Impeachment trial of President Trump

john roberts senate trial
Chief Justice Roberts reveals if he would have broken a tie
00:50 - Source: CNN

Where things stand now

  • The next steps: The Senate approved a resolution outlining how the rest of the trial will play out. On Monday, Trump’s defense team and House prosecutors will give closing arguments. After that, senators will be allowed to give statements of up to 10 minutes each.
  • Trump’s acquittal: The Senate will vote on the articles of impeachment at 4 p.m. ET. They will almost certainly vote to acquit Trump.
  • About witnesses: The Senate today voted against a motion to hear from witnesses at the trial.

Our live coverage has ended. Read more about the impeachment trial of President Trump below.

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Schumer: “It can’t get much worse”

Schumer told reporters as he was on his way out tonight “I can’t wait to see my grandson.”

Asked by a reporter what he would say to his Republican colleagues, he said, “I say they really let down the Senate and the country. They know that Donald Trump is a vicious and vindictive president, but sometimes you’ve got to do the right thing.”

Asked how he’ll bridge the divide going forward, he said, “well, let’s hope it gets better. It can’t get much worse.”

Murkowski won't say how she'll vote tonight: "I’ve had so much drama today, I’m just gonna chill”

When asked by reporters how she was planning to vote on whether to find the President guilty or not, Senator Lisa Murkowski said she’d had enough drama for the day.

“Will I share it with you tonight? I’ve had so much drama today, I’m just gonna chill,” she said.

Murkowksi said she was “disappointed” in “all sides” and said a fair trial would have been one that “remedied the defects of the House.”

Closely watched Democrat says he'll announce his decision on whether to convict next week

Sen. Doug Jones, a Democrat from Alabama, says he will announce his decision on whether to convict next week.

What are other swing voters saying: Sen. Kyrsten Sinema, another swing Democrat, refused to answer any questions from a group of reporters, walking in silence for nearly 30 seconds as an aide said she wouldn’t respond.

Democratic Sen. Joe Manchin said he won’t know how he’ll vote until he walks into the Senate chamber Wednesday.

“I won’t know until I walk in - I swear to God, I won’t know until I walk in,” he said, adding that he’s been going back and forth on his decision.

The Senate trial has adjourned for the day

Senate Majority Leader Mitch McConnell has ended today’s impeachment trial proceedings.

Before doing do, he received unanimous consent for the following provisions for next week when the trial resumes:

  • The secretary is authorized to include statements of senators explaining their votes, either given or submitted during the legislative sessions of the senate on next Monday through Wednesday.
  • When the trial resumes Monday, senators are permitted to speak for up to 10 minutes each.

As he left the Senate floor, McConnell was seen giving a thumbs-up.

As Senate trial nears the end, John Roberts finally says he won't break vote ties

Chief Justice John Roberts made crystal clear tonight that he has no intention of intervening in the Senate impeachment trial of President Trump by casting a tie-breaking vote.

Speculation had mounted during the trial whether Roberts would act, as Democrats hoped the chief could help them force the Republican majority to allow witnesses to be called.

A chief justice had previously settled Senate ties in an impeachment trial — back in 1868 — Senate Minority Leader Chuck Schumer, a New York Democrat, noted.

But when asked directly about whether he would get involved, Roberts said he would not.

Here’s the exchange:

  • Schumer: “Is the chief justice aware that in the impeachment trial of President Johnson, Chief Justice Chase, as presiding officer, cast tie-breaking votes on both March 31 and April 2, 1868?”
  • Roberts: “I am, Mr. Leader. The one concerned a motion to adjourn; the other concerned a motion to close deliberations. I do not regard those isolated episodes 150 years ago as sufficient to support a general authority to break ties. If the members of this body elected by the people and accountable to them divide equally on a motion, the normal rule is that the motion fails. I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed.”

McConnell's resolution laying out the trial timeline just passed

The Senate just voted 53-47 to approve Senate Majority Leader Mitch McConnell’s resolution which spells out how the rest of the impeachment trial will work.

The resolution calls for closing statements on Monday, and a 4 p.m. ET vote on the articles on impeachment on Wednesday.

There will not be a session tomorrow.

Senate votes to table Democrats' fourth amendment

A motion to table — or effectively kill — the Democrats’ fourth amendment just passed.

The vote was 53-47.

All four amendments introduced by the Democrats tonight were voted down.

McConnell called Trump before announcing Wednesday vote

Republican senators said tonight that Senate Majority Leader Mitch McConnell had no choice but to cut the deal for the Wednesday acquittal vote.

That’s because, the senators said, Democrats could have used their power under the rules to drag it out past the State of the Union. And Democrats had no desire to let Trump be cleared by the time of the Tuesday SOTU as the White House wanted, according to senators from both parties.

So they decided to cut the deal, spare themselves late nights and a weekend session, and agree to have the vote on Wednesday.

“Democrats were willing to use any number of dilatory tactics, many of which would probably carry us into next week,” Sen. John Thune said, adding that it could delay the vote until “potentially” beyond the State of the Union if Democrats used their “full arsenal of tools.”

McConnell spoke by phone with President Trump before introducing the resolution that calls for the Wednesday vote, according to two people familiar with the call.

A third amendment from the Democrats was just tabled

The Democrats’ third amendment has been tabled. This amendment called for the Senate to subpoena John Bolton, and spend one day on his deposition and one day on live testimony — both of which must occur within five days.

The vote to table passed 51 to 49. Republican senators Mitt Romney and Susan Collins voted for a second time tonight with the 47 Democrats against tabling the amendment to subpoena Bolton.

Motion to table Democrats' second amendment passes

A motion to table the Democrats’ second of four amendments has passed. The amendment introduced by Minority Leader Chuck Schumer specifically called for the Senate to subpoena John Bolton to testify.

The vote to table passed 51 to 49. Republican senators Mitt Romney and Susan Collins voted with the 47 Democrats against tabling the amendment to subpoena Bolton.

Democrats' first amendment was tabled

A motion to table — or effectively kill — the Democrats’ first amendment just passed.

