Thread by @BBuchman_CNS

Good morning. We start President Donald Trump's impeachment trial in the Senate with debate and then a vote on the rules that will guide how the trial unfolds. I will frequently be reporting from inside the chamber and largely relegated to pen/pad until I can access electronics.

I hope you will continue to follow along here for updates and color as the trial progresses!

Debate in Senate starts at 1PM ET today, both sides get an hour. Then, expected around 3PM ET, Dems propose amendments to GOP resolution and eventually, some time tonight, they vote.

For your review, the organizing resolution proposed by Majority Leader Mitch McConnell:
documentcloud.org/documents/6662…
@CourthouseNews

Now, Speaker Pelosi weighs in on McConnell's proposed resolution, calling the schedule "absurdly compressed" and indicative of a cover up:

House Impeachment Managers also react harshly today to McConnell's resolution, noting how for weeks McConnell claimed he would follow the precedent set in Clinton's impeachment.

McConnell's resolution "deviates sharply from the Clinton precedent — and common sense — in an effort to prevent the full truth of the President’s misconduct from coming to light."

"In the Clinton case, the President provided all of the documents — more than 90k pages of them — before the trial took place. McConnell’s resolution rejects that basic necessity," House Impeachment Managers said in a statement released this a.m.

In Clinton's case, witnesses testified before the trial ever began, they note. "The only issue was whether they would be re-called to testify once more. The substance of what they would say was already known."
McConnell is now trying to prevent witness testimony, they argue.

“If those efforts are successful, this will be the first impeachment trial in American history in which the Senate did not allow the House to present its case with witnesses and documents," House Impeachment Managers say.

House Impeachment Managers on the GOP proposed resolution for trial rules: "The McConnell Resolution goes so far as to suggest it may not even allow the evidence gathered by the House to be admitted. That is not a fair trial. In fact, it is no trial at all."

“A White House-driven and rigged process, with a truncated schedule designed to go late into the night and further conceal the President’s misconduct, is not what the American people expect or deserve," House Impeachment Managers said.

House Impeachment Managers call on Senators to reject today's resolution, saying: “There should be a fair trial — fair to the President, yes, but equally important, fair to the American people. Any Senator who wants the same, should reject the McConnell Resolution.”

Someone asked earlier - today's proceedings will be televised but a reminder - the televised images you will see are controlled by the Senate. Reporters inside the chamber like myself are not permitted to take photos/video. CSPAN broadcasting here: c-span.org/video/?468163-…

NEW: In a letter to Pat Cipollone, House Impchmt Mgrs say the WH counsel is a fact witness and must disclose all relevant firsthand info to Senate. From the letter:

Full letter from House impeachment mgrs to WH counsel Pat Cipollone available here:
documentcloud.org/documents/6662…

The wind up to today's debate and vote on the rules of engagement for the Senate impeachment trial of President Donald Trump:
courthousenews.com/mcconnell-maps…
(via @KlasfeldReports and @MMineiro_CNS)

@KlasfeldReports @MMineiro_CNS I will be in and out of the Senate chamber today which means I will be able to live-tweet trial events when possible. Stay tuned!
@CourthouseNews

@KlasfeldReports @MMineiro_CNS @CourthouseNews The trial is about to reconvene, prayer now. "Lord, turn their ears to listen to your admonition, as you infuse them with the courage to obey your commands. We have trusted you since the birth of this land we love that is why we will declare your glory as long as we have breath."

@KlasfeldReports @MMineiro_CNS @CourthouseNews Mitch McConnell speaking from the floor. "Today we will consider an organizing resolution that will structure the first phase of the trial, this initial step will offer an early signal to our country: can the Senate still serve our founding purpose?"

McConnell: "Can we put fairness, evenhandedness ahead of the partisan passion of today? The resolution puts forward the support of the majority of the Senate because it sets up a structure that is fair, evenhanded and tracks closely with past precedents established unanimously."

McConnell: After pre-trial business, the resolution establishes 4 things: the senate will hear an opening presentation from house managers, then hear from POTUS counsel. Next senators can seek further info by posing written q's to either side thru the chief justice and finally...

McConnell: "With all that information at hand, the Senate will consider whether add'l witnesses or evidence is necessary to evaluate whether the House case has cleared or failed to clear the high bar of overcoming the presumption of innocence and undoing of a Democratic election"

Chuck Schumer from the floor - "For POTUS to say Article II gives him the right to 'do whatever he wants' - we are staring down an erosion of the sacred Democratic principles for which our Founders fought a bloody war of independence. Such is the gravity of this moment."

