trial if it continued through the Sabbath was prompted by Trump’s own desire to complete the trial without delay.
Hours before the former president’s second impeachment trial was slated to begin, his attorney David Schoen wrote that he would no longer seek a suspension of the trial if it continued through the Sabbath. He explained that he would not participate those days and instead other members of the legal team would handle.
Schoen wrote that he was withdrawing his request because he was “concerned about the delay in the proceedings in a process that I recognize is important to bring to a conclusion for all involved and for the country.”
That goes for his client, too.
Two people familiar with what happened told CNN that Trump – holed up in Florida and ready to move onto a more relaxed and potentially lucrative phase of his post presidency – did not want the trial to be delayed any further and believed if they paused it for the Sabbath it would extend the matter by several days.
The Senate was initially going to recess but now the trial will not break for the Sabbath, and is expected to continue Friday evening and Saturday. The Senate has also scheduled a session for Sunday afternoon, if the trial is still going.
Trump shares his distaste for a lengthy trial with practically everyone involved in the proceedings. Democrats, including President Joe Biden, see acquittal as the assured outcome and don’t want the trial to further impede the new president’s agenda. Republicans are similarly not eager for a drawn out recitation of Trump’s role in last month’s insurrection attempt.
Trump himself, who has revolved through multiple legal teams as he prepares for the trial, is more concerned about the effect the trial may have on his public image, according to one person who has discussed the matter with him, rather than the potential outcome. Since leaving office, Trump has had multiple conversations with business partners overseas about future projects.
The former president has kept a low profile since making a dramatic exit from Washington in the hours before Biden was sworn in, and has been eager for his trial to end so he can start his post-presidency life, which people close to him have said is likely to include paid speeches overseas and domestic rallies targeting those who crossed him politically. Trump, who is expected to stay in Florida during the trial, has repeatedly told people he believes he will be acquitted for a second time and is ready to move on.
He has alternated between evenings at Mar-a-Lago and his nearby golf club, where one recent evening he was taped handing out cash to onlookers.
His defense team was assembled a little more than a week ago after the five attorneys initially brought on to represent him all left days before legal briefs were due, which one person described as a mutual decision while another said it was over a difference in strategy. Now, Trump is relying on Schoen and Bruce Castor to help him secure acquittal for a second time.
House impeachment managers file their reply to Trump's impeachment trial brief
From CNN's Manu Raju and Jeremy Herb
House Sergeant at Arms Tim Blodgett and House Clerk Cheryl Johnson are trailed by the House impeachment managers as they carry an article of impeachment to the US Senate on Monday, January 25.
Susan Walsh/AP
Ahead of opening arguments today, the House managers filed their final pre-trial legal brief that rebutted the Trump team brief, in what amounts to a preview of the arguments that will play out in the Senate in the coming days.
In their brief, the managers respond to former President Trump’s “meritless” legal arguments and “baseless assertions,” writing:
Here's what Trump told a crowd of supporters before the Jan. 6 Capitol riot
Analysis from CNN’s Maeve Reston and Kevin Liptak
Then-President Trump addresses the "Save America March" on January 6.
Mandel Ngan/AFP/Getty Images
For weeks, while advancing the false claims that the presidential election was rigged and mired in fraud, then-President Trump had whipped up excitement about the Jan. 6 certification of the 2020 presidential results, inviting his supporters to descend on Washington, promising it would be “wild.”
He arrived at the Ellipse to address the “Save America March” shortly after his personal attorney Rudy Giuliani warmed up the crowd by falsely suggesting voting machines were “crooked” and insisting that then-Vice President Mike Pence could change the election outcome, which he did not have the power to do. “Let’s have trial by combat!” the former New York Mayor told the crowd as they awaited the President.
Backstage, Trump’s son and his girlfriend, Kimberly Guilfoyle, recorded themselves dancing to the soundtrack and encouraging Trump supporters to “fight.”
Inciting the crowd with an address threaded with lies — including that “the states got defrauded” in the election and “want to revote” — Trump stirred anger toward his vice president, telling the crowd once again that he hoped Pence would “do the right thing” – pressuring him to toss out the election results, which would have been illegal and beyond the bounds of his constitutional authority.
