WATCH LIVE: Second day of impeachment trial of President Trump

WATCH LIVE: Second day of impeachment trial of President Trump

After nearly 13 hours of debate, 11 attempts at amendments and an admonition by the Chief Justice of the U.S. Supreme Court, the rules to govern the impeachment trial of President Donald Trump were passed early Wednesday along party lines.

The vote on the organizing resolution introduced by Senate Majority Leader Mitch McConnell, R-Kentucky, came just before 2 a.m. Wednesday.

The final version of the rules that McConnell submitted Tuesday morning remained unchanged despite numerous attempts by Democrats to amend the rules to allow for everything from requiring Roberts to rule on motions to subpoena witnesses to calling former national security advisor John Bolton to testify.

Under the rules passed Wednesday, House managers and Trump’s lawyers each will have 24 hours to argue their cases. The opening arguments are scheduled to begin Wednesday. Each side will have 24 hours over three days to outline their cases.

After both sides present their arguments, senators will then have 16 hours to ask questions. The questions must be submitted in writing, per the rules of impeachment.

After opening arguments and questions from senators, the Senate will consider whether to subpoena additional witnesses or documents.

The trial will resume at 1 p.m. ET. Follow along with live updates here beginning at noon.

Live updates 

11:50 a.m. ET Jan 22, 2020: Welcome back to live updates from the impeachment trial of President Donald Trump. The trial begins at 1 p.m. ET.

End of Day One

The Senate is adjourned

1:51 a.m. ET Jan. 22, 2020: The Senate adjourns just short of 2 a.m. The Senate will reconvene at 1 p.m. Wednesday afternoon. Come back here at noon for the beginning of live updates.

Resolution vote

1:43 a.m ET Jan. 22, 2020: The vote is being taken on McConnell's resolution. It passes 53-47.

The amendment is tabled

1:40 a.m. ET Jan. 22, 2020: Again the amendment is tabled on a 53 to 47 vote.

A vote on the amendment

1:37 a.m. ET Jan. 22, 2020: McConnell makes a motion to table the amendment. The roll call vote is being conducted now.

The last amendment of the night is offered

1:30 p.m. ET Jan. 22, 2020: In essence, the amendment says that Roberts will decide who is relevant to testify if witnesses are subpoenaed.

The amendment is tabled

1:29 p.m. ET Jan. 22, 2020: The amendment is tabled on a 52-48 vote. Sen. Susan Collins voted with the Democrats.

Another amendment is introduced; voted on

1:23 p.m. ET Jan. 22, 2020: The amendment addresses the timing of written responses. The House managers are for it, the White House counsel is against it. The roll call vote is going on now.

The amendment is tabled

1:17 p.m. ET Jan. 22, 2020: Again the amendment is tabled on a 53 to 47 vote.

A vote on the ninth amendment

1:14 a.m. ET Jan. 22, 2020: McConnell makes a motion to table the amendment. The roll call vote is being conducted now.

A ninth amendment is introduced

1:05 a.m. ET Jan. 22, 2020: The amendment looks to change the resolution by saying witnesses need to be available to testify in person and not just rely on a deposition for testimony.

The amendment is tabled

12:59 a.m. ET Jan. 22, 2020: Again the amendment is tabled on a 53 to 47 vote.

A vote on the amendment

12:57 a.m. ET Jan. 22, 2020: McConnell makes a motion to table the amendment. The roll call vote is being conducted now.

An admonishment from Roberts

12:58 a.m. ET Jan. 22, 2020: Roberts scolds both House managers and White House counsel to "remember where they are" after a contentious exchange between the two sides.

‘We don’t deserve that’

12:41 a.m. ET Jan. 22, 2020: Cipollone says Nadler made false allegations about the White House counsel, the president and the members of the Senate. "We don't deserve that," Cipollone said.

“They ask you to do something they didn’t do themselves then accuse you of a coverup when you don’t do it,” Cipollone said.y

He says the Democrats have spent the day complaining that the can’t make their case.

Sekulow slams him for calling executive privilege “nonsense.”

Bolton was ‘personally involved,’ Nadler says

12:21 p.m. ET Jan. 22, 2020: House manager Jerry Nadler is making the case for a subpoena to be issued to John Bolton.

