Seven Republicans joined the 50 Democrats to find him guilty, but they fell short of a two-thirds majority needed to convict.
Trump is the only President in US history to ever be impeached twice and the first to have his impeachment tried in the Senate while out of office.
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Trump survived his second impeachment trial today. Here's what you need to know.
Senate TV/Getty Images
The Senate voted 57-43 today to acquit former President Trump of inciting an insurrection at the Capitol on Jan, 6.
Trump’s second impeachment trial lasted five days with both House managers and defense lawyers presenting evidence and arguments to support their positions.
Our live coverage of the trial has ended, but in case you missed it, here’s what you need to know about today’s proceedings:
Trump acquitted: The vote to convict was 57 to 43, 10 short of the necessary threshold. It came after a long day of arguments over whether to allow witnesses at the trial and following closing arguments from both sides. Seven Republicans — Richard Burr, Bill Cassidy, Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse and Pat Toomey — voted to convict.
House managers asked for witnesses: At the start of today’s trial, House lead impeachment manager Rep. Jamie Raskin announced that the managers were seeking to subpoena Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump in which the former President said the rioters cared more about the election results than McCarthy did. After Raskin announced Democrats would seek witnesses, Trump’s lawyer Michael van der Veen responded that if Democrats were going to ask for witnesses, Trump’s team was going to need 100 depositions.
A bipartisan Senate vote on witnesses: The vote was 55 to 45, with five Republicans joining Democrats in voting to allow witnesses. GOP Sen. Lindsey Graham initially voted no, but changed his vote to yes, meaning he changed his vote to allow witnesses.
Confusion and a break: Following the vote, there appeared to be some confusion on the Senate floor about the move, with one senator even asking what exactly they just voted on. Bipartisan groups of senators huddled, and the timeline of the trial seemed murky. Then the Senate went into a recess.
The evidence deal: Returning from the break, Senate leaders, the House managers and Trump’s legal team announced they had agreed to insert the statement of Rep. Herrera Beutler from a CNN report into the trial record, rather than taking a deposition.
Closing arguments: The House impeachment managers and Trump’s team then moved on to their closing arguments, signaling the trial would end without witnesses.
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Raskin: "We defended our House"
From CNN's Josiah Ryan
House impeachment managers led by Rep. Jamie Raskin walk out of the Senate Chamber in the Capitol at the end of the fifth day of the second impeachment trial of former President Donald Trump on Saturday, February 13, in Washington DC.
J. Scott Applewhite/AP
Lead impeachment manager Jamie Raskin hailed Democrats’ efforts to convict former President Trump as the “most bipartisan presidential impeachment in the history of the United States,” and said Democrats successfully defended Congress from Trump’s attack.
“They tried to trash our democracy and we revived it, and we protected,” he added.
Raskin then pointed to remarks made by Senate Minority Leader Mitch McConnell shortly after the acquittal as proof that they had succeeded in making their argument.
“Senator Mitch McConnell just went to the floor, essentially to say that we made our case on the facts, that he believed that Donald Trump was practically and morally responsible for inciting the events of January 6th. He described it as we did, as a disgraceful dereliction of duty, a desertion of his office.”
Watch the moment here:
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Trump lawyer says House managers "didn't have a case"
From CNN’s Jason Hoffman
Michael van der Veen, an attorney from former President Donald Trump, removes his mask to speak with reporters on Capitol Hill after the Senate acquitted Trump in his second impeachment trial in the Senate at the U.S. Capitol in Washington on Saturday, February 13.
Alex Brandon/AP
President Trump’s attorney Michael van der Veen said the House impeachment managers were “like a dying animal that we had trapped in the corner,” when they initially voted to call witnesses in President Trump’s second impeachment trial on Saturday. Ultimately, no witnesses were called to testify in the trial.
“What had happened was the day before we demolished their case, and they were like a dying animal that we had trapped in the corner. And so this morning their last gasp were swinging out at us trying to save their case, and it didn’t work,” van der Veen said after the Senate found Trump not guilty of inciting the deadly Jan. 6 riot at the US Capitol.
He added that House managers “didn’t have a case.”
“They shouldn’t have brought this impeachment from the beginning. It really does stem from political hatred,” he said.
Van der Veen would not say whether he has spoken with Trump since the acquittal vote, but said the former President was “vindicated” today.
“He had a good day in court today. He was vindicated. He was found not guilty. The political witch hunt that they had, that the Democrats had thrown at him was defeated, so he should feel quite pleased,” van der Veen said.
The Philadelphia attorney said his home was attacked as the trial was ongoing and that his business is “under siege.”
“My home was attacked, I’d rather not go into that. To answer your question, my entire family, my business, my law firm are under siege right now. I don’t really want to go into that though,” he said.
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GOP Sen. Collins: Trump "incited an insurrection" to prevent "peaceful transfer of authority"
From CNN’s Clare Foran
Sen. Susan Collins.
Source: Senate TV
GOP Sen. Susan Collins, who was among the Republicans who voted to convict former President Trump, spoke on the Senate floor explaining her vote, saying Trump “incited an insurrection with the purpose of preventing that transfer of power from occurring.”
“Instead of preventing a dangerous situation, President Trump created one. Rather than defend the Constitutional transfer of power, he incited an insurrection with the purpose of preventing that transfer of power from occurring,” she said.
Collins said that Trump’s “actions to interfere with the peaceful transition of power – the hallmark of our Constitution and our American democracy – were an abuse of power and constitute grounds for conviction.”
“My vote in this trial stems from my own oath and duty to defend the Constitution of the United States. The abuse of power and betrayal of his oath by President Trump meet the Constitutional standard of high crimes and misdemeanors and for those reasons, I voted to convict,” she said.
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What the scene was like in the Senate during the final vote
From CNN’s Sarah Fortinsky via pool
Republicans Sens. Tim Scott and Ben Sasse were sitting in the back of the chamber talking ahead of the final vote and appeared to be guessing who would vote. Scott kept flashing the No. 5 with his hand.
When the vote started, Republican Sen. Susan Collins closed the folder on her desk. After she voted guilty, she stared straight ahead. Republican Sen. Lisa Murkowski did the same after her “guilty” vote – she looked straight ahead, jaw set.
When Sen. Bill Cassidy voted, he stood up, black bag laying on top of his desk, both hands on top of it, and said “guilty.” Cassidy left the room while the “R’s” were being called, at around when Democratic Sen. Jacky Rosen was voting.
Senate Majority Leader Chuck Schumer glared at Senate Minority Leader Mitch McConnell when the Republican voted to acquit Trump.
Republican Sen. John Thune, who ultimately voted not guilty, looked visibly uncomfortable the entire time. His head was in his hands, and he clasped and unclasped his hands several times. He shook his feet beneath him.
When Thune finally voted, his “not guilty” was done in barely audible volume. Murkowski, who sits behind him, shot a glare at the back of his head.
Republican Sen. Rob Portman, who sits behind Republican Sen. Richard Burr, went to Burr when the vote was over and patted him on the back and they started briefly chatting.
On his way out, Burr walked by Sasse, grabbed his arm, and they chatted, almost whispering, for a minute or two.
More on today’s vote: The final vote was 57 guilty to 43 not guilty, short of the 67 guilty votes needed to convict.
But the seven Republican senators who voted against former President Trump amounted to a number higher than even Trump’s legal team had expected, marking a stark departure from the first impeachment trial where only one Republican, Mitt Romney of Utah, found Trump guilty.
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Leahy, the trial presiding officer, says he worked hard to be impartial
From CNN's Ryan Nobles
Sen. Patrick Leahy leaves the Senate Chamber after presiding over the second impeachment trial of former President Donald Trump, at the Capitol in Washington on Saturday, February 13.
J. Scott Applewhite/AP
Sen. Patrick Leahy, a Democrat from Vermont, said he understands the important role he played as presiding judge and he worked as hard as he could to be impartial.
“Well, I’ve presided over hundreds of hours before. Nothing like this I, I realized the significance,” he said.
When asked about the seven Republicans who voted to convict, Leahy demurred. “I don’t want to comment on that, I just tried to be as impartial as I possible could in that position.”
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Why McConnell says he voted not guilty
From CNN's Adrienne Vogt
Senate Minority Leader Mitch McConnell.
Source: Senate TV
Senate Minority Leader Mitch McConnell said if former President Trump was still in office, “I would have carefully considered whether the House managers proved their specific charge.”
“Donald Trump’s no longer the president. Likewise, the provision states that officers subject to impeachment and conviction shall be removed from office if convicted,” he said, emphasizing “from office.”
McConnell did not count out the possibility of Trump being tried in civil or criminal courts.
“President Trump is still liable for everything he did while he was in office as an ordinary citizen unless the statute of limitations is run, still liable for everything he did while in office. Didn’t get away with anything yet. Yet. We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one,” he said.
McConnell said the Senate’s decision to acquit Trump does not condone the violence on Jan. 6.
