Donald Trump has been impeached for abuse of power and obstruction of Congress, with overwhelming evidence despite his obstruction that has blocked investigators from access to key witnesses and documents. But now it’s in Mitch McConnell’s Senate, and that means a cover-up wrapped in obstruction. And no wonder: Despite Republicans’ best efforts, a majority of Americans think Trump should be removed from office.

The House impeachment managers—Intelligence Committee Chair Adam Schiff, Judiciary Committee Chair Jerry Nadler, and Reps. Zoe Lofgren, Hakeem Jeffries, Val Demings, Jason Crow, and Sylvia Garcia—have 24 hours over three days to make their opening arguments. Daily Kos will be following with live updates.

Wednesday, Jan 22, 2020 · 9:00:00 PM +00:00 · Barbara Morrill

Ongoing coverage can be found here.

Wednesday, Jan 22, 2020 · 7:27:50 PM +00:00 · Mark Sumner

So far the trial from the House manager side has been all Adam Schiff. The House Intelligence chair has done a fantastic job of laying out not just the basics of the charges against Trump, but many of the underlying details. It’s safe to say that all those Republicans who have said they wanted to see Schiff defending the case might be rethinking that demand.

Based on earlier statements from McConnell, expect a short break — and a likely change of speakers — around 3 PM ET as the case moves beyond this initial statement.

Wednesday, Jan 22, 2020 · 7:29:07 PM +00:00 · Mark Sumner

Schiff: “This isn’t charity! It’s as much about our defense as it is Ukraine’s.”

Wednesday, Jan 22, 2020 · 7:34:55 PM +00:00 · Mark Sumner

That press conference from Mulvaney is one of the most wince-inducing moments of the whole affair. The House managers should play the clip used on Tuesday evening every single day.

Wednesday, Jan 22, 2020 · 7:39:08 PM +00:00 · Mark Sumner

Schiff shows strong emotion as he talks about the way that the U.S. leaned on Ukraine in their time of need and asked them to take actions that Ukraine recognized were corrupt and corrupting.

Wednesday, Jan 22, 2020 · 7:48:33 PM +00:00 · Mark Sumner

“His master’s voice.”

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Sen. Lindsey Graham has been shifting in his seat and scanning the Senate chamber during Adam Schiff’s presentation, but he perked up when Schiff played Trump’s 2016 “Russia if you’re listening,” clip. Graham smiled and shook his head as Trump’s voice played on the speaker.

— Ryan J. Reilly (@ryanjreilly) January 22, 2020

Wednesday, Jan 22, 2020 · 7:51:28 PM +00:00 · Mark Sumner

Schiff makes a deliberate change of pace and addresses the recently released emails from OMB. Makes the very good point that none of Trump’s excuses for withholding assistance stand up to a single question: Why didn’t he tell the public?

Wednesday, Jan 22, 2020 · 7:53:59 PM +00:00 · Mark Sumner

There we go. The Mulvaney clips makes a nice coda to take this part of the process to a close in advance of the first break.

Wednesday, Jan 22, 2020 · 8:00:21 PM +00:00 · Mark Sumner

Schiff focuses on the timeline at the end — the connections between the whistleblower, investigations by Congress, the interview scheduled by Zelensky, and the final release of funds by Trump. This sequence is key to destroying the “but nothing happened” case from the White House side. I’m assuming that in the timeline presentation ahead, it will get a good deal more attention.

Wednesday, Jan 22, 2020 · 8:01:26 PM +00:00 · Mark Sumner

It’s seriously hard to think of anyone who might have done this better, or even how it may have been laid out more clearly and firmly in these first two hours.

Wednesday, Jan 22, 2020 · 8:09:28 PM +00:00 · Mark Sumner

Schiff beautifully ties Trump’s actions to the rise of autocracy and the struggle to uphold freedom both in the United States and around the world. It might seem impossible to raise the stakes of the current moment higher than impeachment. He’s raising those stakes.

