President Donald Trump's defense failed him at the opening of his Senate impeachment trial Tuesday.
Senate Majority Leader Mitch McConnell, R-Ky., had one job. He just had to collect 51 votes for the trial rules he had written, in close consultation with White House officials, to deliver Trump an acquittal quickly, quietly and with as few surprises as possible.
He couldn't do it.
The other half of Trump's squad, his legal team, chose not to defend his actions with a cogent explanation for them. Rather than rebutting hours of evidence presented by House Democratic impeachment managers, White House lawyers opted to repeat Trump's attacks on the process and the disjointed set of rejoinders he's delivered to Democrats in public.
Read more of the analysis here.
So what does Trump think about the trial today?
SO WHAT DID PRESIDENT TRUMP THINK OF TODAY? He was absolutely engaged in the impeachment proceedings today, getting "minute-by-minute" updates on the process, according to Rep. Mark Meadows, one of the president’s closest allies and an impeachment team member. Legislative Affairs head Eric Ueland backed that up, telling reporters that the president is "very impressed" with what’s been happening on the Hill. But take all that with a grain of salt: the president likes to see impressive TV performances, and we have reason to believe that he may have more mixed feelings than what aides are letting on. And the president is also someone who likes to gauge the reviews so his opinion may end up shaped by the tone from his preferred cable news shows. (An early guide: Sean Hannity, in his opener, is adopting a bored affect and introducing the network’s Congressional correspondent as someone who’s been "suffering through a lot of this tediousness.")
WILL THE PRESIDENT’S DEFENSE TEAM FILE A MOTION TO DISMISS BY 9AM WEDNESDAY? It’s possible, but the chances seem less-than-likely. Ueland didn’t shut the door on it tonight, but Sen. Ted Cruz of Texas sounded more definitive, telling reporters he believes a motion to dismiss is unlikely: it’s "not nearly as good an outcome for the president and for the country as will be a final judgment on the merits." Again, it’s kind of a moot point regardless since Senate Republicans don’t think there are the votes to support such a motion.
IS THE DEFENSE GOING TO PUSH BACK ON THE APPARENT SATURDAY START FOR THEIR OPENING? Seems doubtful. Two sources familiar with the thinking suggest it’s not likely the White House team will put up much of a fight on the expected Saturday start to opening arguments (that’s if House managers take up their allotted three days.) That’s subject to change, as always. But weekend arguments would, in theory, let the president’s defenders get in their first word before the Sunday political talk shows, and then have a weekday audience for the rest of their arguments Monday and, if needed, Tuesday.
Schumer and McConnell a study in contrasts
As Rep. Adam Schiff spoke on the floor, Sen. Chuck Schumer smiled and laughed while talking to the aides seated next to him — a strikingly different demeanor from Majority Leader Mitch McConnell’s stoic posture across the aisle.
In a brief moment of bipartisanship, Sen. Patrick Leahy, D-Vt., walked over to the Republican side behind the last row of senators. As he was passing by Sen. Ben Sasse, R-Neb., he crouched down and the two chatted and laughed briefly. A packet of gum was being passed around that back row between Sasse, Sen. Ted Cruz, R-Texas, and others.
While the table on the prosecution side with the managers was full of open binders, notebooks and laptops the Trump defense team's table looked neat. Their binders were not open while Schiff and Rep. Jason Crow, D-Colo., spoke, and their laptops also remained closed.
During the arguments, Sens. Amy Klobuchar and Elizabeth Warren took notes on occasion, and Republican Sens. Amy Murkowski and Susan Collins watched Schiff intently for the duration of his remarks. In the final few minutes of Schiff's comments, Sen. Jim Risch, R-Idaho, tapped on his watch to indicate the California Democrat was nearing the end of his time. Schiff seemed to look in his direction but did not pause or stop.
When Crow was speaking, the other House managers watched him intently, turning in their chairs to face him. Rep Jerry Nadler, D-N.Y., was the one exception; he took notes throughout and referred back to binders and notes.
