Thread by @BBuchman_CNS

The fifth day of former President Donald Trump's impeachment trial is now underway.
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I'll post updates here and will have a story with @JackRodgersCNS for @CourthouseNews later this afternoon.

The Senate has provided 2 hours for arguments on the question of whether there should be debate, under impeachment rules, to subpoena witnesses or documents.

#BREAKING @RepRaskin calls to depose GOP Rep. Herrera Beutler who issued a statement saying that Trump's response to call for help from GOP leader Kevin McCarthy on 1/6 was: "Well, Kevin, I guess these people are more upset about the election than you are."
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Raskin: "Needless to say, this is an additional piece of corroborating evidence further confirming the charges before you as well as the president's willful dereliction of duty as commander in chief, his state of mind, his further incitement of insurrection."
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Raskin: "For that reason and because this is the proper time to do so, we would like to subpoena Herrera-Beutler regarding her communications with McCarthy and subpoena the contemporaneous notes she made regarding what Trump told McCarthy in the middle of the insurrection."

Trump defense atty Michael van der Veen says if there's going to be witnesses, there'd need to be 100s of depositions not just one. Then he says "do not handcuff me!" in objection to calling of witnesses. Raskin notes this is literally the time trial in which witnesses are called

van der Veen says "this entire proceeding is based on rumor" and intimates is based on bad reporting.

Note: The entire world watched Trump deliver his speech on Jan. 6 in real time.

van der Veen says "let me take my own advice and cool the temperature in the room a little bit" as he gets worked up, claiming that the House managers case is not relevant because it does not focus on the actual matter of incitement

van der Veen argues: "Incitement is a point in time in which the words are spoken and the words implicitly, explicitly say, commit acts of violence or lawlessness and we don't have that here."

Now he's frustrated depositions would be done over Zoom. And he says depositions "would have to be done in his office in Philadelphia "and the room bursts into peals and peals of laughter.
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Leahy calls for order and van der Veen shows he has taken obvious offense, saying he's never laughed at anyone here.
His hackles are raised again now.

van der Veen then says this may be the time to do it, to call witnesses, but says he's "not into the backroom politics"

(Note: Senator Cruz, Lee, Graham all met with Trump defense atty as trial was ongoing)

Senators now voting on whether to call witnesses in Trump's second impeachment trial for incitement of insurrection, namely deposition from GOP lawmaker Jaime Herrera Beutler.

#BREAKING: The Senate votes in favor of the motion to obtain witness testimony in former President Donald Trump's impeachment trial for incitement of insurrection, 55-45.
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Republicans Senators Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Lindsey Graham of South Carolina sided with Democrats to subpoena witnesses. Toomey and Cassidy voted against.
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cc: @JackRodgersCNS

Once we reach a quorum (enough senators present to vote), the next steps will likely be a vote by simple majority to get specific witness testimony, (see Herrera-Beutler). If that's passed, Raskin said they'll need at least an hour to depose her, so a recess could be ahead.

There's also the procedural hurdles that will need to be cleared after deposition, i.e. how is that evidence treated/admitted/reviewed etc so the trial could begin to stretch

Speaking of:

https://twitter.com/igorbobic/status/1360625812563763202?s=09

Subtle

https://twitter.com/bresreports/status/1360628329070669826?s=20

We should be back shortly.

https://twitter.com/DanielPFlatley/status/1360642823234740225?s=20

DEVELOPING: The bar to convict former President Donald Trump of incitement of insurrection is high but on Saturday, House impeachment managers agreed to try hurdling it by calling for witness testimony.

My story w/@JackRodgersCNS
courthousenews.com/senate-votes-t…
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Raskin delivers closing arguments as no further witnesses are called and Herrera-Beutler's statements were read into the record.

We've offered you overwhelming and irrefuted evidence that Preisdent Trump incited this insurrection against us, Raskin says before quoting Liz Cheney:

.@RepRaskin: Every detail has made the mgrs case stronger. I have no doubt you've noticed, despite the various propaganda reels, Trump's lawyers have said nothing to overcome evidence of Trump's conduct much less have they brought their client fwd to tell his side of the story.

Raskin quotes Thomas Paine: "The mind once enlightened cannot again become dark" as he continues with closing arguments.

Raskin rattles down the list of what has been shown: "Evidence from federal, trial, state, appellate courts to the Supreme Court...Eight federal judges he himself named to the bench all found no basis in fact or law for his outlandish and deranged concoctions about the election."

Raskin: Even if you're flirting w/the idea that Trump was the victim of a mass accident or maybe Dems are looking for someone to blame for this nightmare and catastrophe.
Here's the key question; how did Donald Trump react when he learned of the violent storming of the Capitol?