Wednesday, Jan 22, 2020 · 8:21:06 PM +00:00 · Mark Sumner

It appears Trump is also having troubles with the toilet at Davos.

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“NO PRESSURE”

— Donald J. Trump (@realDonaldTrump) January 22, 2020

Wednesday, Jan 22, 2020 · 8:23:50 PM +00:00 · Mark Sumner

Schiff is in the final minutes of a great speech. There are a dozen moments from this that would make fantastic illustrations of the seriousness and extent of Trump’s crimes. Don’t be surprised if none of them make the evening news.

Wednesday, Jan 22, 2020 · 8:25:22 PM +00:00 · Mark Sumner

You can see how seriously Mitch McConnell is enforcing his own rules on Republican senators.

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Just counted 21 empty seats on the GOP side of the Senate, 2 on the Dem side, a couple hours into Schiff's presentation. Some are just stretching their legs, but most are not in the chamber. Some of them have been out of there for a while.

— Michael McAuliff (@mmcauliff) January 22, 2020

Wednesday, Jan 22, 2020 · 8:30:14 PM +00:00 · Mark Sumner

Schiff wraps up a powerful speech. At better than two hours, it may sound long … it didn’t seem long.

The Senate is taking a break for about twenty minutes. Theoretically.

Wednesday, Jan 22, 2020 · 8:32:12 PM +00:00 · Mark Sumner

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As Schiff hits 2-hour mark, more than a dozen GOP senators have left Senate chamber & are in cloakroom. All Dems, I believe, remain in the chamber. Sen. Bennet gestures w his hand as if to say, what's with that? Rules require senators to be at their desks for entirety of trial.

— Jon Ward (@jonward11) January 22, 2020

Donald Trump has been impeached for abuse of power and obstruction of Congress, with overwhelming evidence despite his obstruction that has blocked investigators from access to key witnesses and documents. But now it’s in Mitch McConnell’s Senate, and that means a cover-up wrapped in obstruction. And no wonder: Despite Republicans’ best efforts, a majority of Americans think Trump should be removed from office.

The House impeachment managers—Intelligence Committee Chair Adam Schiff, Judiciary Committee Chair Jerry Nadler, and Reps. Zoe Lofgren, Hakeem Jeffries, Val Demings, Jason Crow, and Sylvia Garcia—have 24 hours over three days to make their opening arguments. Daily Kos will be following with live updates.

Wednesday, Jan 22, 2020 · 7:26:18 PM +00:00 · Barbara Morrill

Ongoing coverage can be found here.

Wednesday, Jan 22, 2020 · 6:08:06 PM +00:00 · Mark Sumner

What happened in the Senate Tuesday made me hopeful—not because Republicans agreed to a single reasonable rule change or to admit even a scrap of evidence or testimony. But because it showed the House impeachment managers have a good understanding of how to work their presentations into the process and fit critical points into a constrained period. Looking forward to seeing what they have today.

Wednesday, Jan 22, 2020 · 6:08:52 PM +00:00 · Mark Sumner

No motions were made before the 9 AM deadline, so they’re moving straight to the presentation from House managers. McConnell has announced that the case will proceed for two hours before the first break.

Wednesday, Jan 22, 2020 · 6:11:34 PM +00:00 · Mark Sumner

Schiff opens the proceedings with thanks to both Chief Justice Roberts and the Senators before reading a statement from Alexander Hamilton. Hamilton may have been mentioned more times in the impeachment proceedings than on Broadway.

Wednesday, Jan 22, 2020 · 6:12:55 PM +00:00 · Mark Sumner

Schiff is so damn good. Have I mentioned that? Well, here it is again.

Wednesday, Jan 22, 2020 · 6:15:28 PM +00:00 · Mark Sumner

Schiff takes the “day Alexander Hamilton feared” stuff that Republicans have been spouting throughout the hearings and gives it a judo flip. His opening may be a lot of the same “our founders” stuff that everyone seems to spout in this kind of situation, but it’s very well constructed and delivered.

