A marathon, 12-hour aboriginal day in the Senate allegation trial against Admiral Trump erupted into a shouting bout able-bodied afterwards midnight Wednesday morning, as Trump’s acknowledged aggregation unloaded on Democratic allegation administrator Rep. Jerry Nadler, D-N.Y. — in an barter that prompted a bleary-eyed Chief Justice John Roberts to actively advise both abandon for delinquency in the chamber.
Nadler began the celebrated altercation by speaking in abutment of the eighth amendment of the day, which was proposed by Senate Minority Baton Chuck Schumer, D-N.Y., aloof as the alarm addled midnight. The angle would accept adapted the balloon rules offered by Senate Majority Baton Mitch McConnell, R-Ky., to anon subpoena former National Security Advisor John Bolton.
McConnell’s rules, which were eventually adopted in a 53-47 party-line vote at 1:40 a.m. ET Wednesday and abundantly mirror those from the Bill Clinton allegation balloon in 1999, permit new assemblage and abstracts to be advised alone afterwards on in the proceedings, afterwards aperture arguments are made.
But Nadler, who was overheard apparently planning to accuse Trump aback in 2018, said it would be a “treacherous vote” and a “cover-up” for Republicans to adios the Bolton alteration amendment, claiming that “only accusable bodies try to adumbrate evidence.” Bolton has reportedly declared Trump’s conduct as affiliated to a “drug deal,” and he has adumbrated he would be accommodating to affirm and accommodate accordant information.
“It’s embarrassing,” Nadler began. “The admiral is on balloon in the Senate, but the Senate is on balloon in the eyes of the American people. Will you vote to acquiesce all the accordant affirmation to be presented here? Or will you abandon your agreement to be an candid juror? … Will you accompany Ambassador Bolton here? Will you admittance us to present you with the absolute almanac of the president’s misconduct? Or will you instead accept to be complicit in the president’s coverup? So far I’m sad to say I see a lot of senators voting for a coverup, voting to abjure witnesses, an actually indefensible vote, acutely a betraying vote.”
Trump’s acknowledged team, which has argued that Democrats’ allegation case couldn’t be as “open-and-shut” as advertised accustomed the allegedly burning allegation for new affirmation alike afterwards the House allegation inquiry, immediately rose in response.
“We’ve been admiring of the Senate,” an activated White House admonition Pat Cipollone accursed back. “We’ve fabricated our arguments to you. And you don’t deserve, and we don’t deserve, what aloof happened. Mr. Nadler came up actuality and fabricated apocryphal allegations adjoin our team. He fabricated apocryphal allegations adjoin all of you; he accused you of a cover-up. He’s been authoritative apocryphal allegations adjoin the president. The alone one who should be embarrassed, Mr. Nadler is you, for the way you’ve addressed the United States Senate. This is the United States Senate. You’re not in allegation here. … It’s about time we accompany this ability cruise in for a landing.”
Then, Trump advocate Jay Sekulow hammed Nadler for suggesting that executive privilege, a longstanding built-in principle protecting controlling annex deliberations from disclosure, wasn’t legitimate. The White House has said the advantage prevents Democrats from banishment administering admiral to accommodate affidavit afore Congress.
“At about 12:10 a.m., January 22, the administrator of the [House] Judiciary Committee, in this body, on the attic of this Senate, said ‘executive advantage and added nonsense,'” Sekulow said. “Now anticipate about that for a moment. ‘Executive advantage and added nonsense.’ Mr. Nadler, it is not ‘nonsense.’ These are privileges accustomed by the Supreme Cloister of the United States. And to atom the Constitution, on the attic of the Senate. To serve what purpose? The Senate is not on trial. The Constitution doesn’t acquiesce what aloof took place. Attending what we’ve dealt with for the last, now 13 hours. And we hopefully are closing the proceedings, but not on a actual aerial note.”
Sekulow accused Democrats of affectation accustomed that Advocate Accepted Eric Holder had analogously cited controlling advantage to abstain accouterment abstracts as allotment of House Republicans’ “Fast and Furious” gunrunning probe. Holder was afterwards captivated in antipathy of Congress. Additionally, Sekulow argued that House Democrats should accept gone to cloister if they capital to accomplish their subpoenas, rather than blitz to a Senate balloon and afresh accuse about the issue.
“‘Only accusable bodies try to adumbrate evidence?'” Sekulow asked, commendation Nadler incredulously. “So, I assumption aback Admiral Obama instructed his advocate accepted to not accord information, he was accusable of a crime? That’s the way it works, Mr. Nadler? Is that the way you actualization the United States Constitution? Because that’s not the way it was written, that is not the way it’s interpreted, and that’s not the way the American bodies should accept to live.”
