Thread by @jentaub

♥️Day 5 of the Donald Trump Impeachment Trial 2.0. February 13, 2021. Wonderful! They are going to debate whether to subpoena witnesses and documents

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Raskin says the House Managers have proven their case, but because last night a house member Congresswoman Herrera said that Kevin McCarthy communicated with Trump in middle of insurrection. He wants to depose her and ask for notes.

And, other witnesses could come forward.

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Van der veen said there was plan for witnesses. He is complaining that the House "did not put the work in that was necessary to impeach the former president, but, if they want to have witnesses, I'm going to need at least 100 depositions, not just one."

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Bring, it buddy. Be careful what you wish for.

"Do not hand cuff me by limiting the number of witnesses I can have. I need to do the 9/11 style investigation that Nancy Pelosi called for."

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Raskin said "there's nothing remotely unusual about this." This was the time in the trial to discuss witnesses.

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Van der veen says the entire proceeding was based on rumor and innuendo.

He is now being vicious and just inviting witnesses. He is completely mischaracterizing what happened re withdrawing the stuff about Mike Lee. It was merely procedural to keep things moving.

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He said "incitement is a point in time and the words are spoken."

Yes, but how you elucidate the meaning of words is what transpired before, during and after.

This concept of "parol evidence" is part of contract interpretation.

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Whole chamber laughed the way he pronounced "Philly-delphia." He demanded that the depositions be done live in his office in Philly-delphia.

Leahy reminded that "we will have order."

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Dude is all bluster. He's behavior is angry, and shouty. Speaking to an audience of one. Hoping Trump will pay him.

A clown. An angry sad clown.

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He said "I'm not do adept at it neither" of so-called "backroom politics."

"Now is the time to end this. Now is the time to hear the closing arguments."

Sorry buddy. You lost that.

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"We were involved in no conversations about the stipulation [to have no witnesses] and I have no further comment," said @RepRaskin.

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Leahy reminded everyone (really Van der veen) what Roberts had said at first impeachment to use language that is civil.

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Now they are voting on whether to subpoena witnesses and documents.

I am so very happy. Hope they have the majority. I will listen for Republican votes.

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Murkowski was a yes! We've got this.

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Romney was a yes. (There could have been others besides him and Murkowski, I did not hear clearly).

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Collins was also a yes.

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Wow. Graham just changed his vote to yes.

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The Rep. was @HerreraBeutler. Apologies for not providing her complete name earlier.

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♥️🇺🇸Yes, the motion to debate subpoenas of witnesses and documents has passed on a vote of 55 - 45.

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and so we wait

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Excellent question from @lisamurkowski

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https://twitter.com/andrewsolender/status/1360602677139419140

Oh

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https://twitter.com/scout_finch/status/1360613203135315976

in fairness, this is a train wreck for him

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https://twitter.com/BrendanNyhan/status/1360634280175669250

Could be

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https://twitter.com/nancyleong/status/1360636958670688256

This is sad and scary but true

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https://twitter.com/asharangappa_/status/1360637373533544450

Discussions are underway to admit a written sworn statement of Republican congresswoman @HerreraBeutler into the record perhaps in lieu of a deposition

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https://twitter.com/mikedebonis/status/1360640412889800705

We are still on recess. The plan was to return at 12:30. We now see senators coming back into the chamber

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Of course, having her appear as a live witness would have more impact on the public and put more pressure on senators.

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Apparently according to Claire McCaskill, it’s a tossup now as to whether we are about to have a two-week trial or just a written affidavit in the record and it will wrap up today.

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Ugh. Trump’s lawyers and the House managers have reached an agreement to allow the admission of the congresswoman’s written statement into the record. Rep Raskin just read it into the record. See the attached tweet for reference. We will not see her live testimony

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https://twitter.com/herrerabeutler/status/1360419828721401856

We are now moving to closing arguments.

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Raskin is now making clear that the activity of Trump even during the insurrection and after are relevant to the impeachment charge.

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It goes to incitement to insurrection. It shows Trump’s state of mind. In the middle of a violent assault on the Capitol that he incited, he said to House Minority Leader, Kevin McCarthy that it looks like the mob cares more about the election outcome than you do

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Trump’s conduct during the course of the commission of the crime that he incited is absolutely relevant explains @RepRaskin

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After covering that point, Raskin thanks the senators for their attention during the trial and launches into the closing statement. He begins up by coding Liz Cheney again

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Presidents lawyers have said almost nothing to overcome the evidence and have failed to tell his side of the story.

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He said if Trump was actually falsely accused of insurrection why did he not appear. Raskin said if he was falsely accused, he would defend himself.

He called Cheney a hero for standing up to the truth and to the bullying

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Here is some of the thinking behind not calling witnesses.

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https://twitter.com/danielsgoldman/status/1360649216322924548

I am not going to watch the closing arguments. I saw the entire trial, and I would vote to convict. When they vote, I will report the outcome. But you’ll probably hear it elsewhere.

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