“It simply shows that senators did what the former President failed to do. We put our constitutional duty first,” he said.
As Senate majority leader last month, McConnell rebuffed calls by Senate Democrats for a speedy trial during Trump’s final days in office.
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McConnell: "Trump is practically and morally responsible for provoking" Capitol riot
From CNN's Adrienne Vogt
In this image from video, Senate Minority Leader Mitch McConnell of Ky., speaks after the Senate acquitted former President Donald Trump in his second impeachment trial in the Senate at the U.S. Capitol in Washington on Saturday, February 13.
Senate TV
Senate Minority Leader Mitch McConnell called the Jan. 6 Capitol attack a “disgrace.”
“They did this because they had been fed wild falsehoods by the most powerful man on Earth. Because he was angry. He had lost an election. Former President Trump’s actions preceded the riot were a disgraceful, disgraceful dereliction of duty,” McConnell said.
McConnell said there were “wild myths” about election fraud, but he said he defended Trump’s right to bring any complaints to the legal system.
“As I stood up and said clearly at that time, the election was settled. It was over. But that just really opened a new chapter of even wilder, wilder and more unfounded claims,” he said. “The leader of the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feign surprise when people believe him and do reckless things.”
Trump “did not do his job” to end the Jan. 6 violence, McConnell said.
McConnell called the Trump defense team invoking Trump’s voters during the impeachment trial “as a human shield against criticism.”
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Here's how Trump's team reacted to his acquittal
From CNN's Pamela Brown
A source on former President Trump’s team reacted to the acquittal, saying, “Wow, phew.”
The source expressed relief Democrats did not ultimately call witnesses because they had heard some Republicans were on the fence and they were waiting to hear from witnesses.
The source says they were expecting five or six Republicans to vote for impeachment, but the final vote that included seven GOP members voting to impeach was “unexpected and a shock.”
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GOP Sen. Cassidy says he voted to convict Trump because "he is guilty"
From CNN's Alex Rogers
Republican Sen. Bill Cassidy of Louisiana said he voted to convict former President Trump “because he is guilty.”
Cassidy was one of seven Republican senators who joined Democrats in voting to convict Trump of inciting an insurrection at the Capitol on Jan. 6. Trump was ultimately acquitted as Democrats failed to get enough Republicans to join them in convicting Trump.
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Here's what Trump said after his second acquittal
Former President Trump just released a statement following the Senate vote to acquit him in his second impeachment trial.
Part of the statement read:
Trump also thanked his legal team and “all of the United States Senators and Members of Congress who stood proudly for the Constitution we all revere and for the sacred legal principles at the heart of our country,” in the statement.
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Schumer blasts Trump's acquittal as "un-American"
From CNN's Josiah Ryan
Senate Majority Leader Chuck Schumer tore into the Senate’s decision to acquit former President Trump, calling the vote “un-American” and insulting to patriots who gave their lives for our republic over the centuries.
“The former President inspired, directed, and propelled a mob to violently prevent the peaceful transfer of power, subvert the will of the people, and illegally keep that President in power,” he said, speaking moments after the upper chamber had voted to acquit Trump.
Schumer went on to say the events of Jan. 6, would be Trump’s “final terrible legacy” and the 57 Republicans who voted to acquit would be forever linked to that legacy.
“Let it live on in infamy, a stain on Donald John Trump that can never, never be washed away,” he said.
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These are the 7 GOP senators who voted to convict Trump
The Senate just voted to acquit former President Trump in his second impeachment trial. The vote was 57-43, with seven Republicans joining the Democrats. Senators needed a two-thirds majority to convict Trump.
These are the seven Republicans who voted to convict the former President:
Richard Burr
Bill Cassidy
Susan Collins
Lisa Murkowski
Mitt Romney
Ben Sasse
Pat Toomey
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Former President Trump acquitted in historic second impeachment trial
Fabrice Coffrini/AFP/Getty Images
Former President Trump has been acquitted in his historic second impeachment trial, with seven Republican senators joining 50 Democrats voting to convict, fewer than the 17 needed.
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Democrats fail to get enough Republicans to convict Trump
The Senate is on track to acquit former President Trump of inciting the insurrection at the Capitol, with Democrats failing to reach the threshold of Republicans needed to convict him — at least 17.
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The Senate is voting on whether to convict Trump
Senate TV
The Senate is voting on whether to convict former President Trump on one article of impeachment for inciting the Capitol riot.
It follows a day of surprise and confusion after a motion to seek witnesses passed. The Senate then went into a break to discuss how to move forward.
They ultimately agreed to enter a statement from Rep. Jaime Herrera Beutler – describing a phone call between former President Trump and House GOP leader Kevin McCarthy – into the record instead of calling her as a witness.
Both sides then made closing arguments that have now concluded.
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Read the House of Representatives' article of impeachment against Donald Trump
The clerk is reading the House of Representatives’ article of impeachment against former President Trump on the Senate floor. The Senate is about to vote on whether to convict Trump.
Democrats in the House of Representatives voted to impeach Donald Trump on Jan. 13, charging him with “incitement of insurrection” for his role in the Capitol riot.
Impeachment manager is now rebutting part of defense team's closing argument
Senate TV
Former President Trump’s defense team just concluded their closing speech.
House impeachment manager Jamie Raskin is now rebutting some of attorney Michael van der Veen’s claims.
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Trump defense lawyer calls impeachment a “complete charade”
From CNN's Adrienne Vogt
Senate TV
In his closing remarks, former President Trump’s defense attorney Michael van der Veen slammed Democrats for pursuing impeachment.
“Democrats were obsessed with impeaching Mr. Trump from the very beginning of his term. … And now they have conducted a phony impeachment show trial when he’s a private citizen out of office,” van der Veen added.
Van der Veen said Democrats’ fear of Trump possibly being elected to public office in the future is driving this impeachment trial.
He called the proceedings a “maniacal crusade” by House Democrats and urged senators to not “go down this dark path of anonymity and division.”
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Trump was briefed on Pence's safety on day of Capitol riot
From CNN's Pamela Brown and Kevin Liptak
Alex Wong/Getty Images
Then-President Trump was aware his vice president had been evacuated to a secure location as rioters were storming the US Capitol, according to a person who was with the former President on Jan. 6.
And while Trump never attempted to contact Vice President Mike Pence directly, infuriating Pence’s team, he did express concern for Pence to advisers gathered in the dining room off the Oval Office over the course of the afternoon, said Gen. Keith Kellogg, who was among the aides surrounding Trump.
After returning to the White House from his midday rally on the Ellipse, Trump and his aides gathered around the flat-screen television in the presidential dining room as his supporters began storming the Capitol.
Trump at the time was irate with Pence for informing him he would not attempt to overturn the election results. He continued to be focused on the electoral count well into the afternoon.
As images on television played of rioters entering the Capitol, rushing past security barriers, Trump asked aides whether Pence was safe, according to Kellogg, who was Pence’s national security adviser but was with the then-President that day.
Aides informed Trump that Pence was under Secret Service control and had been taken to a secure location, Kellogg said.
“Absolutely he was concerned about Pence,” said Kellogg, who was with Trump at the White House as the rioting unfolded. Kellogg, who was Pence’s national security adviser was in communication with the vice president through this staff at the Capitol. They were communicating back to the White House and getting that information to Kellogg
Another person familiar with the situation confirmed Kellogg’s account to CNN.
Multiple sources say Trump never attempted to contact Pence directly.
At 2:24 p.m. ET, Trump tweeted that Pence lacked “courage,” a message that came minutes after the vice president was rushed off the Senate floor and to a secure location. People in the room said they did not fully understand how bad situation was at the time the tweet was sent as they do in hindsight.
In the ensuing minutes, however, the severity of the situation became more apparent. Aides gathered in the dining room weighed how to respond, ultimately convincing Trump to tweet to the protesters to be peaceful — a sentiment he initially resisted, another source familiar says.
Another source involved pushed back on that characterization, saying it was a very dynamic environment and there were several versions of the tweet being passed around.
At one point, officials at the White House were made aware of a plan to evacuate Pence to Joint Base Andrews, which never ultimately transpired. Pence remained at the Capitol and later returned to the Senate chamber to oversee the Electoral College certification.
Separately, on the night before the Jan. 6 rally, Trump heard protesters gathering for the next day’s rally from the Oval Office, according to a person familiar with the matter. The energy from the crowd prompted Trump to ask what could be done to put maximum pressure on lawmakers to object to the Electoral College certification.
Aides told him his speech would be the focal point of the day.
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Trump's lawyers are making their closing arguments
Senate TV
Donald Trump’s defense team is now making closing arguments in the second impeachment trial against the former President.
The House managers have already made their speeches. Rep. Jamie Raskin, lead impeachment manager, argued that Trump was the “inciter-in-chief” of the violence that happened on Jan. 6 and “supported the mob.”
