Press ready and waiting for Schumer to kick off day 3 of the Senate impeachment trial. Stand by. @CourthouseNews
.@SenSchumer says Repubs voted in lock step last night against relevant evidence and witnesses, that they claimed to want a fair trial but “their votes belie that.”
.@SenWhitehouse’s take on where the historic proceedings are headed: “It is clear from last night that we are now on a partisan forced march to a predetermined outcome.”
Schumer also stressed though that the last minute changes to McConnell’s rules resolution yesterday shows the GOP members hold the power to enforce a fair trial. Says they will now have to vote for witnesses and docs after the days for openings arguments and senator questions.
.@ChrisMurphyCT “The American public is not going to stand for a rigged trial” adds there is going to be hell to pay in their districts if senators don’t get a fair trial
.@SenSchumer not giving a yes/no on whether he would trade Bolton’s testimony for Repubs calling Hunter Biden as witness. “We don’t need to have witnesses that have nothing to do with this...right now we haven’t heard them wanting any witnesses at all.”
On the trial rules debate that ran to 2AM yesterday @SenSchumer “We didn’t want to go late into the night. That was McConnel’s choice...they want it to go into the dark of night. They want as much of this hidden from the American people as possible.”
asked if the late night vote will turn off GOP moderates that Dems need votes from to get witnesses @SenSchumer says what should determine senators votes is their conscious.
“The arguments of the President’s lawyers was like a Fox News show. A lot of finger pointing and nothing to do with the actual facts.” @SenSchumer
Schumer says this might be the first time some senators are hearing the case against Trump and they’re listening now without the distraction of laptops and iPhones. “I’m looking forward to it,” @SenSchumer says of the House Managers arguments.
.@ChrisMurphyCT asked by reporters if Dems are willing to trade Bolton’s testimony for Hunter Biden’s he said that’s not a conversation that is happening.
“We’re not in the business of trading away relevant witnesses for re-election gambits from the President.”
@ChrisMurphyCT No phones allowed in the Senate press gallery. So I'll be headed in shortly with pen and pad to see what I can spot perched above the trial as it kicks off again at 1PM.
Sen Rand Paul was doing a crossword puzzle for over an hour in the #SenateImpeachmentTrial during Schiff's opening this morning.
Schiff opened starting at 1PM, not this morning. I have just lost all sense of time sitting in the press gallery.
Sanders could also be seen on more than on occasion nodding off, slouched in his chair with his chin bobbing down to his chest.
Senators are also limited to water only in the chamber. But I saw more than one lawmakers ask for hot water, and Sen Scott asked for water "with bubbles" which I later noticed others ordering as well.
ICYMI: word surfaced yesterday of a witness swap, Democrats get Bolton and Republicans call Hunter Biden. But Schumer told reporters “No, that’s off the table.” @CourthouseNews courthousenews.com/democrats-deny…
@CourthouseNews Gavel sounds, Roberts just closed out the impeachment trial where exhaustion and disinterest struck the senators-turned-jurors during today’s historic proceedings after a series of votes last night stretched to 2AM. courthousenews.com/sleepy-hungry-…
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Facebook CEO Mark Zuckerberg and Twitter CEO Jack Dorsey are set to testify virtually at the top of the hour to the Senate Judiciary Committee about online misinformation and the 2020 election. Follow for live updates. @CourthouseNews
Sen Chuck Grassley, 87, who sits on the committee (also serves as Senate president pro tempore) announced just this morning that he tested positive for COVID-19 and will be working remotely from home.
Chairman Lindsey Graham will appear in person today, but has given other senators the option to question the tech CEOs remotely or in person.
Judge Emmet Sullivan: “Regardless of how someone votes, we want everyone's vote to be counted.”
Sullivan on a videoconference hearing right now discussing with plaintiffs and DOJ moving the USPS lawsuits to a more typical schedule, with no more daily hearings.
Notable data from this morning's USPS production:
In Pennsylvania, 170 ballots cast on Sunday Nov 1 were not delivered until Saturday Nov 7 -- after the state's Friday deadline to count ballots postmarked by Election Day.
NEW: USPS reports in court filing that “all clear” sweeps of facilities located 1,703 ballots in Penn and 540 in NC — 2,243 total between the two swing states with extended ballot receipt deadlines.
Total findings from USPS daily searches for misplaced ballots >>>
Update: DOJ telling Judge Sullivan that discrepancies in the above records were "growing pains," with different personnel filling out different forms for the first time yesterday to provide the info to the court.
Hearing coming up at the top of the hour on the USPS lawsuits over possible delayed delivery of mail-in ballots.
Yesterday, Judge Sullivan indicated Postmaster DeJoy was not "off the hook" for failing to follow an Election Day order to sweep facilities for misplaced ballots.
Note that court staff have set up two more public lines after hundreds of people dialed in yesterday:
We also got a dump of data from USPS in the last hour or so on:
Extra and late trips
On-time delivery percentages
Number of inbound/outbound ballots processed
(all stats the agency has been sharing/updating daily over the last week)
In a hearing set to begin momentarily, Judge Sullivan plans to question "the apparent lack of compliance" by USPS with his order to sweep postal facilities on Election Day to make sure no ballot was left behind. @CourthouseNews background: courthousenews.com/postal-service…
Sullivan, always very friendly with both parties, is NOT happy.
“I would like you to explain just what the heck happened yesterday.”
Judge Sullivan says that Postmaster General DeJoy may need to appear before him to testify.
Judge Sullivan is preparing to issue an order for OIG inspectors to sweep USPS processing facilities today that had low processing scores for ballots delivered yesterday -- including in Florida, Georgia and Pennsylvania -- to make sure no mail-in ballots are left behind.
Text of the proposed order, which will change slightly in the final order including the 3 o'clock deadline pushed to 4:30>>>
NAACP motion for further relief filed moments before this morning's hearing>>>