The vote was 53-47.

Pelosi: Republican senators are "accomplices to the President's cover-up"

Nancy Pelosi meets with reporters on Thursday, January 30.

House Speaker Nancy Pelosi said in a statement tonight that Republicans’ vote against witnesses and documents “makes them accomplices to the President’s cover-up.”

Here’s her complete statement:

These are the amendments Democrats will offer tonight

Senate Democratic Leader Chuck Schumer will force votes on the following amendments tonight, according to his office.

There will be no argument time. These are the four:

  1. Schumer amendment to subpoena acting White House chief of staff Mick Mulvaney, former national security adviser John Bolton, associate director of the Office of Management and Budget Michael Duffey, Mulvaney aide Robert Blair, and White House, Budget office, Department of Defense and State Department documents  
  2. Schumer amendment to subpoena John Bolton  
  3. Schumer amendment to subpoena Bolton; provided further that there be one day for a deposition presided over by Chief Justice, and one day for live testimony before the Senate, both of which must occur within 5 days of adoption of the underlying resolution  
  4. Van Hollen amendment to require the Chief Justice to rule on motions to subpoena witnesses and documents, and to rule on any assertion of privilege

They’re voting on the first one now.

White House officials are not thrilled, but resigned acquittal will happen after Trump's State of the Union speech

White House officials have resigned themselves to the idea that President Trump will not give his State of the Union address on Tuesday as an acquitted president.

Trump aides had once viewed the annual State of the Union address as an opportunity to walk into House Speaker Nancy Pelosi’s turf following the vindication of a Senate acquittal. And tonight — as Republicans and Democrats went back and forth over the next steps — the White House made clear they still wanted the final vote to come before Tuesday.

But as the discussions wore on, the White House legal team became reconciled to the idea that Trump’s acquittal vote won’t happen until Wednesday. Their message for Republicans was to get it done as soon as they can.

What this means for the speech: A senior Trump administration official acknowledged that Trump’s State of the Union speech could come in the midst of his impeachment trial but insisted the speech will be “forward-looking” and “optimistic” comparing the situation to last year when the government had just emerged from a long government shutdown.

And as the impeachment trial likely progresses into next week, the official said the speech isn’t being written “in a vacuum” and “it wouldn’t be out of the ordinary for the speech to evolve before it’s delivered.”

Sen. McConnell releases resolution that lays out the impeachment trial end game

Sen. Mitch McConnell has released the resolution that lays out the final steps of the impeachment trial.

The resolution spells out the following timeline: closing statements on Monday and a 4 p.m. ET vote on the articles on impeachment on Wednesday.

Read the resolution below:

This is when senators will have a chance to speak about the trial

Several senators – including Susan Collins and Lisa Murkowski – have expressed a desire to speak on the Senate floor before casting their final votes.

CNN’s Phil Mattingly reports that those interested senators will get their chance next week between Monday and Wednesday to go to the floor and speak about their views related to the trial and their decisions they’re going to make related to that vote. But that time for speaking will be out of the trial. 

Remember: Senators cannot speak while the trial is in session. However, the only time the Senate will be in the impeachment trial next week will be Monday during the closing arguments and when they come back on Wednesday at 4 p.m. to vote. In between they can come to the floor and make public statements about their views.

The Senate trial is back in session

The Senate has returned after another recess. We’re expecting Democrats to offer several amendments to Senate Majority Leader Mitch McConnell’s resolution on how the trial will end.

Each side will have time to debate each amendment — although they don’;t have to use all of their allotted time.

Republican senators have estimated this process will wrap up between 8:30 p.m. and 9 p.m. ET — although remember: timing remains incredibly fluid.

When they’re done for the night, senators will return on Monday at 11 a.m. ET for closing arguments. They will proceed to the final acquittal vote on Wednesday at 4 p.m. ET.

Here's how late things are likely to go tonight

When the Senate comes back into session around 7 p.m. ET, we’re expecting the Democrats to offer four amendments to McConnell’s resolution on how to conclude the trial. Each of the amendments could have up to two hours of debate on both sides. 

What does that mean for tonight: Presumably this could take a long time. We’re not expecting that. Republican senators told CNN’s Manu Raju that they’ve been told by the Democrats that they’re not going to use all of their time.

GOP Senator Mike Braun was asked by a reporter how late he thinks senators will be here tonight and said, “probably between 8:30 and 9 o’clock.”

Like all timing matters, these estimates are subject to change.

Former White House counsel to Richard Nixon says today's Senate vote "will go down in history"

John Dean, a CNN contributor and former White House counsel to Richard Nixon, spoke with CNN’s Anderson Cooper this evening following a failed motion that called for impeachment witnesses in the Senate trial.

Dean directly addressed former national security adviser John Bolton, who Democrats were eager to call as an impeachment witness.

Bolton was mentioned often in the trial today after the New York Times reported that President Trump ordered him to help with the Ukraine pressure campaign to obtain damaging information, according to a report from The New York Times, citing an unpublished manuscript of Bolton’s book.

According to the Times, Bolton wrote that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

Trump released a statement today following the Times report claiming he “never instructed John Bolton to set up a meeting for Rudy Giuliani, one of the greatest corruption fighters in America and by far the greatest mayor in the history of NYC, to meet with President Zelensky.”

Here's how the rest of tonight (and next week) will play out

The Senate is expected to start a series of roll call votes — up to five — at 7 p.m. ET on Friday, according to the Senate cloakroom.

The votes are related to a resolution laying out the next steps in the impeachment trial and Democratic amendments to that resolution.

Senators will return Monday at 11 a.m. ET and will proceed to the final acquittal vote on Wednesday at 4 p.m. ET.

GOP senator who voted for witnesses "does not care" when acquittal vote is

A spokesperson for Sen. Susan Collins says the Maine Republican believes senators should be able to “briefly state” their position on whether to convict or acquit Trump before taking the vote.

She said she “does not care” when that happens or how long the senators get.