Wednesday, Jan 22, 2020 · 6:16:21 PM +00:00 · Mark Sumner

Hamilton quote used by Schiff in his opening …

When a man unprincipled in private life desperate in his fortune, bold in his temper, possessed of considerable talents, having the advantage of military habits—despotic in his ordinary demeanour—known to have scoffed in private at the principles of liberty—when such a man is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty—to take every opportunity of embarrassing the General Government & bringing it under suspicion—to flatter and fall in with all the non sense of the zealots of the day—It may justly be suspected that his object is to throw things into confusion that he may “ride the storm and direct the whirlwind.”

Wednesday, Jan 22, 2020 · 6:20:29 PM +00:00 · Mark Sumner

Very glad to hear Schiff detailing the "crowdstrike" theory and making it clear Trump wasn't asking for "investigations into 2016 election." He was asking Ukraine to support a conspiracy theory promoted by Russian intelligence.

Wednesday, Jan 22, 2020 · 6:24:11 PM +00:00 · Mark Sumner

What Schiff is going through is familiar to anyone who has followed the hearings, but it’s a necessary walk-through of the basics—especially when so many in the Senate have denied listening to a moment of the House hearings.

Wednesday, Jan 22, 2020 · 6:30:49 PM +00:00 · Mark Sumner

I like how Schiff has both characterized Trump’s actions as something completely dependent on his office, using powers unavailable to anyone else.

And also Schiff’s championing of those officials who chose to speak.

Wednesday, Jan 22, 2020 · 6:35:10 PM +00:00 · Mark Sumner

This has been a genuinely eloquent invocation of the need for the rule of law and avoidance of power being concentrated in a single role. Give it a decade, and this introduction will be in textbooks.

Wednesday, Jan 22, 2020 · 6:47:13 PM +00:00 · Mark Sumner

Schiff has approached the idea that Trump’s actions weaken the authority of both House and Senate from several directions … which is something that should, but probably won’t, move senators to wake up and think a moment.

Wednesday, Jan 22, 2020 · 6:50:25 PM +00:00 · Mark Sumner

Again Schiff visits the heroism and importance of those who spoke in spite of Trump’s order to be quiet. I like that focus.

Wednesday, Jan 22, 2020 · 6:54:17 PM +00:00 · Mark Sumner

Schiff lays out the plan for the next three days,

Narrative version of events Timeline Constitutional argument Wednesday, Jan 22, 2020 · 6:58:57 PM +00:00 · Mark Sumner

Schiff moves into the case by revisiting Trump’s support of Russian propaganda in both Ukraine and the 2016 election. Republicans have been trying to use the Mueller report to weaken the case against Trump. An interesting move from Schiff to make Mueller and his conclusions so key to his opening statement.

Wednesday, Jan 22, 2020 · 7:07:32 PM +00:00 · Mark Sumner

Schiff does a very good job of walking through both demands that Trump made following his “favor” statement to President Zelensky — the crowdstrike conspiracy theory and the smear campaign against Biden. He punctuates this presentation with images of Trump openly defending these statements, as well as making a call out to China. In any reasonable world, that should be the end of the trial. No other evidence is necessary.

Wednesday, Jan 22, 2020 · 7:24:58 PM +00:00 · Mark Sumner

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.@RepAdamSchiff: "There is no serious dispute about the facts underlying the president's conduct. This is why you will hear the president's lawyers make the astounding claim that you can't impeach a president for abusing the powers of his office..." pic.twitter.com/bzKJWF71lC

— CSPAN (@cspan) January 22, 2020

The impeachment trial of Donald Trump started on Tuesday with debate on trial procedures—namely, Senate Majority Leader Mitch McConnell's carefully planned cover-up. The debate has been conducted by the House impeachment managers and Trump’s defense team. On Tuesday McConnell released a slightly relaxed version of the dark-of-night procedure he initially proposed, but make no mistake that he and Trump’s team continue to press for a cover-up.

