3:33
- ABC News
- January 31, 2020
Trump impeachment trial: Question period ends
The Senate trial could be over by the weekend if Republicans have the votes.
3:33
Schiff the pivots to the question of witnesses, saying all depositions could be conducted in just one week.
\"Are we really driven by the timing of the State of the Union,\" Schiff says. \"Can't we take one week to hear from these witnesses? I think we can. I think we should. I think we must.\"
A group of Republican senators asks both sides to respond to the Democrats' argument that impeachment is so important because the president's misconduct is too serious to leave to voters at the ballot box.
The senators ask: How would acquitting the president prevent voters from making an informed decision?
White House counsel Pat Cipollone takes the ball for the president's defense team and argues the voters should make the ultimate choice if Trump remains president because the impeachment articles are partisan in nature.
\"Let's leave it to the people of the United States. Let's trust them. They're asking you not to trust them. Maybe they don't trust them. Maybe they won't like the result. We should trust them. That's who should decide who the president of this country should be. It will be a few months from now and they should decide,\" he says.
In response, House manager Schiff says the president should be removed from office because it threatens the integrity of the election if he's willing to use foreign intervention to benefit his campaign.
\"If it were the intent of the framers to say that a president can't be impeached in an election year, they would have said so. Now, they didn't for a reason. They were concerned about a president who might try to cheat in that very election,\" he says.
\"...let me begin with something in the category of you can't make this stuff up,\" House manager Adam Schiff says. \"Today while we've been debating whether a president can be impeached for essentially bogus claims of privilege for attempting to use the courts to cover up misconduct, the Justice Department in resisting House subpoenas is in court today and was asked, well, if the Congress can't come to the court to enforce the subpoenas was as you we know they're in here arguing Congress must go to court to enforce the subpoenas but they're in the court saying Congress thou shalt not do that, so the judge said if the Congress can't enforce its subpoenas in court, then what remedy is there? And the Justice Department lawyer's response is: impeachment! You can't make this up. I mean what more evidence do we need of the bad faith of this effort to cover up?\"
ABC News' Alex Mallin reports a Justice Department official responds: “The point we made in court is simply that Congress has numerous political tools it can use in battles with the Executive Branch—appropriations, legislation, nominations, and potentially in some circumstances even impeachment. For example, it can hold up funding for the President’s preferred programs, pass legislation he opposes, or refuse to confirm his nominees.”
“But it is absurd for Chairman Schiff to portray our mere description of the Constitution as somehow endorsing his rushed impeachment process, or impeachments in anything remotely resembling the current context,” the official says.
Democratic Sen. Mazie Hirono sends a question to the House managers about other examples of withholding foreign aid.
“In contrast to arguments by the president's counsel, acting White House Chief of Staff Mick Mulvaney stated that President Trump held up aid to Ukraine to get his politically motivated investigations. He claims, 'We do that all the time with foreign policy, Get over it.' What was different about President Trump's withholding of aid to Ukraine from prior aid freezes? Are you aware of any other presidents who have withheld foreign aid as a bribe to extract personal benefits?” Roberts read from her question card.
House manager Rep. Adam Schiff responds, saying that this differed from other holds on aid because there was no policy reason for the hold. He also cited the Government Accountability Office report that found the hold unlawful.
“Without legal authority he secretly placed a hold on the aid. Now, the president's counsel and representation give specific examples of past holds as if we cannot distinguish one for a corrupt reason and one that is for a policy reason,” Schiff says.
“No one has suggested you can't condition aid.” Schiff says. “But I would hope that they would all agree you can't condition aid for a corrupt purpose, to try to get a foreign power to cheat in your election.”
Republican senators ask: If there was a national security risk to holding the funds from Ukraine?
\"The short straightforward answer is there was no jeopardy to the national security interests of the United States from the timing of the release of this money,\" White House deputy counsel Patrick Philbin responds.
Trump's defense lawyer then points to State Department officials who testified that the interruption of aid ultimately did not have significant impact on Ukraine's military capability.
\"So no damage whatsoever to the national security of the United States,\" Philbin argues.
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-chamber-08-patrick-philbin-abc-jc-200130_hpMain_4x3t_384.jpg\")
In response to a question about past legal precedent, White House deputy counsel Patrick Philbin makes a connection between Trump withholding military assistance from Ukraine and the administration's negotiations with Central American countries last year.