Collins was one of two Republicans (alongside Sen. Mitt Romney) who voted with the senators who caucus with the Democrats in favor of having witnesses and documents at the trial. The motion failed 51-49.

Here’s the full statement:

Sen. Klobuchar: "We're so disappointed"

Democratic Sen. Amy Klobuchar spoke with CNN’s Dana Bash about the failed motion that called for impeachment witnesses in the Senate.

Bolton in the news today: President Trump ordered former national security adviser John Bolton to help with the Ukraine pressure campaign to obtain damaging information, according to a report today from The New York Times, citing an unpublished manuscript of Bolton’s book.

According to the Times, Bolton wrote that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

Trump released a statement today following the Times report:

There’s a deal for an acquittal vote on Wednesday, GOP senators say

Senator John Barrasso speaks to reporters.

GOP Sens. John Barrasso and Roy Blunt say a deal has been reached on an acquittal vote next week.

The agreement would allow for four or five Democratic amendment votes tonight, and no weekend session. Closing arguments for both sides would occur on Monday.

Senators would deliver floor speeches on Monday, Tuesday and Wednesday.

And an acquittal vote would occur on Wednesday afternoon — after President Trump’s State of the Union address.

McConnell and Schumer have a deal on this, the senators said.

If impeachment vote is pushed to next week, here's what else is on the schedule

The Senate just voted down a motion that would have allowed witnesses and documents at trial — but what happens next is unclear.

Senators are meeting to discuss the path forward. We’re not sure exactly when the Senate could move on to a final vote on the articles of impeachment against President Trump — but if it’s pushed into next week, it could conflict with several other big political events.

Here’s a reminder of what’s on the schedule for next week:

  • Monday: The Iowa caucuses, which is the first primary election of 2020
  • Tuesday: President Trump’s State of the Union address
  • Friday: Democratic debate in New Hampshire

Democrats want a vote on Wednesday, GOP source says

One GOP source says Democrats offered to go through three amendments tonight — if Senate Majority Leader Mitch McConnell would agree to a vote on Wednesday (after the State of the Union address).

If McConnell doesn’t agree to that offer, Senate Minority Leader Chuck Schumer has threatened essentially to force as many tough votes as he can to inflict political pain on McConnell’s 2020 crowd.

The view for Republicans is that Democrats will want to get to Iowa (remember: the caucuses are on Monday).

The view from Democrats is that the GOP wants Trump cleared ASAP with as little pain to McConnell’s conference as possible.

Most GOP senators want the trial over now, but "the system is the system," Sen. Graham says

When asked how his GOP colleagues feel about staying through the weekend or reconvene next week to finish the impeachment trial, Sen. Lindsey Graham said, “I think most people would like to get over like right now.”

There's a “clash of competing priorities” in talks on how to proceed, source says

A person involved in the floor discussions tells CNN the there are a number of different issues running up against one another in the current negotiations — a “clash of competing priorities.” 

Democrats are looking for a specific number of amendments and attempting to use the State of the Union as a bargaining chip.

Republicans are dealing with their own internal issues while also also trying to use the Iowa caucuses as a bargaining chip.

The discussions got to the point where it was clear no concrete progress would be made until both sides broke and met behind closed doors, so the decision was made to move forward with the vote and recess, the person says.

Marie Yovanovitch retires from State Department

Ambassador Marie Yovanovitch has retired, according to a senior State Department official. It is unclear when she retired, but the official said it was sometime in the last two weeks. 

Yovanovitch was a career foreign service officer for more than 30 years, who was pulled from her post as Ambassador to Ukraine at the order of President Donald Trump. 

Yovanovitch is the fourth top State Department official who has departed in the wake of the Ukraine impeachment inquiry. The others are former US Ambassador to Ukraine Bill Taylor, former Special Representative for Ukraine Kurt Volker, and Michael McKinley, the former senior adviser to Secretary of State Mike Pompeo.

NPR was first to report her retirement, which comes about two months after she provided public testimony as part of the House impeachment inquiry. She said she was “devastated” to find out that Trump had discussed her in such a negative way during his call with President Volodymyr Zelensky in July. She said Trump’s comments about her “sounded like a threat.”

Yovanovtich did meet with diplomatic security after the revelations earlier this month that Robert Hyde and Lev Parnas were discussing surveilling her while she was in Kyiv. That investigation has not yet concluded.

Pompeo has never defended Yovanovitch by name. During an interview in Ukraine today, when asked if he felt any moral tension about Yovanvotich, Pompeo said he did not. 

“We delivered for the President of the United States on a Ukraine policy that will benefit the American people I hope for years and years to come,” Pompeo said in an ABC News interview.

More background on Yovanovitch: In May 2019, Yovanovitch was recalled to Washington, months earlier than expected. The State Department said at the time that Yovanovitch was “concluding her 3-year diplomatic assignment as planned” and that her departure aligned with the presidential transition in Ukraine. 

GOP senator: "We’re still trying to figure out how to land the plane"

The Senate is on recess as Senate leadership try to negotiate a path forward on the impeachment trial.

Republicans are meeting in the Strom Thurmond Room, which is near Senate Majority Leader Mitch McConnell’s office and the Capitol Rotunda on the second floor of the Capitol.

A big part of the debate among Republicans now is when senators would begin floor speeches.

Sen. John Cornyn told CNN Democrats want to try to “embarrass” the President by insisting on a Wednesday acquittal vote — after the State of the Union. Cornyn said they would try to move it up, including potentially with a weekend session.

But the talks will continue.

Asked by reporters what’s next, Sen. John Thune said simply:

Meanwhile, Democrats are meeting in the LBJ Room, their normal meeting room just off the Senate floor.

McConnell says senators will confer on next steps; preparing to conclude trial in "coming days"

Senator Majority Leader Mitch McConnell says senators are discussing the next steps in the impeachment trial. 

Read McConnell’s statement in full below:

A majority of the U.S. Senate has determined that the numerous witnesses and 28,000-plus pages of documents already in evidence are sufficient to judge the House managers’ accusations and end this impeachment trial.

