Live impeachment updates: Senate acquits Trump at second impeachment trial
WASHINGTON – The Senate acquitted former President Donald Trump a second time Saturday after a historic impeachment trial where House managers painted him as a lingering threat after his supporters rioted at the Capitol, an argument that failed to convince enough Senate Republicans to convict.
A 57-43 majority of the Senate voted to convict Trump, but fell short of the two-thirds majority required for conviction. Seven Republicans joined the 50 lawmakers who caucus with Democrats. Trump was also acquitted a year ago in his first trial over his dealings with Ukraine, when a majority opposed conviction and only one Republican joined Democrats voting to convict.
The trial was historic because Trump was the first president impeached twice and the first to be tried after leaving office. Trump was only the third president tried in the Senate – all were acquitted. But the Senate vote against Trump was the most bipartisan vote for conviction of a president in history – the others faced votes entirely from the opposition party.
has been widely debunked despite the president’s and his lawyers’ continued claims to the contrary.
According to Republican Rep. Jaime Herrera Beutler, Trump was pushing the antifa conspiracy to House Republican Leader Kevin McCarthy, R-Calif., during a phone call as the riot was unfolding and lawmakers were scurrying to safety.
On Friday, van der Veen also falsely claimed that one of the first people arrested in the riot was a leader of the antifa movement. Police accounts, news reports and video footage shows Trump supporters involved in the siege but no evidence that any left-wing protestors took part.
– Ledyard King
Trump lawyer says he never urged violence
Michael van der Veen, one of former President Donald Trump’s defense lawyers, began his closing argument in the case acknowledging the “heinous” violence at the Capitol on Jan. 6, but said Trump never encouraged it.
“What took place at the U.S. Capitol on Jan. 6 was a grave tragedy,” van der Veen said. “No matter how much truly horrifying footage we see of the conduct of the rioters, how much emotion has been injected into this trial, that does not change the fact that Mr. Trump is innocent of the charges against him.”
The House charged Trump with inciting the insurrection that left five dead. But Trump’s defense team has argued that his speech near the White House on the day of the riot was protected by the First Amendment. The team also argued that Trump couldn’t be blamed for the mob’s actions.
“At no point it their presentation, did you hear the House managers play a single example of Mr. Trump urging anyone to engage in violence of any kind,” van der Veen said. “At no point did you hear anything that could ever possibly be construed as Mr. Trump encouraging or sanctioning an insurrection.”
– Bart Jansen
Raskin: ‘Is this America?’
The lead House manager in former President Donald Trump’s impeachment trial, Rep. Jamie Raskin, asked senators to convict Trump for inciting the violence at the Capitol on Jan. 6 by looking at the issues through the eyes of a child.
Raskin, D-Md., said his daughter Hannah felt sorry for the children of a protester who had warned his own children that he might die while attending the Trump rally and protest at the Capitol. Raskin said she cut through the moral and legal issues of the case for its essence.
“He was expecting violence, as insurrectionists did,” Raskin said. “That shook me.”
Raskin recalled that “savage, barbaric violence” at the Capitol, where police were beaten with metal poles and hockey sticks, and hit with bear spray. He quoted a passage from Exodus: “Thou shall not follow a multitude to do evil.”
“Is this America?” Raskin asked senators. “It is literally in your hands.”
– Bart Jansen
Prosecutors say Trump spent months building the “big lie” about a stolen election that incited mob
Democratic managers have made what they’ve dubbed Trump’s “big lie” – relentless and baseless claims that the election was rigged against him – a central part of their impeachment case.
During Saturday’s closing arguments, they played a montage of clips showing the then-president claiming the election was “rigged” against him months before it was held and that it was “stolen” weeks after it had been decided.
“Our point is this was not one speech,” Rep. Madeleine Dean, D-Pa., told senators. “This was a deliberate, purposeful effort by Donald Trump over many months that resulted in the well-organized mob’s attack on Jan. 6.”
– Ledyard King
Cicilline: ‘inconceivable’ Trump didn’t know about riot, threat to Pence
Rep. David Cicilline said it’s “unconceivable” that President Donald Trump had no idea of the riot that was happening at the Capitol and that his own vice president was in danger for his life, a claim refuted by Trump’s lawyers.