“We’ve proved he betrayed his country, we’ve proved he betrayed the Constitution, we proved he betrayed his oath of office,” Raskin said.
“Senators, this trial in the final analysis is not about Donald Trump, the country and the world knows who Donald Trump is. This trial is about who we are, who we are,” he added.
Moments earlier, House managers and Trump’s defense team agreed to enter a statement from Rep. Jaime Herrera Beutler describing a phone call between former President Trump and House GOP leader Kevin McCarthy into the record.
House impeachment managers had asked the Senate this morning to call witnesses in Trump’s second impeachment trial. Instead, Senate and trial lawyers agreed hours later to insert the statement into the trial record, moving the trial toward a final vote later today.
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"You can't claim there's no due process," impeachment manager says
From CNN's Adrienne Vogt
Senate TV
House impeachment manager Joe Neguse went through the reasons he believes that former President Trump and his legal team have offered up “distractions” during the impeachment trial, including claims of the denial of due process.
“We know this case isn’t one that requires a complicated legal analysis. You all lived it. The managers and I, we lived it. Our country lived it,” he said.
Neguse also mentioned Trump’s defense presenting a video compilation of Democratic lawmakers using words like “fight.”
“What you will not find in those video montages that they showed you is any of those speeches, those remarks, culminating in a violent insurrection on our nation’s Capitol,” Neguse said. “That’s the difference.”
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Impeachment manager: "This trial is not borne from hatred, borne from love of country"
From CNN's Josiah Ryan
Impeachment manager Joe Neguse concluded his case against former President Trump with an emotional appeal to senators to put their country before party.
Neguse rebuffed the defense’s claims on Friday that Democrats’ case against Trump was motivated by hate saying he had taken lifelong inspiration from Martin Luther King Jr.’s own appeal to love: “I have decided to stick with love. Hate is too great a burden to bear.”
“This trial is not borne from hatred, far from it. It’s borne from love of country, our country, our desire to maintain it, our desire to see America at its best,” he said.
Neguse went on to warn of a dark future if senators did not “rise to the occasion” and convict Trump.
“The stakes could not be higher,” he said. “Because the cold, hard truth is that what happened on January 6th can happen again. I fear… the violence we saw that terrible day may be just the beginning.”
“Senators, this cannot be the beginning,” he concluded. “It can’t be the new normal. It has to be the end. That decision is in your hands.”
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Here's why Democrats backed away from calling for witnesses to testify
From CNN's Manu Raju
After a last-minute decision calling for witnesses, House Democrats ultimately decided to cut a deal because of the unpredictability of how that would turn out and fears that doing so could backfire and undermine their case, according to multiple sources with knowledge of the discussions.
Democrats didn’t make a decision to call Rep. Jaime Herrera Beutler to testify until shortly before the proceedings began Saturday morning, sources said. They ultimately settled on submitting her statement to the record as long as former President Trump’s attorney made a public statement agreeing to submit it as evidence.
The reason: They believed that pushing forward with her testimony would add little beyond her statement and could potentially cost them GOP support, while dragging out the proceedings further.
The sources told CNN that Democrats were uncertain how Herrera Beutler’s testimony would come across after she was subject to cross examination, with some concerns that she could potentially undercut their case if there were holes in her account.
Moreover, if they called other witnesses, it could also backfire. For instance, House GOP Leader Kevin McCarthy could provide testimony that defended Trump, undermining what they believe is a rock-solid case that Trump incited the Jan. 6 insurrection at the Capitol, the sources said.
Plus witnesses would not ultimately change GOP senators’ minds, they concluded, while hearing from witnesses could bog down the Senate for weeks and imperil President Joe Biden’s agenda.
With Sens. Joe Manchin of West Virginia and Angus King of Maine, who are two centrist members of the Senate Democratic caucus, telling CNN that there needed to be an equal number of witnesses on both sides, that meant that the trial could be delayed for an indefinite period, perhaps weeks.
And with a weeks-long delay, it could threaten Democrats’ ability to advance Biden’s agenda since they need consent from Republicans to schedule votes on nominees and other matters. With no consent, the Senate could be in a state of gridlock because Senate Majority Leader Chuck Schumer would be forced to take procedural steps to overcome an objection, a process that takes days for each objection.
Moreover, Democrats are pushing hard to get a massive Covid-19 relief package done within weeks, and a trial could distract from that effort.
Ultimately, the team decided that if they went forward with witnesses, it could potentially alienate Senate Republicans, causing them to shed some support, rather than gain any more supporters for conviction.
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Senate resumes closing arguments after brief pause to question managers' evidence
Senate TV
The Senate resumed closing arguments after a brief pause, again, following an objection to video being shown by House impeachment manager Madeleine Dean.
Dean argued the statement was already on record but there was confusion over admitting the video – as new evidence is not allowed to be admitted at this stage of the trial.
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Impeachment manager plays video montage of Trump's lies in closing argument
From CNN's Josiah Ryan
Impeachment manager Rep. Madeleine Dean began her closing argument this afternoon by playing a video montage of former President Trump repeating the false claim that the election had been rigged.
Dean then played the video which included Trump lying repeatedly.
“There won’t be a transfer, frankly,” Trump said. “There will be a continuation.”
“The only way we’re going to lose is if there’s mischief, mischief and it will have to be on a big scale,” he said. “So, be careful.”
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Impeachment managers have resumed their closing arguments after a brief pause
Impeachment managers have resumed their closing arguments.
Moments ago, Sen. Mike Lee, a Republican from Utah, interrupted impeachment managers’ closing arguments, pausing the trial.
Lee seemed to be objecting to a timeline about a call he had with former President Trump on Jan. 6 as the Capitol riot was underway.
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Managers pause closing arguments after GOP senator's interruption
Closing arguments are on hold after Sen. Mike Lee, a Republican from Utah, interrupted the proceedings.
Lee seemed to be objecting to a timeline about a call he had with former President Trump on Jan. 6 as the Capitol riot was underway.
Here's what to expect in the closing arguments from Trump's defense team
From CNN's Pamela Brown
It’s anticipated that former President Trump’s defense team will have a quick closing statement.
It is expected to be about 30 minutes give or take.
They will deliver a quick summary of main points.
They may address the phone call between House Minority Leader Kevin McCarthy and Trump, but are still working it out, according to a person with knowledge of ongoing discussions.
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House impeachment manager says Trump "must be convicted"
From CNN's Adrienne Vogt
Senate TV
“It’s now clear beyond doubt that Trump supported the actions of the mob” on Jan. 6, lead impeachment manager Rep. Jamie Raskin said in his closing arguments. “And so he must be convicted. It’s that simple.”
Raskin said that the former president sided with those who stormed the Capitol and failed to protect lawmakers, including his Vice President.
His “dereliction of duty … was central to his incitement of insurrection, and inextricable from it,” Raskin said.
The revelation of the former President’s call with House GOP leader Kevin McCarthy “confirm that Trump was doing nothing to help the people in this room or this building,” Raskin said.
“President Trump must be convicted for the safety and security of our democracy and our people,” Raskin added in his last statement.
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Senator who Trump called on Jan. 6 hands over his phone records to impeachment managers
From CNN's Lauren Fox and Manu Raju
Sen. Mike Lee (R-UT) heads to the Senate Chamber before the fifth day of the Senate Impeachment trials on Saturday, February 13, 2021.
Greg Nash/Pool/Getty Images
Sen. Mike Lee, a Republican from Utah, could be seen handing over various phone records to House impeachment managers.
CNN previously reported that former President Trump first called the personal cell phone of Lee shortly after 2 p.m. ET on Jan. 6. At that time, the senators had been evacuated from the Senate floor and were in a temporary holding room, as a pro-Trump mob began breaching the Capitol.
Lee picked up the phone and Trump identified himself, and it became clear he was looking for Sen. Tommy Tuberville, a Republican from Alabama, and had been given the wrong number. Lee, keeping the President on hold, went to find his colleague and handed Tuberville his phone, telling him the President was on the line and had been trying to reach him.
Tuberville spoke with Trump for less than 10 minutes, with the President trying to convince him to make additional objections to the Electoral College vote in a futile effort to block Congress’ certification of then President-elect Joe Biden’s win, according to a source familiar with the call. The call was cut off because senators were asked to move to a secure location. Tubervillle has said he told Trump Pence was being evacuated.
Lee said the call when Trump called happened at 2:26 p.m. ET on Jan. 6. This is two minutes after President Trump’s tweet attacking Vice President Mike Pence.
House managers maintained that the call happened before the tweet.
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Read the full statement that was just entered into the record at the impeachment trial
Rep. Jaime Herrera Beutler (R-WA) arrives to a House GOP caucus meeting at the U.S. Capitol on February 3, 2021 in Washington, DC.
Drew Angerer/Getty Images
Moments ago, House impeachment manager Jamie Raskin read a statement from a House Republican describing a phone call between former President Trump and House GOP leader Kevin McCarthy on the day of the riot.