There is no need for the Senate to re-open the investigation which the House Democratic majority chose to conclude and which the Managers themselves continue to describe as “overwhelming” and “beyond any doubt.” Never in Senate history has this body paused an impeachment trial to pursue additional witnesses with unresolved questions of executive privilege that would require protracted litigation. We have no interest in establishing such a new precedent, particularly for individuals whom the House expressly chose not to pursue.

Senators will now confer among ourselves, with the House Managers, and with the President’s counsel to determine next steps as we prepare to conclude the trial in the coming days.

Schumer calls vote against witnesses "a grand tragedy"

After the vote to call witnesses failed, Sen. Chuck Schumer spoke outside the Senate floor calling it “a grand tragedy.” 

“America will remember this day, unfortunately, when the Senate did not live up to its responsibilities, when the Senate turned away from truth and went along with a sham trial,” Schumer said.

He said he will now going back to the Democratic caucus to discuss what they’re going to do next. 

Senators are taking another break to allow for more negotiations

The Senate just voted down a motion to allow witnesses and documents at the trial.

Now, they’re on another break. The recess, announced by Senate Majority Leader Mitch McConnell ahead of the witness vote, will allow more time for more negotiations with Schumer about an endgame to the impeachment trial, reports CNN’s Manu Raju.

We’re still not sure exactly what will happen after the recess.

The vote to have witnesses has failed

The Senate just voted down a motion to compel witnesses and documents at the impeachment trial.

The final vote was 49-51 to defeat the motion.

Republican Sens. Susan Collins and Mitt Romney voted with the senators who caucus with the Democrats in support of the motion.

Watch the moment:

The Senate is back and voting on witnesses

The Senate just came back following a break.

Senate Majority Leader Mitch McConnell announced that they’ll now take the vote on considering witnesses and documents.

Senator Collins is trying to find a "solution" on floor speeches, source says

Sen. Susan Collins is “trying to help come up with a solution here,” a source says.

“She thinks everyone should have an opportunity to state their views on the record — but she’s not looking for extra time for speeches. In fact, she doesn’t care how much time members get. She thinks the speeches can be short,” the source went on.

CNN has reported that GOP senators are split on next steps in the impeachment trial, with some favoring a quick acquittal and others supporting the opportunity for senators to deliver speeches. 

Here's what's happening on the Senate floor right now

As the break continued and Chuck Schumer and Mitch McConnell’s conversation came to a close, McConnell convened with his top aides including his floor director and chief of staff. They were joined by Sens. John Thune, John Cornyn and at one point John Hoeven who seemed most interested in getting a sense of where things stood.

McConnell’s crew convened for several minutes with staff taking turns explaining something to members. Then, Laura Dove, McConnell’s floor director, seemed to seek approval from Thune on something. Once Thune indicated he was in support, she turned to McConnell and then buzzed away.

Meanwhile, a series of bipartisan odd couples were spotted on the floor. After 10 days of intense partisanship, Senators were literally crossing the aisle with Kyrsten Sinema, a closely watched Democrat from Arizona, making her rounds to visit with GOP colleagues including James Lankford, Mitt Romney and Thune (the GOP whip). We still don’t know how Sinema plans to vote on impeachment.

Sen. Lisa Murkowski was seen with Democratic Sen. Brian Schatz. Roy Blunt was with Sheldon Whitehouse, and there appeared to be a very animated conversation between Ted Cruz and Amy Klobuchar that Kristin Wilson spotted through the Democratic cloakroom door.

The Chief Justice could also be spotted chatting up Lindsey Graham.

Closely watched Republicans want a chance to speak on the floor

One of the things being debated right now is whether senators will have the opportunity to speak on the Senate floor before casting votes.

CNN’s Phil Mattingly reports that two closely watched Republicans, Susan Collins of Maine and Lisa Murkowski of Alaska, “have made clear they need to opportunity — or believe they should get the opportunity to speak on the floor to be able to express their views.”

Earlier today, Murkowski announced she is a no on the vote to bring in witnesses and documents. Collins has said she would vote yes for witnesses.

Anderson Cooper will be live here soon. What are your impeachment questions?

Watergate whistleblower John Dean is joining Anderson Cooper to answer your impeachment questions live at 6:30 p.m. ET.

Submit them here and tune in to get caught up on the impeachment trial. It will air at the top of your screen here.

Schumer and McConnell in intense discussion on Senate floor

Senate Minority Leader Chuck Schumer and Majority Leader Mitch McConnell are engaged in a rather intense discussion on the Senate floor ahead of an expected vote on witnesses.

The conversation did not look heated, but did look direct.

The two talked directly with their respective floor generals – Laura Dove on GOP side and Gary Myrick on Democratic side – doing a good chunk of the talking.

They spoke for a good 10 to 12 minutes before Schumer went to go huddle on his side.

Legal teams have finished their debate on witnesses. A crucial vote is imminent.

The Senate just finished debating on whether to compel witnesses and documents. The vote on that question is expected in moments.

Republicans disagree on extending impeachment trial

There is significant frustration among GOP senators who want to close out the impeachment trial and don’t see the value of pushing this into next week. 

On the other side, there are the senators who want an opportunity to express their views on the floor. 

Why this matters: Because McConnell basically can’t do anything without 51 votes and if he doesn’t have them, he’s forced into the scenario that has transpired since this morning – trying to figure out a way to bridge the gap (hence the talk of the supplementary resolution to guide the remainder of the trial).

Add on top of that, the White House desire to get this done before the State of the Union, and Democrats unwillingness to agree to any resolution that doesn’t go beyond that date, and well, here we are.

During the break in proceedings, a number of senators also met with McConnell, including Lisa Murkowski, Susan Collins, Mitt Romney and Lamar Alexander.

Schiff claims Trump's legal team believes the President can be as "corrupt as he chooses under our Constitution"

Lead House impeachment manager Adam Schiff rebuked President Trump’s legal team, claiming White House counsel believes the President “has a God-given right to abuse his power, and there’s nothing you can do about it.”