He already knew that his vice president would not take that step. Pence had informed him in a tense conversation that he could not overturn the election results, leading Trump to curse at him, according to a source familiar with the conversation. But Trump did not let up at the Wednesday rally as he railed against “weak Republicans” and “pathetic Republicans” who refused to bend to his whims, while calling lawmakers who planned to contest the election results “warriors.”
But as his supporters marched down Pennsylvania Avenue and began their assault on the Capitol, Trump had returned to the White House consumed with his schemes for overriding an election that he lost with 232 electoral votes to Biden’s 306.
To the dismay of his aides, he delighted in watching the riot that injured dozens of officers and sent fears of a coup racing across the Capitol. Aides struggled to get him to understand how serious the situation had become. House Minority Leader Kevin McCarthy, one of the President’s staunchest allies, had a “heated exchange” with the President as rioters overran the Capitol building, urging him to denounce the attack and try to quell the violence, according to a source briefed on the exchange.
But Trump declined to do so. Asked on Fox whether he expected Trump to address the situation, McCarthy said only: “I don’t know.”
Trump did not even attempt to secure the safety of Pence, even though several of his supporters who were part of the violent mob were heard shouting “Where’s Mike Pence?” in the midst of their Capitol rampage. Those threats alarmed Pence and his family, a source close to the vice president told CNN’s Jim Acosta, widening the breach between the President and Vice President.
In fact as the siege unfolded, Trump demonstrated the callous depths of his narcissism by trying to pressure senators to derail the affirmation of the election results, as they feared for their safety in the midst of a riot he had incited.
At the White House, Trump’s daughter and senior adviser Ivanka Trump and chief of staff Mark Meadows tried to convince Trump to record a message that would direct the rioters to stand down.
But the resulting message satisfied no one as he ad-libbed, telling the insurgents who had stormed the Capitol: “We love you. You’re very special.”
Read a transcript of Trump’s full speech on Jan. 6 here.
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Impeachment trial will have an impact regardless of the outcome, GOP congressman says
From CNN's Aditi Sangal
Regardless of whether or not President Trump gets convicted, the impeachment trial will have an impact and set a precedent, GOP Rep. Adam Kinzinger said Tuesday.
“Only Donald Trump can be proud of being impeached twice and acquitted,” he continued. “Every other president, every other person in the presidency would be ashamed of that. So he’ll, you know, stoke the base up. But I don’t think it’s a lasting proposition … You look at Sarah Palin who was very important for a couple of years, and we don’t talk about her anymore. I think he’s going to go that way. If he doesn’t, the Republican Party is in real trouble.”
Kinzinger also said that many Republican lawmakers have been quieter because of the backlash that Rep. Liz Cheney received for publicly criticizing Trump.
“I don’t blame anybody for their vote. I just know this. At the end of my life, I have to look in the mirror and say what did I do with my time in Congress, which is a real huge gift. And I want to know that I did everything to defend this Constitution, that I feel totally at peace with that,” he added.
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Trump has already been impeached once. Here's how this trial is different.
This second impeachment trial is arguably more important, because it’s about Trump’s attempt to stop American democracy from functioning. But the first one set the precedent of Trump being held to account for trying to pull the levers of his authority to preserve his own power.
Trump’s first impeachment was a complicated affair
A whistleblower complained. It took time to learn that Trump was trying to exert pressure on a foreign leader – the new president of Ukraine – to dig up dirt on now-President Joe Biden, the potential 2020 Democratic rival Trump was most worried about having to face. Here’s a timeline of what happened behind the scenes.
Denials clouded the situation. After trying to keep the whistleblower complaint from Congress, the White House argued Trump did nothing wrong.
Facts trickled out. The whistleblower complaint and a transcript of Trump’s call with Ukraine’s new President showed the President very much exerted pressure and tried to get the foreign country to launch a baseless investigation of Biden and his son Hunter. Aid to Ukraine was slowed. Russia licked its chops. This all occurred long before Biden’s nascent presidential campaign had even gained traction.
There was a very real debate. Democrats struggled over whether to move forward with an effort that was never going to remove Trump from office after a trial in the Senate, where Republicans held a majority.