The outbursts prompted Roberts, who as Chief Justice of the United States is constitutionally adapted to serve as the authoritative adjudicator in the allegation trial, to affair a awful abnormal admonishment to both abandon of the debate.
“It is adapted at this point for me to advise both the House managers and the president’s counsel in according agreement to bethink that they are acclamation the world’s greatest deliberative body,” Roberts said. “One acumen it has becoming that appellation is because its associates abstain speaking in a manner, and application language, that is not accessory to civilian discourse. “
Roberts continued: “In the 1905 [Judge Charles] Swayne trial, a agent objected aback one of the managers acclimated the chat ‘pettifogging’ — and the presiding officer said the chat care not to accept been used. I don’t anticipate we allegation to aspire to that aerial a standard, but I do anticipate those acclamation the Senate should bethink area they are.”
The vote on the Bolton amendment, like the cycle alarm on Schumer’s antecedent bootless benevolent proposals on the day, was not a final assurance on any attestant or certificate request, because McConnell’s angle would acquiesce new affirmation to be advised afterwards on in the process.
At 1:30 a.m. ET, Schumer introduced his aftermost amendment to McConnell’s rules– and he accidentally put Roberts aback in the spotlight. The angle would accept accustomed Roberts to adjudge the annual of witnesses, which Republicans nixed because the Constitution affords the Senate the “sole” ability over allegation trials.
That aftermost alteration was tabled by a 53-47 party-line vote, aloof like ten of Schumer’s added proposals.
When McConnell thanked Roberts for his “patience” as the affairs captivated up at 1:40 a.m. ET afterward that vote, Roberts remarked to applause, “It comes with the job.” The balloon adjourned until 1 p.m. ET on Wednesday.
As some Democratic allegation managers told Fox News that they were beat from the “long day” while staffers streamed out of the Capitol circuitous at 2 a.m. ET, McConnell smirked and simply told Fox News that it had been a “good day.”
Under McConnell’s final, adopted rules resolution, both the Democrats’ allegation managers and Trump’s lawyers will now accept three affair days, accretion 24 hours, allocated to present their case.
McConnell’s aboriginal resolution had accustomed 24 hours of arguments over alone two days. Democrats complained that that would advance the balloon into “the asleep of night,” and McConnell broadcast the timeline with a handwritten agenda on the resolution on Tuesday afterwards the GOP moderates accurate agnate concerns.
A archetype of revised U.S. Senate Resolution 483, which provides procedures apropos the accessories of allegation adjoin Admiral Donald Trump, appear Tuesday, Jan. 21, 2020 on Capitol Hill in Washington. Senate Majority Baton Mitch McConnell has abruptly afflicted his proposed rules for Admiral Donald Trump’s allegation balloon afterwards some of his adolescent Republican senators objected. (AP Photo/Wayne Partlow)
A backer for Maine Republican Sen. Susan Collins said that she and others had aloft concerns. Collins saw the changes as cogent improvements, the backer said. Additionally, Ohio GOP Sen. Rob Portman and a abundant cardinal of added Republicans from beyond the party’s brainy spectrum reportedly capital to accomplish the changes.
The rules for Clinton’s balloon accord the two abandon 24 hours anniversary for arguments but didn’t specify how abounding days. They anniversary took three.
The rules for senators’ questions are identical as compared with the Clinton trial: “Upon the cessation of the president’s presentation, senators may catechism the parties for a aeon of time not to beat 16 hours.” Per basal Senate rules, aloft which both resolutions were based, the senators accept to abide those questions in writing.
After the senators’ catechism period, Trump’s balloon will chase Clinton’s architecture with agitation over witnesses. In the Trump trial, the House prosecutors and White House aegis will accept four hours of agitation over the catechism of whether to alteration assemblage or documents.
The Clinton resolution was similar, but it gave the two abandon six hours of debate. Both sets of rules additionally crave assemblage to be deposed afore they affirm publicly.
In Clinton’s trial, the Senate eventually absitively to depose three assemblage and acquiesce video excerpts to be played on the Senate floor. But the accessible had already heard from all three of those witnesses, as they had been interviewed by Starr’s team.
It’s still cryptic what will appear with assemblage in Trump’s trial.
The Clinton rules resolution provided that there would be a vote on a motion to abolish the charges. McConnell’s resolution does not acknowledgment a motion to dismiss, accepted as a “kill switch” in GOP circles, but does not aphorism it out.
Trump has tweeted that he would like such a motion, but Senate Republicans accept adumbrated that they don’t accept the votes to canyon it and that they would adopt for the admiral to be acquitted, as he is accepted to be. Still, any agent could action a motion to abolish the two articles.
With the rules agitation resolved, all break are that the canicule advanced are acceptable to be acrimonious. Shortly afore the balloon abject on brief into the wee hours Wednesday with a alternation of Democrat-proposed alteration requests that Republicans absolutely attempt bottomward one-by-one, McConnell had offered Democrats an option: array all of their certificate requests into a “stack” for a distinct vote, so that the action could move along.
