February 9, 2021 Trump impeachment trial news | CNN Politics

Trump’s second impeachment trial: Day 1

15 impeachment 2021 roll call vote
Senate says Trump's impeachment trial is constitutional
04:21 - Source: CNN

What we covered here 

  • 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.

74 Posts

Key takeaways from the first day of Trump's impeachment trial

The second impeachment trial of former President Trump started today with a debate on the constitutionality of the proceeding.

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.

Senators were shown Capitol riot footage during today's trial. Here's how they felt reliving those scenes.

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.”

Republican senator: Trump's legal team was not "very well prepared"

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.

Watch here:

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01:20 - Source: cnn

See sketches from the first day of Trump's impeachment trial

Sketch artist Bill Hennessy was inside the Senate chamber to observe opening statements at former President Trump’s second 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
Sen. Mitt Romney, a Republican from Utah, stops to talk to Sen. Ted Cruz, a Republican from Texas, at today's impeachment trial.

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

Source close to Trump's first impeachment team says they had a "different level of experience"

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. 

Lead impeachment manager on GOP senators who joined Democrats on vote today: "People's minds are open"

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.

Masks are expected but not required during the impeachment trial, officials say

Masks will not be required on 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.  

GOP Sen. Rubio calls trial "absurd" and says Trump should be tried as a private citizen

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.

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.

Trump attorney Bruce Castor: "I thought we had a good day"

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.

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.

Fact check: Castor's claim that Trump can't be impeached since he's out of office is misleading

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.

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.

Cassidy previously voted in favor of GOP Sen. Rand Paul’s recent motion that impeachment after Trump left office is unconstitutional.

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.

Watch here:

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02:14 - Source: cnn

Fact check: Castor inaccurately suggests "high Crimes and Misdemeanors" must be criminal offenses

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.” 

Facts First: Castor is inaccurate. There is widespread agreement among constitutional scholars that the Framers of the Constitution did not believe “high Crimes and Misdemeanors” had to be violations of criminal law

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.  

Republican senator gives tough criticism of Trump's defense attorney

US Senator John Cornyn speaks to the press before the start of the trial of former US President Donald Trump on Tuesday, February 9.

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.

Trump unhappy with his attorney's performance, sources say

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.

Watch here:

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01:48 - Source: cnn

The perpetrators of the Capitol riot "should be prosecuted to the full extent of the law," says Sen. Romney

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.

How a Trump team adviser described his legal team's messy opening day

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.

This GOP senator changed his vote on the constitutionality of Trump's impeachment

Sen. Bill Cassidy

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.

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.

Senate says Trump's impeachment trial is constitutional

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.

Watch the vote:

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09:08 - Source: cnn

READ MORE

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Trump lawyers argue former President did not incite riots by telling supporters to ‘fight like hell’
Roberts won’t preside over impeachment trial, but Leahy set to follow his 2020 script
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READ MORE

What we know about how Trump’s second impeachment trial will go
Senate leaders reach agreement on impeachment trial rules
Trump tells aides he thinks he’ll be acquitted as he remains fixated on ‘accountability’ for GOP lawmakers who voted to impeach
Trump lawyers argue former President did not incite riots by telling supporters to ‘fight like hell’
Roberts won’t preside over impeachment trial, but Leahy set to follow his 2020 script
Two impeachment trials in less than two years. Here’s how we got here