An impeachment investigation ensued. There were weeks of testimony, in private and then in public, by witnesses including a US ambassador, sitting diplomats and top White House national security officials who were concerned at Trump’s behavior. But Trump and most of his administration refused to take part and blocked testimony and cooperation by some key players.
Republicans circled the wagons. In the Senate, Trump’s allies either argued Trump was entitled to his foreign policy or that his behavior was not impeachable. Only Utah Sen. Mitt Romney, the 2012 Republican presidential nominee – the last one before Trump – voted to convict him.
Democrats warned he would take the acquittal as license to do it again.
Everything is simpler this time
There’s been no investigation into what Trump did. He did everything he is accused of on Twitter and out loud, repeatedly rejecting the 2020 presidential election result and encouraging supporters to come to Washington and “stop the steal.” They came and, at a rally near the White House on Jan. 6 shortly before Congress began the process of formally recognizing the results, he told them to march to the US Capitol. They did and the mob managed to breach the building and interrupt the counting of electoral votes in a fit of insurrection that left five people dead.
There have been no hearings with witness testimony. The proof of Trump’s behavior is in his own words and the actions of his supporters.
This second trial will also take place at the scene of the crime, and senators will sit in judgment in the room that last month was ransacked by Trump’s supporters.
A much quicker process. Getting from Trump’s Ukraine misdeeds – embodied in a July 25, 2019 phone call between him and Ukrainian President Volodymyr Zelensky – to impeachment proceedings in the House took months in 2019. Trump was impeached by the House in mid-December and acquitted on Feb. 5, 2020.
This time, his supporters interrupted Congress counting electoral votes Jan. 6, 2021. Trump was impeached one week later and his trial could be wrapped up in a little more than a week this time.
A bipartisan impeachment. Several Democrats opposed Trump’s first impeachment in the House. The opposite has happened this time, with five Republicans, including third-ranking GOP Rep. Liz Cheney, voting in favor of his second.
A very different trial. Chief Justice John Roberts declined to preside over this second trial since Trump is no longer a sitting president. Instead, the long-serving Democratic Sen. Patrick Leahy of Vermont will preside. But he’ll follow Roberts’ script.
Hurried for a different reason. The first trial was hurried along by then-Senate Majority Leader Mitch McConnell, the Kentucky Republican. Now, McConnell has expressed disgust with Trump’s actions. It’s not clear if he’ll ultimately vote to convict, but it’s his successor as majority leader, New York Democrat Chuck Schumer, who is hurrying the trial along so lawmakers can turn their focus to Biden’s legislative priorities, like a Covid relief package. Trump’s first acquittal came just weeks before the pandemic took hold and dramatically reshaped life in the US.
A similar result? It’ll take 17 Republicans voting with Democrats to convict Trump. The main argument among those voting to acquit could be “why bother with this?” now that Trump’s out of office.
The answer is that this process is the only way under the Constitution to block the man who rejected the results of this election from running in the next one.
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What to expect on the first day of Trump's second impeachment trial
The second impeachment trial of former President Trump will kick off later today with a four-hour debate on the constitutionality of the proceeding followed by a vote at a simple majority threshold to affirm the proceedings’ constitutionality.
CNN’s Lauren Fox is breaking down what to watch for today.
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Schumer says accusations against Trump are the "most serious charges" ever against a president
From CNN's Ali Zaslav and Lauren Fox
As the second Senate impeachment trial of former President Trump begins in several hours, Senate Majority Leader Chuck Schumer said the Senate has a “solemn responsibility” to try and hold Trump “accountable for the most serious charges, ever, ever levied against a president.”
Schumer said he believes the House impeachment managers will present a “very strong case” with “powerful” evidence, some of it “new.” He also urged his Republican colleagues in particular to pay careful and real attention to the evidence.
The New York Democrat reiterated he believes the country cannot move on without “accountability.”
He made the remarks at a press conference alongside Senate Committee chairs on how their work will continue during the impeachment trial this week.
