As it is done in the Senate, we start with a prayer from the senate chaplain. Sen. Patrick Leahy is presiding and begins with the pledge of allegiance.
We're off.
.@SenSchumer begins with procedurals, tonight we can expect two 10 minute breaks, and a 45 minute dinner break around 6pm ET. Recall: Impeachment managers have 16 hours for arguments, it is not expected they will use all of them over the next two days.
.@RepRaskin starts by saying that this trial is not about a competition between lawyers. He also recalls words from his late father, who said, "Democracy needs a ground to stand upon and that ground is the truth." @CourthouseNews
Raskin: America needs the truth about ex-president Trump's role in inciting the insurrection on Jan. 6 because it threatened our government and it easily could have destroyed the peaceful transition of power in the U.S. for 200+ years.
"We are having a trial on the facts. The House says Trump incited a violent insurrection against Congress, the Constitution, and the people. His lawyers say his conduct was appropriate, he was an innocent victim of circumstance," Raskin begins.
The evidence will show that ex-pres. Trump was no innocent bystander. The evidence will show that he clearly incited the Jan. 6 insurrection and it will show that Donald Trump surrendered his role as commander of chief & became the incitor in chief of a dangerous insurrection.
Raskin: "The evidence will show you he saw it coming and was not remotely surprised by the violence and when the violence inexorably came as predicted and overran this body and the House of Reps with chaos...
"We will show you he completely abdicated his duty as commander in chief to stop the violence and protect the government and protect our people..." Raskin says.
"There was method in the madness that day," he remarks.
This case is not about blaming an innocent bystander, Raskin says, this is about holding accountable the person singularly responsible for inciting the account.
Let's start with Dec. 12.
He cites this tweet just before the Million MAGA March.
Raskin laying out the case against Trump shows a tweet from the former president from December.
There were countless social media posts, credible reports from the FBI, the Capitol Police, that the thousands gathering for the march he promoted were going to be armed or violent.
"He told them to fight like hell and they brought us hell that day," Rep. Raskin says, citing Trump's "Save America" rally on Jan. 6.
When his mob overran and occupied the Senate, attacked LEOs - "He watched it on TV like a reality show. He did nothing to help us," Raskin says.
Raskin laying out the timeline. Now playing Trump Jan. 6 recorded video where he said the election was "stolen from us" etc.
Raskin: "He's still promoting 'The Big Lie' that was responsible for inciting the mob...Trump was not consoling the nation in that video; he was telling the mob their election had been stolen from them."
Here's how Trump felt before he went to bed that night, Raskin says. This is the message he sent after the chaos and bloodshed.
"This was all perfectly natural and foreseeable to Donald Trump."
Raskin: At the beginning of the day he told you it was coming. At the end of the day, he says, 'I told you this was coming, and then he adds, 'Remember this day forever... not as a day of trauma as we all remember it but a day of commemoration...
.@RepRaskin "If we let it be, it will be a rallying cry for the next rounds of insurrectionary justice. Because all of this was 'totally appropriate.'... The stakes of this trial could not be more serious." @CourthouseNews
Raskin also offers a warning to those watching because there will be graphic footage shown, including attacks on law enforcement. There will be warnings issued in advance from impeachment managers when showing these type of clips.
Raskin discussing 1A: incitement to violence is not protected by the First Amendment.
"This case is much worse than someone who falsely shouts fire in a crowded theater. It's more like a case where the town fire chief who is paid to put out fires, sends a mob...
Raskin: "...not to yell out 'fire' in a crowded theater, but to actually set the fire. Then when the alarms go off, he does nothing but sit back and encourage the mob to encourage its rampage and watch the fire spread on TV with glee and delight."
Raskin: "We say this chief should never hold his job again and he objects. And he says we're violating his free speech rights because he's pro mob or pro fire or whatever it may be.
"Come on, you really don't need to go to law school," Raskin says, to see through this.