Today Schumer says he will offer amendments to "fix the flaws" of McConnell's resolution, incl. an amendment to have the House subpoena WH documents.
"The amendments are not dilatory, they only seek one thing - the truth," the minority leader says.

Schumer: "It makes no sense to have Senate present the case first and then call for witnesses and documents. The Constitution gives the Senate the full power to try impeachments, not the sole power to review, not the sole power to rehash, but to try."

ALL THE PRESIDENT'S MEN: "If the president’s case is so weak and none of the president’s men can defend him under oath, shame on him and those that allow it to happen,” Senate Minority Leader Chuck Schumer said from the floor.

A question from Schumer: "The eyes of history, the eyes of the Founding Fathers are upon us. History will be our final judge. Will senators rise to the occasion?"
@CourthouseNews

@CourthouseNews And away we go. Debate shall begin now on the rules for trial. We have two hours of debate, one hour allotted for Dems and one for Republicans. After this time, Schumer can begin offering amendments.

@CourthouseNews WH counsel Pat Cipollone speaking from the floor. He begins by thanking the Chief Justice and addressing McConnell, Schumer et al.
"We support the resolution," he says, because it is modeled on the Clinton resolution. Then he laments the delay from House to Senate to start trial

@CourthouseNews WH counsel Pat Cipollone: It is long past time to start this proceeding and we hope house managers will agree with us and begin this proceeding today.

@CourthouseNews House Impeachment Mgr Adam Schiff explaining why they oppose the McConnell resolution by starting out with an explanation of why Trump was impeached: he abused power by soliciting a foreign interference in an election and roundly refusing to cooperate w/Congressional requests

Noting Trump's position - which is: "even if conduct is proved, there is nothing that the House or Senate may do about it," -- Schiff is near incredulous: "It is his belief under Article II he can do anything he wants, no matter how corrupt or outfitted in gawdy legal clothing."

DEVELOPING: courthousenews.com/mcconnell-tell…

via myself, @KlasfeldReports, @MMineiro_CNS and @ByTimRyan
@CourthouseNews

@KlasfeldReports @MMineiro_CNS @ByTimRyan @CourthouseNews The charges here represent a threat to our own national security as well as our security abroad, Schiff says. "This resolution is merely the first step in an effort to rush the trial, hide the evidence... or worse, [obtain] a fast dismissal."

@KlasfeldReports @MMineiro_CNS @ByTimRyan @CourthouseNews Schiff says if the resolution passes intact, "We will never learn how deep the corruption of this administration goes and what threats to our national security and elections remain hidden."

@KlasfeldReports @MMineiro_CNS @ByTimRyan @CourthouseNews Schiff says the American people want a fair trial and want to believe their system of government is still capable of rising to the occasion and rising above party - but a "great many Americans don't believe that will happen."
(continued)

Schiff: "You don't prove them wrong by conviction alone, but convicting him only."

It is only proven if the House is allowed to prove its case, to call witnesses, to obtain docs. This in its sum, would be a fair trial.

A handy list of those officials President Trump has directed *not* to testify:
- Amb. John Bolton
- John Eisenberg
- Michael Ellis
- Preston Wells Griffith
- Charles Kupperman
- Russell T. Vought
- Michael Duffey
- Brian McCormack
- T. Ulrich Brechbuhl
- Rick Perry

I've got some color from inside the trial courtesy of my colleague @MMineiro_CNS who is currently Senate-side. (Our team will be changing out reporters from inside the chamber as the trial unfolds so readers get a well-rounded impression of what is going on!)....

@MMineiro_CNS Spotted from the perch where media is penned-in: swing vote Senators Lisa Murkowski and Susan Collins. Both are seated next to each other for the trial and both were spotted taking notes furtively today.

But when Schiff, from the floor, was imploring senators to uphold their duties as both senator and trial juror, both Murkowski and Collins were focused, their eyes squarely trained on Schiff and their hands unmoving.

https://twitter.com/BBuchman_CNS/status/1219722576156598273?s=20

From floor, impeachment manager Zoe Lofgren offers a presentation of evidence to support the articles and mentions the thrust of Gordon Sondland's testimony: everyone was "in on it." Officials at OMB, State, knew what Trump was after: announcement of investigations into Biden

DEVELOPING with all hands on deck here in Washington.
Story will update.
courthousenews.com/mcconnell-tell…

TALLY: On the Schumer amendment proposing the subpoena of White House Docs, including records from Trump admin regarding the decision to freeze military aid, motion to table: 53-47.