Nadler says Bolton’s attorney has told House investigators that Bolton was “personally involved” in many of the issues that are related to the articles of impeachment.

The eighth amendment is introduced

12:04 a.m. ET Jan. 22, 2020: Schumer offers his eighth amendment to McConnell's resolution. The amendment is a request to subpoena former White House chief of staff John Bolton.

The amendment is tabled

11:59 p.m. ET Jan. 21, 2020: Again the amendment is tabled on a 53 to 47 vote.

A vote on the amendment

11:57 p.m. ET Jan. 21, 2020: McConnell makes a motion to table the amendment. The roll call vote is being conducted now.

The arguments begin on the seventh amendment

11:45 p.m. ET Jan. 21, 2020: The arguments have restarted as the seventh amendment to McConnell's resolution is being considered. It is a request for evidence to be shared with both sides so one side does not have an unfair advantage.

Schiff gives a relatively short defense of the amendment that is an argument over how evidence and subpoenas should be dealt with.

Sekulow responds to Schiff’s argument by saying that the Democrats should be happy that this matter was not brought before a grand jury.

A seventh amendment is requested

11:23 p.m. ET Jan. 21, 2020: McConnell requests a five-minute break after Schumer introduces his seventh amendment of the day.

11:16 p.m. ET Jan. 21, 2020: Schumer's sixth amendment has been tabled on a party-line vote, 53-47.

Roll call vote on tabling the amendment

11:12 p.m. ET Jan. 21, 2020: McConnell asks for the amendment to be tabled. The vote is taking place now.

Blair and Duffy and subpoenas

11:05 p.m. ET Jan. 21, 2020: House manager Sylvia Garcia has finished her argument for the amendment naming the reasons Blair and Duffy need to testify about their role in holding up military aid to Ukraine in exchange for an announcement of an investigation into the Bidens.

Pam Bondi, former Florida attorney general, immediately challenges Garcia’s presentation saying she has some fact errors in her defense of the amendment.

Bondi goes on to slam the House impeachment inquiry as a “one-sided circus." She says the House did not go to court to get a ruling on subpoenas for Duffy and Blair because they did not want to have a judge tell them they are trampling on the rights of the two men.

The amendment is tabled

10:30 p.m. ET Jan. 21, 2020: For the fifth time tonight, one of Schumer's amendments have been tabled on a party-line vote, 53-47.

10:10 p.m. ET Jan. 21, 2020: Crow finishes his defense of the amendment that calls for subpoenas from the Department of Defense by talking about soldiers in Ukraine waking up to face Russian forces this morning.

Patrick Philbin is back to speak against the amendment, slamming the House for their work product -- the articles of impeachment -- and the results of the inquiry.

A Biden for a Bolden?

10 p.m. ET Jan. 21, 2020The Washington Post is reporting that Democrats are considering allowing Republicans to call Vice President Joe Biden's son, Hunter Biden, as a witness. The deal, the Post reports, would come in exchange for testimony from John Bolden or one of the other three witnesses Democrats wish to question.

A fifth amendment

9:40 p.m. ET Jan. 21, 2020: Schumer puts forth a fifth amendment to subpoena Department of Defense documents. The amendment is being read now.

Following the reading, each side will have one hour to speak in support or against the amendment.

No deal on bundling

9:30 p.m. ET Jan. 21, 2020: McConnell tries to broker a deal with Schumer to put all the amendments together and deal with them at one time. Schumer says he does not want to bundle them and is willing to have the votes on amendments continue tomorrow.

McConnell calls for a quorum -- or a vote on attendance.

A vote on the amendment

9:22 p.m. ET Jan. 21, 2020: The arguments on the fourth amendment -- to subpoena Mick Mulvaney -- have ended and McConnell has called for the amendment to be tabled. A roll call vote is underway.

“Can we please start?”

9:05 p.m. ET Jan. 21, 2020: Michael Purpura, deputy counsel to the president, refutes Jeffries' claims saying that Mulvaney did nothing wrong because withholding aid was not wrong.

Cipollone is complaining that the proceedings are going on too long. “They haven’t even started,” Cipollone said of the House managers.

“Can we please start?” Cipollone says of the way the day’s arguments have gone.

Mulvaney knew about the military aid early on, Jeffries claims

8:48 p.m. ET Jan. 21, 2020: Jefferies lays out a case that says Mulvaney not only knew about what was going on with military aid being withheld from Ukraine but had a hand in making sure the aid was withheld.