The Rhode Island Democrat walked senators through a timeline of events on Jan. 6 that started at noon with Trump’s speech at a rally near the White House and concluded with the siege at the Capitol by a pro-Trump mob that afternoon.
Cicilline said it’s impossible to believe a president consumed with Congress’ tabulation that day of the Electoral College votes sealing his loss to Joe Biden in the Nov. 3 election would not have known through social media and events broadcast live on television about the unrest on Capitol Hill.
That he did nothing even after speaking with GOP House leader Kevin McCarthy who implored him to ask the insurgents to back down further shows how guilty Trump was of the impeachment article charging he incited the riot, Cicilline said.
– Ledyard King
Raskin: Trump’s actions during riot ‘outrageous’
The lead House impeachment manager, Rep. Jamie Raskin began his closing argument in the Senate impeachment trial by saying former President Donald Trump’s actions after the riot began Jan. 6 at the Capitol added to his incitement of the insurrection.
Trump’s defense team had argued that anything Trump said or did after the riot began couldn’t be considered incitement. But Raskin, D-Md., said Trump’s derogatory tweet about then-Vice President Mike Pence and his refusal to call off the mob as requested by House Minority Leader Kevin McCarthy, R-Calif., each made the offense worse.
“That conduct is obviously part and parcel of the constitutional offense that he was impeached for, namely incitement to insurrection,” Raskin said. “That is continuing incitement to the insurrection.”
Minutes after the Secret Service evacuated Pence from the Senate chamber, Trump tweeted, “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.”
Rep. Jaime Herrera Beutler, R-Wash., issued a statement Friday saying Trump refused to call off the mob when McCarthy asked. The Senate briefly agreed to call Beutler as a witness in the trial, but Trump’s defense team agreed to enter her statement as evidence by saying the former president didn’t dispute the statement.
“Well, Kevin, I guess these people are more upset about the election than you are,” Beutler quotes Trump as telling McCarthy.
Raskin said the Pence tweet and statement to McCarthy demonstrated Trump’s continued incitement of the mob that swarmed through the Capitol, beating police officers and occupying the Senate chamber.
“It was outrageously scandalous and unconscionable conduct in the middle of a violent assault on the Capitol,” Raskin said.
– Bart Jansen
Lawmakers and Trump’s lawyers reach compromise to avoid witness
Democratic lawmakers and former President Donald Trump’s lawyers reached a deal to enter a statement from Rep. Jaime Herrera Beutler, R-Wash., into the record, setting up an end to the trial later Saturday and avoiding a lengthier trial after the Senate voted earlier the same day to call witnesses.
Herrera Beutler had said in a statement released Friday she had talked with House Minority Leader Kevin McCarthy, R-Calif., following the Jan. 6 riot at the Capitol, and McCarthy told her Trump had seemed unconcerned by the attack, trying to blame it on “antifa.” When told by McCarthy they were Trump’s supporters, Trump replied, “Well, Kevin, I guess these people are more upset about the election than you are.”
Democratic impeachment manager Rep. Jamie Raskin, D-Md., read aloud a statement from Herrera Beutler on McCarthy’s phone call with former President Donald Trump into the record, and then neither side moved to call any additional witnesses.
As details of the deal trickled out earlier Saturday, lawmakers signaled they would support it. Sen. Brian Schatz, D-Hawaii, told USA TODAY, “I think it’s a reasonable deal,” and Sen. Chris Coons, D-Del., a Biden confidant, told reporters, “I think most senators would support that.”
Sen. Mitt Romney, R-Utah, who had voted earlier along with four Republican senators to call witnesses, told reporters, he would support a potential deal, though he would have also supported both sides calling witnesses if they wanted to do so.
“If they’ve reached an agreement,” Romney said, “then that would be great.”
– Nicholas Wu and Christal Hayes
Democrats say extended trial wouldn’t stop them from passing bills, confirming nominees
Democratic senators said an extended trial with witnesses would not prevent them from finding time to work on legislation or confirming President Joe Biden’s nominees.