Impeachment manager @RepValDemings notes the need for additional witness testimony and documents in light of revelations from Giuliani associate Lev Parnas.
Background on that: courthousenews.com/parnas-implica…

@RepValDemings More color from inside, roughly 20 minutes ago: Sen. McSally and Sen. Romney were not taking many, if any, notes today though Sens. Murkowski and Collins continued to take notes often.

@RepValDemings When Schiff was closing out some of his remarks earlier and suggested GOP had already made up its mind on whether it would impeach Trump or not, he took a beat and gazed at Republican senators directly as if to drive the point home.

@RepValDemings Some senators also strayed from the rules a bit. According to @MMineiro_CNS, more than a few senators have chatted amongst themselves. Sens. Ben Sasse and Tim Scott shared a laugh or two and at another point Sen. Bernie Sanders was spotted reading the back of his lozenges box.

@RepValDemings @MMineiro_CNS Pages have run water in and out of the chamber, as well as notes and tissues to members, but they can't bring any other beverages in except for - MILK.

To all of the Its Always Sunny Fans, no, the McPoyles are not in the building.

@RepValDemings @MMineiro_CNS As the hours have passed, fewer and fewer senators have taken notes. More lawmakers are leaning back in their chairs, seeming somewhat less engaged. (We are seven hours into this already)

@RepValDemings @MMineiro_CNS 🍑🍑🍑🍑
The word "ass" has made two appearances today on the Senate floor. First, when Schiff referred to GOP attacking House managers and said their failure to discuss Trump's guilt was "ass-backward" and then reciting Sondland's msg to Trump that Pres. Zelensky loved his ass.

@RepValDemings @MMineiro_CNS McConnell now proposes a motion to table 3rd amendment. This amendment would have House managers subpoena docs from the OMB from Jan 2019 to present.

@RepValDemings @MMineiro_CNS An amendment seeking docs from OMB from Jan 2019 to present was tabled. Vote down party lines.

@RepValDemings @MMineiro_CNS Story will update: As the Senate debated the rules for President Donald Trump’s historic impeachment trial Tuesday, Senate Republicans beat back several amendments that would have added more documents and witnesses into the record.
courthousenews.com/mcconnell-tell…
@CourthouseNews

@RepValDemings @MMineiro_CNS @CourthouseNews When Impeachment Manager Hakeem Jeffries spoke from the floor, he advocated strongly for the subpoenaed testimony of OMB director Mick Mulvaney.
Jeffries points to several points that he says proves the Trump admin has "no legal justification" to bar Mulvaney's testimony (cont.)

On lack of legal justification to bar Mulvaney testimony, Impeachment Mgr Jeffries notes:
- There was no invocation of executive privilege
- The claims of executive privilege were made up
- The claim to absolute immunity has been rejected

Sen. Jeffries of New York busted out some Biggie Smalls. Perhaps inadvertently but I know it caught my attention.
"If you don't know, now you know," he said as he wrapped up his comments on why Mulvaney should be subpoenaed

I am surprised at the sheer volume of people who are suggesting this BIGGIE SMALLS lyric is a line from the musical Hamilton.

ANALYSIS: Jennifer Rodgers, a former federal prosecutor from the Southern District of New York, offers her legal analysis on Day One of Trump's impeachment trial. (via @KlasfeldReports)
courthousenews.com/impeachment-tr…
@CourthouseNews

@KlasfeldReports @CourthouseNews Amendment no. 5 now up for debate - this amendment proposes subpoenaing the defense department for records related to the delay, withholding or releasing of military assistance to Ukraine + docs on planned mtgs with officials

@KlasfeldReports @CourthouseNews The motion was ultimately tabled down party lines.
Now from the floor impeachment manager Sylvia Garcia.

@KlasfeldReports @CourthouseNews Impchmt Mgr Garcia: "Everyday Americans know what a trial looks like whether its Perry Mason or Law & Order. They know what a trial is: that both sides can be heard. It's about witnesses, documents. It's about getting a fair shot and that's all we're asking for today."

@KlasfeldReports @CourthouseNews Up for debate now: a proposed amendment to subpoena OMB officials Robert Blair and Michael Duffey.
Garcia explains why they must be subpoenaed:
"They operated machinery of the executive branch. They implemented Trump's instruction to freeze aid to Ukraine."

@KlasfeldReports @CourthouseNews The vote on the amendment to subpoena OMB officials Blair and Michael Duffey is now being voted on.

I'll give you all one guess as to what the vote break down will be.

@KlasfeldReports @CourthouseNews Amendment to subpoena OMB officials Blair and Duffey is tabled. Vote tally: 53-47.

