Month: February 2021
Watch live: Trump impeachment trial, Day 5
McConnell reveals he will vote to acquit Trump
Senate Minority Leader Mitch McConnell told GOP colleagues in a letter that he will vote to acquit Donald Trump in the former president's impeachment trial, according to sources familiar with the communication.
McConnell's announcement ends a long period of silence over whether he would consider convicting Trump for incitement of insurrection and could pave the way for many other Republicans to follow in acquittal. The Kentuckian shared his decision in a note to fellow GOP senators on Saturday morning, ahead of what could be the final day of Trump’s second impeachment trial.
“While a close call, I am persuaded that impeachments are a tool primarily of removal and we therefore lack jurisdiction,” McConnell wrote.
That position puts McConnell in line with the votes he and 43 other GOP senators already cast, declaring Trump’s second trial unconstitutional. But the Republican leader, who has not spoken to Trump for weeks, suggested that criminal prosecution of the former president could be appropriate as a remedy following the violent Jan. 6 insurrection at the Capitol.
“The Constitution makes it perfectly clear that Presidential criminal misconduct while in office can be prosecuted after the President has left office, which in my view alleviates the otherwise troubling ‘January exception’ argument raised by the House,” McConnell wrote to fellow Republicans.
McConnell is not whipping colleagues on their votes, but the decision of the GOP leader to acquit Trump will certainly tamp down the number of "yes" votes. As many as 10 senators were thought to be considering a conviction vote as of Friday, but it's become harder and harder to see many senators convicting Trump other than the six who have voted to proceed.
Sens. Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Pat Toomey of Pennsylvania, Ben Sasse of Nebraska and Mitt Romney of Utah voted that the trial is constitutional.
"Based on his comments over the past two months I really had no idea what he was going to do," said Sen. Roy Blunt (R-Mo.), a member of the GOP leadership team. “He said everybody should make this decision and their own and I guess he thought that that would apply to him as well."
McConnell has held his decision close throughout the trial, until Saturday, and said in his email that he continues to view the verdict as a “vote of conscience” but shared his choice because his colleagues have been directly asking how he’ll vote.
The Senate could take its final trial vote as soon as Saturday, although a burgeoning debate among Democrats over whether to make an eleventh-hour push for witnesses may yet prolong the proceedings.
Marianne LeVine contributed to this report.
This could be the last day of Donald Trump’s second impeachment trial … but it doesn’t have to be
You know what the Senate is doing next week? Nothing. They’re not in session next week. You know what they could be doing? Listening to witnesses. House impeachment managers could call witnesses in Donald Trump’s impeachment trial, and it wouldn’t take away one minute of productive time. They could call former chief of staff Mark Meadows and ask him to detail Trump’s actions on the afternoon of Jan. 6. They could call Georgia Secretary of State Brad Raffensperger and have him discuss calls from both Trump and Lindsey Graham. There’s absolutely no reason they could not call Mike Pence and have him confirm that he, not Trump, finally authorized the use of the National Guard. They could call every member of the Trump White House who resigned following Jan. 6 and ask them a simple question: “Why?”
And, based on a story repeated by CNN last night, they should call House Minority Leader Kevin McCarthy and Rep. Jaime Herrera Beutler. They could then recount the call, in which McCarthy reportedly tried to get Trump to send help to the besieged Capitol, only to be told that the rampaging mob of insurrectionists were “more upset about the election” that the Republican members of Congress hiding in their offices.
The House managers could call for those witnesses. But as of Friday evening, all indications were that they will not. Which means that Saturday could mark the end of Donald Trump’s second impeachment, and of the Republican Party’s experiment with democracy.
This only increases the reasons that there should be witnesses. If McConnell isn’t going to whip for votes, or even provide cover for those who do vote to convict, there’s no reason to rush to conclusion.
Friday consisted primarily of a three-hour “defense” of Trump by his legal team. However, that three-hour period only seemed to contain about five minutes of information, as Trump’s team repeatedly, repeatedly, repeatedly replayed the same utterly expected clips—an 11-minute montage of Democratic politicians using the word “fight” in various contexts, and another series of clips showing violence from … honestly who knows? All of it simply leaned into the prime Fox News fantasy that last summer’s Black Lives Matter protests were incredibly violent, that Democratic officials were fine with that, and that what Trump did leading up to Jan. 6 was just “ordinary political rhetoric.”
For the Ted Cruz caucus, all this was great. And they should have been happy, since Cruz was just one of several Republican senators who actually camped out in the conference room with the Trump legal team and helped them plan their “strategy.” Apparently, having a team of puppets ready to repeat what you tell them is something many Republicans find satisfying.