The Senate will have trial on Sunday unless it's over by then, according to new resolution
From CNN's Manu Raju
According to the new organizing resolution obtained by CNN, the Senate trial will be in session Sunday unless the proceedings are over by then.
The resolution says:
The trial was initially scheduled for Saturday but subsequently changed after Trump’s lawyer, David Schoen, submitted a request not to hold the impeachment trial on the Jewish Sabbath. Late last night, Schoen withdrew his request.
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Schumer to GOP senators: "Pay very real attention to the evidence"
Nicholas Kamm/AFP/Getty Images
Ahead of the start of former President Trump’s second impeachment trial, Senate Majority Leader Chuck Schumer urged senators, who will serve as the jury, to pay close attention to the case prosecutors will make.
He added: “Every senator, Democrat and Republican, has to approach this trial with the gravity it deserves.”
Schumer said he expects House impeachment managers to “present a very strong case” with “powerful” evidence.
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Trump's lawyer withdraws request to not hold impeachment trial on Jewish Sabbath
From CNN's Ali Zaslav, Lauren Fox, Ted Barrett and Manu Raju
David Schoen speaks in Fort Lauderdale, Florida, in 2016
Joe Cavaretta//South Florida Sun-Sentinel/AP
Former President Trump’s lawyer David Schoen is withdrawing his request to not hold the impeachment trial on the Jewish Sabbath. Schoen’s initial request had already been granted and had altered the likely schedule for the proceedings.
He also wrote, “I am advised that your response to my letter was to graciously accommodate my Sabbath observance and to set a schedule for the upcoming impeachment trial that meant suspending the trial for the Jewish Sabbath. This meant causing you to lose Friday evening and all day Saturday that you previously intended to have for the trial. I very much appreciated your decision; but I remained concerned about the delay in the proceedings.”
This will likely lead to a change in the trial schedule laid out in the resolution that was slated to be passed Tuesday. Text for the resolution, which set the parameters for the trial’s length and schedule, included language to pause the trial on Friday evening and resume on Sunday afternoon.
Schumer’s office had said over the weekend the Senate would accommodate the request from Schoen.
It was unclear as of Monday evening what Schoen’s withdrawal would do to the schedule of the impeachment trial, which is slated to begin this afternoon.
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These are the House Democrats who will act as prosecutors in Trump's impeachment trial
From CNN's Clare Foran, Janie Boschma and Curt Merrill
A select group of House Democrats known as impeachment managers will act as prosecutors when former President Trump’s second impeachment trial gets into full swing Tuesday afternoon.
House Speaker Nancy Pelosi has named nine Democrats to serve as impeachment managers, a role that calls on them to make the case against Trump during the trial. The House has charged him with inciting an insurrection at the Capitol that left five people dead.
The group of Democrats includes a number of top Pelosi allies. Congressman Jamie Raskin of Maryland, an expert in constitutional law, is serving as the lead manager.
The nine House impeachment managers are:
Jamie Raskin
Joaquin Castro
David Cicilline
Madeleine Dean
Diana DeGette
Ted Lieu
Joe Neguse
Stacey Plaskett
Eric Swalwell
There are no restrictions on the number of impeachment managers the speaker can name to serve in the role. During the first impeachment trial against Trump, seven House Democrats served as managers.
The House impeachment managers will play a key role in how it unfolds as they each take a turn in the national spotlight. They will have a chance to argue their case before the full Senate with the senators acting like jurors, and after that, the former President’s legal team will have an opportunity to present a defense.
Read more about each of them below:
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The US Capitol is under heightened security ahead of Trump's impeachment
From CNN's Zachary Cohen, Shimon Prokupecz and Whitney Wild
Member of the National Guard patrol the exterior of the Capitol complex on February 9.
Nicholas Kamm/AFP/Getty Images
The unprecedented second impeachment trial of former President Trump will take place under extraordinary security inside the US Capitol – a physical reminder that federal officials still believe threats to lawmakers and federal buildings are possible more than a month after the Jan. 6 insurrection.
Within the halls of the building, all nine House Democratic impeachment managers are flanked by a security detail as they walk to votes and take meetings around the Capitol. The managers were also assigned a security detail during last year’s impeachment trial.
