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Trump impeachment trial live updates: Biden says charge 'not in dispute' in 1st comments on acquittal

PHOTO: President Joe Biden waves as he boards Air Force One before departing from Andrews Air Force Base in Maryland on Feb. 12, 2021.
5:57
Mandel Ngan/AFP via Getty Images
Senate votes to acquit former President Donald Trump
By Libby Cathey, Michelle Stoddart, Lauren King, Lauren Lantry
Last Updated: February 13, 2021, 3:08 PM

Former President Donald Trump's historic second impeachment trial ended with a 57-43 vote to acquit in the Senate. He faced a single charge of incitement of insurrection over his actions leading up to the Jan. 6 riot at the U.S. Capitol.

Top headlines:

  • Biden praises police officers, calls charge 'not in dispute' in 1st comments
  • Pelosi blasts McConnell, others who voted to acquit as 'cowardly group of Republicans'
  • Managers highlight McConnell's agreement that they proved case
  • McConnell says Trump solely to blame for attack after voting to acquit
  • Schumer speaks on Senate floor
  • Senate votes to acquit Trump: 57-43
Here is how events are unfolding. All times Eastern.

Feb 13, 2021 3:08 PM

Senate reconvenes for Trump's second trial

The Senate has reconvened for Trump's second impeachment trial which could wrap up as early as Saturday.

Senate Chaplain Barry Black first led the chamber in a prayer and invoked Capitol Police Officer Eugene Goodman by name in his prayer, speaking to bravery.

"Fill our senators with a spirit that combines common sense with commitment, conscience and courage," he said.

Presiding officer Sen. Patrick Leahy, D-Vt., then led the group through the Pledge of Allegiance, followed by the traditional "Hear ye! Hear ye! Hear ye!" proclamation from the sergeant-at-arms.

PHOTO: Sen. Patrick Leahy wields the gavel to convene the U.S. Senate as he presides over the start of the second impeachment trial of former President Donald Trump on the floor of the Senate chamber in Washington, Feb. 9, 2021.
U.S. Senate TV via Reuters
Sen. Patrick Leahy wields the gavel to convene the U.S. Senate as he presides over the start of the second impeachment trial of former President Donald Trump, on charges of inciting the deadly attack, on the floor of the Senate chamber in Washington, Feb. 9, 2021.
U.S. Senate TV via Reuters

There will be an opportunity on Saturday to motion for witnesses, prompting two hours of debate -- potentially, kicking off a behind-closed-doors deposition process and extending the trial's timeline.

Democratic Sens. Sheldon Whitehouse, D-R.I. and Jeff Merkely, D-Ore., have expressed a willingness to entertain the idea, as has Republican Sen. Mitt Romney, despite leadership from both parties previously signaling wanting a speedy trial. The debate comes as new details emerge of a phone call between Trump and House Minority Speaker Kevin McCarthy.

But with Senate Minority Leader Mitch McConnell telling colleagues he will vote to acquit, it's all but certain Trump will not face conviction.

PHOTO: President Donald Trump gestures as he speaks during a rally to contest the certification of the 2020 presidential election results by the U.S. Congress, in Washington, Jan. 6, 2021.
Jim Bourg/Reuters
President Donald Trump gestures as he speaks during a rally to contest the certification of the 2020 presidential election results by the U.S. Congress, in Washington, Jan. 6, 2021.
Jim Bourg/Reuters

-ABC News' Trish Turner


Feb 13, 2021 2:52 PM

McConnell tells colleagues he'll vote to acquit

Senate Minority Leader Mitch McConnell has told colleagues in an email he will vote to acquit Trump for "incitement of insurrection."

McConnell said, "While it was a close call" he believes impeachment is "primarily a tool of removal" and that the Senate now lacks jurisdiction with Trump out of office.

"The Constitution makes perfectly clear that Presidential misconduct while in office can be prosecuted after the President has left office, which in my view alleviates the otherwise troubling 'January exception' argument raised by the House," McConnell said in an email.

PHOTO: Senate Minority Leader Senator Mitch McConnell walks to the Senate floor during the fourth day of former President Donald Trump's impeachment trial before the Senate on Capitol Hill Feb. 12, 2021.
Brendan Smialowski/AFP via Getty Images
Senate Minority Leader Senator Mitch McConnell walks to the Senate floor during the fourth day of former President Donald Trump's impeachment trial before the Senate on Capitol Hill Feb. 12, 2021.
Brendan Smialowski/AFP via Getty Images

McConnell, on the Senate floor last month, criticized Trump for his behavior surrounding the attack on the Capitol.

"The mob was fed lies. They were provoked by the President and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the Federal Government which they did not like," McConnell said at the time.

-ABC News' Trish Turner


Feb 13, 2021 2:41 PM

Senate to determine whether to call witnesses

House impeachment managers and Trump's defense team on Saturday are expected to deliver closing arguments, for which they each have two hours, followed by a final vote on whether Trump is guilty of "incitement of insurrection" -- but an 11th-hour push for witnesses may shift the trial's timeline.

