GOP Sen. Portman cites ‘serious constitutional questions’ with Trump impeachment trial

Portman asserted that Trump “bears some responsibility” for the events of Jan. 6, when his supporters stormed the Capitol complex as lawmakers met to confirm President Biden’s election victory. However, the Ohio senator argued that impeachment, as detailed in the Constitution, is reserved for elected officials who can still be removed from office.

Are Democrats connecting the dots on Trump’s role in the Capitol insurrection?

As former President Trump's impeachment trial moved into high gear Wednesday, we spoke with two people who worked in the Senate impeachment trial of President Bill Clinton. Elizabeth Chryst was the Republican Senate secretary during the trial, and Melody Barnes helped broker the trial's rules as chief counsel to the late Massachusetts Sen. Edward Kennedy, They join Judy Woodruff to discuss.

Cassidy backlash shows exiled Trump still haunts GOP

Bill Cassidy pulled back from a political gamble four years ago. Now he's taken the riskiest bet of his career.

The second-term senator shocked his colleagues and Louisiana Republicans by voting to move forward with President Donald Trump’s impeachment trial as he trashed Trump’s legal team for doing a “terrible job" in its opening argument. While few of his colleagues would criticize Cassidy directly, the Louisiana GOP immediately said it was “profoundly disappointed” in him and praised his colleague, Sen. John Kennedy (R-La.), for making the “right decision.”

Not long after, the local party in his hometown of Baton Rouge said Cassidy’s vote “was a betrayal of the people of Louisiana and a rebuke to those who supported President Trump.” It censured Cassidy and “holds him out as an object of shame.” One Louisiana Republican official expected more such condemnations to come.

“Republican voters realize this is not healing, it’s not unifying, it’s vindictive and divisive. And they’d prefer we move on,” said Sen. Ron Johnson (R-Wis.). He said Cassidy’s move surprised him: “That’s his decision and he has to evaluate what he’s doing.”

Cassidy, a doctor who treated uninsured patients for years in the state’s charity health care system, evaded easy typecasting during the Trump era. He’s not a loyalist like Lindsey Graham or Rand Paul. Nor is he a frequent critic of the ex-president like Mitt Romney or Bob Corker. But he's a reliable conservative vote, close to party leaders.

On Wednesday, Louisiana local radio host Moon Griffon heard from callers frustrated with “Psycho Bill” and said Cassidy “just knifed us all in the back.” Cassidy explained his thinking on Wednesday as his position came under scrutiny: “It is Constitution and country over party. For some, they get it. And others aren’t quite so sure.”

“I don't usually do a poll before I take my vote. The vote I took is the conservative constitutional position,” he said.

He was subsequently praised by former Sen. Mary Landrieu (D-La.): "Many people in Louisiana are proud of him, including me." But Cassidy’s experience this week is a sign of what’s to come for Republicans who vote to convict the president in the coming days.

Of the six GOP senators to support moving forward with the trial, only Sen. Lisa Murkowski (R-Alaska) will face voters next year — and she’s won re-election after losing her primary before. Cassidy just won a six-year term himself.

“It’s fraught with political consequence,” said Sen. John Thune (R-S.D.), the GOP whip. Thune faced retribution from Trump simply for opposing the former president’s efforts to overturn the election. He voted to find the trial unconstitutional but said the vivid presentation of videos of the Capitol insurrection was effective by House impeachment managers.

In fact on the most important question thus far, 44 GOP senators sided with Trump, a healthy margin that signals Trump may still easily avoid conviction and the possibility of being barred from running again in 2024. Republicans said there were few signs that others would follow Cassidy’s lead and defect from the president’s side when it comes down to the final vote.

“If you don’t think there’s jurisdiction, I don’t know how you vote to convict,” said Sen. Josh Hawley (R-Mo.), a constitutional lawyer who challenged some state’s election results last month.