The Trump administration ordered a stop on aide to Honduras, Guatemala and El Salvador in spring 2019. It later released the funds after government officials agreed to cooperate in the administration's crackdown on asylum requests at the southern border. The decision was roundly criticized by both immigrant advocates and former military commanders.
\"That's part of what foreign policy is all about,\" Philbin says. \"And that could arise in the situation of even investigations.\"
ABC News' Campaign Reporter Cheyenne Haslett reports:
\"You again?\" Democratic Sen. Bernie Sanders booms when he spots reporters covering his campaign waiting for his arrival on Capitol Hill as he heads to the Senate trial.
Sanders is asked if he's having fun. \"Balls of fun,\" he replies wryly.
Sanders explains his question from Wednesday (“Given the media has documented President Trump’s thousands of lies while in office — more than 16,200 as of Jan. 20 ... why should we be expected to believe that anything President Trump says has credibility?”)
\"So look, the, the point that I was trying to make is that ... when you have a president who lies virtually every day -- and I'm not happy to say that but it's true, he is a pathological liar -- should you really regard as credible something that somebody says who lies all the time? That was the point of my question,\" Sanders says.
He also agrees with the idea that Chief Justice John Roberts should be the tie-breaker vote -- if it comes to that when the Senate decides Friday whether to allow witnesses, despite other Democrats' warning that could bring Roberts a lot of blowback.
\"Sure,\" Sanders says. \"It's incomprehensible to me that Republicans are not going to allow them to do that so I hope we can have some courageous Republicans today and if it comes to a tie vote I hope the Chief Justice votes in favor of witnesses.\"
“YoU again??” @SenSanders says to embeds @GaryGrumbach @AnnieGrayerCNN and @CaraKorte when he sees them waiting to ask him questions before the impeachment trial pic.twitter.com/TVtIc4R3jc
— Cheyenne Haslett (@cheyennehaslett) January 30, 2020
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-chamber-06-schiff-abc-jc-200130_hpMain_4x3t_384.jpg\")
The House managers were asked to respond to arguments made Wednesday night by former Harvard Law School professor Alan Dershowitz -- that \"If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.\"
Schiff calls the argument \"astonishing\" and said it was evidence of \"a descent into constitutional madness.\"
\"The only reason you make that argument is because you know your client is guilty and dead to rights,\" Schiff says. \"That is an argument made of desperation.\"
Rep. Adam Schiff responds to Alan Dershowitz's \"astonishing\" argument yesterday on quid pro quo: \"What we have seen over the last couple days is a descent into constitutional madness.\" https://t.co/nSPWmzfvQC pic.twitter.com/4UVobbmHh3
— ABC News Politics (@ABCPolitics) January 30, 2020
\"The only reason you make that argument is because you know your client is guilty and dead to rights,\" Schiff says. \"That is an argument made of desperation.\"
Dershowitz has pushed back on characterizations of that argument on Twitter, saying he did not say that a president seeking re-election can do whatever he wants but that a lawful act such as holding up aid money for policy reasons does not become unlawful because a president is seeking re-election.
But a lawful act— holding up funds, sending troops to vote, braking a promise about Syria—does not become unlawful or impeachable if done with a mixed motive of both promoting the public interest and helping his RE-election. Please respond to my argument , not a distortion of it.
— Alan Dershowitz (@AlanDersh) January 30, 2020
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-chamber-02-abc-jc-200130_hpMain_4x3t_384.jpg\")
\"The presiding officer declines to read the question as submitted,\" Chief Justice Roberts says.
Paul then walks out of the Senate chamber.
McConnell kicked off today's proceedings with a not-so-subtle warning to senators about respecting the chief justice's role.
\"We have been respectful of the chief justice's unique position in reading our questions,\" McConnell said. \"I want to be able to continue to assure him that that level of consideration for him will continue.\"
--ABC News' Katherine Faulders and Allison Pecorin
NEW: \"The presiding officer declines to read the question as submitted,\" Chief Justice John Roberts said after Sen. Rand Paul submitted a question.
— ABC News Politics (@ABCPolitics) January 30, 2020
Paul left the chamber after Roberts declined to read his question. https://t.co/nSPWmzfvQC pic.twitter.com/1ghNr8J10g
After leaving the chamber, Paul holds a news conference, angrily telling reporters his question should have been read and answered.