Sen. Tom Cotton, R-Ark., read during most of the proceedings, while Sen. James Lankford, R-Okla., yawned several times. Cruz slumped back in his chair, scowling, while Schiff and Crow spoke. Sen. Lindsay Graham, R-S.C., had a similar posture and didn’t take notes or read.
One amendment out, one amendment in
McConnell moved to table the third Democratic amendment, which would have subpoenaed OMB documents related to the charges against the president and regarding the suspension of assistance to Ukraine.
Schumer introduced a fourth amendment to subpoena acting White House chief of staff Mick Mulvaney.
Senators will now take a 30-minute recess to eat dinner. It'll be pizza for both sides, Republicans will eat Ledo's in the Mansfield room, where they usually hold their policy luncheons, and Democrats will eat Ledo's in the cloakroom.
During dinner, they will discuss what happens next. When they return from this recess they will debate, for up to two hours, the Mulvaney amendment. Then there will be another vote to kill the amendment.
Article II: Inside impeachment — Rewriting the rules
On Tuesday’s bonus episode of Article II, host Steve Kornacki explains the last-minute changes that Mitch McConnell made to the impeachment trial rules in response to pressure from moderate Republican senators.
Yawning, note-taking, sharing breath mints: What senators are doing during arguments
Some senators appear to be losing steam as the trial headed into the night.
There were many yawns, including from Sens. Bernie Sanders, I-Vt., Amy Klobuchar, D-Minn., Roy Blunt, R-Mo., and Richard Shelby, R-Ala. Sen. James Risch, R-Idaho, was most definitely sound asleep for the majority of Rep. Val Demings' presentation. When Jay Sekulow took the stand, speaking audibly louder, Risch was jolted awake.
GOP Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mike Lee of Utah and Chuck Grassley of Iowa took copious notes throughout Demings’ presentation. Grassley and Sen. Cory Gardner, R-Colo., were noting each piece of evidence presented on the screens. New Sen. Kelly Loeffler, R-Ga., also took notes throughout.
When Lev Parnas' interview with Rachel Maddow was shown, Sen. Lindsay Graham, R-S.C., began laughing and writing something down. Sen. Chuck Schumer, D-N.Y., was smiling from ear to ear, sitting up in his chair and looking at Republicans. Sen. Mitch McConnell, R-Ky., remained still and serious throughout. Sen. Tim Scott, R-S.C., passed a note to Sen. Ben Sasse, R-Neb., and the two laughed and nodded.
Sen. Ron Johnson, R-Wisc., passed breath mints from his desk to senators sitting nearby, including Republican Sens. Dan Sullivan of Alaska and Mitt Romney of Utah. Sen. Martha McSally, R-Ariz., sat with a blanket over her lap. Schumer appeared to be quite thirsty, with pages refilling his water glass every 10 minutes. Grassley had a sheet of paper on his desk with photo identifiers.
2020 split screen: Stuck in D.C. for Trump's trial while rival candidates crisscross Iowa
AMES, Iowa — The campaign trail and impeachment trial were on dual tracks Tuesday, showing that no matter how hard Democrats try, the 2020 election is very much about one thing: President Donald Trump.
The primary campaign rolled on in Iowa, where campaign organizers are preparing for the final push before the state's critical first-in-the-nation caucuses just two weeks away on Feb. 3, but the bigger political story — and a handful of the leading candidates — were pinned down in Washington for the president's impeachment trial in the Senate.
Sens. Elizabeth Warren of Massachusetts, Bernie Sanders of Vermont and Amy Klobuchar of Minnesota had to abandon the campaign trail to report for "jury duty" in Washington, trading the frigid plains of Iowa for the stately and climate-controlled halls of Congress. Colorado Sen. Michael Bennet, who is running a long-shot campaign focused mostly on New Hampshire, was also confined to the Senate.
Senate GOP votes down second Schumer amendment
McConnell moved to kill the Democrats 2nd amendment, which would subpoena State Department documents related to the charges against the president.
The amendment failed, with the motion to table passing 53-47.
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