Thread by @BBuchman_CNS

Good morning from Washington.

Growing up here, I never thought as I strolled the American history museum as a kid, I'd end up working in a real time exhibit.

Today, House impeachment mgrs conclude opening arguments. Their focus? President Trump's Obstruction of Congress.

President Trump's impeachment trial in the Senate convenes at 1 PM ET.

I will live-tweet and post updates and stories with my colleagues in this thread.
#ImpeachmentTrial

ICYMI:

https://twitter.com/CourthouseNews/status/1220606522855690240?s=19

It is just under 30 minutes until trial reconvenes.
Today, the focus of impeachment managers' arguments will be on the second article: Obstruction of Congress.
For your convenience, the articles available here:
documentcloud.org/documents/6572…

Schiff to reporters now: "They have withheld 100s & 100s of documents for which there is no colorable claim of privilege. Several of the witnesses have no colorable claim of privilege. This is merely the latest camouflage and the latest attempt to obstruct Congress & the trial."

Earlier tweet deleted to reflect that Schiff said "hundreds *and* hundreds."
I originally tweeted "hundreds *of* hundreds."

Regret the confusion. Thanks for patience, folks.

I will live-tweet proceedings today but if you want to watch along at home: c-span.org/video/?468451-…

DEVELOPING: Friday marks the final day of opening arguments for House impeachment managers to convince Senate Republicans that President Donald Trump’s obstruction of Congress warrants removing him from office.
courthousenews.com/dems-detail-ob…
(via myself, @JackRodgersCNS &@ByTimRyan)

@JackRodgersCNS From the House-passed res on articles: “In the history of the republic, no pres. has ever ordered the complete defiance of an impeachment inquiry or sought to obstruct and impede so comprehensively the ability of the House of Reps. to investigate high crimes and misdemeanors."

@JackRodgersCNS Away we go. We begin w/ prayer requesting lawmakers "strive for civility & respect."
"May they respect the right of the opposing side to differ regarding convictions & conclusions. Give them the wisdom to distinguish between facts and opinions without lambasting the messengers."

@JackRodgersCNS Senators are now taking their seats and Chief Justice Roberts convenes as the sergeant at arms demands all to "keep silent upon pain of imprisonment" as arguments unfold.

@JackRodgersCNS McConnell says tomorrow's session will convene at 10AM and "run for several hours" as POTUS counsel begins their presentation.

@JackRodgersCNS Impeachment managers have 7 hours and 53 minutes remaining to make their case.

@JackRodgersCNS We start with impeachment mgr Jason Crow who is wrapping up argumentation on article I, abuse of power, then we will move into article II, obstruction of congress.

@JackRodgersCNS Crow begins by talking about when the aid was lifted and how it was only done when Trump was "caught"
Aug 26- WB complaint sent to DNI
Sept 5 - WaPO runs "Trump Tries to Force Ukraine to Meddle in 2020 Election"
Sept 9 - House announces Ukraine Invstgn
Sept 11 Trump releases aid

@JackRodgersCNS Crow: The aid itself was really important to Ukr. but the aid was equally important as a signal to Russia about US support for Ukraine. Regardless of whether it was released, the fact that the hold became public signaled U.S. support was wavering. And Russia was watching closely.

@JackRodgersCNS Crow anticipates the looming defense argument from Trump. "You will notice they ignore significant portions of the argument. One defense you may hear is that the aid was held up to allow for policy review.
(Continued)

Crow: "This is what the administration told the GAO at one point, but the evidence shows the opposite. The evidence shows the administration didn't conduct a review at any time after the president ordered the hold."
(Continued)

Crow: "Laura Cooper was unaware in July, Aug and Sept and similarly, George Kent testified State Dept. never conducted and was never asked to conduct a review of funding. On May 23, anti-corruption review was complete and DoD certified Ukraine complied."

This was proved with a June 13 press release confirming funding, he reminds senators.
Crow emphasized that Mulvaney was head of OMB at the time, acting WH chief of staff: "He knew about legal concerns" that would arise due to delay.

Crow also said Mulvaney "knew and confirmed that the hold wasn't about anticorruption reforms or to pressure our allies to give more to Ukraine."
Anticorruption was never mentioned on the July 25 call, it was never mentioned to State etc.

Crow: "The evidence is clear. The question is whether it's ok for the president to withhold taxpayer money for a personal political benefit. Is it ok for the president to sacrifice our national security to benefit his election?"

House impeachment manager Hakeem Jeffries now speaking from the floor.

"At the heart of article II is a simple, troubling reality," Jeffries says before taking time to repeat this twice to senators: "President Trump tried to cheat. He got caught. And then he worked hard to cover it up."