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-rand-paul-presser-gty-jc-200130_hpEmbed_3x2_384.jpg\")
“I think this is an important question, one that deserves to be asked. It makes no reference to anybody who may or may not be a whistleblower. The Manager Schiff says he has no knowledge. If he has no knowledge, the rest of us can have no knowledge of who the whistleblower is. The president’s team says they have no knowledge of who the whistleblower is. I think it was an incorrect finding to not allow a question that makes no reference,” he says.
Asked why he didn’t ask for a Senate vote to overrule Roberts, Paul responds, “Right. That was a debate I made up until the very last minute, and I decided that we’re going to have enough voting tomorrow – and rather than delay the proceeding – I mean we’re going to have 12 hours of voting tomorrow probably – that I would let the proceeding go on. My point is that – you shouldn’t be able to use statutes to somehow make a whole part of the discussion of this impeachment go away.\"
As the Senate reconvenes, GOP Sen. Rand Paul says that he will insist that his question about the whistleblower be asked at the start of the trial.
Supreme Court Chief Justice John Roberts, who is presiding over the trial, reportedly blocked Paul on Wednesday from offering a question about the whistleblower.
Paul has previously named the whistleblower in tweets and had threatened to out him on the Senate floor a couple of months ago. He never followed through with that threat.
Several of his Republicans colleagues, including Republican Leader Mitch McConnell and Sen. Chuck Grassley, had previously warned him from doing so.
In a statement, Paul’s office said Thursday, ”While we are uncertain of how things will proceed, Senator Paul believes it is crucial the American people get the full story on what started the Democrats’ push to impeach President Donald Trump, as reports have indicated Obama appointees at the National Security Council may have discussed organizing an impeachment process in advance of the whistleblower complaint.“
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-chamber-01-abc-jc-200130_hpMain_4x3t_384.jpg\")
Democrats, however, are increasingly concerned about Paul’s efforts to out the whistleblower.
Sen. Richard Blumenthal told us just moments ago that if Paul - or any senator - attempts to name the whistleblower, they should be faced with serious sanctions.
“I think that kind of irresponsible and reprehensible action should be sanctioned by the Senate, if any of our members disclose the name of the whistleblower,” Blumenthal said.
Blumenthal said that Roberts has refused to offer any questions about the whistleblower from Paul thus far. Paul was heard complaining about it on the floor yesterday per our producers in the chamber.
“We protect whistleblowers,” lead House Manager Rep. Adam Schiff told us this afternoon.
“We need their cooperation we need their support in making the country work,” Schiff said.
He added: ”The only point in outing this whistleblower is to satisfy the desire of the president for retribution and that is not something that this Senate should allow.”
--ABC News' Mariam Khan
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeachment-04-schumer-presser-gty-jc-200130_hpMain_4x3t_384.jpg\")
Senate Minority Leader Chuck Schumer, speaking before Thursday's trial session, begins by saying the first day of questioning “showed how flimsy, how specious and how dangerous the Republican arguments were.”
But he single out Republican Sens. Susan Collins and Lisa Murkowski for their strong and effective questioning.
“Some of the best questions actually came from Republicans,” Schumer said. “Senator Collins and Murkowski asked the president's counsel if they could give an example of the president expressing concern about Hunter and Joe Biden before the former vice president announced his candidacy. The president's counsel could not point to a single example to support the claim. So, he made up a bogus excuse that his answer was limited to what's in the record.”
Schumer also pointed out that the president’s counsel also could not answer Senator Mitt Romney’s question asking for the specific date when President Trump ordered the delay in military assistance and the reason he gave for doing it. These questions, he says, help make the Democrats’ case for witnesses and documents.
“You know who could help them answer those questions? Mick Mulvaney, John Bolton and our other two witnesses. So could the documents that we have asked to subpoena,” Schumer said.
Schumer also called out Alan Dershowitz for his argument that the president’s actions – even if aimed at increasing his chances of reelection – are not impeachable because the president believed his reelection is in the public interest.
“By Dershowitz's logic, President Nixon did nothing wrong in Watergate. He was just breaking into the DNC to help his reelection, which, of course, is in the public interest, according to Dershowitzian logic.”
“The Dershowitz argument, frankly, would unleash a monster. More aptly, it would unleash a monarch.”
--ABC News' Liz Alesse
Sen. Chuck Schumer calls Alan Dershowitz's argument that a quid pro quo done in belief it's \"in the public interest\" is not impeachable \"a load of nonsense.\"
— ABC News Politics (@ABCPolitics) January 30, 2020
\"The Dershowitz argument...would unleash a monster. More aptly, it would unleash a monarch.\" https://t.co/DT1dQqWUK6 pic.twitter.com/M1YMFK6ioL
In the late hours of debate on Wednesday, Trump's defense team offered two new controversial defenses. In one -- even if Trump intentionally withheld military aid from Ukraine in exchange for an investigation into Joe Biden, White House lawyers argued, those actions are not grounds for impeachment.