After the Senate voted to allow witnesses at the impeachment trial, Senate leaders, the House managers and Trump’s legal team instead agreed to insert the statement of GOP Rep. Jaime Herrera Beutler from a CNN report into the trial record, rather than taking a deposition.
“In my January 12 statement in support of the article of impeachment, I referenced a conversation House Minority Leader Kevin McCarthy relayed to me that he’d had with President Trump while the January 6 attack was ongoing. Here are the details:
“When McCarthy finally reached the president on January 6 and asked him to publicly and forcefully call off the riot, the president initially repeated the falsehood that it was antifa that had breached the Capitol. McCarthy refuted that and told the president that these were Trump supporters. That’s when, according to McCarthy, the president said: ‘Well, Kevin, I guess these people are more upset about the election than you are.’
“Since I publicly announced my decision to vote for impeachment, I have shared these details in countless conversations with constituents and colleagues, and multiple times through the media and other public forums.
“I told it to the Daily News of Longview on January 17. I’ve shared it with local county Republican executive board members, as well as other constituents who ask me to explain my vote. I shared it with thousands of residents on my telephone town hall on February 8.
“To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time.”
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House impeachment managers are delivering their closing arguments
Senate TV
House impeachment managers are now making their closing arguments.
It follows a day of surprise and confusion after a motion to seek witnesses passed.
The Senate then went into a break to discuss how to move forward.
They ultimately agreed to enter a statement from Rep. Herrera Beutler – describing a phone call between former President Trump and House GOP leader Kevin McCarthy – into the record instead of calling her as a witness.
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Senators settle on admitting a witness statement into Trump's trial record instead of calling witnesses
House managers and Trump’s defense team agreed to enter a statement from Rep. Herrera Beutler describing a phone call between former President Trump and House GOP leader Kevin McCarthy into the record.
House impeachment managers had asked the Senate this morning to call witnesses in former President Trump’s second impeachment trial. Instead, Senate and trial lawyers instead agreed hours later to insert the statement into the trial record, moving the trial toward a final vote later Saturday.
Lead impeachment manager Jamie Raskin read the statement from Herrera Beutler of Washington state into the trial record when the Senate resumed session on Saturday, admitting the statement into the trial evidence. The managers and Trump’s team then moved onto closing arguments without making any more calls for witnesses.
More on this: Herrera Beutler revealed details about an expletive-laced phone conversation between McCarthy and Trump on Jan. 6 as the Capitol riot was underway. In the call Trump is reported to have said the rioters cared more about the election results than McCarthy did.
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Sen. Ted Cruz says negotiations "going on right now" to still end the trial today
From CNN's Annie Grayer
Alex Edelman/AFP/Getty Images
Sen. Ted Cruz, a Republican from Texas, confirmed that there are discussions underway in which the impeachment trial still wraps up today, even as the Senate just voted to call witnesses in the impeachment trial.
“We may see a resolution. There are negotiations going on right now that we could see this thing resolved and ended today,” Cruz told reporters.
He made clear that Republicans will not accept Democrats being able to call witnesses without Republicans getting the same opportunity.
In what John King described as “bluster and bullying” by some GOP senators, Cruz told reporters that it is very likely Trump’s team calls House Speaker Nancy Pelosi because they want her to testify about when she knew there was a threat at the Capitol and whether she was involved in a decision to not beef up security prior to Jan. 6. Cruz said he did not think Trump should be forced to testify.
However, rules agreed to by both parties ahead of the trial mandate that, in order for a witness to be called, the Senate would need a simple majority of votes. With Democrats holding a one-vote advantage, it is unlikely that Pelosi would ultimately be called.
“I think if the Democrats want to open this Pandora’s box, I don’t think it’s going to work out well for them,” Cruz said.
Cruz described the House Managers call for witnesses a “hail Mary” and said the only reason the managers are making the call for witnesses is because of “leftist Twitter.”
Cruz described the change of course from unanimous consent of not calling witnesses to the last minute move by the House managers to call witnesses as “chaos.”
He outlined that even if witnesses are called, it will not change the outcome of the trial. He said it is most likely only 55 senators will vote to convict, “plus or minus 2,” which is not near the two-thirds majority needed for conviction.
Cruz said the prospect of this trial lasting until March is not good for Democrats who just took control of committees and have a lot to do in terms of passing legislation around their agenda, a prospect he believes Schumer is trying to avoid.
“I just came from the Republican cloakroom. There are a lot of Republican senators that are saying all right fine if you want to drag this out every day we’re in this trial is a day that the Democratic majorities are not destroying the country are not passing policies that are killing jobs and putting people out of work and keeping kids out of school. I think Schumer is trying desperately to get out of this dam, into which they’ve driven themselves” Cruz said.
“I don’t think Joe Biden wanted to go down the road of impeachment. I don’t think Schumer and most of the Democratic senators wanted to go down the road of impeachment,” he added.
Cruz said GOP Rep. Herrera Beutler’s account that spurred the House managers wanting to call witnesses is based on “hearsay” or “double hearsay” which would not hold up in the court of law.
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The Senate is back in session
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The Senate has just reconvened after taking a break.
The break followed a period of confusion on the Senate floor after a vote to call witnesses passed.
Lawmakers had been expecting to vote as soon as this afternoon on whether to convict Trump for inciting the insurrection at the US Capitol last month, but the vote to allow witnesses means the trial is likely to extend – though senators must vote to approve any witnesses or subpoenas.
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The witness who House managers want to call took "copious notes"
From CNN's Adrienne Vogt
Bill Clark/CQ Roll Call/AP
At the start of today’s trial, impeachment manager Rep. Jamie Raskin announced that House managers were seeking to subpoena Rep. Jamie Herrera Beutler.
This followed a report by CNN’s Jamie Gangel last night that former President Trump had an expletive-laced phone call with House Republican leader Kevin McCarthy on the day of the Capitol riot, in which Trump refused to call off the rioters.
Gangel discussed her reporting and said Herrera Beutler kept “copious notes” about the call.
“So when she was talking to Kevin McCarthy, they had a phone call. And he told her directly about what President Trump had said. She had that notebook, and she took copious, careful, realtime notes,” Gangel told CNN’s Wolf Blitzer.
A comment from Trump about the would-be insurrectionists caring more about the election results than McCarthy was confirmed to CNN by Herrera Beutler and other Republicans briefed on the conversation.
“I think it’s important to note it wasn’t just that she was taking notes on that particular phone call. She had really been memorializing everything that she knew about the insurrection. And to help her make a decision about how to vote on impeachment,” Gangel said.
Hear more from CNN’s Jamie Gangel:
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Intense talks are underway about next steps, but nothing has been resolved
From CNN's Manu Raju
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According to multiple sources involved directly in talks to resolve the issue of witnesses, there are intense discussions involving all parties right now: Senate GOP Leader Mitch McConnell, Democratic Leader Chuck Schumer, along with former president Trump’s team and the House impeachment managers.
They’re all having different discussions and proposing different ideas. There’s talk about crafting a resolution that will draft rules for how to handle witness testimony. And there’s talk about having specific vote on a motion for testimony.
As CNN reported there are also discussions ongoing about avoiding witness testimony at all and dropping it directly in the record.
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Trump's legal team was hanging by a thread before this witness drama
From CNN's Kaitlan Collins
In the backdrop of the unfolding confusion over whether witnesses will be called is the already tenuous status of former President Trump’s defense team. They had been essentially hanging by a thread for the last several days, according to multiple people, who described internal deliberations as chaotic, disorganized and strained.
The attorneys and advisers have been arguing constantly over disagreements about how to move forward for days.
They were irritated by Trump’s criticism and unprepared for how to deal with his outbursts. He has mainly been angry about their performance, though he liked Michael van der Veen and praised him last night. The attorneys have argued with each other and were annoyed by GOP senators telling them what to do do on the floor.
And now that there’s the threat of witnesses, they are trying to figure out how much longer they will be doing this job they believed was coming to an end.
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Here's how the White House is reacting to the call for witnesses
From CNN's Kevin Liptak and Jasmine Wright
Patrick Semansky/AP
One Biden administration official is downplaying the prospects of an extended impeachment trial impeding President Biden’s legislative agenda — suggesting the trial itself wouldn’t continue on the Senate floor as witnesses are deposed, which would allow for legislative business like the Covid-19 relief package to progress through as hoped.
The official said they remain hopeful for passage of Covid-19 relief by mid-March, when unemployment benefits are set to expire. And they continue to believe the Senate can both conduct an impeachment trial and consider legislation at the same time.
Still, the prolonging of the trial will mean former President Trump remains the center of attention for a while longer at a moment at least some White House aides had hoped he would be placed in the rear view mirror. Officials had said they hoped for a quick trial in order to put a final end to the Trump era.