The trial is back in session

8:15 p.m. Et Jan. 21, 2020: The trial has reconvened and Rep. Hakeem Jefferies is speaking. He is arguing in favor of subpoenaing Mulvaney.

Mulvaney refused to answer a subpoena from the House.

President Trump, who is in Europe, has tweeted once today about the proceedings.

Vote on the third amendment and a recess

7:25 p.m. ET Jan. 21, 2020: McConnell calls for a vote to table the third amendment. It passes on a 53-47 party-line vote.

Schumer proposes a fourth amendment to the resolution to subpoena acting chief of staff Mick Mulvaney.

McConnell calls for a 30-minute recess.

The aid to Ukraine

7:05 p.m. ET Jan. 21, 2020: The aid that was provided to Ukraine included lethal weapons, something the previous administration failed to do, Sekulow said after Crow finished a detailed trail of email between DOD and OMB officials.

Crow repeated that he knows what it feels like to not have the equipment you need in combat. Sekulow said the aid Crow is talking about was for future expenditures, it was not for current spending.

Crow responded to Sekulow saying that in combat, delays matter, and that it was Congress that got the aid to Ukraine by passing another law.

Schiff says the argument that Ukraine eventually got the aid is a bad one since they got the aid because Trump “got caught.”

Sekulow ends his response by saying, “This all started with a whistleblower. Where is that whistleblower.”

A third amendment that will be tabled

6: 45 p.m. ET Jan. 21, 2020: McConnell let the senators know that after the arguments for and against Schumer's amendment for documents from the Department of Defense and the Office of Management and Budget he will move to table that amendment and break for 30 minutes for dinner.

In the meantime, House manager Rep. Jason Crow is pitching the argument for the amendment. He says the search for documents about funding military action is close to his heart as he was a soldier in the Middle East.

The second amendment from Schumer is tabled

6:31 p.m. ET Jan. 21, 2020: The amendment is tabled again along party lines -- 53-47. A third amendment is introduced by Schumer. Two hours of debate on the amendment will begin soon.

The vote on the second amendment

6:29 p.m. ET Jan. 21, 2020: After a short response from Sekulow to Demings' presentation and a longer response to Sekulow from Schiff, a motion to table the amendment is called by McConnell.

Demings ends her defense

6:04 p.m ET Jan. 21, 2020: Demings goes over the testimony of diplomats connected to Ukraine and what she describes as their disbelief over Trump's actions.

She showed text messages between U.S. envoy to Ukraine Kurt Volker and U.S. diplomat Bill Taylor, where, Demings said, the quid pro quo was discussed.

Collins says she is in on witnesses

The trial has resumed

5:18 p.m. ET Jan. 21, 2020: Rep. Val Demings from Florida is speaking on behalf of Schumer's amendment to issue subpoena's to the State Department. She has one hour to make her case in favor of the amendment.

She is stressing that there is ample evidence, including Trump’s own statements, to point to Trump’s wrongdoing. She says there is even more evidence that State Department officials knew a quid pro quo was happening with Ukrainian officials.

Demings is the former chief of police for the Orlando Police Department. She is the first woman to hold that position.

Another recess

4:48 p.m. ET Jan. 21, 2020: A short recess is called before the arguments for and against the second amendment are started.

The amendment is tabled

4:40 p.m. ET Jan. 21, 2020: The vote to table the amendment passes 53-47, falling along party lines. The amendment is tabled, or set aside.

An amendment to subpoena records from the State Department is put forth by Schumer. It is being read now

The vote on the amendment

4:35 p.m. ET Jan. 21, 2020: McConnell rises to ask that the amendment be tabled - or to end any further debate on the matter, killing the amendment. The clerk is calling the roll now.

Lofgren finishes her presentation

4:12 p.m. ET Jan. 21, 2020: Lofgren has completed her defense of the Schumer amendment. She took nearly one hour to do so. Now, Patrick Philbin, a member of Trump's legal team, is responding.

Philbin says the Democrats are not ready to continue in a trial if they are still looking for evidence to be presented. What the House is doing, Philbin says, is asking the Senate to do their job for them.

Philbin says subpoenas issued by the House were invalid since there was no vote to launch an impeachment investigation.