Republicans have voted down one Democratic amendment after another, even as it’s been clear to even the most scrupulously both-sidesist of journalists that "Trump's defense looks shaky"—in fact, even Chris Wallace of Fox News said that “to some degree the White House lawyers are making a mistake.” But Republicans aren’t here to go with the side that makes the stronger case, and they apparently don’t mind if the world knows it.  

Wednesday, Jan 22, 2020 · 1:42:52 AM Eastern Standard Time · Joan McCarter

And now the final vote on passing McConnell’s resolution for trial procedures.

Wednesday, Jan 22, 2020 · 1:49:00 AM Eastern Standard Time · Joan McCarter

And, of course, the organizing resolution is passed, 53-47.

Wednesday, Jan 22, 2020 · 6:54:21 AM +00:00 · Barbara Morrill

And that’s a wrap for today. (And yesterday!)

Wednesday, Jan 22, 2020 · 5:25:54 AM +00:00 · Mark Sumner

Nadler has been energetically pointing out the importance of Bolton to the investigation, his willingness to appear before the Senate, and his claims to have new information. All of which makes Bolton a wildcard. But considering that without testimony, Trump is sure to walk, it’s worth taking the chance that Bolton is going to sing Trump’s praises. 

Trump’s team may have more than a couple of minutes of bland talking points prepared when it comes to Bolton, because surely this is one even they had to anticipate. We’ll see.

Wednesday, Jan 22, 2020 · 5:26:54 AM +00:00 · Mark Sumner

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"Ambassador Bolton has made clear that he is ready, willing and able to testify about everything he witnessed. But President Trump does not want you to hear from him. The reason has nothing to do with executive privilege, nothing to do with national security." - @RepJerryNadler pic.twitter.com/vYa3l6fqoD

— House Intelligence Committee (@HouseIntel) January 22, 2020

Wednesday, Jan 22, 2020 · 5:32:54 AM +00:00 · Mark Sumner

I know they had all this gamed out, but it’s a shame Nadler didn’t get to go earlier, because he’s clearly enjoying himself and presenting his material with a sense of big ‘D’ drama.

Wednesday, Jan 22, 2020 · 5:37:44 AM +00:00 · Mark Sumner

Nadler repeatedly positions a vote against this amendment as a “betrayal” and being “complicit in the cover-up.” Nadler describes votes against witnesses as “a treacherous vote.” 

Not sure how this is playing with Senators. But man, he is being tough.

Wednesday, Jan 22, 2020 · 5:39:44 AM +00:00 · Mark Sumner

Cipollone claims that Nadler made “false allegations” against both the Trump team and the Senate. Suddenly Cipollone, after a day of sneering and table pounding, is so, so concerned about being “respectful” of the Senate.

Wednesday, Jan 22, 2020 · 5:42:25 AM +00:00 · Mark Sumner

And now Cipollone is screaming.

Wednesday, Jan 22, 2020 · 5:47:44 AM +00:00 · Mark Sumner

Holy cow. Nadler has set both Cipollone and Sekulow on tilt. Both of them end the day flat out shrieking. 

Cipollone gets to be the one who declares Donald Trump “a man of his word” and demands an apology from Nadler. Sekulow is left shouting about “shredding the Constitution” by being insufficiently differential to executive privilege.

Wednesday, Jan 22, 2020 · 5:58:47 AM +00:00 · Mark Sumner

McConnell calls for tabling the subpoena to Bolton. Odds that Nadler’s hard push for a vote made any difference… not good.

Wednesday, Jan 22, 2020 · 6:00:00 AM +00:00 · Mark Sumner

Roberts gave an official shake of the finger at both Nadler and Trump’s team for failing to abide by Senate rules of respectful discourse.

Wednesday, Jan 22, 2020 · 6:04:24 AM +00:00 · Mark Sumner

Voted down along party lines … and Schumer is not done. Here comes amendment #9.