At the very least, the continued fixation on Trump and his actions will crowd out what had been Biden’s planned debut trips into the country to advance his agenda next week, including his CNN town hall on Tuesday and a tour of the Pfizer plant in Michigan on Thursday.
CNN also reached out to Vice President Kamala Harris’s office for reaction, and an official said, “The Vice President’s office referred all questions to the Senate, as this is a senate procedural question on witnesses and timing.”
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Negotiations underway about putting CNN's reporting in the trial record instead of witnesses, source says
From CNN's Dana Bash
Amanda Andrade-Rhoades/Sipa USA/AP
CNN’s Dana Bash is told by one of the sources involved in these discussions that there are bipartisan talks about putting Jamie Gangel’s article in the trial record, instead of calling the witnesses.
Republicans say Trump team should get one witness for every one called by the other side
From CNN's Manu Raju
Sen. Shelley Moore Capito (R-WV) attends a hearing in the Dirksen Senate Office Building in May 2020 in Washington, DC.
Kevin Dietsch/Pool/Getty Images
Senate Republicans are demanding that former President Trump’s defense team gets at least one witness for every witness called by the House impeachment managers, according to Sen. Shelley Moore Capito, a Republican from West Virginia.
She would not say if her mind could be changed but she thinks this trial is unconstitutional.
Sen. Ron Johnson, a Republican from Wisconsin, said the push for witnesses will “further inflame the situation”
There are talks ongoing between Senate leaders and the managers about the structure of the next motion that will be voted on by the full chamber, per senators
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"Absurd" some senators seemed not to know what they were voting for, CNN legal analyst says
From CNN's Adrienne Vogt
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CNN senior legal analyst Laura Coates said it was “absurd” that some senators seemed to be unaware of what exactly they were voting on during the witness vote.
“There’s a little confusion here,” Sen. Dan Sullivan, a Republican from Alaska, said to presiding Democratic Sen. Patrick Leahy. “Was that a vote on one witness or many witnesses?”
Leahy responded that debate was not allowed on the Senate floor.
“These are the senators of the United States government and this tells you just how much … this was a self-fulfilling prophecy,” Coates said.
“Can you imagine in a trial, where you in the middle of it — you’ve already done the procedural issue of constitutionality at the beginning — now in the middle, you’re going to decide the procedure of an impeachment trial?” she said.
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Even aides to impeachment managers were surprised by the call for witnesses
From CNN's Lauren Fox
The House Sergeant of Arms (front) walks with House impeachment managers to the Senate floor as they arrive for the start of the trial of former US President Donald Trump on Capitol Hill on February 9, 2021.
Eric Baradat/AFP/Getty Images
The fluidity of the situation in the Senate impeachment of former President Trump right now cannot be underestimated.
Sources on both the Republican and Democratic sides of the aisle told CNN that anyone who pretends to know exactly how this ends is not being truthful about how fast this is moving and how much is up in the air.
Just to speak to how closely held this was, aides to impeachment managers were surprised by House impeachment manager Jamie Raskin’s call for witnesses this morning when it happened on the floor.
Meanwhile, in the Senate, lawmakers on both sides are just trying to find a way forward. A source close to the talks on the Senate side told CNN it’s just “TBD” right now and there is a litany of options.
Could, for example, lawmakers agree to enter certain information into the record without formally calling specific witnesses? Would that satisfy Democrats? Ultimately, this is Senate Majority Leader Schumer’s call. Votes on specific witnesses take 51 votes.
And, as we saw from the vote earlier, some Republicans have been willing to support witnesses so votes are not falling cleanly along party lines.
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Trump's lawyers claim they have a list of 300 witnesses they'd like to call
From CNN's Kaitlan Collins and Manu Raju
Former President Trump’s defense team claims they have a list of 300 witnesses prepared, a source says.
Remember: Of course, the Senate will not call all of those. It is not up to the defense team to determine what witnesses will ultimately be called. According to the rules of the trial agreed to by the Senate, each witness that each side requests will need to be approved by a simple majority vote.
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Here's what's happening on the Senate floor now following the witness vote
From CNN's Adrienne Vogt and pool reports
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Bipartisan groups of senators have formed on the floor after the Senate voted to call witnesses in former President Trump’s impeachment trial.
Democratic Sen. Joe Machin was speaking to Republicans and the House impeachment managers, Zeleny said.
Republican Sen. Roy Blunt and Democratic Sens. Mark Kelly, Michael Bennet, Brian Schatz and Ben Ray Lujan formed a cluster, as well as Democratic Sen. Chris Coons and Republican Sens. John Cornyn and Mike Rounds.
“I’m told the House impeachment managers right now are working on the next steps forward and working to see whether other witnesses will come. … But senators right now are realizing that this is going to go on for some time,” Zeleny said.
Sen. Elizabeth Warren said that she wants to see Congress move on to other business, but it is also critical to hold Trump accountable, he added.
“So there clearly is a sense that senators also believe that they can do more than one thing at once,” Zeleny said.
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The Senate is in recess until 12:30 p.m. ET
The Senate is now in recess until 12:30 p.m. ET.
The break follows a period of confusion on the Senate floor after a vote to call witnesses passed. Lawmakers had been expecting to vote as soon as this afternoon on whether to convict Trump for inciting the insurrection at the US Capitol last month, but the Democrats’ desire for witnesses means the trial is likely to extend – though senators must vote to approve any witnesses or subpoenas.
The vote to call witnesses was bipartisan with five Republicans joining Democrats.
Here’s what happens next:
There needs to be another vote on a simple majority basis to subpoena specific witnesses, such as GOP Rep. Jaime Herrera Beutler — who the Democrats specifically said they’d like to subpoena — or anyone else.
If they vote to subpoena a witness, then the trial will slow down dramatically. They may need to recess and find a time to depose them.
Then after the deposition, the chamber would need to set new guidelines on what to do to with the testimony that derives from the witness.
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GOP senators say witnesses won't change any minds on their plans to acquit
From CNN's Manu Raju, Annie Grayer and the CNN Hill team
Republican senators insist that no minds will be changed if witnesses are deposed because they are resting on their procedural argument that there shouldn’t be a trial in the first place for a former President.
“Zero,” Kansas Sen. Roger Marshall said when asked if any minds would be changed.
Wisconsin Sen. Ron Johnson described the vote to call to witnesses as “more than unfortunate.”
“We never should have this impeachment trial it’s just – it’s not healing it’s not, it’s not unifying it’s just like opening up a wound and just rubbing salt in it and I thought we were going to come to a conclusion here today and it was just rip the wound back open let’s rub more salt in it,” he added.
Asked what conversations are happening on the floor, Johnson said it’s about the situation being unfortunate.
“That’s been my conversations, it’s just so this again, this is beyond unfortunate This is just inflaming the situation and we’re trying to put the fire out. And these guys are lighting the fire, but the incitement, you’re talking about incitement the incitement has been going on for four years. Okay.”
Johnson also said the House managers are being hypocritical.
“The hypocrisy of the house managers, the double standard certainly, Trump supporters, understand that it just inflames the situation and now this vote, rather than bring this thing to a close we’re just inflame the situation.”
Johnson would not share more details about his heated conversation with Utah Sen. Romney on the floor.
“Those are private conversations” adding, “that’s grotesque you guys are recording.”
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Pence's former chief of staff has been contacted about providing information, source says
From CNN's Jim Acosta and Alex Marquardt
Pence, joined by Chief of Staff Marc Short finishes a swearing-in ceremony for senators in the Old Senate Chamber on Capitol Hill on January 3, 2021 in Washington, DC.
J. Scott Applewhite/Pool/Getty Images
A source familiar with the work of the House managers says former Vice President Mike Pence’s Chief of Staff Marc Short has been contacted about providing information about threats to Pence.
Short has not responded, the source said.
House managers are also seeking information from Chris Hodgson, Pence’s former head of legislative affairs. House managers believe he was also with Pence that day.
This comes as House Managers have asked the Senate to allow them to bring forward witnesses in the impeachment trial of dormer President Trump.
A former Pence staffer tells CNN that on Jan. 6, then National Security Adviser Robert O’Brien was traveling so President Trump was being staffed by his deputy Matt Pottinger and Gen. Keith Kellogg, Pence’s national security adviser.
Pottinger and Kellogg were at the White House on the day of the rally and riot. Kellogg was in the Oval Office with Trump and his kids as the riots were raging, including when Pence was forced to flee the Senate Chamber.
After Pence fled, Kellogg was in communication with the Vice President through the Vice President’s staff who were with him at the Capitol. Those staff were communicating back to the White House and getting that information to Kellogg, who was with the President.
Pottinger resigned the afternoon of the riots. He told CNN that he did not witness Trump’s response in person. Kellogg is known to be fiercely loyal to the president.