The Washington Post kept a running list of the lies being told by Trump’s legal team. That list didn’t quite get to the 30,000+ claims of their boss, but then, they only had three hours. And they certainly gave it a try.
The list of statements taken out of context was legion. The effort to claim that Trump never championed violence was ludicrous. And the claim that, when Trump mistyped “calvary” rather than “cavalry,” it meant that he was talking about giving D.C. in injection of Jesus rather than a flood of militia, was just eye rolling.
But the strangest statement might have been when attorney Michael van der Veen claimed that “One of the first people to be arrested was the leader of antifa.” But apparently antifa is composed of leprechauns, because van der Even added that “sadly, he was also among the first to be released”; apparently he just pulled a Keyser Söze. It’s not actually possible to attach a fact to this statement, since van der Veen was simply, what’s that word? Lying. But so far as anyone has been able to tell, van der Veen may be making this claim about … the only Black guy arrested for going into the Capitol. As LA Magazine reports, the guy was an “apolitical” rabble-rouser who “thrives on chaos.” His biggest role in the insurrection seems to be that he’s the guy who filmed the shooting of Ashli Babbitt. His connection to antifa appears to be … completely nonexistent.
In any case … if things go according to schedule today, there will first be closing arguments from each side. Then the Senate will proceed immediately to a vote on whether to convict Trump on the single article of impeachment. Should enough votes be collected for conviction, there would then be a second vote on disqualifying Trump from holding public office in the future. That second vote would require only a simple majority.
However, this whole schedule would be upset should the House managers request witnesses. If that happens, it will be up first, with a vote on calling witnesses. That vote would also require only a simple majority. In Trump’s last impeachment proceeding, the vote to hear witnesses lost 51 to 49.
Should there be a vote to hear witnesses, the Senate will likely be done for the day, while the House managers round up whoever they want to speak. Just remember—every claim that hearing witnesses is somehow keeping the nation from dealing with the Trump pandemic, the Trump recession, or the various other Trump disasters, is simply a lie. Next week, the senators weren’t going to be doing any of that. There is time to do this thing right.
Van Der Veen Owns Impeachment Trial Fourth Day
In the senate impeachment trial the Democrats have generally won the show and tell with video, as the Republicans will win the case. Although, the Republican lawyers were better on Friday. This is likely due to the advice of Senators Cruz, Lee, and Graham.
Sen. @tedcruz R-Texas, sits at a computer in a meeting room for the lawyers of former President Donald Trump on the fourth day of the Senate Impeachment trials for former President Donald Trump on Capitol Hill on Friday, Feb 12, 2021 in Washington, DC. pic.twitter.com/PqEv4Z1Dpu
— Jabin Botsford (@jabinbotsford) February 12, 2021
Friday’s Standouts
Standouts on Friday were the performances of Trump lawyer David Schoen and Michael van der Veen. Bruce Castor was better on Friday, but continues to disappoint, as when he referred to Georgia Secretary of State Brad Raffensperger as Ben Roethlisberger, an NFL quarterback.
The Republicans did suffer, as has been widely noted, from a disadvantage on comms. The Democrats have had a slick and persuasive media presentation, albeit a tad redundant, while Republicans have relied on one short video clip, produced with bizarrely inappropriate music in the background, that they played over and over again without respite.
Perhaps it is because Democrats enjoy broad support amongst entertainment types that they were able to put together a superior show. As someone who produced and directed GOP media for twenty years I can tell you, Republicans really need to up their game in this department.
The Democrats proved Friday they are good reading presentations but are horrible extemporaneously, as van der Veen ripped them apart piece by piece and Schoen nailed them on hypocrisy, as did van der Veen, numerous times. Democrats Plaskett and Castro especially were more than once the victims of their own missteps, savagely pounced upon by van der Veen.
Republicans Get Aggressive
As for the chronology, the Republicans opened up the day aggressively.
They challenged Democrats on every point of law and common sense and got surprisingly personal with the Democrat House managers, showing them engaged in exactly the same type of behavior they accuse Trump of, hence the accurate charge of hypocrisy. But the fun really didn’t start until the question and answer period.
Senators sent one sided questions to the advocates on their side of the aisle, some senators sending a question to both sides to try and illustrate a point or trip up the opposition.
One thing must be said at this juncture. Despite earlier concerns, Democrat Senator Patrick Leahy of Vermont played it right down the middle as judge. He has behaved honorably and professionally.