@KlasfeldReports @CourthouseNews Also folks, if you aren't playing 53 or 47 in your lotto picks, I don't know what to tell you.

15 minutes from midnight and Schiff proposed the 7th amendment for debate. This amendment would prevent selective admission of evidence and provide proper handling of classified materials.

Motion tabled. 53 to 47.

8th amendment proposed is to subpoena John Bolton.

Jerry Nadler speaking from the floor now, saying GOP has "quite a lot of nerve" to balk at subpoenas when the President has actively worked to tie up subpoenas in court.

Nadler says Trump and his team have applied a "kingly prerogative" and a "monarchical prerogative" to impeachment. "No president has ever claimed the right to stonewall Congress on anything," he says.
Good time to note that even Nixon eventually acquiesced to requests.

Schiff from floor says this is no illusory threat to our elections. He notes developments in recent weeks re: reports that Russians attempted to hack Burisma. Why would they do that? Look to '16. They hacked DNC, leaked campaign docs & POTUS too happy to cite hacked docs, he adds

Schiff: "Trump's personal lawyer went to jail, campaign chairman went to jail, his associates are under indictment... the list goes on and on. That's how you drain the swamp, I guess, you have all your people go to jail. I don't think that's what was meant by this expression."

Chief Justice Roberts admonished both sides just a moment ago, saying they should remember where they stand and to remember that they address the "world's greatest deliberative body."

Now we are voting on the motion to table the amendment proposing the subpoena of John Bolton.

It should be noted that the Chief Justice must return to SCOTUS for morning arguments in 10 hours.

Make that closer to nine hours until Chief Justice must return to court.

And with that, the amendment to subpoena Bolton is tabled. Down party lines. You know the number. 53-47.

Sen. Schumer proposed his 9th amendment moments ago. This amendment would give the Senate an opportunity to vote on any motion to subpoena witnesses and docs after the Senate-question period.

We are now officially into the 13th hour of proceedings.

Seems like a good time to remind you that Senators are elected to six year terms.

Schiff from the floor says GOP doesn't want to see witnesses come take their oath and testify under it.

Schiff, at this late hour: "This is only a trial about the impeachment of the president of the United States. You have a trial over someone stealing mail? You're going to get live witnesses. But impeachment of the president? No you don't need the credibility of those witnesses."

Sen. Schumer's amendment giving Senate opportunity to vote on any motion to subpoena witnesses and docs after the Senate-question period is killed, 53-47.

Senate voted on amendment from Schumer that sought additional time for mgrs to respond to motions.
The final tally... your eyes do not deceive you... 52-48.
One GOPer wanted respite but no dice.
The amendment is killed.

Here we are. The final countdown. The final amendment obligates the Chief Justice to rule on motions seeking a subpoena of witnesses and docs.
Amendment says if Senate disagrees and its put to a vote, they can overrule Roberts.
Schiff: It gives the decision to a neutral party.

Jay Sekulow rises in opposition saying that the Senate has the sole authority to try impeachment and takes his seat.

: record scratch :

Schiff rises: "The president's counsel just acknowledged for the first time this isn't an appellate court. This is the trial, not the appeal."

Schiff on suggestion of witness trading (Biden for Bolton etc) "This isn't like fantasy football here. We aren't making trades, 'we'll trade you one completely irrelevant witness that allows you to smear the president's opponent for ones that are really relevant.'"

Schiff: "Is that a fair trial? If you can't trust the Chief Justice appointed by a Republican president to make a fair decision ... I think it betrays the weakness of your case."
@CourthouseNews
#ImpeachmentDay

@CourthouseNews Now: McConnell triggers vote to kill amendment that proposes giving Chief Justice power to decide whether to call witnesses. (Amendment makes clear he could be overruled by a Senate vote though, still giving the body its constitutional authority here)

@CourthouseNews Motion giving Chief Justice power to decide whether witnesses are called is killed, 53-47.

McConnell rose and thanked Chief Justice for his patience. McConnell chuckled and Justice Roberts was met with applause.
The vote to adopt the resolution happening now.

@CourthouseNews BREAKING: The Senate has voted to adopt the resolution 53-47.

@CourthouseNews And with that, the Senate has approved the resolution that determines how this trial will play out in the coming days.
I will post an updated story shortly for @CourthouseNews

@CourthouseNews NOW: A historic day of intense gridlock unfolded in what Chief Justice John Roberts called the "world's greatest deliberative body" as the impeachment trial of President Donald J. Trump unfolded over a grueling 13-hour opening session.
courthousenews.com/after-partial-…
@CourthouseNews