On Friday, Trump’s attorney Michael van der Veen said “at no point” was Trump aware that his Vice President was in danger. But Sen. Tommy Tuberville, a Republican from Alabama, told reporters this week that he spoke to Trump on the phone during the Capitol riot and told him Pence had just been rushed away from the rioters by USSS.
Tuberville told reporters: “I said ‘Mr. President, hey, they just took the Vice President out, I’ve got to go.’”
Another source close to Pence said Trump’s legal team was not telling the truth when attorney Michael van der Veen said “at no point” did the then president know Mike Pence was in danger on Jan. 6. Asked whether van der Veen was lying, the source said “yes.”
Former Pence aides are still fuming over Trump’s actions on Jan. 6, insisting he never checked on the Vice President as he was being rushed from danger by his US Secret Service detail.
Pence has stayed quiet throughout the Senate impeachment trial.
UPDATE: This post has been updated to clarify the whereabouts of two people at the White House that day.
CORRECTION: A previous post misstated the day former President Donald Trump’s deputy national security adviser Matt Pottinger resigned. He left office on January 6 and did not witness the riot in person.
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Bipartisan groups of senators have huddled during the break
From CNN's Sarah Fortinsky via pool notes
The Senate is on a break following senators’ votes this morning to allow witnesses at former President Trump’s second impeachment trial.
Following the vote, there appeared to be some confusion on the Senate floor about the move, with one senator even asking what exactly they just voted on.
Now, during the break, bipartisan groups of conversations formed.
Democratic Sen. Joe Manchin walked into the GOP cloakroom for several minutes. Manchin was in a group of GOP senators in front of their cloakroom doors – a group that included Sens. Tommy Tuberville and Rand Paul – before dipping into the cloakroom and having a several minutes long conversation with someone the pool reporter couldn’t see.
He then emerged and walked the back of the chamber, definitely looking for somebody. He eventually set eyes on Rep. Joaquin Castro at the managers’ table, and came down the aisle gently pushing Sen. Maggie Hassan to one side to have a long whisper conversation with Castro. After the two talked, Castro immediately left the chamber through the doors under our gallery.
Other bipartisan groups chatting on the floor:
Sens. Roy Blunt, Mark Kelly, Michael Bennet, Brian Schatz and Ben Ray Lujan
Sens. Chris Coons, John Cornyn and Mike Rounds
Sens. James Lankford and Maggie Hassan
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House managers want to call this GOP witness. Here's why.
Rep. Jaime Herrera Beutler, a Republican from Washington, speaks during a House Appropriations Subcommittee hearing on Capitol Hill in June 2020.
Al Drago/Pool/Getty Images
At the start of today’s trial, impeachment manager Jamie Raskin announced that House managers were seeking to subpoena Rep. Jaime Herrera Beutler. Here’s why:
Herrera Beutler, a Republican from Washington state, revealed details about an expletive-laced phone conversation between House Republican leader Kevin McCarthy and former President Trump on Jan. 6 – as the Capitol riot was underway. In the call Trump is reported to have said the rioters cared more about the election results than McCarthy did.
McCarthy insisted that the rioters were Trump’s supporters and begged Trump to call them off.
Trump’s comment set off what Republican lawmakers familiar with the call described as a shouting match between the two men. A furious McCarthy told the then-President the rioters were breaking into his office through the windows, and asked Trump, “Who the f–k do you think you are talking to?” according to a Republican lawmaker familiar with the call.
The newly revealed details of the call, described to CNN by multiple Republicans briefed on it, provide critical insight into the President’s state of mind as rioters were overrunning the Capitol. The existence of the call and some of its details were first reported by Punchbowl News and discussed publicly by McCarthy.
The Republican members of Congress said the exchange showed Trump had no intention of calling off the rioters even as lawmakers were pleading with him to intervene. Several said it amounted to a dereliction of his presidential duty.
“He is not a blameless observer, he was rooting for them,” a Republican member of Congress said. “On January 13, Kevin McCarthy said on the floor of the House that the President bears responsibility and he does.”
Speaking to the President from inside the besieged Capitol, McCarthy pressed Trump to call off his supporters and engaged in a heated disagreement about who comprised the crowd.
Beutler mentioned the conversation in a town hall earlier this week, and it was confirmed to CNN again last night by Herrera Beutler and other Republicans briefed on the conversation.
“We should never stand for that, for any reason, under any party flag,” she added, voicing her extreme frustration: “I’m trying really hard not to say the F-word.”
Herrera Beutler went a step further on Friday night, calling on others to speak up about any other details they might know regarding conversations Trump and Pence had on Jan. 6.
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Here's what we know — and what we don't know — about the Senate's vote to call witnesses
Tasos Katopodis/Getty Images
Moments ago, the Senate voted to call witnesses in former President Trump’s second impeachment trial.
Following the vote, there appeared to be some confusion on the Senate floor about the move, with one senator even asking what exactly they just voted on.
If you’re just getting read in, here’s what you need to know:
House managers asked for witnesses: At the start of today’s trial, Rep. Jamie Raskin announced that House managers were seeking to subpoena Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump in which the former President said the rioters cared more about the election results than McCarthy did.
How Trump’s lawyers reacted: After Raskin announced Democrats would seek witnesses, Trump’s lawyer Michael van der Veen responded that if Democrats were going to ask for witnesses, Trump’s team was going to need 100 depositions, saying he had to conduct a thorough investigation into what happened during the riots. He listed House Speaker Nancy Pelosi and Vice President Kamala Harris among those he’d seek to call.
The vote was bipartisan: The vote was 55 to 45, with five Republicans joining Democrats in voting to allow witnesses. GOP Sen. Lindsey Graham initially voted no, but changed his vote to yes, meaning he changed his vote to allow witnesses.
What happens next: There needs to be another vote on a simple majority basis to subpoena specific witnesses, such as Herrera Beutler or anyone else. If they vote to subpoena a witness, then the trial will slow down dramatically. They may need to recess and find a time to depose them.
We’re still not exactly sure how many witnesses could be subpoenaed. It’s also unclear what this means for the timeline of the trial. Before this vote, the Senate had been poised to vote to either convict or acquit Trump as early as this afternoon.
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There's some confusion on the Senate floor after the vote to call witnesses
From CNN's Adrienne Vogt
“There clearly is confusion among senators” right now, according to CNN correspondent Jeff Zeleny, as the lawmakers take a quorum after the Senate voted to call witnesses in former President Trump’s second impeachment trial.
Sen. Dan Sullivan of Alaska at one point asked what exactly the vote was on — if it was on one witness or calling all witnesses — and Sen. Patrick Leahy, who is presiding, said he was not allowing for debate on the Senate floor.
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The Senate just voted to call witnesses. Here's what happens next.
From CNN's Manu Raju and Ted Barrett
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The Senate just agreed to allow motions for specific witnesses. Here’s what happens now:
There needs to be another vote on a simple majority basis to subpoena specific witnesses, such as GOP Rep. Jaime Herrera Beutler — who the Democrats specifically said they’d like to subpoena — or anyone else.
If they vote to subpoena a witness, then the trial will slow down dramatically. They may need to recess and find a time to depose them.
Then after the deposition, the chamber would need to set new guidelines on what to do to with the testimony that derives from the witness.
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Trump's team surprised by turn of events this morning
From CNN's Pamela Brown and Kaitlan Collins
People on former President Trump’s impeachment team are surprised by the turn of events this morning. Some who have been helping the team had been making travel plans to leave on Monday, according to a source familiar.
As of 9 a.m. ET this morning the team was under the impression there would be no witnesses. Now, the source groaned “it will never end.”
Another source confirmed they’re shocked by this development. While they had floated having a list of witnesses, they hadn’t prepared a real list, the source said. They’re huddling now on the phone with other aides about how to proceed.
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Senate votes to call witnesses in impeachment trial
Senate TV
A majority of senators have voted to call witnesses in the second impeachment trial of former President Trump.
The vote was 55 to 45. Five Republicans voted alongside Democrats to pass the motion.
They were Sens. Susan Collins, Lisa Murkowski, Mitt Romney Ben Sasse and Sen. Lindsey Graham.
Graham, a Republican from South Carolina and staunch Trump ally, changed his vote to “aye” at the last minute – presumably to support Trump’s lawyers also calling witnesses in addition to the impeachment managers’ request.
The Senate was poised to vote Saturday on whether to convict Trump for inciting the insurrection at the US Capitol last month, but the Democrats’ desire for witnesses means the trial is likely to extend beyond Saturday, though senators must vote to approve any witnesses or subpoenas.
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Sen. Graham switches vote to support calling witnesses
From CNN's Adrienne Vogt
Jabin Botsford/Pool/Getty Images
South Carolina Republican and staunch Trump ally Sen. Lindsey Graham changed his vote to “aye” in favor of calling witnesses during former President Trump’s impeachment trial.
Five Republicans, including Graham, voted in favor of calling witnesses.