Among other motions that may be called Saturday, there will be an opportunity to motion for witnesses, prompting two hours of debate -- and potentially, kicking off a behind-closed-doors deposition process.

PHOTO: Razor wire tops the anti-scaling fence surrounding the perimetter of the U.S. Capitol, Feb. 11, 2021, in Washington, D.C.
Alex Brandon/AP
Razor wire tops the anti-scaling fence surrounding the perimetter of the U.S. Capitol, Feb. 11, 2021, in Washington, D.C.
Alex Brandon/AP

Democratic Sens. Sheldon Whitehouse, D-R.I. and Jeff Merkely, D-Ore., are two senators now expressing a willingness to entertain the idea, despite leadership from both parties previously signaling wanting a speedy trial. The debate comes as new details emerge of a phone call between Trump and House Minority Speaker Kevin McCarthy.

One way to clear it up? Suspend trial to depose McCarthy and Tuberville under oath and get facts. Ask Secret Service to produce for review comms back to White House re VP Pence safety during siege. What did Trump know, and when did he know it?

— Sheldon Whitehouse (@SenWhitehouse) February 13, 2021

Rep. Jaime Herrera Beutler, R-Wash., one of ten House Republicans who voted to impeach Trump, in a statement overnight said that McCarthy spoke to Trump as violent protesters stormed the Capitol on Jan. 6, but the then-sitting president refused to stop them.

"To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time," she said in a statement.

PHOTO: House impeachment manager Del. Stacey Plaskett presented this exhibit slide showing Vice President Mike Pence being evacuated during the riot Jan. 6.
Senate TV via AP
House impeachment manager Del. Stacey Plaskett presented this exhibit slide of an image from U.S. Capitol security video showing Vice President Mike Pence being evacuated in close proximity to rioters who breached the Capitol Jan. 6 during the second impeachment trial of former President Donald Trump in the Senate at the U.S. Capitol in Washington, Feb. 10, 2021.
Senate TV via AP

The Senate will reconvene at 10 a.m.

-ABC News' Trish Turner



Feb 13, 2021 7:00 AM

GOP Rep. Herrera Beutler recounts details of Trump-McCarthy call in statement

Rep. Jaime Herrera Beutler tweeted out a statement Friday reiterating comments she made about a talk she had with House Minority Leader Kevin McCarthy regarding former President Donald Trump's involvement in the Capitol siege.

The congresswoman from Washington's 3rd Congressional District is one of the 10 Republicans in the House voting for Trump's second impeachment. 

In the statement, Herrera Beutler reiterated her claims (which she made earlier to Washington newspaper The Daily News) that McCarthy spoke to Trump as violent protesters stormed the Capitol on Jan. 6, but the then-sitting president refused to stop them.

"When McCarthy finally reached the president on January 6 and asked him to publicly and forcefully call off the riot, the president initially repeated the falsehood that it was antifa that had breached the Capitol," she wrote. "McCarthy refuted that and told the president that these were Trump supporters. That's when, according to McCarthy, the president said: 'Well, Kevin, I guess these people are more upset about the election than you are.'"

Herrera Beutler said she's shared these details in conversation with various colleagues ever since she decided to vote for Trump's impeachment. 

She ended her statement by challenging those with firsthand knowledge of Trump's actions during the Capitol siege -- including former Vice President Mike Pence -- to come forward. 

"To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time," she wrote.


Feb 13, 2021 7:49 PM

Neguse makes veiled appeals to McConnell in conviction argument

In addition to breaking down the Trump defense arguments one by one, House impeachment manager Rep. Joe Neguse, D-Colo., appealed to senators' sense of history in his final appeal for a vote to convict Trump. 

In a thinly veiled appeal to Senate Minority Leader Mitch McConnell, he quoted Kentucky Sen. Henry Clay -- McConnell's political idol and college thesis subject -- and referenced the vote of Sen. John Sherman Cooper -- McConnell's former boss who he interned for -- on the Civil Rights Act.

PHOTO: Senate Minority Leader Senator Mitch McConnell walks to the Senate floor during the fourth day of former President Donald Trump's impeachment trial before the Senate on Capitol Hill Feb. 12, 2021.
Brendan Smialowski/AFP via Getty Images
Senate Minority Leader Senator Mitch McConnell walks to the Senate floor during the fourth day of former President Donald Trump's impeachment trial before the Senate on Capitol Hill Feb. 12, 2021.
Brendan Smialowski/AFP via Getty Images

Noting his own parents' immigrant journey from East Africa, Neguse also noted McConnell's vote in 1986 to override President Ronald Reagan's veto of sanctions of South Africa during apartheid. McConnell was one of the few Republicans to buck Reagan on the vote.

"We remember those moments because they helped define and enshrine America at its best," Neguse said. "I believe that this body can rise to the occasion once again today. By convicting president trump and defending our republic."

"The cold, hard truth is that what happened on Jan. 6 can happen again," he said. "Senators, this cannot be the beginning. It can't be the new normal."

McConnell told colleagues in an email earlier in the day he would vote to acquit Trump.

-ABC News' Benjamin Siegel


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