“Mere information is not something that would violate the campaign finance laws … it’s not campaign interference for credible information about wrongdoing to be brought to light, if it's credible information,” White House deputy counsel Patrick Philbin argued Wednesday night.
![\"PHOTO:](\"http://a.abcnews.com/images/US/philbin-impeach-abc-ml-200129_hpMain_4x3t_384.jpg\")
After the close of Wednesday’s session, Democrats forcefully rejected the idea that requesting foreign assistance is ever appropriate and legal.
“I think the most important thing was that the White House deputy counsel said that it's okay to take dirt on your opponent from a foreign government as long as it's credible. And you know what, that's not true. That's actually against the law,” Michigan Sen. Debbie Stabenow told reporters.
The argument from the White House counsel reinforces a controversial statement President Trump himself made in a June interview with ABC News.
\"It's not an interference, they have information -- I think I'd take it,\" Trump told ABC News Chief Anchor George Stephanopolous. \"If I thought there was something wrong, I'd go maybe to the FBI -- if I thought there was something wrong.
The response prompted a reaction from the Federal Election Commission at the time.
“It is illegal for any person to solicit, accept, or receive anything of value from a foreign national in connection with a U.S. election,” FEC Chair Ellen Weintraub said in a statement. “This is not a novel concept.”
![\"PHOTO:](\"http://a.abcnews.com/images/Politics/impeach-dershowitz-abc-ml-200129_hpEmbed_16x9_384.jpg\")
In addition to that argument, former Harvard Law School Professor Alan Dershowitz is drawing Democratic fire for arguing that President Trump could not be impeached because he was “acting in the national interest.”
\"Every public official that I know believes that his election is of the public interest,\" he said.
\"If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment,\" Dershowitz maintained.
Democrats voiced alarm about that expansive interpretation of executive power.
Ahead of the return to senators' questions Thursday, House impeachment manager Jason Crow called Dershowitz's argument \"astounding.\"
\"That is just a very dangerous hole to go down,” Crow told MSNBC.
Republican Sen. John Barasso declined to answer in an interview Thursday about whether he thought the argument was valid.
“I have heard enough. I am ready to make that vote and I know that the momentum in the Republican caucus is to do that as well,” told CNN.
ABC News Senior Congressional Correspondent Mary Bruce contributed to this report.
","canonicalUrl":"https://abcnews.com/Politics/trump-impeachment-trial-live-updates-questions-resume-gop/story?id=68639038","legacySlug":"/news/story/trump-impeachment-trial-live-updates-questions-resume-gop-68639038","noIndexNoFollow":false},"publishTime":"04:26","publishDate":"01-31-2020","updatedTime":"14:44","updatedDate":"02-01-2020","socialImage":{"alt":"Supreme Court Chief Justice John Roberts prepares to start the day's proceedings during the impeachment trial against President Donald Trump in the Senate in Washington, Jan. 30, 2020.","credit":"ABC News","ratio":"16x9","url":"https://s.abcnews.com/images/Politics/impeachment-chamber-01-abc-jc-200130_hpMain_16x9_1600.jpg","width":992,"height":558},"datePublished":"1/31/2020 04:26:00 GMT","video":{"live":false,"id":68639038,"headline":"Trump impeachment trial: Question period ends","mediaAssetTitle":"SENATE TRIAL/ THURSDAY 1/30","description":"The Senate trial could be over by the weekend if Republicans have the votes. ","duration":"3:33","posterImg":{"url":"https://s.abcnews.com/images/GMA/default-img-undefined.png","width":608,"height":342},"video":{"feed":"https://service-pkgabcnews.akamaized.net/opp/hls/abcnews/2020/01/200130_wn_bruce_635_,500,800,1200,1800,2500,3200,4500,.mp4.csmil/playlist.m3u8"},"playlist":["68651849","68624999","63806889"]},"relatedItems":[{"contentType":"video","date":"January 31, 2020","headline":"Will the Senate acquit