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The Senate is voting on whether to call witnesses
Seators are now voting on if witnesses should be called in the second impeachment trial of former President Trump.
Lead impeach manager Jamie Raskin moments ago announced that they’d like to subpoena at lest one witness: Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump, where the former President said the rioters cared more about the election results than McCarthy did.
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Trump defense attorney said he would need "at least over 100 depositions" if witnesses are called
From CNN's Adrienne Vogt
After House managers said they would like to seek witnesses at former President Trump’s second impeachment trial, Trump’s defense attorney said he’s “going to need at least over 100 depositions, not just one.”
The House impeachment managers are seeking to subpoena Rep. Jaime Herrera Beutler, a Republican from Washington state, after she described a call that House Minority Leader Kevin McCarthy had with Trump on the day of the riot. In that call Trump reportedly said the rioters cared more about the election results than McCarthy did and refused to act.
“After what happened here in this chamber yesterday, the House managers realized they did not investigate this case before bringing the impeachment, they did not give the proper consideration and work, they didn’t put the work in that was necessary to impeach the former president,” Trump’s defense attorney Michael van der Veen said.
“Do not handcuff me by limiting the number of witnesses that I can have,” he added.
Van der Veen said the case should be closed out today.
“Don’t, please, in all fairness and in all due process, do not limit my ability to discover, discover, discover the truth. That would be another sham and that’s the president’s position, my position,” van der Veen said.
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House managers ask to call witnesses
Senate TV
Rep. Jamie Raskin just announced that House managers are seeking to subpoena Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump, where the former President said the rioters cared more about the election results than McCarthy did.
Beutler mentioned the conversation in a town hall earlier this week, and it was confirmed to CNN by Herrera Beutler and other Republicans briefed on the conversation.
“We should never stand for that, for any reason, under any party flag,” she added, voicing her extreme frustration: “I’m trying really hard not to say the F-word.”
Herrera Beutler went a step further on Friday night, calling on others to speak up about any other details they might know regarding conversations Trump and Pence had on Jan. 6.
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This Democratic senator doesn't support calling witnesses
From CNN's Sarah Fortinsky via pool reports
Sen. Mazie Hirono, a Democrat from Hawaii, said she does not support calling witnesses since it likely won’t change any minds.
“If I thought any further witnesses would change any Republican minds, I’d say go for it, but I don’t think so,” Hirono said.
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Democratic senator "incredulous" testimony hasn't changed more minds
From CNN's Lauren Fox
Sen. Sherrod Brown, a Democrat from Ohio, told reporters that he’s “incredulous” that the testimony this week hasn’t changed more minds, but “I’ve watched my spineless colleagues walk around with fear in their eyes for four years so maybe I shouldn’t be surprised.”
He added that he just doesn’t know if witnesses would really make a difference at this point, but it’s up to House managers.
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This GOP senator says he would support calling witnesses
From CNN's Ali Zaslav and Clare Foran
Mandel Ngan/AFP/Getty Images
Sen. Mitt Romney, a Republican from Utah, said he would be open to witnesses if lawyers on either side want to call them.
“That’s up to the respective counsel to decide which elements to bring into the deliberation,” he said when asked by CNN about new revelations about the call between McCarthy and former President Trump and if he wants to hear more.
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GOP Sen. Graham weighs in on Trump-McCarthy call
From CNN's Annie Grayer and Ali Zaslav via pool
When asked by CNN about the call that CNN reported between House Republican leader Kevin McCarthy and Trump on Jan. 6, Sen. Lindsey Graham said, “This is Kavanaugh all over again where you drop stuff right before you vote.”
“So if you want to have investigation let’s investigate everybody. They should have done the investigation this is not part of the charge. This gets old.”
Graham did not answer whether he thought lawyers were right in their account or if McConnell had informed him of his intention to vote to acquit prior to the news coming out.
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Biden has conveyed a desire to "move beyond" impeachment
From CNN's Jeff Zeleny
Eric Baradat/AFP/Getty Images
President Biden and the White House are not officially weighing in on the question of whether House impeachment managers should call witnesses in the trial today, but a senior administration official tells CNN that Biden’s desire to “move beyond” the impeachment proceedings has been clearly conveyed to Democratic leaders.
Biden is spending the weekend at Camp David and is expected to watch at least some of the closing arguments today, aides said, but other top officials are in touch this morning with House impeachment managers, Senate Majority Leader Chuck Schumer and Speaker Nancy Pelosi.
“The House impeachment managers have done a remarkable job making their case,” a senior administration official said, who added: “It may be time to finish this and move beyond it.”
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Day 5 of Trump's second impeachment trial has started
The Senate has convened for day five of former President Trump’s impeachment trial.
First up will be a vote on whether or not to call witnesses.
A person familiar with the Trump team’s legal strategy told CNN this morning that if Democrats seek witnesses, Trump’s legal team will try to call Speaker of the House Nancy Pelosi and DC Mayor Muriel Bowser. They would need 51 votes to subpoena the witnesses, so it’s likely that would never happen.
A final vote on former President Trump’s conviction or acquittal is expected to happen this afternoon.
About the trial so far: After two days of House impeachment managers making their case for the conviction of Trump on a charge of incitement, the former President’s legal team got its chance yesterday. The core of the Trump team’s defense was that his words at the Jan. 6 “Stop the Steal” rally were just that: words. And that those words were far from an incitement that led to the violent insurrection at the Capitol.
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Here's why McConnell says he'll vote to acquit Trump
From CNN's Manu Raju
Mandel Ngan/AFP/Getty Images
Senate GOP Leader Mitch McConnell told his colleagues he could not vote to convict former President Trump in the Senate impeachment trial, CNN has learned.
He said this is because he doesn’t think the Senate has jurisdiction to try to the case, per sources who have seen the email. McConnell described it as a close call.
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Democratic senator says it's "disappointing" after source says McConnell will vote to acquit Trump
From CNN's Adrienne Vogt
Sen. Bob Casey, a Democrat from Pennsylvania, said it’s “disappointing” that Senate GOP Leader Mitch McConnell has told his colleagues he will vote to acquit former President Trump in the Senate impeachment trial, according to a source.
As Casey told CNN’s Wolf Blitzer that he was sitting in President John F. Kennedy’s old Senate office, he said, “I hope, that after the closing arguments, there will be more profiles in courage. We’ve had a few of those on the Republican side. We’ll see what happens.”
Casey said he doesn’t think calling witnesses would sway any more Republicans.
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Questions build about Trump's failure to protect Pence
Analysis by CNN's Maeve Reston
Security video — showing then Vice President Mike Pence being evacuated as rioters breached the Capitol on January 6 — is presented during former President Donald Trump's second impeachment trial on February 10.
Senate Television/AP
Trump’s impeachment lawyers failed to offer any real defense of why the former President did not do more to protect his vice president and members of Congress during the Jan. 6 insurrection, while new revelations about a conversation between Trump and House Minority Leader Kevin McCarthy that day only added more damning details about what the former President knew and when.
As the impeachment trial draws to a close, fresh attention on an account from House Republicans suggested that Trump had no intention of calling off the rioters who were ransacking the Capitol and threatening members in his name.
And on the eve of Saturday’s vote on the single impeachment article that accuses Trump of inciting the insurrection, one of those House Republicans called on others to speak out.
The stunning details about Trump’s callous and unpresidential conduct struck at the heart of the question that senators have been weighing all week during the impeachment trial of the former President – whether he abdicated his duties as Commander-in-Chief by summoning a mob to Washington to challenge the November election results, and then failed to protect a co-equal branch of government as his followers stormed the Capitol.
For the Republican lawmakers who appear most likely to support convicting the former President, the question of what Trump did – or did not do – to protect his Vice President as Mike Pence was being evacuated to a secure location has emerged as the central question of the impeachment proceeding, a failing so egregious that it could have power to sway members.
Trump lawyer David Schoen threatened to quit Thursday night, source says
From CNN's Jim Acosta
David Schoen, defense attorney for former President Donald Trump, walks from the Senate floor on February 12.
Jabin Botsford/The Washington Post/Pool/AP
A legal team source says former President Trump’s defense attorney David Schoen threatened to quit Thursday night and had to be talked into staying by Trump himself.
For a short time, the event “caused all kinds of problems,” the source said.
The source said the dispute was resolved and the team got back on track.
The New York Times first reported Schoen threatened to quit Thursday.
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McConnell tells colleagues he will vote to acquit Trump
From CNN's Manu Raju and Ted Barrett
Senate GOP Leader Mitch McConnell arrives at the Capitol on February 13.
Mandel Ngan/AFP/Getty Images
Senate GOP Leader Mitch McConnell has told his colleagues he will vote to acquit former President Trump in the Senate impeachment trial, according to a source familiar, CNN’s Manu Raju has learned.
McConnell plans to speak on the floor of the Senate after today’s trial session to explain his vote, an aide told CNN’s Ted Barrett.