“We’ve been moving forward on all fronts already in terms of confirming the president’s nominees, moving forward a COVID package during the trial, Sen. Debbie Stabenow, D-Mich., told reporters on Capitol Hill Saturday. “We can move forward” on other issues.
Sen. Elizabeth Warren agreed that the lawmakers could still find time to legislate but that they weren’t going to rush on impeachment just to free up more time for other work.
“I want to see us get on to other business,” Sen. Elizabeth Warren, D-Mass. “But it is absolutely critical that we hold a president of the United States accountable when he incites a mob to try to undermine our Constitution.”
– Ledyard King
Sudden shift by senators to call witnesses takes both sides by surprise
The Senate decision to call witnesses at the impeachment trial of former President Donald Trump surprised lawmakers on both sides, who must still decide how many witnesses will be called and how they will be deposed.
Senators in both parties had expected no witnesses at the trial and a potential vote on the verdict Saturday. But after the lead manager, Rep. Jamie Raskin, D-Md., asked to hear from a House member, Trump’s defense team also sought witnesses.
Now the Senate must decide how many witnesses to call and under what rules. Senate Majority Leader Chuck Schumer, D-N.Y., recessed the trial while lawmakers debate which steps to take.
Under the resolution the Senate adopted for the trial, after allowing any witnesses, the Senate must decide whether to issue subpoenas, how to arrange depositions and whether other research is needed. Those rules would be governed by another resolution in the Senate, which would require another vote.
While Raskin requested one witness – Rep. Jaime Herrera Beutler, R-Wash. – Trump’s lawyers named at least two witnesses they would call, and indicated they would want many more.
“I’m gonna slap subpoenas on a good number of people,” Trump lawyer Michael van der Veen said, adding he would like to hold 100 depositions if any witnesses are called.
“Do not limit the number of witnesses that I can have,” he said.
Jason Miller, a Trump spokesman, said the defense team has a list of 301 witnesses –and counting.
Sen. Jerry Moran, R-Kan, said there’s an “attempt at the moment is to see what the parameters of witnesses might be.” He wants to make sure it’s “fair” and that there’s time to take depositions, which Trump’s legal team said should be taken in person.
Democrats retreated to their offices for their discussion. Senate Minority Leader Mitch McConnell, R-Ky., remained in the chamber during the lull, chatting with Sen. John Cornyn, R-Texas, and aides.
During Trump’s impeachment trial, the Senate debate over witnesses focused on providing a set number, such as three, for each side. But the Senate voted not to call witnesses in that trial.
– Bart Jansen
Graham surprises with vote to join Democrats in approving witnesses in Trump’s trial
Sen. Lindsey Graham, one of former President Donald Trump’s closest allies, voted to approve calling witnesses in Trump’s impeachment trial.
Graham, R-S.C., changed his vote to side with Democrats and several of his moderate Republican colleagues after it was clear the chamber would be moving forward with subpoenas. Graham, who huddled with Trump’s attorneys during the trial for a strategy session, had teased for weeks that if Democrats attempted to call witnesses, Republicans would demand a number of controversial witnesses.
“If you want a delay, it will be a long one with many, many witnesses,” Graham tweeted earlier Saturday. He said on Fox News earlier this month that if Democrats call one witness, “you open that can of worms, we’ll want the FBI to come in and tell us about how people pre-planned this attack and what happened with the security footprint at the Capitol. You open up Pandora’s Box if you call one witness.”
– Christal Hayes
Leahy scolds chamber for lack of civility, laughing at Trump’s lawyer
Sen. Patrick Leahy, D-Vt., the presiding officer over former President Donald Trump’s impeachment trial, called for civility in the chamber Saturday morning after senators erupted into laughter after Michael van der Veen, one of Trump’s defense attorneys, insisted depositions for witnesses should be done in his personal injury law office in Philadelphia.
An exasperated van der Veen shot back, “That’s the way it works, folks … I don’t know why you’re laughing.”