Wednesday, Jan 22, 2020 · 6:10:40 AM +00:00 · Joan McCarter

This (probably) final amendment would require a vote of the Senate on any motion to subpoena witnesses and documents. From Schumer’s office:

“Senator McConnell’s resolution includes a provision that only says there will be a vote on whether it will be in order for the Senate to vote on motions to subpoena witnesses and documents. In order to get to actual votes on witnesses and documents, this amendment would have to first pass.

Sen. Schumer’s latest amendment (#9) would eliminate this unnecessary obstacle and provide for a vote in the Senate on any motion to subpoena witnesses and documents in the time after the question period.”

Wednesday, Jan 22, 2020 · 6:13:07 AM +00:00 · Joan McCarter

Schiff says that “if there was any veneer left” from Trump’s team that they would allow witnesses eventually, it’s gone now. “The veneer is gone. All that promise that you’ll get to take a vote on witness is gone.”

Wednesday, Jan 22, 2020 · 6:20:03 AM +00:00 · Joan McCarter

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Agreed to (tabled), 53-47: Motion to table Schumer Amendment #1292 (To provide that motions to subpoena witnesses or documents shall be in order after the question period) to S.Res.483, the Organizing Resolution.

— Senate Cloakroom (@SenateCloakroom) January 22, 2020

Wednesday, Jan 22, 2020 · 6:22:08 AM +00:00 · Joan McCarter

And another amendment which apparently would just change the McConnell resolution to change deadlines for when written motions are due—scheduled for 9 in the morning, with a response 2 hours later. House managers are asking for more time to respond.

Wednesday, Jan 22, 2020 · 6:28:36 AM +00:00 · Joan McCarter

They picked off one R—not clear who yet. They were quiet in answering. One more amendment coming.

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Agreed to (tabled), 52-48: Motion to table Schumer Amendment #1293 (To allow additional time to file responses to motions) to S.Res.483, the Organizing Resolution.

— Senate Cloakroom (@SenateCloakroom) January 22, 2020

Wednesday, Jan 22, 2020 · 6:31:30 AM +00:00 · Joan McCarter

Ok, they promised this was the last one. Puts a bit of pressure on Roberts, saying “to help ensure impartial justice by requiring the Chief Justice of the United States to rule on motions to subpoena witnesses and documents" in the impeachment trial.” And it was Collins who broke ranks on the previous amendment.

Wednesday, Jan 22, 2020 · 6:41:28 AM +00:00 · Joan McCarter

You’ll be shocked: 

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Agreed to (tabled), 53-47: Motion to table Schumer Amendment #1294 (To help ensure impartial justice by requiring the Chief Justice of the United States to rule on motions to subpoena witnesses and documents) to S.Res.483, the Organizing Resolution.

— Senate Cloakroom (@SenateCloakroom) January 22, 2020

The impeachment trial of Donald Trump started on Tuesday with debate on trial procedures—namely, Senate Majority Leader Mitch McConnell's carefully planned cover-up. The debate has been conducted by the House impeachment managers and Trump’s defense team. On Tuesday McConnell released a slightly relaxed version of the dark-of-night procedure he initially proposed, but make no mistake that he and Trump’s team continue to press for a cover-up.

Republicans have voted down one Democratic amendment after another, even as it’s been clear to even the most scrupulously both-sidesist of journalists that "Trump's defense looks shaky"—in fact, even Chris Wallace of Fox News said that “to some degree the White House lawyers are making a mistake.” But Republicans aren’t here to go with the side that makes the stronger case, and they apparently don’t mind if the world knows it.

Wednesday, Jan 22, 2020 · 4:13:36 AM +00:00 · Mark Sumner

It’s easy (and fun) to chuckle over Pam Bondi popping up at 11PM to repeat a random assortment of Republican talking points, along with an equal number of simple mistakes. But the truth is, she did just as well as Cipollone and certainly better than Sekulow ranting about “lawyer lawsuits.”