Trump?","section":"news","slug":"/video/68651849","id":68651849,"image":{"alt":"Will the Senate acquit Trump?","url":"https://s.abcnews.com/images/WNT/200130_wn_bruce__hpMain_1x1_240.jpg","credit":"ABCNews.com","ratio":"1x1"}},{"contentType":"video","date":"January 30, 2020","headline":"Trump lawyer appears caught off-quard with question","section":"news","slug":"/video/68624999","id":68624999,"image":{"alt":"Trump lawyer appears caught off-quard with question","url":"https://s.abcnews.com/images/WNT/200129_wn_bruce_637_hpMain_1x1_240.jpg","credit":"ABCNews.com","ratio":"1x1"}},{"contentType":"video","date":"December 23, 2020","headline":"News headlines today: Dec. 23, 2020","section":"news","slug":"/video/63806889","id":63806889,"image":{"alt":"News headlines today: Dec. 23, 2020","url":"https://s.abcnews.com/images/US/190701_vod_live_headlines_hpMain_1x1_240.jpg","credit":"ABCNews.com","ratio":"1x1"}}],"relatedContentSection":"news","schemaContent":{"name":"Trump impeachment trial: Question period ends","description":"The Senate trial could be over by the weekend if Republicans have the votes. ","duration":"3:33","uploadDate":"01-31-2020","publication":"01-31-2020","images":"https://s.abcnews.com/images/GMA/default-img-undefined.png","url":"https://service-pkgabcnews.akamaized.net/opp/hls/abcnews/2020/01/200130_wn_bruce_635_,500,800,1200,1800,2500,3200,4500,.mp4.csmil/playlist.m3u8","contentUrl":"https://service-pkgabcnews.akamaized.net/opp/hls/abcnews/2020/01/200130_wn_bruce_635_,500,800,1200,1800,2500,3200,4500,.mp4.csmil/playlist.m3u8","link":"https://www.goodmorningamerica.com/news/live-updates/trump-impeachment-trial-live-updates-questions-resume-gop-68639038"}},"playlist":[{"id":"132054443","contentType":"story","section":"news"},{"id":"132054798","contentType":"story","section":"news"},{"id":"132033010","contentType":"story","section":"news"},{"id":"131912713","contentType":"story","section":"news"},{"id":"131830583","contentType":"story","section":"news"},{"id":"131834976","contentType":"story","section":"news"},{"id":"131554765","contentType":"story","section":"news"},{"id":"131554815","contentType":"story","section":"news"},{"id":"131543053","contentType":"story","section":"news"},{"id":"131432442","contentType":"story","section":"news"},{"id":"131121474","contentType":"story","section":"news"},{"id":"131247079","contentType":"story","section":"news"},{"id":"131228784","contentType":"story","section":"news"},{"id":"131178806","contentType":"story","section":"news"},{"id":"131142257","contentType":"story","section":"news"},{"id":"131046664","contentType":"story","section":"news"},{"id":"131048076","contentType":"story","section":"news"},{"id":"131033212","contentType":"story","section":"news"},{"id":"130999943","contentType":"story","section":"news"},{"id":"130971027","contentType":"story","section":"news"}],"kvps":{"pgtyp":"article","lang":"en","sp":"goodmorningamerica","programmatic":"true","bundleId":"com.abcnews"}},"analytics":{"accountID":"wdgnewwdgnewgmaweb","ns":"gma","pageName":"gma:news:video","pageType":"video","globalSpecVersion":"v1.08","siteDifferentiator":"gma:site","tagID":"g_page01","userABCookie":"0","section":"news","title":"Trump impeachment trial: Question period ends","pubTime":"23:26","pubDate":"01-30-2020","modTime":"09:44","modDate":"02-01-2020","taxonomyTags":"none","id":68639038,"editorialOtherSubjects":"","wordCount":"none","columns":"none","authors":"","authorsUnit":"none","authorsBureau":"none","subBrand":"Good Morning America","provider":"Good Morning America","videoName":"Trump impeachment trial: Question period ends","mediaAssetTitle":"SENATE TRIAL/ THURSDAY 1/30","videoId":68639038,"mediaOnPage":"video","legacySlug":"/news/story/trump-impeachment-trial-live-updates-questions-resume-gop-68639038"},"taboola":{}},"request":{"headers":{},"httpVersion":"1.1","method":"GET","url":"/video/68639038","vary":{"host":"www.goodmorningamerica.com","cached":true,"path":"/video/68639038","forwarded-proto":"https","device":"desktop","userab":"0"}},"viewport":{"width":1260,"height":0},"user":{}};