More on Dershowitz’s role in the trial: Dershowitz argued on the Senate floor Wednesday that – hypothetically – a politician trying to win reelection is acting in the national interest, and therefore a quid pro quo aimed at boosting reelection chances cannot be impeachable.

After those comments, he faced considerable scrutiny from critics who said he was essentially arguing that politicians could do anything in service of reelection because they viewed their reelection as being in the national interest. However, Dershowitz said that’s not what he was arguing and he “never said” a president can do anything to get reelected.

“I have never said that a president can do anything if he believes that his election is in the public interest to get reelected,” Dershowitz told CNN. “That’s simply false.”

Trump's lawyer: "The Senate is not here to do the investigatory work that the House didn't do"

White House legal counsel Patrick Philbin argued for President Trump’s acquittal today, claiming the impeachment “denied all due process.”

Philbin and Trump’s legal team have argued this week that there is no need for more witnesses in the impeachment trial.

Trump's team is now presenting

The President’s attorneys are now making remarks at the trial. They will spend the next couple of hours arguing against calling witnesses and bringing in more evidence.

“The House managers have said throughout their presentation and throughout all of the proceedings here again and again that you can’t have a trial without witnesses and documents, as if it is that simple,” Deputy White House counsel Patrick Philbin began. 

He said this argument by the House is “a trope being used to disguise the real issues.”

The Senate trial has resumed

The senators are back from a break.

Giuliani associate's lawyer sends letter to McConnell detailing potential testimony

Lev Parnas walks to the office of Sen. Chuck Schumer on Capitol Hill in Washington, on Wednesday, January 29.

A lawyer for Lev Parnas, the businessman and associate of Rudy Giuliani, has written to Senate Majority Leader Mitch McConnell detailing some of what his client would say if called to testify in President Trump’s impeachment trial.

Parnas would detail “the efforts he and a handful of Republican operatives engaged in over a period of months, to remove Ambassador Marie Yovanovitch and gather ‘dirt’ on Joe and Hunter Biden,” the lawyer, Joseph Bondy, wrote in the letter.

Schumer says he doesn't want final votes done "in the dark of night"

Minority leader Chuck Schumer just spoke to reporters during the break and said he’s “going to use whatever power we have” to prevent the final votes at the trial from being “rushed through.” 

He continued: “Members have the obligation to tell the American people and tell the people of their states why they’re voting” to convict or acquit the President.

Rep. Jerry Nadler is not on Senate floor today as his wife undergoes cancer treatment

House Judiciary Committee Chairman Jerry Nadler is not on the Senate floor today because he returned home to be with his “wife at this time.”

The announcement today on Twitter follows one made by him on Sunday saying he’d miss parts of the trial to help take care of his ailing wife.

Nadler added: “On Monday, I will be in New York with her to meet with doctors, determine a path forward, and begin her treatment. I am sorry to miss some of the Senate Impeachment Trial, which is of critical importance to our democracy.”

Nadler’s role in the trial: As a House impeachment manager, Nadler is part of a select group of lawmakers acting as prosecutors for House Democrats and arguing the case against Trump in the Ukraine scandal.

The New York Democrat has played a key part in the House managers’ efforts to present a constitutional case for removing Trump from office.

Schiff says a trial "without witnesses is no trial at all"

In his closing remarks this afternoon, Lead House Manager Adam Schiff referenced a report that former White House chief of staff John Kelly said without witnesses the Senate trial is “a job only half done.”

“I have to say I can’t agree” with Kelly, Schiff said. “Trial without witnesses is no trial at all.”

“You know, as well as we, that there are others you should hear from,” he told senators.

The Senate is taking a break

House Majority leader Mitch McConnell just announced a 15-minute break.

Bolton must testify so Trump does not "escape responsibility," House manager says

House manager Zoe Lofgren invoked history on the Senate floor today when calling for a vote to allow national security adviser John Bolton to testify in the impeachment trial.

Lofrgren mentioned how past national security advisers to Presidents George W. Bush, Jimmy Carter and Barack Obama testified in Congressional investigations during their tenure.

Bolton in the spotlight today: Trump ordered Bolton to help with the Ukraine pressure campaign to obtain damaging information, according to a report today from The New York Times, citing an unpublished manuscript of Bolton’s book.

According to the Times, Bolton wrote that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

Trump released a statement following the Times report:

Senators want a chance to speak before end of trial, source says

One source says the big rub here is that members want a chance to speak, and each senator is entitled to 15 minutes.

Sens. Susan Collins and Lisa Murkowksi want a timeframe similar to Clinton trial, which amounted to about three days of deliberations, the source says. Democrats are warning they have a bunch of amendments if that timeframe is not agreed to. 

Remember: The Senate floor will be shut down Tuesday afternoon for a security sweep before the State of the Union.

The White House wants the trial done by the State of the Union, but given the demands of senators to speak, it’s unclear whether McConnell can make that happen. 

Democratic senator called the lack of witnesses "a foregone conclusion"

Sen. Chris Murphy, a Connecticut Democrat, said this morning that he doesn’t believe there is anything Democrats could have done differently to persuade Republican senators to support witnesses in the impeachment trial.

Murphy added that the House impeachment managers “did a fantastic job in making their case.”

“They hit all the right notes,” he said.

Former White House chief of staff: With no witnesses, Senate trial is "a job only half done"

Former White House chief of staff John Kelly is weighing in again on impeachment, now saying if there are no witnesses — which seems almost all but certain — that “it’s a job only half done.” 

 Kelly described Bolton as “a copious note taker.”

Earlier this week: Kelly said he believes John Bolton’ allegation that President Trump told the former national security adviser that US security aid to Ukraine was conditioned on an investigation of the President’s political rivals, adding that Bolton should be heard from.

“If John Bolton says that in the book I believe John Bolton,” Kelly said Monday night when asked about the leaked draft manuscript during remarks at the Ringling College Library Association Town Hall lecture series, according to the Herald Tribune of Sarasota, Florida.

Kelly said Bolton “always gave the President the unvarnished truth” and is a “man of integrity and great character.”