In 2017, Cassidy was a leading player in the party’s efforts to repeal the Affordable Care Act. Cassidy initially pushed his party to pass the so-called “Jimmy Kimmel” test and not deny coverage for pre-existing conditions. That alliance with the talk show host ended with Kimmel calling Cassidy a liar and asserting he abandoned his commitment. But Cassidy stayed in Trump’s good graces as he worked with the president on health care reform, though the party’s effort eventually sputtered.

“You are doing an outstanding job representing the people of Louisiana & the U.S.A. You have my Complete and Total Endorsement!” Trump tweeted in March, endorsing Cassidy. The senator won reelection by 40 points in November.

Trump probably doesn’t feel that way these days, though it’s been more difficult to tell if Trump is angry at GOP senators after his Twitter account was shut down. But Trump’s followers are doing much of the work for him.

There’s a clear undercurrent in the party to punish Republicans who cross the president, in either his trial in the Senate or on the impeachment articles in the House. Rep. Liz Cheney (R-Wyo.) was censured by her state party, Sen. Ben Sasse (R-Neb.) is facing similar punishment, and Cassidy is now in his party’s bad graces.

“I’ve been doing a lot of phone calls to donors. Most people that I talk to have moved on,” said National Republican Senatorial Committee Chairman Rick Scott (R-Fla.) about Trump’s trial.

Rep. Mike Johnson (R-La.) said he was receiving lots of calls about Cassidy’s vote — though that will likely die down if Cassidy votes to acquit Trump. Cassidy hasn’t signaled where he will fall on the final trial vote, but his acknowledgment that the House managers convinced him that the trial was constitutional suggests he is persuadable.

“This does not predict my vote or anything else,” Cassidy told reporters on Wednesday. “It does predict that I will listen to these arguments as I did to the arguments yesterday, with an open mind.”

Meanwhile, he has some defenders back home. "The real offense some folks are seeking to punish is that Sen. Cassidy is acting insufficiently loyal to one man. One man. And if that’s the case, it strikes me as the opposite of what it means to be a Republican," said Michael DiResto, a member of Louisiana's Republican State Central Committee.

Generally an ally for GOP leaders in both the House and Senate, Cassidy has shown a desire for a more bipartisan direction since November. He joined a bipartisan group of senators pushing for a coronavirus aid deal and has stumped for money for states and localities — not exactly a popular position among conservatives. He also was among the first senators to meet with President Joe Biden at the White House.

He even gave an early hint that he might vote to advance Trump’s trial after voting to find the proceeding unconstitutional just a couple weeks ago. During a “Meet the Press” appearance on Sunday, Cassidy's colleagues noticed him arguing that the Senate's first vote on the constitutionality of Trump's trial included no debate time — while Tuesday's vote actually allowed the House Democratic managers and Trump’s lawyers to make their case.

That interview “kind of set the stage for being amenable,” said Sen. Mike Braun (R-Ind.). “You’ve got to take into consideration what your own point of view is as well as that of your constituents … he obviously was weighing those two.”

Of course, the blowback that Cassidy received is only a fraction of what might greet someone in a deep red state who votes to convict Trump. And he’s giving little away about how he sees the final verdict on a former president he voted to acquit in the first impeachment trial, just a year ago.

“I can’t begin to predict where he would be on the merits," said Sen. Mitt Romney (R-Utah).

Olivia Beavers contributed to this report.

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Are any Republican senators listening to the case against Donald Trump? Live coverage #4

The House impeachment managers kicked off day one of Donald Trump’s second impeachment trial with a searing video of the Capitol attack, reminding senators of the stakes of the trial—and of the danger they had faced—at the beginning of an argument about the constitutionality of impeaching someone after he’s left office. Day two begins the actual arguments for convicting Trump, and it’s expected to bring more video evidence of what Trump incited and how he incited it.

The arguments will be presented by the nine House impeachment managers, led by Rep. Jamie Raskin. They have 16 hours to make the case over two days before Trump’s alternately incompetent and scary defense has the same amount of time. You can watch on most television news channels or their websites, and Daily Kos will have live coverage.