Leahy quoted Chief Justice John Roberts, who presided over Trump’s first impeachment trial in 2020 and had admonished the House managers and Trump’s defense team.
“I would remind everybody, as Chief Justice Roberts noted Jan. 21, 2020, citing the trial of Charles Swayne in 1905: all parties of the chamber must refrain from using language that is not conducive to civil discourse.”
McCarthy spoke with then-President Donald Trump as a mob was attacking the U.S. Capitol on Jan. 6 and that the president seemed unconcerned about the riot.
Herrera Beutler, one of 10 House Republicans to vote for Trump’s impeachment on a charge of inciting the attack, said in a statement that McCarthy had told her when he reached Trump by phone as the Capitol was breached McCarthy “asked him to publicly and forcefully call off the riot.”
According to Herrera Beutler, Trump initially tried to blame the attack on leftist members of “antifa” but when McCarthy insisted the mob was comprised of the president supporters, Trump told the top House Republican, “Well, Kevin, I guess these people are more upset about the election than you are.”
Herrera Beutler’s allegation supports the House impeachment managers’ claim that Trump was aware of the danger to lawmakers during the breach and did nothing to stop the riot as the Capitol was being stormed by the deadly mob.
– William Cummings
Trump’s legal team, House prosecutors eye closing arguments with witness question unanswered
WASHINGTON – A final verdict in former President Donald Trump’s second Senate impeachment trial may be near as both sides ready for closing arguments when the trial resumes Saturday.
But first, it must be decided whether witnesses will be called. If the Senate voted to call witnesses, the decision could lengthen the proceedings by weeks or months because the witnesses would have to be deposed and more research conducted.
No formal announcements on witnesses have been made, but both sides have indicated they don’t need them.
When one of the House impeachment managers prosecuting the case, Rep. Madeleine Dean, D-Pa., was asked Thursday if they needed witnesses, she replied, “I think we’ve made our case.” Sen. Dick Durbin, D-Ill., who called for a thorough trial for the historical record, said Friday he doesn’t need to hear from witnesses. “I think adequate evidence has been presented,” he said.
Trump impeachment trial:Sen. Tommy Tuberville stands by account of Jan. 6 Trump phone call after lawyers say it’s ‘hearsay’
One of Trump’s staunchest defenders, Sen. Lindsey Graham, R-S.C., also said witnesses aren’t necessary, but that Trump’s team should call witnesses if the managers do. One of Trump’s lawyers, David Schoen, told reporters Thursday “that hasn’t been decided yet.”
House managers asked Trump himself to testify under oath in hopes to question him, but the president has refused.
If both sides decide not to hear from witnesses, it would move the trial to four hours of closing arguments, after which the Senate will deliberate and make their final vote on whether to convict or acquit Trump. Several senators said a vote could come Saturday afternoon.
The House impeached Trump Jan.13 by charging him with inciting the insurrection at the Capitol Jan. 6, which interrupted Congress counting Electoral College votes. Five people died, including a police officer and a woman shot by police, as rioters rampaged through the building searching for Vice President Mike Pence and House Speaker Nancy Pelosi.
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Conviction would require a two-thirds majority of the Senate, a high bar in a chamber evenly divided between 50 Republicans and 50 lawmakers who caucus with Democrats. In preliminary votes upholding the constitutionality of the trial, only six Republicans joined Democrats, rather than the 17 needed for conviction, signaling Trump may be acquitted.
Over the course of the trial, which began Tuesday, the managers argued Trump fueled unrest with months of complaints about the legitimacy of the election. Trump then urged his supporters the day of the riot to “fight” the election results at the Capitol.
The lead House prosecutor, Rep. Jamie Raskin, D-Md., warned that Trump represented a continuing threat to the country if not convicted and disqualified from holding office in the future.
But Trump’s lawyers argued he used standard political language to rally his supporters and can’t be blamed for the mob’s violence. The defense team also argued that Trump’s speech was protected by the First Amendment.
Michael van der Veen, one of Trump’s lawyers, called the impeachment a blatantly political trial that represented partisan vengeance. He called it a “politically motivated witch hunt.”
– Bart Jansen