Raskin: "Undoubtedly, a person can run around on the street advocating support for the overthrow of the U.S. govt, but if the president spends all of his days doing that and expressing support for enemies of the US...
"- Is there anyone here who doubts this would be a violation of his oath of office and that he or she could be impeached for doing that? You're POTUS. You've chosen a side with your oath & if you break it, we can impeach, convict remove & disqualify you from holding any office"
@RepRaskin quotes Justice Scalia who said: "You can't ride with the cops and root for the robbers."
And if you become incitor in chief to the insurrection, you can't expect to be on the payroll as commander in chief for the union. @CourthouseNews
In his close before passing over to impeachment manager @RepJoeNeguse, Raskin highlights the attack on Black police that day, the indignity and racism they faced, the inhumanity of hearing racial slurs hurled repeatedly. Presented:
The provocation, the attack, the harm.
These are the three ways impeachment mgr Neguse says senators should consider how they think about this incitement.
On the provocation, Neguse reminds of Trump's supporters there that day: "They truly believed they were doing this for him. They even predicted that he would protect them."
"The election was stolen" "stop the steal" and "fight like hell" Neguse says, remember these words because they did not just appear on January 6.
"You will see Trump realized last spring he could lose the election. What did he do? He started planting the seeds"
Neguse plays a clip from October 2020 when Trump told a crowd in PA the election had been stolen. Then another clip from December. And another still.
He went through the courts, then when he lost there, he pressured officials, then had the Justice Dept. investigate his claims. Even they found no support. So he tried to persuade some members of his party in Congress to block certification of the vote w/attacks in public forums.
Neguse: When that failed, he tried to intimidate Pence to refuse to certify the vote and send it back to the states. None of it worked. So what does he do? With his back against the wall? When all else has failed? He turns back to his supporters.
Supporters, Neguse continues, "who he already spent months telling them the election was stolen and he amplified it further and turned it up a notch."
For weeks, he kept up the mantra to "fight like hell," Neguse notes, showing clips of Trump repeatedly saying that and that the election was stolen from him.
And when he finally held his rally on Jan. 6, he scheduled it for the same time as the count of EC votes.
Neguse plays the clip from the rally on Jan. 6 - where Trump said you don't concede when something has been stolen from you.
We will not let them silence your voices, Trump says to cries of "Fight for Trump" as he nods, saying thank you.
Trump on Jan. 6: "You have to get your people to fight. you'll never take back our country with weakness. you have to show strength..."
He incited it. It was foreseeable. And you don't have to take my word for it, Neguse says.
John Kelly, Trump's former chief of staff: "The president knows who he is talking to and he knows what he wants them to do" he said one day after the insurrection.
Neguse on Trump: He knew when he took that podium that morning, his words would be heeded and his call to action heard.
Neguse plays clips of those interviewed after going to D.C. for the attack. He says impeachment mgrs will show how Trump refused to help end attack. How he betrayed Mike Pence, and when finally, 3.5 hrs later, he told rioters "go home" he added "You're very special. We love you"
Live-tweet break as I work on updating the report for @CourthouseNews. Will return soon.
Neguse poring over evidence impeachment mgrs say prove how Trump incited his followers, citing records like this one:
I'm back.
Delegate for the U.S. Virgin Islands Stacey Plaskett is delivering remarks. As an impeachment manager, she says, once Trump ran out of non-violent means to upend the results of the 2020 election, he turned to other methods.
For those that say Trump could not have foreseen the violence, she says, unequivocally, "That is false."
The violence that occurred on Jan. 6, like the attack itself, did not just appear, Plaskett says.
Plaskett continues: Trump knew the people he was inciting, saw the violence that they were capable of and he had a pattern and practice of praising and encouraging that violence, never ever condemning it. @CourthouseNews
Law enforcement knew of the impending threat on Jan. 6 from the weeks of public planning. It wasn't a secret. It was an event Trump openly invited them to. He had "every reason to know they were armed, they were violent and they would actually fight," Plaskett says.