In addition, enhanced security measures around the US Capitol will remain in place due to the ongoing potential for violence by domestic extremists, in part due to the heightened political tension surrounding the trial itself, sources familiar with the plans told CNN. Access to the Senate will also be tightly regulated, as it was during Trump’s first impeachment trial.
Federal law enforcement officials say they are not currently tracking any “specific and credible” threats to the Capitol surrounding the Senate impeachment trial, which is scheduled to begin on Tuesday, but relevant agencies, including the FBI and the Department of Homeland Security, remain on high alert. They’re using all the tools at their disposal to avoid the security and intelligence failures that occurred leading up to the Jan. 6 Capitol attack.
The FBI continues to conduct surveillance on a number of people in the US, in cases where there is enough probable cause to do so – monitoring for any signs that they are planning something specific around the impeachment trial and in the weeks that follow, according to a law enforcement official.
Law enforcement officials have also reached out to some of the suspects in an effort to discourage them from facilitating unrest or violence, the official said.
As part of that effort, officials are closely tracking threats against individual members of Congress, which have continued to mount in recent weeks. Ensuring the safety of lawmakers in Washington and as they travel back to their home states has become a particular area of focus, sources have told CNN.
See heightened Capitol security ahead of trial:
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House Democrats compare their case to a "violent crime criminal prosecution," aides say
From CNN's Manu Raju and Jeremy Herb
The House impeachment managers intend to lay out a “devastating” case that former President Trump is responsible for the riots at the US Capitol on Jan. 6, from his actions in the weeks leading up to the riots and his failure to act to stop them, senior aides to the House impeachment team said Tuesday.
The aides would not tip their hand on whether they might call witnesses at the trial or what new evidence they planned to present, but they told reporters Tuesday that the managers’ argument would be a detailed and compelling case that leaves no doubt about Trump’s guilt.
Their case would not be like a constitutional convention, one aide said, but “more like a violent crime criminal prosecution, because that’s what it is.”
The House’s lead impeachment manager, Rep. Jamie Raskin of Maryland, will kick off the House’s two-hour presentation on Tuesday, followed by Reps. Joe Neguse of Colorado and David Cicilline of Rhode Island, the aides said.
On Wednesday and Thursday, when the managers will make their presentation to the Senate, they are looking to use video and other available evidence to show what unfolded on Jan. 6, in an effort to “win the hearts, minds and consciousness of all 100 jurors,” another aide said.
That includes new evidence that has not been seen publicly, the aides said, declining to elaborate.
During today’s opening session, the managers will focus on the question of the trial’s constitutionality. They argued that once the Senate votes today on the matter – which only needs a majority vote, unlike the two-thirds required for conviction – the constitutional question should be considered settled like any other trial motion.
Of course, most Republican senators have argued they’re likely to acquit Trump because they don’t think the trial is constitutional.
The managers have been meeting nearly every day, sometimes twice a day, as part of their extensive preparations for the trial, according to the aides.
CNN’s Manu Raju reports from Capitol Hill:
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The Senate will vote on impeachment trial rules today. Here's what else you need to know.
From CNN's Ted Barrett, Manu Raju and Ali Zaslav
Senate leaders reached an agreement Monday on the rules of the impeachment trial, giving the impeachment managers and former President Trump’s lawyers up to 16 hours each to present their cases and creating the option for a debate and vote to call witnesses if the House impeachment managers seek it.
Senate Majority Leader Chuck Schumer announced on the Senate floor Monday that the impeachment trial rules had been agreed to by Senate Republican and Democrats, as well as the House managers and Trump’s legal team.
“The Republican leader and I, in consultation with both the House managers and former President Trump’s lawyers, have agreed to a bipartisan resolution to govern the structure and timing of the impending impeachment trial,” Schumer said in floor remarks.
The Senate will vote on the rules today, and the trial will kick off with a four-hour debate on the constitutionality of the proceeding followed by a vote.
The New York Democrat said the structure of the trial is “eminently fair.” Adding, “It will allow for the trial to achieve its purpose in truth and accountability. That’s what trials are designed to do, to arrive at the truth of the matter, and render a verdict.”