Thursday, Feb 11, 2021 · 12:43:42 AM +00:00 · Barbara Morrill

The trial is officially adjourned until tomorrow at 12 ET. We’ll be back with live coverage at that time.

Wednesday, Feb 10, 2021 · 11:34:41 PM +00:00 · Mark Sumner

And we’re back, with Rep. David Cicilline walking through Trump’s actions on Jan. 6.

Wednesday, Feb 10, 2021 · 11:43:10 PM +00:00 · Mark Sumner

It will be interesting to see if McCarthy will make any comment on this conversation.

Conversation between Kevin McCarthy and the White House.

Wednesday, Feb 10, 2021 · 11:47:49 PM +00:00 · Mark Sumner

Rep. Cicilline spending quite a bit of time on the Tuberville call. Because it is seriously jarring.

Wednesday, Feb 10, 2021 · 11:52:52 PM +00:00 · Mark Sumner

Rep. Plaskett’s earlier presentation may have been the most shocking when it came to events on Jan. 6, but Cicilline’s has been almost equally painful just by pointing out Trump’s inaction.

Rep. Joaquin Castro picking up the story now.

Wednesday, Feb 10, 2021 · 11:58:03 PM +00:00 · Mark Sumner

Rep. Castro pointing out the timing of Trump’s tweet about Pence, just as the crowd is chanting “Hang Mike Pence,” and then seeing that crowd reacting to the tweet in real time, has to be one of the most impactful moments of the presentation. 

Thursday, Feb 11, 2021 · 12:04:49 AM +00:00 · Joan McCarter

The focus on Pence has been so important. Those Republican senators are being forced to acknowledge that Trump sent the mob after him, that they intended to kill him. They’re being put in the position of having to betray Pence to stick with Trump.

Thursday, Feb 11, 2021 · 12:16:32 AM +00:00 · Joan McCarter

Rep. Castro’s use of multiple Republicans pleading with Trump during the insurrection to call it off makes that connection pretty darned clear. Every single person--Republican—making those calls knew that Trump incited this and was the only one who could stop it.

Thursday, Feb 11, 2021 · 12:17:10 AM +00:00 · Mark Sumner

Underscoring Trump’s refusal to call on the National Guard, is another powerful point.

List of those involved in calling National Guard on Jan 6

Thursday, Feb 11, 2021 · 12:20:37 AM +00:00 · Mark Sumner

Rep. Castro: “Senators, Donald Trump left everyone in this Capitol for dead.”

Thursday, Feb 11, 2021 · 12:32:16 AM +00:00 · Mark Sumner

Rep. Castro finishes up the day.

Sen. Mike Lee rises to say that statements attributed to him were inaccurate. Considering that the only statement attributed to Lee was simply that he wasn’t Tuberville, it’s hard to see what the heck he’s objecting to.

Thursday, Feb 11, 2021 · 12:38:25 AM +00:00 · Joan McCarter

It’s unclear right now what the procedure is for dealing with Sen. Mike Lee’s objection. The parliamentarian has said that Lee’s motion to have his words stricken is out of order. He’s appealed that ruling, so they should be voting on whether he can ask for his words to be stricken. This is a diversionary tactic, Lee trying to seize attention, disrupt things, change the tenor of the day.

Thursday, Feb 11, 2021 · 12:38:52 AM +00:00 · Mark Sumner

What we’re having now is a roll call while everyone tries to figure out just what the hell Mike Lee is on about. Too bad he’s not as upset about someone starting an insurrection as he is about being misquoted in saying “I’m not Tommy.”

Thursday, Feb 11, 2021 · 12:41:52 AM +00:00 · Mark Sumner

And, whatever that was, we’re done for the night.

Thursday, Feb 11, 2021 · 12:42:04 AM +00:00 · Joan McCarter

So Lee has withdrawn his request, they might have to come back to it tomorrow, but they are now adjourned.