Final vote on acquittal could wait until next week

The final vote to acquit President Trump may be delayed until next week, according to GOP and Democratic sources. 

At this point, it seems unlikely that a final vote to acquit Trump will occur tonight, but things remain extremely fluid.

Senate Majority Leader Mitch McConnell is considering offering a resolution that would structure the final stages of the trial, which could include a final vote as late as Wednesday of next week. This could change because a source familiar says the White House is pushing for a final vote Tuesday — the same day as the State of the Union.

Asked when the final vote would be, Senate Minority Whip Dick Durbin said: “Wednesday of next week. That’s what McConnell is proposing.”

The resolution may set up a process that would allow senators to speak about their views on the floor in an open session. Senators who have not spoken on the floor for days are eager to get a chance to speak.

More on the trial schedule: There’s serious discussion that the Senate will NOT be in session this weekend and the chamber would return Monday to finish up the process, which would include closing arguments from both sides.

This could and is designed — at least in part — to spur talks between McConnell and Democratic Leader Chuck Schumer. 

Republican senators on why they don't want to hear from more witnesses

Sen. Tim Scott arrives at the U.S. Capitol on Thursday, January 30.

Before the impeachment trial gaveled back in this afternoon, Sen. Tim Scott discussed John Bolton’s allegations and why he will vote to acquit President Trump.

And Sen. Shelley Moore Capito argued Democrats didn’t have overwhelming evidence, and they undermined their argument by asking for more witnesses. 

Sen. Rob Portman is a “no” on witnesses  

Sen. Rob Portman, another potential swing vote, said he will vote “no” on witnesses today.

The Republican from Ohio said in a statement: “I do not believe that additional witnesses are needed.” 

Portman continued: “I have said consistently for the past four months, since the Zelensky transcript was first released, that I believe that some of the President’s actions in this case – including asking a foreign country to investigate a potential political opponent and the delay of aid to Ukraine – were wrong and inappropriate. But I do not believe that the President’s actions rise to the level of removing a duly-elected president from office and taking him off the ballot in the middle of an election.”

Why this matters: The Senate needs 51 votes to approve a motion to have witnesses. If all 47 senators who caucus with the Democrats vote for witnesses, at least four Republicans would need to join them to pass a motion.

Here's Sen. Murkowski's statement on her no vote

GOP Sen. Lisa Murkowski, who just announced she’d vote no for witnesses and documents at the impeachment trial, has released a statement on her rationale.

Murkowski was one of four key senators we had been watching. She and Sen. Lamar Alexander said they will vote no, while Sens. Susan Collins and Mitt Romney will vote yes.

Here’s her full statement:

Schiff on New York Times report: "Let's put John Bolton under oath. Let's find out who is telling the truth."

Lead House impeachment manager Adam Schiff used his opening remarks this afternoon in the impeachment trial to address the New York Times report that claims the President ordered former national security adviser John Bolton to help with the Ukraine pressure campaign to obtain damaging information.

Schiff added: “So here you have the President saying John Bolton is not telling the truth. Let’s find out. Let’s put John Bolton under oath. Let’s find out who is telling the truth. A trial is supposed to be a quest for the truth. Let’s not fear what we will learn,” Schiff added.

According to the Times, Bolton wrote in a manuscript that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

The Times reported:

The Senate begins 4-hour debate on witnesses and documents

Chief Justice John Roberts just announced there will now be “up to four hours of argument by the parties, equally divided, on the question of whether or not it shall be in order to consider and debate under the impeachment rules any motion to subpoena witnesses or documents.”

The House managers are arguing in favor of witnesses and documents, while Trump’s attorneys are arguing against it.

Mitch McConnell said the Senate would take a break about two hours into the debate. 

Another key GOP senator will vote no on Senate witnesses

Sen. Lisa Murkowski, a Republican from Alaska, has indicated she will vote no on having witnesses appear during the Senate trial, according to her office today.

More on Murkowski’s importance in the trial: Murkowski was one of three GOP senators who hinted they might vote to have witnesses. The other two — Sens. Susan Collins and Mitt Romney — have said they will vote yes.

The Senate needs 51 votes to approve a motion to have witnesses. If all 47 senators who caucus with the Democrats vote for witnesses, at least four Republicans would need to join them to pass a motion.

Republican senator: “Lamar speaks for lots and lots of us”

Republican Sen. Ben Sasse, who has not said much during the trial, told reporters: “Let me be clear, Lamar speaks for lots and lots of us.”

What this is about: Last night, Sen. Lamar Alexander, Republican from Tennessee and a potential swing vote, announced that he will vote no on hearing from witnesses at the trial.

When CNN’s Manu Raju asked if he believes Trump acted inappropriately, Sasse didn’t answer and walked away.

The Senate trial is back in session

The Senate is back in session. We’re expecting there will be four hours of debate on the question of whether to compel witnesses and documents.

The vote on that key question is expected between 5 p.m. and 6 p.m. ET. If the GOP blocks the motion — which seems likely — they could move to cast final votes on the two articles of impeachment.

Trump releases statement following New York Times report on Bolton manuscript

President Trump has released a statement about a New York Times report that claims the President ordered former national security adviser John Bolton to help with the Ukraine pressure campaign to obtain damaging information.

Earlier today: The report from the Times cites an unpublished manuscript of Bolton’s book. CNN has not seen a copy of the manuscript.

According to the Times, Bolton wrote that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

The Times reported:

Democrats plan to offer a number of amendments, source says

A source familiar tells CNN that Democrats are debating their amendment strategy at lunch right now — and it’s clear that Democrats are not concerned if the trial drags out until next week, as the GOP is threatening.

They do plan to offer a number amendments but it’s unclear how many.

New York Times: Bolton's book says Trump ordered him to help with pressure campaign in May

President Trump ordered former national security adviser John Bolton to help with the Ukraine pressure campaign to obtain damaging information, according to a new report from The New York Times, citing an unpublished manuscript of Bolton’s book.

CNN has not seen a copy of the manuscript.