Trump knew who he was calling and the violence they were capable of and he still gave those marching orders to go to the capitol and 'fight like hell' and 'stop the steal'."
The violence was what he deliberately encouraged, Plaskett adds.
When Trump had his first chance to tell supporters to stop, he did not. He praised them. He fanned the flame of violence and it worked, Plaskett says.
Plaskett: These groups whose violence Trump praised, helped lead the attack on Jan. 6 & that's how we know clearly, Pres. Trump deliberately incited this & how we know he saw this coming.
She notes ⬇️and how later, at the pres. debate he told Proud Boys to stand back and stand by
Plaskett asks senators to remember who Trump asked to stand back and stand by and who obstructed law enforcement during the attack:
Plaskett plays clip of the Biden-Harris campaign bus that was swarmed by Trump supporters in cars and trucks who attempted to run them off the road. As they closed in on the bus, a pick up truck adorned with flags, swerved and crashed into a car driven by a Biden-Harris volunteer
Trump saw his own supporters trying to run his opponent's campaign bus off the road. And the very next day, he tweeted a video with a song overlaid from Tech N9ne:
Leader of that caravan attack also raised funds to get people to the Capitol on Jan. 6:
Plaskett laying out more evidence of Trump's pattern and practice of incitement.
On 12/12/20, the 2nd "Million MAGA March" was held and Trump responded:
Plaskett arguing the mindset among Trump campaign was a war mentality:
This is what the cavalry was capable of, Plaskett says, noting the spate of violence the night of Dec. 12 from Proud Boys and the like.
DEVELOPING: In opening arguments, impeachment managers lay out their case against Trump in the fashion of a criminal prosecution, introducing evidence they say shows he despoiled the integrity of the democratic system and incited the insurrection.
STORY: courthousenews.com/impeachment-ma…
Just like a fire, @RepSwalwell said, the Capitol’s storming had not started in a frenzy of flame that day. For months Trump assembled the tinder and kindling to fuel his supporters’ belief that the only way victory would be lost would be if it was stolen. courthousenews.com/impeachment-ma…
"Mike Pence will have to come through for us."
Trump told the crowd what he meant, impeachment mgr Madeline Dean says.
"He commanded them to confront us at the U.S. Capitol. He told them he would walk there with him. Which of course was not true."
The implication of Trump's words were clear. There were 10k of them.
We hear a clip of supporters hearing Trump calling on them to march down to the capitol to "fight" to "take the capitol"
These are not only words of aggression, they are words of insurrection, Dean says.
Dean: "The commander of chief pointed to congress and tells those assembled, I'm going to be watching. History is going to be made. This was clearly not just some rally, march or protest. This was about Trump trying to steal the election for himself."
Building on his 'Big Lie' of a rigged and stolen election that led to the insurrection on 1/6, Dean plays a clip of Trump saying: "When you catch somebody in a fraud, you're allowed to go by very different rules." @CourthouseNews
He lit the fuse and sent an angry mob to fight the perceived enemy - his own vice president and the members of congress as we certified an election, impeachment manager Madeline Dean says before playing more of Trump's speech prior to the attack.
"Despite all that has happened, the best is yet to come. So we're going to, we're going to walk down Pennsylvania Avenue... We're going to try and give our Republicans, the weak ones...we're going to try and give them the boldness they need to take back our country." - Trump 1/6
This clip of Trump's speech is followed by a clip of rioters yelling "Fight for Trump" in the aftermath.
Impeachment manager Madeline Dean appears to be getting choked up as she recounts the timeline of rioters breaching the barricades of the Capitol as she and others were inside.
The truth is, this attack never would have happened but for Donald Trump, she says, her voice cracking
Dean recounts "As I heard that terrible banging on the House chamber doors, for the first time in 200 years, the seat of our government was ransacked on our watch."
Rep. Raskin calls for a recess. Agreed upon until 4PM ET. @CourthouseNews
Regret misspelling Rep. Dean's first name.