Wednesday, Jan 22, 2020 · 4:14:44 AM +00:00 · Mark Sumner

Every time the camera backs off to show the Senate chamber, it’s kind of shocking how small a place it is.

Wednesday, Jan 22, 2020 · 4:21:36 AM +00:00 · Mark Sumner

The next vote completes, and Schumer sends up an amendment that inserts a sentence concerned with providing new information not contained in the House report.

McConnell calls a mercy five minute break.

Wednesday, Jan 22, 2020 · 4:31:32 AM +00:00 · Mark Sumner

McConnell’s “hard five minute” break is at ten minutes and counting.

Wednesday, Jan 22, 2020 · 4:35:47 AM +00:00 · Mark Sumner

Schumer’s oddly worded amendment seems to create a situation where if the White House tries to bring up something not in the current House report — say, by releasing a single memo — they have to provide everything that was part of any subpoena that would have included the memo. Which is tricksy.

But since Republicans are voting on autopilot, I’m not sure it matters.

Wednesday, Jan 22, 2020 · 4:44:19 AM +00:00 · Mark Sumner

Yep. Schiff makes it clear that Schumer's amendment is a shield against a rain of cherry-picked documents designed to create confusion by carefully dodging Trump's crimes.

Wednesday, Jan 22, 2020 · 4:46:38 AM +00:00 · Mark Sumner

I will put on my swami hat now and predict that Trump’s attorneys will claim that Schiff violated the privacy of Devin Nunes. 

Wednesday, Jan 22, 2020 · 4:50:01 AM +00:00 · Mark Sumner

Philbin speaks for Trump’s team, and continues to claim the right to declare House subpoenas invalid. Because.

But the real reason they won’t support the amendment is because being able to insert cherry-picked items is a purposeful inclusion in McConnell’s proposal.

Wednesday, Jan 22, 2020 · 4:51:56 AM +00:00 · Mark Sumner

Sekulow talks himself into a circle, then retires.

Wednesday, Jan 22, 2020 · 4:56:09 AM +00:00 · Mark Sumner

Schiff jumps on a comment by Sekulow to make a good comeback about both the nature of the “trial” so far, and the schedule. “They’re hoping people are asleep.”

Wednesday, Jan 22, 2020 · 4:57:47 AM +00:00 · Mark Sumner

McConnell moves to table the amendment. Will their be any deviation from the party line votes we’ve had to this point? Unlikely.

Wednesday, Jan 22, 2020 · 5:03:43 AM +00:00 · Mark Sumner

Republicans remain following their party line in favor of admitting cherry-picked documents, as expected.

Schumer responds with proposed amendment for Bolton. This is, so far as I’m aware, the last one.

Wednesday, Jan 22, 2020 · 5:05:24 AM +00:00 · Mark Sumner

Hey, it’s Jerry Nadler! I’d forgotten he was there.

Sounds very awake at this late hour, and determined to speak at a volume that will keep even Risch from snoozing.

Wednesday, Jan 22, 2020 · 5:10:11 AM +00:00 · Mark Sumner

It may be late, but Nadler was clearly waiting for this moment. He’s jumping on his opportunity to be a part of this impeachment trial and speaking with energy and intensity. “The question is whether the Senate will be complicit in the cover-up… unfortunately, so far I’ve seen that every Republican senator wants to be part of the cover-up.”

Wheh.

Wednesday, Jan 22, 2020 · 5:16:10 AM +00:00 · Mark Sumner

Nadler is coming hard at the idea that locking out Bolton represents active participation in the cover-up. Some Senators may wake up long enough to steam about it. If so … good.

Honestly, I'm not all that stoked about hearing from a witness when I don't have a clue what they will say. Bolton could very easily determine that there's a lucrative future in a surprise exoneration. But sure. Subpoena the bastard.

Wednesday, Jan 22, 2020 · 5:17:18 AM +00:00 · Mark Sumner

Ah. Nadler gives me another hit of Fiona Hill. Thanks, Jerry.