When he took the stage on Jan. 6 he knew exactly how combustible the situation was and he knew there were many people in the crowd who would engage... and fight like hell to stop the steal, that's what he told them, and then he told them to march to where the steal was occurring

Raskin: We all know what happened next. They attacked this building, they disrupted the peaceful transfer of power, they injured and killed people convinced they were helping people with his instruction... If that's not a high crime and misdemeanor then nothing is.

Manager Cicilline shows footage of Pence at 2:14PM on 1/6 ushered quickly off the floor.
This was aired on live TV. And defense suggests it was impossible that Trump didn't know Pence was in danger.
The chants of "Hang Mike Pence" were heard on TV, broadcast everywhere

Cicilline: Is it really believable that Trump didn't glance at his television or look at his Twitter account?
It is just not credible that Trump didn't know Pence was in danger, Cicilline argues.

The president was essentially saying ⬇️ to McCarthy you got what you deserved, Cicilline says in his closing arguments after an agreement was struck on both sides to forgo witnesses in favor of entering Herrera-Beutler's statement into the record.

Impeachment mgr Madeleine Dean says that senators are in a "dialogue with history" and that what they do in this room will be remembered.
"History has found us. I ask that you not look the other way," Dean says in her closing arguments asking senate jurors to convict Trump.

After calling for witness testimony in a 55-45 vote, Senate Democrats demurred and instead moved to present closing arguments in the second impeachment trial of former President Donald Trump.
Developing.
w/@JackRodgersCNS
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Neguse says the consequences of not putting country above party are too great. This is one of those moments, he says.
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Neguse says "this trial is not born of hatred but born of love of our country our desire to maintain it. Our desire to see America at its best. And in those moments of the Civil Rights Act, we remember those moments because they helped define and enshrine America at its best."

Of anything short of convicting Trump for incitement of insurrection, for the behavior and conduct that the world saw play out under his watch: "This cannot be the beginning. It cannot be the new normal. It has to be the end."

Raskin reflects on his children, saying all three of them are better than him. He says, you know I am not engaged in idle flattery. Hannah saw through the legality of the situation and the politics and saw to the humanity of the situation, the morality of the situation.

The children of the insurrectionists, even the violent and dangerous ones are our children too, he says. They are Americans and we must take care of them and their future.

As Tommy Raskin used to say, it's hard to be human, he says of his son.

"This trial is not about Donald Trump, the country knows who Donald Trump is... This trial is about who we are. Who we are." - @RepRaskin
The truth is like a second chance. We've got a chance here with the truth, he adds.

We still believe in the separation of powers. Trump tried to roll over the gov't, usurp the people's choice for president.
This case is about whether this country demands a peaceful nonviolent peaceful transfer of power to guarantee the sovereignty of the people, Raskin says.

What protesters did to Hodges by squeezing him in that door was torture, Raskin notes.
Earlier at trial when the officer who got called the n-word 15x was discussed, the officer who spent hours battling insurrectionists who had metal poles, hockey sticks, bear spray...

and Confederate battle flags, the right question was posed, Raskin said, Is this America?
To you senators, he says, it will be up to you now.

Raskin in sum: Whatever you came to Washington to do, to work on, from aerospace to healthcare... this is almost certainly how you will be remembered by history. "That might not be fair but none of us can escape the demands of history and destiny right now."

"Our reputations and our legacy will be inextricably intertwined with what we do here and how you exercise your oath to do impartial justice," Raskin said in close.

I will have an updated story for you here shortly with @JackRodgersCNS.

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Senators are voting now and I will post a final tally shortly from the Senate on whether they have agreed to convict former President Donald Trump of incitement of insurrection.
Sens. Cassidy and Collins voted Trump guilty.
cc: @JackRodgersCNS
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Sen. Graham votes that Trump is not guilty of inciting insurrection. He is joined by Sen. Hawley.
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Senator Mitch McConnell votes that Trump is not guilty of inciting insurrection.
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Senator Mitt Romney votes that Trump is guilty of inciting insurrection.
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Senator Pat Toomey, R-PA, votes that Trump is guilty of inciting insurrection.
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#BREAKING: 10 votes shy of conviction, the Senate has voted to acquit former President Donald Trump of incitement of insurrection, 57-43.
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Story coming with @JackRodgersCNS.

Two impeachments. Two Senate acquittals for Trump.
DEVELOPING.
My story with @JackRodgersCNS
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Meanwhile, Republican Senator Mitch McConnell appears to be making the case that House impeachment managers made and calls what happened on Jan. 6 "practically and morally responsible." But he also just voted to acquit Trump.

McConnell says by the strict criminal standard, the president's speech was probably not incitement but in the context of impeachment, the Congress might have decided it was right to convict. But McConnell hinges this on fact that Trump is a former official.

All right folks, that does it for me. Until next week.
Thanks for following, thanks for reading. Stay safe out there.

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