It is Madeleine, not Madeline.
Long day, fast fingers. Thanks for your understanding all and no offense meant to the lawmaker.
Del. Plaskett plays a video clip that has not been seen before from inside the Capitol. It is security footage so there is no sound to accompany it. You see the mob approach and beat windows and doors. c-span.org/video/?508741-…
From inside of the Capitol, security footage shows people pouring in and one of the first in was a man wearing full body armor.
A single police officer approached in an earlier frame when rioters first breached, and the cop was quickly overwhelmed.
Plaskett says these images remind her of 9/11; the attack, the sacrifice of those who tried to protect others.
We see the clip where Sen. Grassley is immediately whisked out of the chamber. While this was happening Officer Eugene Goodman was leading rioters away.
In sec. footage today, you can see him run to respond and Goodman runs into @MittRomney. He directs him to turn around,running
We see footage now of people streaming through the capitol, screaming, breaking windows and doors, hoisting flags, Trump banners, wearing red MAGA caps, chanting "You work for us" descending on Eugene Goodman.
The second assailant in the breach was carrying a metal baseball bat. The shouts of "We're here for you" and "Where do you count the votes" They were coming to keep Congress, a sep. branch of gov't from certifying the election.
Pence was but a 100 ft away.
Second floor of the Senate wing in Capitol security footage shows Goodman luring rioters away from the Senate floor; he's already turned the corner here.
They were looking for Pence because he refused to do what Trump demanded, Del. Plaskett says - overturn the results.
A rioter on clip: "Pence lied to us he's a total treasonous pig and his name will be mud forever. Now the real battle begins and it looks like the American people are really pissed. So good luck with that, peace out."
Plaskett, eyebrows raised, repeats him,"Peace out."
They were talking about assassinating the vice president, Plaskett says, citing this affidavit:
I'll only live-tweet a bit more this evening but do stay tuned for updates from @JackRodgersCNS.
.@RepSwalwell, son of a police officer is now presenting evidence from the attack, including security footage from inside when they breached. One of the first through was a man carrying a large blue Trump flag.
(I circled it to emphasize)
.@RepSwalwell sent a text to his wife as the mob approached. "I love you and the babies," he recounts from the senate floor.
Red dots show where mob is, below.
This is what was bearing down on Swalwell and others. The sounds of people clamoring "We want Trump" @CourthouseNews
"They don't listen without that shit," a red capped rioter says while breaching the Capitol.
An aside: big fat snowflakes are falling here.
Before we a clip of Ashli Babbitt shot by a Cap police officer, Swalwell plays footage of Rep. Jim McGovern just within the rioters' eye line. The police were protecting elected officials, he notes. After video of Babbitt's death, he paused silently for a moment before continuing
Before we *see a clip... regret typo.
Swalwell notes quick-thinking staff grabbed the electoral ballots as they left the Senate floor and fled from the mob. Below is a security footage clip showing lawmakers being moved through the hallway to safety. They were 58 steps away from where mob amassed. @CourthouseNews
We see lawmakers, staff fleeing on security footage, with police helping them move to safety, not very far from rioters.
Swalwell notes the officers that used their bodies to close off the doors as rioters approached and lawmakers were escorted out. [End of hall]
We see Larry Randall Brock with zip cuffs.
Swalwell: "If the doors had been breached minutes earlier, imagine what they would have done with those cuffs." @CourthouseNews
140 officers injured, 3 officers dead after the attack.
We all know that day could have been worse, the only reason it was not was because of the extraordinary bravery of the Capitol police and others, Swalwell notes. For hours, they were in hand to hand combat, he reminds.
We hear law enforcement calling in for reinforcements, their voices strained as they say rioters are using munitions against them.
We see body camera footage from 4:27 p.m. from a police officer who was beaten viciously outside of the Capitol.
Officer Daniel Hodges was wedged and crushed in a doorway by rioters and beaten by insurrectionists.