Pres. Trump was determined to carry out his corrupt scheme, Jeffries says. Like Crow, he underlines that the military aid to Ukraine was only released AFTER the WB complaint, only after reports emerged. He was "caught red-handed," Jeffries adds.

OBSTRUCTION: Jeffries going over events involving National Security Council lawyer John Eisenberg and how concern about the July 25 call steadily ramped up among officials.
Sens watching Vindman testimony where Vindman says he asked Eisenberg if the call was appropriate and...

Then, Tim Morrison testimony where he told the House he too alerted Eisenberg because of concerns over political fall out.
Jeffries underlines this was *second* time Eisenberg was notified.
Eisenberg's testimony remains blocked by President Trump.

Tim Morrison never asked for any call transcripts to be placed on a classified server before.
What was the reason Eisenberg gave him when he questioned the July 25 call placement?
Eisenberg said it was a mistake, an administrative error, Morrison said.
But Jeffries asks why.

Jeffries: Why did Eisenberg place the summary on a server for classified material? Did anyone senior to Eisenberg direct him to hide the call record, why did the call record remain on the classified server even after the so-called error was discovered? Who ordered the cover up?

Following submission of whistleblower complaint, Trump's admin and the DOJ, Jeffries says, were determined to cover up the president's corrupt behavior.
"AG Barr was reportedly made aware over concerns of corrupt activity but there was no investigation into Trump's wrongdoing."

Seeing playback of DNI head Joe Maguire testifying to Congress about whether the whistleblower complaint was subject to exec privilege.

Maguire was required to share it w/Congress. Had that occurred, the corruption would have been exposed. But to prevent that from happening, POTUS lawyers adopted a two-prong cover-up strategy.

Jeffries: First prong: block Congress and American people from learning about WB complaint. Second, try to convince Trump to lift the hold on security assistance before anyone can find out about it and use that evidence against them.

Jeffries on the first prong.
"Sometime after Maguire told WH counsel about the complaint on Aug 26, Cipollone and Eisenberg reportedly briefed POTUS and likely discussed w/Trump whether they were required to give the complaint to Congress."

Jeffries: "They said they had consulted with OLC at DOJ. Maguire testified that he and IG consulted with OLC. Then on Sep 3, after deadline for DNI to provide WB complaint to Congress, OLC issued a secret opinion."

Jeffries: After concluding that contrary to the plain language of the statute, Maguire was not required to turn over the complaint, "the coverup was in full swing."
The OLC claimed the WB complaint didn't bear "urgent" concern and didn't have to be turned over.

In response Jeffries asks: "What could be more urgent than a sitting president trying to cheat in an American election by soliciting foreign interference? What can be more urgent than that? That's a constitutional crime in progress but they concluded it wasn't an urgent matter."

Jeffries:"Trump corrupted the highest office in the land. That is an attack on our character. He tried to cover it all up & obstruct Congress. That is an attack on our character. America is a great nation. We can handle adversity. But what are we going to do about our character?"

Breaking from live-tweeting as I work on updating the report with @JackRodgersCNS.

@JackRodgersCNS In light of Yovanovitch pressure campaign, Schiff asks sens. to put the shoe on the other foot. He beseeches them to put themselves in the hypothetical hot seat: "Do you think for a moment, if it wasn't in [Trump's] interest that he wouldn't ask that you be investigated?"

@JackRodgersCNS Schiff on Trump and what he describes as Trump's persistent threat to national security and U.S. elections:

"He is who he is and he will not change," Schiff said.

@JackRodgersCNS We are on a short recess.

@JackRodgersCNS We resume the Senate trial and Val Demings, impeachment manager, is speaking. We dive right into obstruction.

"POTUS' obstruction of the impeachment inquiry was categorical, indiscriminate and historically unprecedented and its purpose was clear: to impede Congress' ability to carry out its duties under the Constitution," Demings says.

Demings: "POTUS directed the entire executive branch not to cooperate with the House's impeachment inquiry. Trump blocked every person who works in the WH, and every person who works in every dept, agency and office of the Exec. Branch from providing information to the House."

Demings: "This wasn't about specific or narrowly defined security issues nor was it based on potential privileges available to the executive branch. Indeed, Trump has not once asserted executive privilege during this process."

Trump's obstruction was "a declaration of total defiance of the House's authority to investigate credible evidence of the president's misconduct and a wholesale rejection of Congress' ability to hold the president accountable."

What agencies did WH direct to ignore subpoenas?
OMB, OVP, State, Energy and Dept of Defense.
On his direction, they "refused to produce a single document or record in response to 71 specific requests from Congress including 5 subpoenas."

Demings reminds lamwakers there are also 12 former administration officials who continue to refuse to testify as part of the House's impeachment inq.

9 of those witnesses blocked incl. senior officials w/direct firsthand knowledge of the president's actions, Demings notes. They continue to defy subpoenas for testimony because of the president's order.