But, Schumer was accepting none of it — and fabricated bright that he capital alone votes on anniversary of Democrats’ proposed amendments to McConnell’s balloon rules, no amount how continued it took.
“A number” of added amendments were activity to be offered, Schumer promised. Indeed, at 10:30 p.m. ET, Schumer rose to present his sixth angle of the day: a alteration for the affidavit of White House annual aides Robert Blair and Michael Duffey. Agitation on that angle captivated up in a little over an hour afore the Senate voted to table it.
Sen. Lisa Murkowski, R-Alaska, arrives at the Senate for the alpha of the allegation balloon of Admiral Donald Trump on accuse of corruption of ability and obstruction of Congress, at the Capitol in Washington, Tuesday, Jan. 21, 2020. (AP Photo/J. Scott Applewhite)
Then, at 11:19 p.m. ET, Schumer alien yet addition amendment, in the anatomy of a procedural modification acute that if any affair “seeks to accept affirmation that has not been submitted as allotment of the almanac of the House of Assembly and that was accountable to a appropriately accustomed subpoena,” afresh that affair “shall additionally accommodate the opposing affair all added abstracts acknowledging to that subpoena.” However, Trump’s attorneys objected to the premise that the House’s subpoenas were “duly authorized,” accustomed that the subpoenas were not issued pursuant to an allegation analysis accustomed by a vote of the abounding House.
The Bolton alteration came next, followed by addition procedural alteration on subpoenas.
In all, the Senate handed Admiral Trump a alternation of wins throughout the day Tuesday by voting 53-47 ten separate times to effectively annihilate a alternation of antecedent proposals from Schumer to subpoena White House, State Department, Aegis Department, and Office of Management and Annual documents, as able-bodied as affidavit from acting White House Chief of Agents Mike Mulvaney, Blair and Duffey, respectively.
The party-line votes approved GOP accord at the alpha of the trial, which is all but assertive to aftereffect in the president’s acquittal.
“I do anticipate those acclamation the Senate should bethink area they are.”
An additional, beneath consequential alteration on accounting responses was tabled by a 52-vote majority. Collins abutting with Democrats on that vote, actualization the aboriginal time a Republican did so all day.
In a annoying assurance for Democratic allegation managers, there were signs that absorption was abatement in the alcove with the night ambagious on. As of 10 p.m. ET, the galleries to watch the affairs contained only 29 associates of the public, abounding of them with eyes glazed.
Idaho GOP Sen. James Risch could alike be apparent allegedly sleeping at about 5:30 p.m. ET, and added senators appeared bored. The fatigue acutely risked arresting senators as Democrats approved to accomplish their case, while additionally assiduity the affairs with abortive amendments.
“It’s accepting late,” White House admonition Pat Cipollone said backward Tuesday night. “I would ask you, respectfully, if we could artlessly start, maybe tomorrow we can alpha — and they can accomplish their argument, and they can, I guess, accomplish a case that they already declared ‘overwhelming.’ We’ll see… Seriously, can we amuse start?”
OOPS? BIDEN TEAM TOUTS UKRAINE ACTIVIST WHO CALLED HUNTER BIDEN’S ACTIONS ‘VERY BAD’
Meanwhile, a address emerged in Politico that Democrats’ advance allegation manager, California Rep. Adam Schiff, may accept publicly mischaracterized evidence in the case. Schiff had asserted that Rudy Giuliani associate Lev Parnas “continued to try to align a affair with Admiral [Volodymyr] Zelensky” — but the “mr Z” that Parnas was apropos to in his argument bulletin was allegedly not Ukraine’s president, but Ukrainian businessman Mykola Zlochevsky.
Separately, as Democrats’ amendments were actuality arbitrarily attempt down, letters emerged that some Democrats were abreast because article of a compromise: calling for the affidavit of Hunter Biden in barter for the actualization of some key administering officials. Biden obtained a advantageous lath role with a Ukrainian aggregation while his father, Joe Biden, was administering Ukrainian action as carnality president.
Trump had asked in his now-infamous July 25 alarm with Ukraine’s admiral for a attending into Joe Biden’s accepted burden campaign to accept Ukraine’s top prosecutor fired.
Republicans accept approved to portray Trump’s advance for a delving as a accepted appeal accustomed the Bidens’ affairs in Ukraine, while Democrats accept declared that chief administering admiral would affirm that the administering withheld aggressive aid to Ukraine in adjustment to defended a politically motivated probe. Mulvaney, for example, has about argued that there is annihilation amiss with attached banking abetment to anti-corruption efforts and added U.S. objectives, alike as the administering has denied accurately targeting the Bidens for political purposes.
