Donald Trump acquitted in second impeachment trial

By Meg Wagner, Melissa Mahtani, Melissa Macaya and Veronica Rocha, CNN

Updated 2306 GMT (0706 HKT) February 13, 2021
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10:52 a.m. ET, February 13, 2021

Trump's team surprised by turn of events this morning

From CNN's Pamela Brown and Kaitlan Collins

People on former President Trump’s impeachment team are surprised by the turn of events this morning. Some who have been helping the team had been making travel plans to leave on Monday, according to a source familiar.

As of 9 a.m. ET this morning the team was under the impression there would be no witnesses. Now, the source groaned “it will never end.” 

Another source confirmed they're shocked by this development. While they had floated having a list of witnesses, they hadn't prepared a real list, the source said. They're huddling now on the phone with other aides about how to proceed. 

10:56 a.m. ET, February 13, 2021

Senate votes to call witnesses in impeachment trial

Senate TV
Senate TV

A majority of senators have voted to call witnesses in the second impeachment trial of former President Trump.

The vote was 55 to 45. Five Republicans voted alongside Democrats to pass the motion.

They were Sens. Susan Collins, Lisa Murkowski, Mitt Romney Ben Sasse and Sen. Lindsey Graham.

Graham, a Republican from South Carolina and staunch Trump ally, changed his vote to "aye" at the last minute – presumably to support Trump's lawyers also calling witnesses in addition to the impeachment managers' request.

The Senate was poised to vote Saturday on whether to convict Trump for inciting the insurrection at the US Capitol last month, but the Democrats' desire for witnesses means the trial is likely to extend beyond Saturday, though senators must vote to approve any witnesses or subpoenas.

Watch:

10:47 a.m. ET, February 13, 2021

Sen. Graham switches vote to support calling witnesses

From CNN's Adrienne Vogt

Jabin Botsford/Pool/Getty Images
Jabin Botsford/Pool/Getty Images

South Carolina Republican and staunch Trump ally Sen. Lindsey Graham changed his vote to "aye" in favor of calling witnesses during former President Trump's impeachment trial.

Five Republicans, including Graham, voted in favor of calling witnesses.

Watch:

10:29 a.m. ET, February 13, 2021

The Senate is voting on whether to call witnesses

Seators are now voting on if witnesses should be called in the second impeachment trial of former President Trump.

Lead impeach manager Jamie Raskin moments ago announced that they'd like to subpoena at lest one witness: Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump, where the former President said the rioters cared more about the election results than McCarthy did.

10:38 a.m. ET, February 13, 2021

Trump defense attorney said he would need "at least over 100 depositions" if witnesses are called

From CNN's Adrienne Vogt

After House managers said they would like to seek witnesses at former President Trump’s second impeachment trial, Trump’s defense attorney said he’s “going to need at least over 100 depositions, not just one.”

The House impeachment managers are seeking to subpoena Rep. Jaime Herrera Beutler, a Republican from Washington state, after she described a call that House Minority Leader Kevin McCarthy had with Trump on the day of the riot. In that call Trump reportedly said the rioters cared more about the election results than McCarthy did and refused to act.

“After what happened here in this chamber yesterday, the House managers realized they did not investigate this case before bringing the impeachment, they did not give the proper consideration and work, they didn't put the work in that was necessary to impeach the former president,” Trump’s defense attorney Michael van der Veen said. 

“But if they want to have witnesses, I'm going to need at least over 100 depositions, not just one. The real issue is incitement,” van der Veen said. 

“Do not handcuff me by limiting the number of witnesses that I can have,” he added.

Van der Veen said the case should be closed out today.

“Don't, please, in all fairness and in all due process, do not limit my ability to discover, discover, discover the truth. That would be another sham and that's the president's position, my position,” van der Veen said. 

Watch:

10:27 a.m. ET, February 13, 2021

House managers ask to call witnesses

Senate TV
Senate TV

Rep. Jamie Raskin just announced that House managers are seeking to subpoena Rep. Jaime Herrera Beutler, a House Republican who first revealed a conversation between House Republican leader Kevin McCarthy and Trump, where the former President said the rioters cared more about the election results than McCarthy did.

Beutler mentioned the conversation in a town hall earlier this week, and it was confirmed to CNN by Herrera Beutler and other Republicans briefed on the conversation.

"You have to look at what he did during the insurrection to confirm where his mind was at," Herrera Beutler, one of 10 House Republicans who voted last month to impeach Trump, told CNN. "That line right there demonstrates to me that either he didn't care, which is impeachable, because you cannot allow an attack on your soil, or he wanted it to happen and was OK with it, which makes me so angry."

"We should never stand for that, for any reason, under any party flag," she added, voicing her extreme frustration: "I'm trying really hard not to say the F-word."

Herrera Beutler went a step further on Friday night, calling on others to speak up about any other details they might know regarding conversations Trump and Pence had on Jan. 6.

Watch:

10:21 a.m. ET, February 13, 2021

This Democratic senator doesn't support calling witnesses

From CNN's Sarah Fortinsky via pool reports

Sen. Mazie Hirono, a Democrat from Hawaii, said she does not support calling witnesses since it likely won't change any minds.

"If I thought any further witnesses would change any Republican minds, I'd say go for it, but I don't think so," Hirono said. 

"When Mitch McConnell told his caucus, 'vote your conscience,' that means vote your political interests," she said. "I think the American people are already pretty much convinced if anybody was paying attention," Hirono added.

10:19 a.m. ET, February 13, 2021

Democratic senator "incredulous" testimony hasn't changed more minds

From CNN's Lauren Fox

Sen. Sherrod Brown, a Democrat from Ohio, told reporters that he’s “incredulous” that the testimony this week hasn’t changed more minds, but “I’ve watched my spineless colleagues walk around with fear in their eyes for four years so maybe I shouldn’t be surprised.”

He added that he just doesn’t know if witnesses would really make a difference at this point, but it’s up to House managers. 

10:28 a.m. ET, February 13, 2021

This GOP senator says he would support calling witnesses

From CNN's Ali Zaslav and Clare Foran 

Mandel Ngan/AFP/Getty Images
Mandel Ngan/AFP/Getty Images

Sen. Mitt Romney, a Republican from Utah, said he would be open to witnesses if lawyers on either side want to call them.

“I will support additional witnesses if the counsel on either side wishes to call witnesses,” when asked if he would want to hear from House GOP leader Kevin McCarthy as a witness. 

“That’s up to the respective counsel to decide which elements to bring into the deliberation,” he said when asked by CNN about new revelations about the call between McCarthy and former President Trump and if he wants to hear more.