More on Hodges: businessinsider.com/dc-officer-say…
Rep. Swalwell plays the video of Officer Hodges being squeezed in the doorway as Trump supporters and other yell "heave ho" and pin him further in place. Hodges screams "help" and yells in pain repeatedly. Swalwell ends his presentation without another word.
That does it for me tonight, everyone. Thanks for joining me.
Lawmakers are on a dinner break now. They are expected to reconvene later.
Another 8 hours is allotted for impeachment mgrs tomorrow.
Our story will update for @CourthouseNews: courthousenews.com/impeachment-ma…
I'll be back tomorrow at noon for more live-tweeting on the second day of arguments from House impeachment managers.
TODAY: Just before 1PM, proceedings for the second impeachment trial of Donald Trump begin with senators holding a 4 hour debate on whether it is constitutional to impeach a former president. Then, a vote on that question to follow. @CourthouseNews
Now, if a vote is reached that says this trial is unconstitutional, it could end the trial right here. But a similar procedural vote was triggered by Sen. Paul (R-KY) last month on constitutionality and it failed, 55-45.
Signs point toward holding the trial. If so, after today, the schedule is: 16 hours spanning 2 days to present arguments for house impchmt mgrs and then 2 days for Trump's defense team to present.
Lawmakers then have 4 hrs alloted for q's in writing, for either side.
Susan Rice, Biden's domestic policy adviser: "Private prisons profiteer off prisoners and are found to be less safe for correctional officers and for prisoners."
Rice: "President Biden is committed to reducing mass incarceration while making our communities safer and that starts with ending the federal government’s reliance on private prisons."
What will the Biden admin do to address distrust around law enforcement and policing among Black Americans?
Rice says in coming weeks the administration will have more announcements about reforms to policing, so "stay tuned for that," she says.
TODAY: Biden will sign 4 EOs taking first steps towards rooting out systemic racism in housing and criminal justice including ending DOJ's use of private prisons.
More to come @CourthouseNews
Biden also directing HUD to take steps redressing discriminatory fed housing policies. Another order recommits fed govt to "respect Tribal sovereignty & strengthen the Nation-to-Nation relationship between the United States & Tribal Nations."
And in the last order, the Biden-Harris White House sets out to "combat xenophobia against Asian Americans and Pacific Islanders," which has been on the uptick in the last year thanks to disinformation shared and derogatory remarks made about the novel coronavirus and its origins
Good morning. Donald Trump's 2nd impeachment trial is shaping up. Senators are sworn in for trial today & a summons is expected to be sent to the former prez, too. Then it is legal briefs btwn Trump's lawyers & impchmnt mgrs for ~2 weeks.
Trial start date Feb 9.
Shortly after 12PM ET tomorrow, President-elect Joe Biden and Vice President-elect Kamala Harris will be sworn in, marking the official beginning of the Biden-Harris administration. But before that - multiple confirmations for Biden's admin are afoot today. @CourthouseNews
Confirmation hearings on deck today include Janet Yellen for Secy of Treasury, Avril Haines for director of nat'l intelligence over at ODNI, Alejandro Mayorkas for DHS Secy, Anthony Blinken for Secy of State and Lloyd Austin for Secy of Defense. @CourthouseNews
I will pop around from confirmation hearing to confirmation hearing today and post updates where I can in this thread.
No sign of unrest in Washington tonight as the city remains locked down ahead of President-elect Joe Biden's inauguration. Via several reporters here at @CourthouseNews. Some photos inside and in this thread🔽 courthousenews.com/capitol-protes…
.@JackRodgersCNS & I walked all over D.C. today looking for protests. Instead, we found a city fortified and largely locked down after the insurrection and ahead of @JoeBiden's inauguration.
That's the White House hiding all the way back there behind all the barricades.
While we didn't see any of Trump's supporters downtown today, we did find Black Lives Matter Plaza, joyous and defiant, with music playing and signs protesting the outgoing twice impeached president with some colorful language.
cc: @JackRodgersCNS @CourthouseNews