And yet. And yet.
"Despite Trump's obstruction, as you have heard and seen throughout the house manager's presentation of the facts of the president's scheme, the House gathered overwhelming evidence of his misconduct from courageous public servants willing to follow the law...

(continued...) comply with subpoenas and tell the truth. On the basis of that evidence, the House adopted the resolution to impeach."

Demings gives us a lay of the land today.
First they're going to discuss the facts and evidence pertaining to Trump's obstruction.
Then, after surveying relevant history and constitutional law, mgrs will explore why obstruction warrants impeachment and removal.

Then, mgrs will "demonstrate that he is, without question guilty of obstruction of Congress, and his that his defense lacks any legal foundation and that his actions pose a dire threat to our constitutional authority," Demings says.

Mgr Sylvia Garcia: Trump admin's cover up happened "in plain sight," she says before adding:
"Trump issued an order barring the entire executive branch from participating in the inquiry, no cooperation, no negotiation, nothing. Or as we say in Texas, 'nada.'"

On Friday, impeachment managers say the speed of President Donald Trump’s unprecedented coverup was matched only by that of the White House to obstruct Congress once Trump’s unconstitutional efforts to boost his 2020 election chances drew scrutiny.
courthousenews.com/dems-detail-ob…

Here's a sampling of what we know has been withheld:
Amb. Bolton's notes
Amb. Taylor's first-person cable to Pompeo
Emails between OMB/other agencies about POTUS directive to place hold on Ukr. mil. aid
100s of redacted docs admin turned over to 3rd parties in FOIA court orders.

President Trump's attempts to stonewall Congress would have shocked presidents from the past, Jerry Nadler says from the floor. Nadler recalls Richard Nixon and when he abused the powers of his office to undermine opponents.

Nadler: "Even Nixon understood that he must comply with subpoenas related to his conduct."

Take it from Tricky Dick: "All members of the White House staff will appear voluntarily when requested by the cmte They must testify under oath & they must answer fully all questions."

A moment ago, House impeachment manager Jerry Nadler unequivocally says of the 45th President of the United States Donald J. Trump:

"He is a dictator."

#ImpeachmentTrial
cc: @CourthouseNews

@CourthouseNews Find out what our reporters are hearing from lawmakers in the halls as trial unfolds inside the Senate:
courthousenews.com/heard-in-the-h…
@CourthouseNews

@CourthouseNews “Trump issued an order barring the entire executive branch from participating in the inquiry,” impeachment manager Sylvia Garcia said Friday. “No cooperation. No negotiation. Nothing. Or, as we say in Texas, ‘nada.’”
STORY WILL UPDATE.
courthousenews.com/dems-detail-ob…
@CourthouseNews

@CourthouseNews H.Jeffries from the floor says Trump puts forth "fake arguments about process" because he cannot defend himself from the allegations legitimately. Trump is wrong to believe that his obstruction was justified "because the House did not set up an inquiry" on a formal vote, he adds.

@CourthouseNews Jeffries: It is not a right but a privilege of the president to participate through counsel [in impeachment.]
"An impeachment inquiry is not a trial rather it entails a collection of facts *before* a trial occurs," Jeffries says.

Jeffries reiterates a point that seems to be missed by the White House when the WH critiques impeachment.

"The House acts like the grand jury, or prosecutor investigating the evidence to determine whether charges are warranted or not," Jeffries says.

We are on a dinner break now.

We are back. Impeachment manager Crow is up.

Crow: "The president's obstruction is very much a constitutional crime in progress, harming these very proceedings and the American people who deserve to know the facts." He adds Trump is a pres who believes he can get away w/anything and use office to conceal evidence of abuse.

Crow: Trump invokes bizarre legal theories to defy his congressional obligations. He has sued to block third parties from complying with congressional subpoenas.

Crow on Trump's obstruction: "Most remarkably he claims Congress can't investigate his conduct outside of an impeachment inquiry while simultaneously claiming Congress cannot investigate his conduct inside an impeachment inquiry."

Crow says he suspects Senators want an explanation as to why he is standing here.
He begins by saying there's been a lot of conversation in the last few years about what makes America great and he "has a few ideas about that."

Crow: "I happen to think that what makes America great is that generation after generation, there have been Americans willing to stand up and put aside their self-interests to make great sacrifices for the public good, for our country."

Crow continues: "I know because I have seen people do that. I have seen people give everything for this country so we could sit here today."

Crow: "This isn't politically expedient. It certainly isn't for me. It is hard and requires sacrifice. It is uncomfortable. But that is the very definition of public service. That we are here to give of ourselves for the country. For others."

Leading impeachment manager Adam Schiff starts off remarks saying we are at the last presentation now.
He begins with wise words he heard recently:
"To be immortal you don't have to be eternal. And I will try my best not to be eternal," Schiff says.