Republicans Win Q&A
The Republicans overwhelmingly won the Q&A, as Democrats lied, stumbled, and tried to spin their way out of trouble, to no avail. Bill Cassidy, Republican of Louisiana, interestingly sent a question up that helped the Democrats. He’s probably a solid vote for conviction, though he may just be protecting his moderate flank.
Van der Veen, taking a major page out of the message control handbook, responded to Democrat questions by going back to his own script and almost ignoring the questions. Well played.
So while the Democrats win on comms points, the Republicans ate their lunch during question and answer. On to Saturday and the conclusion of the trial. Our guess? 56-44 for conviction. 11 short of the vote needed to convict. That’s give or take a Republican surprise or two.
That gives the immediately former president two senate impeachment exonerations in about 13 months. There could also be later votes on censure and disqualification for office. Those are simple majority votes and Trump could be in trouble there.
This piece was written by David Kamioner on February 13, 2021. It originally appeared in LifeZette and is used by permission.
Read more at LifeZette:
James Clyburn Issues Brutal Warning To Trump – ‘This Is Just The Beginning’
Lindsey Graham Predicts ‘Not Guilty’ Impeachment Votes Are Growing After ‘Absurd’ Arguments From Democrats
Gowdy Takes On House Impeachment Managers, Trump Livid
The post Van Der Veen Owns Impeachment Trial Fourth Day appeared first on The Political Insider.
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Senate acquits Trump of inciting deadly Capitol attack
The Senate voted on Saturday to acquit former President Donald Trump of inciting the deadly insurrection of Jan. 6, marking the close of an impeachment trial that laid bare the horrors of the riots and highlighted the country's halting efforts to extricate itself from the Trump era.
Most Senate Republicans sidestepped Democrats' central argument that Trump’s monthslong campaign to subvert the election results, as well as his incendiary remarks hours before a mob stormed the Capitol, demanded that he be convicted and barred from the presidency in the future. In the end, seven Republicans supported a conviction — 10 votes short of the two-thirds threshold required.
But even Senate Republicans leaders who voted to acquit Trump rebuked the former president, acknowledging that the House had proven its case and that Trump had violated his oath of office.
Senate Minority Leader Mitch McConnell (R-Ky.) said in a striking post-acquittal speech that Trump was “morally and practically responsible” for the Jan. 6 insurrection but he is “constitutionally not eligible for conviction” because he is no longer in office.
The 57-43 vote marked the first time since 1868 that a majority of the Senate voted to convict a president on an impeachment charge. And the seven Republicans who broke ranks are the most to support the conviction of a president from their own party in American history.
“The facts are clear,” said Sen. Richard Burr (R-N.C.), a retiring senator whose vote to convict nonetheless came as a surprise. "The evidence is compelling that President Trump is guilty of inciting an insurrection against a coequal branch of government and that the charge rises to the level of high crimes and misdemeanors.”
The outcome highlights Trump’s continued grip on the Republican Party, even after he left office facing withering condemnation from within the GOP for his post-election conduct. The Republican lawmakers who supported impeachment and conviction in the House and Senate have already faced sharp backlash from constituents and local GOP organizations.
The five-day impeachment trial, Trump’s second and by far the shortest in U.S. history, underscored the gaping contradictions of a post-Trump Washington — the intense desire among Democrats to punish Trump for his role in the violence, paired with their desire to pass a Covid-19 relief bill and turn the page on the Trump era. The urgency to expose every last detail of the forces that sparked the insurrection proved incompatible with the pressure to give President Joe Biden room to enact his agenda.
When the gavel fell, Republican Sens. Lisa Murkowski of Alaska, Ben Sasse of Nebraska, Pat Toomey of Pennsylvania, Bill Cassidy of Louisiana, Susan Collins of Maine, Mitt Romney of Utah, and Burr joined all Democrats in voting to convict Trump on the House’s single impeachment article.
“Let the record show — before God, history and the solemn oath that we swear to the Constitution — that there was only one correct verdict in this trial: Guilty,” Senate Majority Leader Chuck Schumer (D-N.Y.) said following the vote.
The trial ended with several unresolved mysteries that might be addressed in the coming weeks and could shed new light on Trump’s conduct. They include an ongoing effort to discern what Trump knew as the violence unfolded, when he knew it — and what actions, if any, he took to quell it.
Those questions dominated the final hours of the trial and nearly resulted in an effort by the House impeachment managers to open the process up to new testimony from witnesses. Several Republicans said in public statements that Trump had resisted pleas from allies to call off the rioters, and that he launched a Twitter attack on Vice President Mike Pence while he was being whisked from the Senate chamber.