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Trump refused to call off the rioters, new details about a Trump-McCarthy phone call show
From CNN's Jamie Gangel, Kevin Liptak, Michael Warren and Marshall Cohen
House Republican leader Kevin McCarthy speaks in the House Chamber on January 6.
Win McNamee/Getty Images
In an expletive-laced phone call with House Republican leader Kevin McCarthy while the Capitol was under attack, then-President Trump said the rioters cared more about the election results than McCarthy did.
McCarthy insisted that the rioters were Trump’s supporters and begged Trump to call them off.
Trump’s comment set off what Republican lawmakers familiar with the call described as a shouting match between the two men. A furious McCarthy told the then-President the rioters were breaking into his office through the windows, and asked Trump, “Who the f–k do you think you are talking to?” according to a Republican lawmaker familiar with the call.
The newly revealed details of the call, described to CNN by multiple Republicans briefed on it, provide critical insight into the President’s state of mind as rioters were overrunning the Capitol. The existence of the call and some of its details were first reported by Punchbowl News and discussed publicly by McCarthy.
The Republican members of Congress said the exchange showed Trump had no intention of calling off the rioters even as lawmakers were pleading with him to intervene. Several said it amounted to a dereliction of his presidential duty.
“He is not a blameless observer, he was rooting for them,” a Republican member of Congress said. “On January 13, Kevin McCarthy said on the floor of the House that the President bears responsibility and he does.”
Speaking to the President from inside the besieged Capitol, McCarthy pressed Trump to call off his supporters and engaged in a heated disagreement about who comprised the crowd. Trump’s comment about the would-be insurrectionists caring more about the election results than McCarthy did was first mentioned by Rep. Jaime Herrera Beutler, a Republican from Washington state, in a town hall earlier this week, and was confirmed to CNN by Herrera Beutler and other Republicans briefed on the conversation.
“You have to look at what he did during the insurrection to confirm where his mind was at,” Herrera Beutler, one of 10 House Republicans who voted last month to impeach Trump, told CNN. “That line right there demonstrates to me that either he didn’t care, which is impeachable, because you cannot allow an attack on your soil, or he wanted it to happen and was OK with it, which makes me so angry.”
“We should never stand for that, for any reason, under any party flag,” she added, voicing her extreme frustration: “I’m trying really hard not to say the F-word.”
Herrera Beutler went a step further on Friday night, calling on others to speak up about any other details they might know regarding conversations Trump and Pence had on Jan. 6.
“To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time,” she said in a statement.
Another Republican member of Congress said the call was problematic for Trump.
As senators prepare to determine Trump’s fate, multiple Republicans thought the details of the call were important to the proceedings because they believe it paints a damning portrait of Trump’s lack of action during the attack. At least one of the sources who spoke to CNN took detailed notes of McCarthy’s recounting of the call.
Trump and McCarthy did not respond to requests for comment.
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We're still not sure if the Democrats will ask to call witnesses
From CNN's Manu Raju and Lauren Fox
A person familiar with the Trump team’s legal strategy told CNN this morning in the Capitol that if Democrats seek witnesses, Trump’s legal team will try to call Speaker of the House Nancy Pelosi and DC Mayor Muriel Bowser.
They would need 51 votes to subpoena the witnesses, so it’s likely that would never happen.
Several managers refused to comment this morning to CNN about witnesses, including David Cicilline and Joaquin Castro.
Democratic senators said Chuck Schumer signaled to them even he doesn’t know if House Democrats will ask for witnesses. They had a call this morning.
He said Schumer suggested he didn’t know. Cardin said he would be fine with witnesses but doesn’t think they’re necessary.
One Democratic senator tells CNN that they don’t see what witnesses would do to change the ultimate outcome. They don’t see 17 votes coming no matter who was called.
“Not sure what that would change at this point,” the member said.
At the moment, there is still an expectation Democrats will not seek witnesses, but we’ll know for sure shortly after the Senate convenes for today’s trial.
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This is the penalty Trump could face if convicted by the Senate
From CNN’s Zachary B. Wolf
Then President Donald Trump arrives to speak at a rally near the White House on January 6.
Brendan Smialowski/AFP/Getty Images
The most unconventional aspect of the second impeachment effort against former President Trump is that the Senate trial is being conducted after he’s left office.
There is precedent for former officials facing impeachment both in US history and in England, from whence the Founders imported the idea of impeachment.
Read here about what’s technically called a “late impeachment” from the scholars Frank Bowman and Brian Kalt.
Beyond the stain of being a President who a majority of Congress feels it’s worth impeaching for a second time, conviction could mean he can’t run for office again in 2024.
Barring him from further office would require a second vote by senators, although it probably would not require two-thirds agreement. It could also cost him his more-than $200,000 per year pension.
Here’s what the Constitution says about the penalty for Trump if he’s convicted:
Remember: Conviction requires two-thirds of senators present to offer “guilty” votes. Trump’s conviction is unlikely, as it would require at least 17 Republicans to vote alongside Democrats to find him guilty.
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The key Republicans to watch today
From CNN's Manu Raju and Caroline Kelly
A final vote on former President Trump’s conviction or acquittal is expected to happen today. Although his conviction is unlikely, a group of Republican senators are being closely monitored as a result of how they voted earlier this week during the trial’s proceedings.
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 to switch his vote this week after that initial vote on constitutionality last month.
Here are the Republican senators voted that the impeachment trial was consistent with the Constitution:
Sen. Susan Collins of Maine
Sen. Bill Cassidy of Louisiana
Sen. Lisa Murkowski of Alaska
Sen. Mitt Romney of Utah
Sen. Ben Sasse of Nebraska
Sen. Pat Toomey of Pennsylvania
Remember: Conviction requires two-thirds of senators present to offer “guilty” votes. Two-thirds is 67 senators, which would require 17 Republican votes.
If Trump is convicted, there would be a subsequent vote on whether to bar him from further office. This would require only a simple majority — that’s 50 votes.
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Trump's defense team presented their case yesterday. Here are some key takeaways.
Analysis from CNN's Chris Cillizza
Michael van der Veen, an attorney for former President Donald Trump, speaks at the Capitol during Trump's second impeachment trial on February 12.
Senate Television/AP
After two days of House impeachment managers making their case for the conviction of Donald Trump on a charge of incitement, the former President’s legal team got its chance yesterday.
The core of the Trump team’s defense was that his words at the Jan. 6 “Stop the Steal” rally were just that: words. And that those words were far from an incitement that led to the violent insurrection at the Capitol.
Words matter. Except when they don’t: Trump’s lawyers tried to make two diametrically opposed arguments to dispel the idea that the former President was culpable for the Jan. 6 Capitol riot. On the one hand, Trump attorney Michael van der Veen suggested that the President using the phrase “peaceful and patriotic” regarding the protests during his speech at the “Stop the Steal” rally, was proof-positive that he had told them to not engage in a violent manner. On the other hand, Trump’s lawyers dismissed his repeated use of the words “fight” during that same speech by playing a long smash cut of Democratic politicians saying the word “fight.” The message was muddled: Do words — whether from the President or anyone else — matter, or don’t they? It seemed as though Trump’s lawyers were making the case that words mattered when it bolstered their argument that Trump didn’t incite a riot but not so much in other circumstances.
Jan. 6 was NOT inevitable: At the core of the defense team’s case were these twin notions: a) What happened on Jan. 6 was an isolated incident with zero prologue and b) these bad actors were going to behave badly no matter what Trump said or did that day. “You can’t incite what was already going to happen,” said van der Veen at one point. What those arguments are aimed at doing is removing any blame for Trump in, well, any of this. The facts, however, are not on the side of Trump’s lawyers on this one.
The “fight” video: As we know from reporting after the airing of a 13-minute video detailing the events of Jan. 6 by the impeachment managers on the second day of the trial, the Trump team was scrambling to make more videos of their own to counter the impact it had on the jury of senators. And come up with videos they did! The most notable one was a mashup of Democrats – from Joe Biden to Kamala Harris to virtually every Democratic senator – saying the word “fight.” The point, as I noted above, was to make the case that Trump telling his supporters to “fight like hell” shouldn’t be taken as a serious incitement to violence because, well, Democratic politicians say the word “fight” as well. But to believe that and be convinced by it, you have to be willing to ignore any sort of context.
It’s all about the “hate”: The main reason that Democrats in the House impeached Trump, according to his lawyers, was not because of his action (and lack of action) on Jan. 6 but rather because they simply hate him – and that hate has blinded them to due process and the rule of law. But this argument is also a bit of a red herring. After all, this isn’t an either/or choice. You can hate Trump and still believe he didn’t incite a riot. And vice versa. Trump’s legal team was simply not willing to engage on the merits of what Trump said and did. And so they fell back on the everyone-is-so-partisan argument. It undoubtedly will resonate with many Republican senators looking for a justification to vote to acquit Trump. But that doesn’t make it true.