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Senators vote to acquit Donald Trump in second impeachment trial

Jason Miller, Senior Adviser to the Trump 2020 re-election campaign, holds a list on the fifth day of the second impeachment trial of former President Trump, Saturday, Feb. 13, 2021 at the Capitol in Washington.
Image Credit: Greg Nash/Pool via AP

WASHINGTON - Enough senators have cast “not guilty” votes to acquit Donald Trump of inciting the Jan. 6 attack on the U.S. Capitol. The vote will give the former president a historic second acquittal in an impeachment trial.

House Democrats, who voted a month ago to charge Trump with “incitement of insurrection,” needed two thirds of the Senate, or 67 votes, to convict him.

The Democrats argued in the short trial that Trump caused the violent attack by repeating for months the false claims that the election was stolen from him, and then telling his supporters gathered near the White House that morning to “fight like hell” to overturn his defeat. Five people died when they then laid siege to the Capitol.

Trump’s lawyers argued that the rioters acted on their own accord and that he was protected by freedom of speech, an argument that resonated with most Republicans. They said the case was brought on by Democrats’ “hatred” of Trump.

3:15 p.m.

A lawyer for Donald Trump says everyone acknowledges the horror of the deadly riot at the U.S. Capitol last month but that the former president wasn’t responsible for it.

Michael van der Veen gave his closing arguments on the Senate floor on Saturday in the impeachment trial of Trump.

He says there is no evidence that Trump incited an “armed insurrection” to “overthrow the U.S. government” and to think that Trump would have wanted that is “absurd.” He says the event on Jan. 6 was supposed to be peaceful but that a small group “hijacked” it for their own purposes.

He also repeated the arguments from Friday that other politicians have engaged in incendiary rhetoric, though impeachment managers noted that none of those speeches precipitated an attack on the U.S. government.

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3:10 p.m.

As a vote in Donald Trump’s impeachment trial nears a close, lead Democratic impeachment manager Jamie Raskin told the Senate that “this is almost certainly how you will be remembered by history.”

Raskin said that “none of us can escape the demands of history and destiny right now” as the House managers argue that Trump incited the violent Jan. 6 attack on the Capitol and the Senate decides whether to convict him.

He said the trial is not about Trump, but “about who we are.”

Trump’s lawyers, and many Senate Republicans, have argued that the trial is unconstitutional. They also say Trump did not intentionally incite the riot when he told a mob of his supporters to “fight like hell” to overturn his election defeat and march to the Capitol as Congress was counting the electoral votes.

The House managers laid out video evidence of the violent assault, in which five people died. Raskin said they proved that Trump betrayed his country and “betrayed his oath of office.”

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3 p.m.

Senate Minority Leader Mitch McConnell has told senators in an email obtained by The Associated Press that his decision to vote to acquit former President Donald Trump at his impeachment trial was a “close call.”

McConnell says he believes presidents can be prosecuted for criminal misconduct after they leave office. He says that eases the “otherwise troubling” argument House prosecutors have made that not convicting Trump would create a “January exception” for trying impeached presidents who’ve already left office.

McConnell says he thinks impeachment is chiefly to remove an official “and we therefore lack jurisdiction.”

1 p.m.

Senators have resumed Donald Trump’s impeachment trial without calling witnesses after agreeing to accept new information from a Republican congresswoman about his actions on the day of the deadly Capitol siege.

After a delay of several hours, the trial is back on track with closing arguments and Saturday’s session heading toward a vote on the verdict.

Under the deal, Rep. Jaime Herrera Beutler’s statement on a phone call between Trump and House Republican leader Kevin McCarthy as rioters stormed the Capitol was entered into the trial record as evidence. No further witnesses were called.

Senators brought the proceedings to a standstill when a majority voted Saturday morning to consider potential witnesses.

The information from Herrera Beutler sparked fresh interest on Trump’s actions that day.

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HERE’S WHAT YOU NEED TO KNOW ABOUT FORMER PRESIDENT DONALD TRUMP'S SECOND SENATE IMPEACHMENT TRIAL:

The Senate is meeting in a rare weekend session in Donald Trump’s second impeachment trial. The trial was thrown into confusion when senators voted to consider hearing witnesses, but after a delay of several hours the trial is back on track, with closing arguments and Saturday's session heading toward a vote on whether the former president incited the Jan. 6 siege on the Capitol.

Read more:

— Republican leader McConnell tells colleagues he will vote to acquit.

— Which GOP senators are seen as possible votes against Trump?

— Rep. Herrera Beutler urges ‘patriots’ to talk about Trump call

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HERE'S WHAT ELSE IS GOING ON:

12:45 p.m.

Senate leaders are working on an agreement that could end a standoff over calling witnesses in Donald Trump’s impeachment trial and allow it to proceed with closing arguments and a vote on whether he incited the deadly Capitol siege.

Under the agreement being discussed, the information that a Republican congresswoman has made public about Trump’s actions on the day of the riot would be entered into the record of the trial in exchange for Democrats dropping plans to deposition testimony from the congresswoman, Rep. Jaime Herrera Beutler of Washington No witnesses would be called to testify.