Senate Democrats were blindsided on Saturday morning when the House impeachment managers sought witness testimony, resulting in a majority vote to call witnesses. But after negotiations among Democrats, the managers later relented and simply allowed a public statement from Rep. Jaime Herrera Beutler (R-Wash.) to be entered into the record. Herrera Beutler said in a statement late Friday evening that House Minority Leader Kevin McCarthy (R-Calif.) had told her that Trump denied his pleas to forcefully call off the rioters on Jan. 6, setting off immediate calls for a more thorough airing of the evidence against the former president.
The decision to skip live testimony left those details unconfirmed and poised to emerge after Trump is free of the trial.
Democrats had expressed hope that the evidence and the emotional appeals they made during the trial would move enough Republicans to convict Trump — a result they said was necessary to ward off future violence. To make their case, the House managers played graphic videos, including never-before-seen-footage, showing the horrifying and chaotic nature of the violence at the Capitol on Jan. 6.
Trump’s defense team maintained that putting a former president on trial on impeachment charges was unconstitutional because the primary remedy, removal from office, was no longer operative. But the Senate voted at the start of the trial to uphold the chamber’s authority to have the proceedings, and a conviction would have barred Trump from holding future federal office.
The argument from Trump’s lawyers, a minority view among constitutional experts, provided an avenue for Republicans to coalesce around an acquittal without explicitly defending Trump’s conduct, which most GOP senators have criticized as reckless but not impeachable.
Other Republicans said the House had failed to prove that Trump’s actions and remarks contributed to the violence at the Capitol, and that it did not meet the legal standard for incitement.
McConnell, despite his vote to acquit Trump, lashed the former president in a statement after the trial, accusing him of being responsible for unleashing “terrorism” on the Capitol.
“They did this because they’d been fed wild falsehoods by the most powerful man on Earth because he was angry he lost an election,” McConnell said. “Many politicians sometimes make overheated comments … but that was different. That’s different from what we saw. This was an intensifying crescendo of conspiracy theories.”
Notably, McConnell also suggested that Trump might still face criminal liability for his actions, contending that Trump “didn't get away with anything yet.”
Michael van der Veen, one of Trump’s attorneys for the impeachment trial, dismissed McConnell’s criticisms, telling reporters: “We finished the grappling in that room and we slammed it down on the mat on this case. We won. Not guilty.”
Lawmakers said the case against Trump was overwhelming; they argued that the rioters heeded his words, acted upon them, repeated them while storming the Capitol and then cited them in court when they faced prosecution.
In addition, senators who voted to punish Trump cited his failure to send help to the Capitol until hours after it became clear that Congress had been overtaken by the violent insurrection and that Pence was in danger and had been evacuated from the Senate chamber.
The House managers and Trump’s lawyers clinched an agreement to avoid witness testimony after both sides agreed to enter a public statement from Herrera Beutler that detailed her account of a phone call between Trump and McCarthy.
Herrera Beutler, who voted to impeach Trump in the House, pleaded with Pence and other Republicans to publicly tell their story — but by Saturday afternoon, as the acquittal vote neared, no others had stepped forward.

The House managers said the call was evidence that Trump violated his oath of office and showed no remorse even as he was told that violent rioters have overtaken the building.
Pence was at the Capitol on that day to preside over a joint session to certify Biden’s Electoral College victory. Trump had spent months priming his supporters to believe the election was rigged and stolen, and as his post-election attempts to flip the results repeatedly failed, his efforts became more destabilizing.
By late December, Trump was calling for his supporters to descend on the nation’s capital for a “wild” rally. Law enforcement and intelligence officials warned that elements of the rally-goers would likely be armed and present a threat of violence. But that day, Trump addressed the crowd and urged them to march on the Capitol and “fight like hell” to stop the counting of electoral votes — or else risk losing their country.
Many of the rioters themselves posted on social media and sent messages since recovered by law enforcement indicating they were awaiting Trump’s signal before acting.
But Trump’s team said he had also urged his supporters to go “peacefully.” They said Trump was initially “horrified” by the violence and took immediate steps to respond to it, but did not provide evidence to support those contentions. The defense team presented for just a few of the 16 hours they were allotted, a move that kept the trial to just a five-day affair.
As they rested their case against Trump on Saturday, the House managers made one final plea to senators.
“Our reputations and our legacy,” said Rep. Jamie Raskin (D-Md.) the House’s lead impeachment manager, “will be inextricably defined by what we do here.”