According to the Times, Bolton wrote that Trump gave him the instructions in May. The conversation also included acting White House chief of staff Mick Mulvaney, Trump’s lawyer Rudy Giuliani and White House lawyer Pat Cipollone.

The Times reported:

Hear the latest details:

The White House is preparing for possibility that impeachment trial could drag into next week

A White House official tells CNN it is possible that the Senate impeachment trial could drag into next week, and that aides are preparing for that potential.

Remember: We’re not sure exactly when the trial could end. GOP sources and senators have said Trump is likely to be acquitted in the early morning hours of Saturday, but timing is fluid.

Republicans are gauging how quickly they can end the trial

Senate GOP leaders want to end the trial quickly once the witness vote goes down. But they need 51 votes to do anything.

What’s happening right now is leadership is trying to gauge how quickly they can end without drawing objections from several members of the conference, specifically on the issue of deliberations, according to two sources.

We’ve long noted that deliberations — which would take place in closed session — are a wild card, with GOP leaders saying they’d like to move without them. But they’d need 51 votes to do that.

Add into that uncertainty about how many motions Democrats will offer and the timing for the final vote is very fluid at the moment.

Part of what’s happening right now is a warning shot: If you want these things, it means this could run into the Iowa caucuses and and beyond the State of the Union.

The ongoing GOP and Democratic lunches should add some more clarity to things, and McConnell will likely address this at some point.

More context on Cornyn’s warning: Moments ago, Sen. John Cornyn warned that the trial could extend past today. 

One of his aides explained that Cornyn is saying that if Democrats choose to drag this out super late tonight, Republicans will adjourn for the day and come back Saturday. If Democrats do the same dilatory tactics on Saturday, Republicans will adjourn and come back Monday — which is Iowa caucus day.  

Right now we don’t know how late Democrats want to drag things out, nor what the GOP’s threshold is for triggering adjournment.

Republican says Trump's call was not perfect, but isn't impeachable

Republican Sen. Pat Toomey told CNN that while Trump’s phone call with Ukraine’s president — which is at the center of the articles of impeachment — is not perfect, it doesn’t rise to the level of impeachment.

Toomey added that he is writing an op-ed explaining his rationale. 

He added that witnesses “don’t add anything that is necessary at this point” in the trial.

GOP senator explains how the trial could continue into next week

GOP Senator John Cornyn appeared to warn that if Democrats do not reach an agreement to vote on the articles tonight then it could potentially drag over into next week and bump into the Iowa caucuses and the State of the Union address. 

Senator John Cornyn also reacted to Sen. Lamar Alexander’s no vote on Senate witnesses, saying: “We always knew this was going to be a cliff hanger,” he said.

“We have some very independent thinkers in the Republican caucus, and I think Senator Alexander’s statement was a principled one and makes the important point that if impeachments become routine then we might as well call off elections,” he said.

Schumer: Without witnesses, "this country is headed towards the greatest cover-up since Watergate"

Senate Minority Leader Chuck Schumer said that if Republicans vote against having witnesses and documents at trial, the US is “headed towards the greatest cover-up since Watergate.”

“It is deeply disturbing that on something of such importance to the future of our democracy, a few of my Republican colleagues announced last night they vote against hearing additional evidence,” he said.

Schumer added that a majority of Americans want to see witnesses at the impeachment trial.

“It is clear where the American people stand on the issue. Republican senators who decide to go against the will of the people will have to reckon with it,” Schumer said.

He added:

Red state Democrat says he's "pretty close" to decision on impeachment

Sen. Doug Jones, a vulnerable Democrat from Alabama, said he is “pretty close” to making a decision on if he’ll vote on convicting President Trump, but he told CNN: “I gotta get my head straight and go from there.”

He declined to say where he was leaning.

Meanwhile, here are today’s top stories other than impeachment

President Trump’s impeachment trial continues in Washington today but, The Brief’s Bianca Nobilo has been keeping track of the day’s headlines outside Capitol Hill.

 Here’s what you need to know:

  • Brexit Day: Today, Britain will leave the European Union, more than three and a half years after voting to do so. Brexit supporters will celebrate in Westminster this evening and UK Prime Minister Boris Johnson will address the nation from Downing Street.
  • Coronavirus in the UK: The first two cases of the infection have been confirmed in Britain, as the virus spreads globally. There are now more than 140 cases of coronavirus outside mainland China, where the infection first emerged. At least 213 people have died from the virus, with almost 10,000 cases confirmed worldwide.
  • Mike Pompeo in Ukraine: The US Secretary of State met with President Zelensky in Kiev. The diplomat said that a visit to Washington for Ukraine’s leader was not conditioned on Kiev launching an investigation into Hunter Biden, an issue at the heart of President Trump’s impeachment trial.

Watch more:

How key GOP senators are voting on witnesses

It will take 51 votes in the Senate to either approve witnesses or block them from testifying.

Right now, it seems likely that the GOP has the votes — at least four Republicans senators would need to vote with the 47 senators who caucus with the Democrats in order to pass a motion for witnesses.

After Sen. Lamar Alexander announced he’d vote against witnesses last night, it comes down to three key Republicans. Here’s where they stand now:

Yes:

  • Sen. Susan Collins
  • Sen. Mitt Romney

Undecided:

  • Sen. Lisa Murkowski

GOP senator voting against witnesses says "an error in judgment" doesn't call for impeachment

Sen. Lamar Alexander just spoke to a small group of reporters about his decision to vote against witnesses and documents.

“I concluded after nine long days, and hearing 200 video clips of witnesses from the House, I didn’t need any more evidence, because I thought it was proof the President did what he was charged with doing, but it didn’t rise to the level of an impeachable offense. I didn’t need any more evidence to make my decision,” he said.

He said he made his decision about the vote during this past week.

“I thought about it, but I wanted to wait until the very last minute because around here you never know what might happen. You might get a surprise during the question and answer period,” he said.

CNN asked him about the distinction he made between inappropriate conduct and impeachable conduct. Here’s how he responded:

Alexander said he thinks it was “inappropriate and wrong for the President to do what he did — and I think it was proved.”