Here’s a look at the key points of the Senate resolution:
After four hours of debate tomorrow on the constitutional question, there will be a vote at a simple majority threshold to affirm the proceedings constitutionality.
After that, each side has up to 16 hours for presentation.
Then there are four hours for senators’ questions.
If there’s a request for witnesses by the House impeachment managers, there will be two hours of debate after the question period, followed by a vote on whether to call a witness.
There will then be four hours of closing arguments, evenly divided.
Then the vote on conviction or acquittal.
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Trump's lawyers and impeachment managers submitted legal briefs ahead of today's trial. Read them here.
From CNN's Jeremy Herb and Manu Raju
Both former President Trump’s lawyers and the House impeachment managers exchanged another round of pretrial legal briefs on Monday ahead of the beginning of the trial, in what amounted to a preview of the arguments that senators will hear on the floor in the coming days.
Trump’s legal team accused Democrats of creating “political theater” as they argued in a pretrial brief that the upcoming Senate impeachment trial was unconstitutional because Trump is no longer president.
The 75-page legal brief also expands upon their initial response to the House’s impeachment last week, in which they argued that Trump didn’t incite the rioters and that his speech spreading false conspiracies about widespread election fraud is protected by the First Amendment.
The House managers responded to Trump’s lawyers in a five-page, pretrial brief that pushed back on the Trump team’s claims.
The brief, which was written in response to Trump’s filing last week, argued that Trump’s reliance on the First Amendment was “utterly baseless” and it was provable Trump lied about election fraud.
Trump's second impeachment trial starts today. Here's a reminder of how we got here.
Analysis from CNN’s Paul LeBlanc
Instead of accepting his loss in the 2020 presidential election and moving toward a transition, former President Trump and his allies set their sights on Congress’ largely ceremonial role in certifying Electoral College votes on Jan. 6 as a final stage where the will of the voters could be subverted.
This culminated in Trump’s speech near the White House. The President told a crowd of supporters to march to the Capitol building, where Congress was set to formalize his loss in a gathering presided over by Vice President Mike Pence.
After he spoke, Trump returned to the White House in an armored SUV and hunkered indoors. But his supporters, emboldened by Trump’s call to action, marched east to the seat of the legislative branch, where they climbed over scaffolding already in place for Biden’s inauguration to launch an unprecedented breach of the Capitol that engulfed DC in chaos.
Only after pleading from aides and congressional allies inside the besieged building did Trump release a video urging the rioters to “go home,” while still fanning their baseless grievances about a stolen election. “We love you,” Trump said. “You’re very special.” Later, he seemed to justify the actions in a tweet, writing, “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away.”
The insurrection left five dead, including an officer with the US Capitol Police.
Congress reconvened later that night to complete its task, and Biden’s win was certified in the early hours of Jan. 7 — a step delayed by the decision of Missouri Republican Sen. Josh Hawley to proceed with an objection to counting Biden’s victory in Pennsylvania.
House Speaker Nancy Pelosi announced just two days after the episode that her party was prepared to move forward with impeachment if Trump didn’t resign immediately.
Trump didn’t resign and his Cabinet didn’t invoke the 25th Amendment to remove him from office. The following Monday, Democrats formally introduced their impeachment resolution, charging Trump with “incitement of insurrection.”
The single impeachment article specifically points to Trump’s repeated false claims that he won the election and his speech to the crowd on Jan. 6 before the rioters breached the Capitol. It also cited Trump’s Jan. 2 call with Georgia’s Republican secretary of state, Brad Raffensperger, where the President urged him to “find” enough votes for Trump to win the state.
The House voted to impeach Trump 232 to 197 two days after their resolution was formally introduced, and exactly one week after rioters forced lawmakers to flee from the very chamber in which they cast ballots. Ten House Republicans joined Democrats to impeach.
The blazing House impeachment process prompted a push among Democrats for an immediate Senate trial, potentially before Trump left office on Jan. 20. Sen. Mitch McConnell rejected those calls and ultimately struck a deal with Schumer that allowed some formal steps in late January before the trial formally begins this week — a delay that allowed the Senate to confirm some key Cabinet members as well as time for Trump’s defense team to prepare.