That would allow the trial to resume Saturday with closing arguments and a vote on the verdict.

A Democrat granted anonymity to discuss the private talks confirmed the pending agreement.

The Senate came to a standstill shortly after convening for the rare Saturday session when a majority voted to consider calling witnesses.

Herrera Beutler’s account of Trump’s call with House Republican leader Kevin McCarthy as rioters were breaking into the Capitol on Jan. 6 sparked fresh interest in Trump’s actions that day.

— Lisa Mascaro.

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12:30 p.m.

Republican senators are warning that any vote to allow witnesses at the impeachment trial of Donald Trump will significantly prolong the case, and that they have their own lists of people they would want to hear from.

Sen. Ted Cruz told reporters that if there are witnesses called by Democrats, the process “won’t be one-sided” and the former president will be able to have his own witnesses, too.

Sen. Lindsey Graham, who was among five Republicans who joined Democrats in voting to consider witnesses, said that although he’d like to see the case go to trial, he’ll insist on multiple witnesses if Democrats get to have theirs. He says he would want to hear from House Speaker Nancy Pelosi.

A Trump adviser was seen holding a sheet of paper showing that Trump’s lawyers are prepared to call more than 300 witnesses.

The vote Saturday to consider witnesses upended the trial, which had been racing toward closing arguments and a vote on whether to acquit or convict Trump.

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11:15 a.m.

Former President Donald Trump’s impeachment trial came to an abrupt standstill after a majority of senators voted to consider calling witnesses about the deadly storming of the Capitol.

Even senators seemed confused by the sudden turn of events Saturday. The quick trial had been racing toward closing arguments and a vote on whether to acquit or convict Trump.

Under Senate rules for the trial, it appears debate and votes on potential witnesses could be allowed, potentially delaying the final vote.

House prosecutors want to hear from a Republican congresswoman who has said she was aware of a conversation Trump had with the House GOP leader as rioters were ransacking the Capitol over the election results.

Rep. Jamie Herrera Beutler of Washington has widely discussed her reported conversation with House Republican leader Kevin McCarthy, who had called on Trump to stop the attack by his supporters.

Five Republican senators joined all Democrats in voting 55-45 on a motion to consider witnesses and testimony.

Trump’s defence attorneys blasted the late action. Attorney Michael van der Veen said it’s time to “close this case out.”

Senators are in a brief recess as leaders confer on next steps.

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10:50 a.m.

The proceedings in former President Donald Trump’s impeachment trial have come to an abrupt halt, with senators seemingly confused about the next steps.

Senators were huddling on the floor of the chamber as leaders spoke to the clerks at the dais.

Impeachment trials are rare, especially for a president, and the rules are negotiated for each one at the outset.

For Trump’s trial, the agreement said if senators agree to hear witnesses, votes to hear additional testimony would be allowed.

It’s unclear if there will be support in the evenly split Senate for calling witnesses.

___

10:35 a.m.

Senators have voted to consider witnesses in the impeachment trial of former President Donald Trump.

Closing arguments were expected Saturday with no witnesses called. But lead Democratic prosecutor Jamie Raskin of Maryland asked for a deposition of Rep. Jaime Herrera Beutler over fresh information.

She has widely shared a conversation she had with House Republican leader Kevin McCarthy over Trump’s actions on Jan. 6 as the mob was rioting over the presidential election results.

Raskin said it was necessary to determine Trump’s role in inciting the deadly Jan. 6 riot. There were 55 senators who voted to debate the motion to subpoena, including Republican Sen. Lindsey Graham, who changed his vote in the middle of the count.

Trump’s attorney Michael van der Veen balked at the request, saying he’d then call 100 witnesses and said it was not necessary.

___

10:30 a.m.

Trump impeachment lawyer Michael van der Veen is telling senators that if Democrats wish to call a witness, he will ask for at least 100 witnesses and will insist they give depositions in person in his office in Philadelphia.

His animated statement was met with laughter from the chamber, which visibly angered van der Veen.

“There’s nothing laughable here,” he said. The trial is being held in person, but lawmakers are wearing masks and the coronavirus pandemic has halted most normal activity, including close contact in offices for depositions. In many civil and criminal cases, such work is handled via conference call.

Closing arguments are expected Saturday in the impeachment trial against former President Donald Trump. But lead Democratic prosecutor Jamie Raskin of Maryland has asked for a deposition of Rep. Jaime Herrera Beutler over fresh information.

She has widely shared a conversation she had with House Republican leader Kevin McCarthy over Trump’s actions on Jan. 6 as the mob was rioting over the presidential election results.

___

10:20 a.m.

House impeachment prosecutors say they will be preparing a deposition of Rep. Jaime Herrera Beutler over fresh information in Donald Trump’s trial over the deadly attack at the Capitol.

Lead Democratic prosecutor Jamie Raskin of Maryland said Saturday he would seek to hear from the Republican congresswoman, who has widely shared a conversation she had with House Republican leader Kevin McCarthy over Trump’s actions Jan. 6 as the mob was rioting over the presidential election results.