Philbin says that the issue is not whether the Senate will consider if there will be witnesses, but when there may be witnesses. He repeats that the House should be able to make a presentation that they have spent weeks on

 

3:33 p.m. ET Jan. 21, 2020: Lofgren is speaking in favor of Schumer's amendment. She says the most important documentary evidence will be found at the White House and that is why Trump wants them to remain "hidden."

She is now giving senate members a history lesson on impeachment and how witnesses and documentary evidence were part of the trials of the past.

Schiff responds to Cipollone’s response to his presentation

3:30 p.m. ET Jan. 21, 2020: After the break, Schiff is recognized to speak in favor of Schumer's resolution. He goes on the attack against the president's attorneys saying they have no defense of McConnell's resolution.

Schiff says he won’t call Cipollone a liar when he said Trump’s attorneys were not allowed to attend private depositions, but that Cipollone was “mistaken.”

Lindsey Graham responds to Schiff’s presentation

Rep. Zoe Lofgren is speaking

3:33 p.m. ET Jan. 21, 2020: Lofgren is speaking in favor of Schumer's amendment. She says the most important documentary evidence will be found at the White House and that is why Trump wants them to remain "hidden."

She is now giving senate members a history lesson on impeachment and how witnesses and documentary evidence were part of the trials of the past.

Schiff responds to Cipollone’s response to his presentation

3:30 p.m. ET Jan. 21, 2020: After the break, Schiff is recognized to speak in favor of Schumer's resolution. He goes on the attack against the president's attorneys saying they have no defense of McConnell's resolution.

Schiff says he won’t call Cipollone a liar when he said Trump’s attorneys were not allowed to attend private depositions, but that Cipollone was “mistaken.”

Lindsey Graham responds to Schiff’s presentation

 

After the break

3:11 p.m. ET Jan. 21, 2020: When the senators return from the break they will hear arguments for and against Schumer's amendment to subpoena the White House for documents. The debate can last for two hours.

A short break

2:53 p.m. ET Jan. 21, 2020: Schumer's resolution is read and McConnell asks for a 15-minute break.

Schumer offers amendments

2:45 p.m. ET Jan. 21, 2020: With both Schiff and the president's attorneys finishing their remarks about McConnell's resolution, Schumer rises to introduced an amendment to the resolution to subpoena White House documents. The resolution is being read now.

Cipollone is speaking again

2:30 p.m ET Jan. 21, 2020: Cipollone addresses Schiff's comments. He points out that Schiff made up a false version of Trump's call to the Ukrainian president. He also says there is evidence that was given in private to the House investigators that the president's legal team has not seen.

“He has the temerity to come into the Senate and say we have no use for courts,” Cipollone says about Schiff’s comments.

Cipollone asks Schiff for documents concerning his conversations with the whistleblower who first alerted Congress to Trump’s call to

He claims Schiff has yet to turn over any document related to his contact with the whistleblower.

Cipollone wonders why impeach now, why not wait for the election to remove a president from office. “It’s a partisan impeachment. ... They want to remove President Trump from the ballot."

Schiff is done; Sekulow is speaking now

2:17 p.m. ET Jan. 21, 2020: Schiff takes nearly his entire allotted time to argue against McConnell's motion. Jay Sekulow, Trump's attorney, is now answering Schiff's arguments. Cipollone took three minutes when he spoke, which leaves Sekulow 57 minutes to respond to Schiff's arguments.

Sekulow says that when Robert Mueller’s investigation “didn’t pan out, it became Ukraine.”

Sekulow turns to the question of executive privilege which Democrats point to as a part of the obstruction of Congress article of impeachment.

He points out that Schiff, Rep. Jerry Nadler and Speaker Nancy Pelosi were on the other side of executive privilege question when it concerned President Barack Obama and then-Attorney General Eric Holder.

He asks why the House held the articles of impeachment for 33 days -- to try to set the rules in the Senate, Sekulow says.

A second change to the resolution

1:50 p.m. ET Jan. 21, 2020: Another change in the resolution released Monday is that the House's records from its impeachment hearings will automatically be entered into evidence unless there's an objection. The draft of the resolution released earlier would have required a vote to have that evidence entered into the record.