He added: “The question is whether you apply capital punishment to every offense. And I think in this case, I think the answer is no, let the people make that decision… and especially since the election begins Monday.”

What's on the President's schedule today

As the Senate continues with the impeachment trial today, President Trump is expected to sign an executive order to combat human trafficking and then head to Florida. 

The order will create a new position within the domestic policy council that will be “solely devoted to human trafficking,” Director of Domestic Policy Council Joe Grogan told reporters today. 

The White House is hosting a two-hour summit on human trafficking to mark the 20th anniversary of the trafficking victims protection act. Trump will deliver remarks at the summit around 12:15 p.m. ET.

 Afterward, the President and first lady Melania Trump will head to Trump’s Mar-a-Lago resort in Florida, according to the White House schedule.

We’ll see the Trumps leaving the White House around 4 p.m. ET on their way to Florida. Trump often stops to talk to reporters when he’s leaving the White House — although we’re not sure if he’ll do so today.

Trump will be acquitted early tomorrow morning, GOP sources say

The Senate gavels into session at 1 p.m. ET. And while we’re not sure exactly how the day will play out (see more on that in the post below this one), we expect President Trump to be acquitted by the end of the session.

More specifically: Trump will be acquitted in the early morning hours of Saturday, according to GOP senators and aides.

And while the actual end-game was never in doubt — the President was always going to be acquitted — it’s jarring that the more than four months of investigations, inquiry, impeachment and trial will come to a sudden (and rather anti-climactic) end. 

Consider Majority Leader Mitch McConnell’s departing words last night:

We still don't know exactly what will happen after the witness vote

Senators are expected to vote this evening on the question of whether to compel witnesses and documents. We’re expecting that vote to fail: Republicans seem to have the vote to block the motion.

But what follows the witness vote is very, very fluid.

Here are a couple of things to keep in mind, with the caveat that seriously — this is fluid. Both sides were still trying to figure it out last night: 

  • Expect both parties to meet separately after the vote to plot their way forward. 
  • When they return, expect Majority Leader Mitch McConnell to offer a motion to move to final judgment
  • That motion is amendable, and there’s no expectation Minority Leader Chuck Schumer and Democrats will simply just let the trial end without a fight. So get ready for amendments — and the hours of debate that comes with them.
  • At some point Democrats will relent, at which point senators will have to decide whether they want to go into deliberations (which would be in closed session.) GOP leaders are leaning heavily on this not happening, but it’s possible. 
  • The vote on the articles would occur, separately, with each senator being called in alphabetical order, standing and reading their judgment of “Guilty” or “Not guilty” aloud. 

Remember: Things just aren’t locked into place yet, but rest assured, once the chamber gavels into session today, it will not adjourn until the President is acquitted.

Don't expect Chief Justice John Roberts to break a tie

It’s possible that the vote on witnesses and documents could end in a 50-50 tie.

Democrats need four GOP senators to join them to get to a 51-vote majority, but right now only two — Sens. Mitt Romney and Susan Collins — have said they’ll vote for witnesses. A third, Sen. Lisa Murkowski, is still undecided.

So will Chief Justice John Roberts break a tie? No. Seriously, the answer is no.

Is there precedent? Yes, see Andrew Johnson’s impeachment. Is that going to happen here? Nothing has signaled yes. And there are more than a few Democrats CNN has spoken to don’t want it to happen out of concern for future precedent. 

And yet: It’s a genuine issue senators have been trying to figure out. In fact, multiple people said it was a central topic of discussion at the closed door Senate GOP lunch yesterday.

The way the discussion transpired, according to one person in the room, appeared to be intended to press Republicans not to end up in the situation.

“It was made clear that it would just be easier to avoid 50-50,” the person said. 

Whether that happens is now up to Murkowski.

4 key events we're watching in the Senate impeachment trial today

It could be the final day of the impeachment trial of President Trump: If the GOP blocks a motion to compel witnesses and documents — which seems likely — they could move to cast final votes on the two articles of impeachment.

Here’s what we’re watching today:

  • 11 a.m. ET: Senate Democratic Leader Chuck Schumer holds a news conference, where he’ll likely address impeachment.
  • 11:30 p.m. and noon ET: The Senate will have its closed-door lunches.
  • 1 p.m. ET: The Senate impeachment trial of President Trump gavels into session.
  • 5 to 6 p.m. ET: The Senate is expected to vote on considering subpoenas for witnesses and documents.

It's a big day for impeachment. Here's what to expect.

The Senate impeachment trial of President Trump resumes at 1 p.m. ET today.

Here’s how the day will play out:

  • Witness debate: The Senate will immediately begin four hours of debate — equally divided between the House managers and the defense counsel — on the question of whether to compel witnesses and documents. 
  • Witness vote: The vote on that key question is expected sometime between 5 p.m. and 6 p.m. ET. 
  • If they vote for witnesses: If at least four Republican senators vote in favor of calling witnesses – which seems highly unlikely now that Sen. Lamar Alexander said he will vote against witnesses but can’t be ruled out until the vote happens — the Senate would then move to what could be a complicated and lengthy process of voting on which witnesses and which evidence to subpoena. 
  • If they vote against witnesses: If GOP leaders successfully block witnesses and documents, they say they will press late into the night and into early Saturday morning to try to cast final votes on the two articles of impeachment before adjourning. 
  • Closing arguments: At some point, Majority Leader Mitch McConnell is expected to make a motion to go to final votes on the articles, and the House managers and defense lawyers would have an opportunity to make their closing arguments. They might get an hour per side, which is the normal debate time for a motion like this, but there could be an agreement to make that time longer or shorter. 
  • Possible closed-door session: After closing arguments, it’s possible senators will want to go into closed-session to deliberate before voting.  
  • The final vote: Senators will vote on the two articles separately, with each senator announcing their decision from their desks. A two-thirds majority – 67 votes – is required by the constitution to convict and remove the Trump, a tally no one expects to be reached.
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