It’s unclear if she or any other witnesses will be called.

Raskin said he would pursue a virtual interview with the Washington lawmaker.

Senators are meeting in a rare Saturday session in what is expected to be the final day in Trump’s historic trial.

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10:05 a.m.

The Senate is gaveling open as the court of impeachment is expecting to wrap up Donald Trump’s trial over the Capitol siege.

Senators were speeding toward an expected vote in the rare Saturday session on whether to convict or acquit the former president on the charge of incitement of insurrection in the Jan. 6 attack.

Some senators want to consider witnesses, but it’s unclear if any will be called to testify, or if there would be enough support in a vote to do so.

The weeklong impeachment trial is the first of a former president.

___

9:45 a.m.

Senate Republican leader Mitch McConnell will vote to acquit Donald Trump in the former president's impeachment trial.

That’s according to a source granted anonymity to discuss the leader’s thinking.

McConnell’s decision was made public Saturday ahead of what is expected to be a final day in the trial. Trump, the only president to have been impeached twice, is charged with inciting an insurrection in the deadly Jan. 6 riot at the Capitol.

The Republican leader's views carry sway among GOP senators and are likely to influence others weighing their votes.

While most Democrats are expected to convict the former president, acquittal is likely in the evenly divided Senate.

Senators are meeting for a rare Saturday session as the weeklong trial wraps up.

__ Alan Fram

___

9:45 a.m.

The closing phase of Donald Trump’s impeachment trial is putting new scrutiny on what actions the former president took when his supporters overwhelmed police and stormed the Capitol on Jan. 6. It comes as Democrats consider whether to force a debate on calling witnesses for the trial, which would require a majority vote of the Senate.

Democrats argue Trump incited the riot and then refused to stop it, putting Vice-President Mike Pence in danger. Pence was in the Capitol presiding over the certification of President Joe Biden’s election victory and was rushed to safety as the Capitol was invaded.

Rep. Jaime Herrera Beutler of Washington, who was one of 10 Republicans to vote for Trump’s impeachment in the House, said in a statement late Friday Trump rebuffed a plea from House Minority Leader Kevin McCarthy to call off the rioters on Jan. 6. She said McCarthy had relayed the conversation to her.

Another Republican, Sen. Tommy Tuberville of Alabama, said he told Trump during a call on Jan. 6 that Pence was being evacuated from the Senate.

Several Republicans who are seen as wavering on whether to convict Trump pressed Trump’s lawyers during questioning to account for Trump’s actions on Jan. 6.

One of Trump’s lawyers, Michael van der Veen, responded to those questions by saying that at “no point” was the president informed of any danger to Pence.

Sen. Sheldon Whitehouse, a Democrat from Rhode Island, said the Senate should “suspend the trial” to question McCarthy and Tuberville under oath, and to seek records from the Secret Service.

“What did Trump know, and when did he know it?” Whitehouse tweeted.

The trial resumes Saturday at 10 a.m. EST.

___

8:45 a.m.

A little over a month ago, rioters stormed the U.S. Capitol as Congress was voting to affirm Joe Biden’s election as the 46th president.

On Saturday, the Senate is set to meet in a rare weekend session for closing arguments in Donald Trump’s second impeachment trial. And the evenly-divided Senate is poised to vote on whether the former president will be held accountable for inciting the Jan. 6 siege.

It seems unlikely that the 100-member Senate will be able to mount the two-thirds vote needed to convict Trump. Acquittal could heavily influence not only Trump’s political future but that of the senators sworn to deliver impartial justice as jurors.

Trump is the only president to be twice impeached and the first to face trial after leaving office.

House prosecutors have argued that Trump’s rallying cry to go to the Capitol and “fight like hell” for his presidency just as Congress was convening Jan. 6 to certify Joe Biden’s election victory was part of an orchestrated pattern of violent rhetoric and false claims that unleashed the mob.

Trump’s lawyers say Trump’s words were not intended to incite the violence and that impeachment is nothing but a “witch hunt” designed to prevent him from serving in office again.

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7:30 a.m.

Seldom has Mitch McConnell signalled so little about such a consequential vote.

Many expect the Senate’s top Republican to back acquitting former President Donald Trump of a charge of inciting rioters who assaulted the Capitol last month. But no one is really sure how McConnell will vote.

The Washington political universe and the world beyond will hold their collective breath when the Senate impeachment trial roll call reaches McConnell’s name. The suspense over how he’ll vote underscores how much is at stake for McConnell and his party, though it seems extremely unlikely that 17 GOP senators will join all 50 Democrats to convict Trump.

McConnell is the chamber’s most influential Republican and the longest-serving GOP leader ever, and a vote to acquit would leave the party locked in its struggle to define itself in the post-Trump presidency. A guilty vote could do more to roil GOP waters by signalling an attempt to yank the party away from a figure still revered by most of its voters.
News from © The Associated Press, 2021
The Associated Press

News from © The Associated Press, 2021
The Associated Press

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