 

Cipollone takes a little time; Schiff takes a lot

1:40 p.m. ET Jan. 21, 2020: Cipollone takes only a few minutes to say that the charges against Trump are not true. He had up to one hour to present his argument for the resolution.

Adam Schiff is now speaking in opposition to McConnell’s resolution. He says the most important decision senators will make will come today when they vote to have witnesses or not.

He goes on to charge senators with making this trial “like every other trial” by allowing documents and witnesses to be introduced.

He has twice said that Trump was trying to cheat in the next election and that he is withholding information that would “cover up his misdeeds.”

He reminds Republican senators who have promised McConnell to support his resolution that they have sworn an oath “that supersedes all else.”

Schiff says most Americans don’t believe that the trail will be fair.

The president is not innocent, he says.

Apparently, there is a change in the timing of the trial

 

The trial reconvenes

1:18 p.m. ET Jan. 21, 2020: Chief Justice John Roberts enters the Senate chamber, swears in a senator who was not present last week when all the other senators were sworn in begins the trial in earnest.

The sergeant in arms is reading the organization resolution brought by McConnell. The resolution lays out how the trial will be conducted.

Trump’s attorney, Pat Cipollone, has risen to speak first in support of the resolution by McConnell.

White House team bulks up

1:15 p.m. ET Jan. 21, 2020: The White House has added several Republican House members to be a part of the president's legal team. They are Reps. Jim Jordan, Ohio; John Ratcliffe, Texas; Mike Johnson, Louisiana; Mark Meadows, North Carolina; Debbie Lesko, Arizona; Lee Zeldin, New York; Elise Stefanik, New York and Doug Collins, Georgia.

The White House in a statement said the group has “provided guidance to the White House team, which was prohibited from participating in the proceedings concocted by Democrats in the House of Representatives."

What they will be doing and if they will have a speaking part in the proceedings is unclear.

In the ‘dark of night’

1 p.m. ET Jan. 21, 2020: Schumer says McConnell's proposed impeachment trial rules would "result in a rushed trial with little evidence, in the dark of night."

The Senate is now in recess and will go back into session in a few minutes to continue with the impeachment trial.

 

No new evidence

12:36 p.m. ET Jan. 21, 2020: McConnell vows to move to table any amendment to his impeachment trial organization resolution if that amendment concerns introducing new evidence into the trial.

Schumer is speaking now. He repeats what he said earlier that the organization resolution is “nothing short of a national disgrace.”

The Senate has reconvened

12:34 p.m. ET Jan. 21, 2020: McConnell has begun to speak from the floor of the Senate. He is talking about the resolution he will soon put forward that spells out how the trial will be conducted.

Here is the letter House Democrats sent to Pat Cipollone

 

Does Schumer have the four votes?

12:01 p.m. ET Jan. 21, 2020: Schumer needs 51 votes to get any amendments to McConnell's resolution passed, meaning he needs all the Democrats and independents to vote for his amendments plus four Republicans to join in. Most believe he will not get Republican support for his amendments.

Schumer says McConnell’s resolution is ‘national disgrace’

11:15 a.m. ET Jan. 21, 2020: Sen. Chuck Schumer, Senate minority leader from New York, said McConnell's resolution is "nothing short of a national disgrace."

Schumer said that after McConnell’s resolution is voted on, he intends to introduce amendments to the resolution later today “to fix the many errors” in it. He says his first amendment will be to subpoena documents from the White House.

Impeachment managers call out Cipollone

10:15 a.m. ET Jan. 21, 2020: The House impeachment managers are claiming White House counsel Pat Cipollone, who will represent Trump during the Senate trial is a fact witness to the actions that have led to Trump's impeachment.

“In preparation for the trial of Donald J. Trump before the Senate, we write to notify you that evidence received by the House of Representatives during its impeachment inquiry indicates that you are a material witness to the charges in both Articles of Impeachment for which President Trump now faces trial,” said the managers.

The managers are Reps. Adam Schiff, Jerrold Nadler, Zoe Lofgren, Hakeem Jeffries, Val Demings, Jason Crow and Sylvia Garcia.

“You must disclose all facts and information as to which you have first-hand knowledge that will be at issue in connection with evidence you present or arguments you make in your role as the President’s legal advocate so that the Senate and Chief Justice can be apprised of any potential ethical issues, conflicts, or biases.”

Cipollone has not responded to the claims.

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