Schiff, states earnestly, with deep bags under his eyes: "The first point I would like to make is: I'm tired. I'm exhausted. I can only imagine how you feel but I'm also very deeply grateful for how you have attended to these presentations and discussions."

Schiff: It has been proved that Trump engaged in a scheme for corrupt conduct. It has been proved he benefited from Russia's interference... It has been proved that he has undermined the US democratic process. He ignored & injured the interests of the nation. That has been proved

Schiff: Faced with public revelations of his actions, Trump ultimately released military assistance to Ukraine but has persisted in openly and corruptly urging and soliciting Ukr. to undertake investigations for his personal, political benefit. That has been proved.

Schiff: Trump's actions with Ukraine "were consistent with [his] previous invitations of foreign interference in U.S. elections. That has been proved.

Schiff: Pres. Trump has demonstrated he will remain a threat to the Constitution if allowed to remain in office and acts in a manner grossly incompatible with governance and rule of law...
Whether he will be allowed to continue this, Schiff address the Senate, "is up to you."

Schiff continues: Trump's "unprecedented, categorical and indiscriminate defiance of subpoenas pursuant to the House's sole power of impeachment," has been proved.

Schiff: Trump has abused powers of the presidency in a manner offensive to and subversive of the Constitution in that the House has acted in an impchmt inquiry engaged in his corrupt solicitation of Ukr. to interfere in 2020 election.
That has been proved.

Trump's directing of OMB, DOE, State, DOD not to comply with Congressional subpoenas, his directing Mulvaney, Ellis, Brechbuhl et al to defy subpoenas - that too has been proved.

Schiff: "In the history of the republic, no president has ever ordered the complete defiance of an impeachment inquiry or sought to obstruct or impede so comprehensively the ability of the House of Reps. to investigate high crimes and misdemeanors."

Schiff: The abuse of office served to cover up the president's own repeated conduct to seize and control the power of impeachment and to nullify a safeguard vested with the House - that has been proved.

In all of this, Trump has acted in a manner that defies the trust he must uphold for this office, Schiff adds.

Schiff: "The facts pertaining to defiance of Congress are very simple because they were uniform, categorical and uncontested."

Schiff: "If there is no article II, there will never be an article I. If there's no article II, there will never of any kind, shape or form; there will never be an article I and why is that?"

Schiff: "Because if you and we elect the power to investigate a president, there will never be an article I, whether that article is abuse of power, treason or bribery. There will never be an article I if the Congress can't investigate an impeachable offense."

Lead House Impeachment Manager Adam Schiff: "If the Congress cannot-- because the president prevents it -- investigate the president's own wrongdoing, there will never be an article I. Because there will be no more impeachment power. It will be gone."
cc: @CourthouseNews

@CourthouseNews Trump's team will have a chance to make their presentation and since mgrs will not respond to what they say, Schiff says he wants to give a preview now so the senate/public can have a bit of perspective.
It is "no mystery" that they will attack the process.

@CourthouseNews But cut away the chaff, he says.
They will say it was the most unfair impeachment process in the world.

Schiff explaining what Trump's defense team will say: "How dare they take depositions. How dare they take depositions in secret, whether it was on the ground floor or on the bsmt." Schiff says Trump's team will claim Rs were not able to participate. But that is false.

Schiff: There were 100 lawmakers, including Rs who heard those depositions. Rs got an hour. Ds got an hour. Each side got 45 mins. You'll hear how I was unfair and didn/t allow them to ask questions.

Schiff says yes, there were certain qs he didn't allow, like "who was the whistleblower?"
He wouldn't permit that Q because "some of us in this House" believe we ought to protect whistleblowers. When Rs say they weren't allowed to ask certain qs that's what it means.

"We don't think, though the president might, that [whistleblowers] are traitors and spies," Adam Schiff says.
"You only believe this if you believe you are the state and anything that contradicts you is treason..."
He adds: "Like any good monarch, he believes he is the state."

Schiff predicts Trump's def. team will lean heavily on insulting and attacking him. He foresees them bringing up time Schiff mocked Trump's July 25 call w/Zelensky. "How dare he mock the president!"

Schiff to senators who will weigh Trump's defense tomorrow: "When they make these attacks [on Schiff, Speaker, the Squad, anyone] ask yourself: away from what do they want to distract your attention?

It will be the president's behavior."

The attacks Schiff foresees coming in opening arguments "are all of the same ilk," Schiff says.
"Whatever you do," he says of Trump's defense, Trump's team is essentially saying: "Just don't consider the president's misconduct."

Schiff says Trump's team will likely pin blame for this entire process on the whistleblower.
He encourages Senators to read the whistleblower complaint again.
"It is astonishingly accurate."