The battery of amendments Tuesday night dead aboriginal hopes that the senators would accept time to accommodated in a bankrupt affair to converse — which would be a admired opportunity, accustomed that the senators were accurately barred from accepting any sustenance other than baptize or milk at their board all day, and could not acquaint verbally with one addition during the proceedings.
The brake on cellphone control and articulate alternation led some associates to canyon and beam accounting addendum to anniversary added like acceptance in a classroom, as Democratic House allegation managers and the president’s acknowledged aggregation traded diffuse administrative arguments.
At one point during the proceedings, above Bill Clinton columnist secretary and CNN political analyst Joe Lockhart wrote on Twitter that Texas GOP Sen. Ted Cruz could go to “prison,” acquainted that Cruz’s Twitter annual was announcement tweets during the trial. Lockhart was bound mocked by amusing media users pointing out that it’s accepted for senators’ Twitter accounts to be run by staff, and Cruz’s assembly accepted to Fox News that Cruz had not sneaked his buzz into the chamber.
TRUMP’S LEGAL TEAM GOES ON THE OFFENSIVE
Even Cruz’s agents couldn’t abide dabbling some fun at Lockhart, autograph “COME AND TAKE IT,” with an angel of a cellphone.
It was a moment of absurdity in an contrarily emotionally answerable day, with Democrats accusing the admiral of “high crimes and misdemeanors” and Republicans calling out what they see as a cellophane accessory stunt.
“It’s a accessory allegation they’ve delivered to your doorstep in an acclamation year,” Cipollone thundered aboriginal in the day, pointing out that Sens. Elizabeth Warren and Bernie Sanders, and others, were actuality pulled off the attack trail. “Some of you should be in Iowa.”
“They’re not actuality to abduct one election, they’re actuality to abduct two elections,” Cipollone added.
JIM JORDAN: THE FOUR FACTS DEMS CAN’T CHANGE
Trump advocate Patrick Philbin said Democrats’ certificate requests were a “stunning admission” that House prosecutors, who had abounding rein to conduct their own allegation inquiry, were now about allurement the Senate “to do their job for them.”
Supreme Cloister Chief Justice John Roberts arrives at the Capitol in Washington, Tuesday, Jan. 21, 2020. Admiral Donald Trump’s impeachment trial quickly access into a accessory action Tuesday as affairs began advance at the Capitol. Democrats objected acerb to rules proposed by the Republican baton for aeroembolism arguments and a accelerated trial. (AP Photo/Cliff Owen)
California Democratic Rep. Zoe Lofgren, one of the House Democrats’ allegation managers, countered in her remarks on the Senate attic that added abstracts were bare to accommodate “clarity.”
“As able as our affirmation is,” Lofgren said, “we did not accept a distinct certificate from an controlling annex bureau including the White House itself.”
This artisan account depicts Senate Minority Baton Chuck Schumer, D-N.Y., speaking in the Senate alcove during the allegation balloon adjoin Admiral Donald Trump on accuse of corruption of ability and obstruction of Congress, at the Capitol in Washington, Tuesday, Jan. 21, 2020. (Dana Verkouteren via AP)
Lofgren accurately sought, amid added materials, summary addendum from an Aug. 30, 2019 meeting amid Trump, Aegis Secretary Mark Esper and Secretary of State Mike Pompeo in which they allegedly approved to argue the admiral that absolution up aid money for Ukraine would be “the appropriate affair to do.”
“It would be amiss for you senators … to be beggared of the accordant evidence,” Lofgren said.
IMPEACHMENT TRIAL RULES SEEM WRITTEN IN THE WHITE HOUSE, NOT THE SENATE, SCHUMER SAYS
For his part, Trump appeared audacious by the proceedings, and committed to administering business as usual.
In this angel from video, allegation administrator Rep. Zoe Lofgren, D-Calif., speaks in abutment of an alteration offered by Sen. Chuck Schumer, D-N.Y., during the allegation balloon adjoin Admiral Donald Trump in the Senate at the U.S. Capitol in Washington, Tuesday, Jan. 21, 2020. (Senate Television via AP)
“READ THE TRANSCRIPTS!” the admiral tweeted from overseas, as he alternate to his auberge far abroad from Washington’s allegation drama, at a all-around leaders bread-and-butter appointment in Davos, Switzerland.
As the advancing day captivated up in Washington able-bodied afterwards midnight, Trump acquaint addition aggressive cheep from Davos that afresh advisedly abhorred commenting on the trial.
“Making abundant advance in @Davos,” Trump wrote. “Tremendous numbers of companies will be coming, or returning, to the USA. Hottest Economy! JOBS, JOBS, JOBS!”
Fox News’ Chad Pergram, Mike Emanuel, Caroline McKee, Jason Donner, and Adam Shaw contributed to this report, as able-bodied as The Associated Press.
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