GOP largely sides against holding Donald Trump impeachment trial
All but five Senate Republicans voted in favor of an effort to dismiss Donald Trump’s historic second impeachment trial on Tuesday, making clear a conviction of the former president for “incitement of insurrection” after the deadly Capitol siege on Jan. 6 is unlikely. While the Republicans did not succeed in ending the trial before it began, the test vote made clear that Trump still has enormous sway over his party as he becomes the first former president to be tried for impeachment. Many Republicans have criticized Trump’s role in the attack — before which he told his supporters to “fight like hell” to overturn his defeat — but most of them have rushed to defend him in the trial. “I think this was indicative of where a lot of people’s heads are,” said South Dakota Sen. John Thune, the No. 2 Republican in the Senate, after the vote. Late Tuesday, the presiding officer at the trial, Sen. Patrick Leahy, D-Vt., was taken to the hospital for observation after not feeling well at his office, spokesman David Carle said in a statement. The 80-year-old senator was examined by the Capitol’s attending physician, who recommended he be taken to the hospital out of an abundance of caution, he said. Later Tuesday, Carle said Leahy had been sent home “after a thorough examination” and was looking forward to getting back to work. Leahy presided over the trial’s first procedural vote, a 55-45 tally that saw the Senate set aside an objection from Kentucky Sen. Rand Paul that would have declared the impeachment proceedings unconstitutional and dismissed the trial. The vote means the trial on Trump’s impeachment will begin as scheduled the week of Feb. 8. The House impeached him Jan. 13, just a week after the deadly insurrection in which five people died. What seemed for some Democrats like an open-and-shut case that played out for the world on live television is running into a Republican Party that feels very different. Not only do senators say they have legal concerns, but they are wary of crossing the former president and his legions of followers. It’s unclear if any Republicans would vote to convict Trump on the actual charge of incitement after voting in favor of Paul’s effort to declare it unconstitutional. Ohio Sen. Rob Portman said after the vote that he had not yet made up his mind, and that constitutionality “is a totally different issue” than the charge itself. But many others indicated that they believe the final vote will be similar. The vote shows that “they’ve got a long ways to go to prove it,” Iowa Sen. Joni Ernst said of House Democrats’ charge. South Carolina Sen. Lindsey Graham, a close Trump ally, said he thinks the vote was “a floor not a ceiling.” Oklahoma Sen. James Lankford said he thinks that most Republicans will not see daylight between the constitutionality and the article of incitement. “You’re asking me to vote in a trial that by itself on its own is not constitutionally allowed?” he asked. Conviction would require the support of all Democrats and 17 Republicans, or two-thirds of the Senate — far from the five Republicans who voted with Democrats Tuesday to allow the trial to proceed. They were Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania — all recent critics of the former president and his effort to overturn President Joe Biden’s win. Senate Republican Leader Mitch McConnell, who has said Trump “provoked” the riots and indicated he is open to conviction, voted with Paul to move toward dismissing the trial. Democrats rejected the argument that the trial is illegitimate or unconstitutional because Trump is no longer in office, pointing to an 1876 impeachment of a secretary of war who had already resigned and to the opinions of many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president as Electoral College votes were being tallied, is necessary. “It makes no sense whatsoever that a president, or any official, could commit a heinous crime against our country and then defeat Congress’ impeachment powers — and avoid a vote on disqualification — by simply resigning, or by waiting to commit that offense until their last few weeks in office,” said Senate Majority Leader Chuck Schumer. Before the vote, the senators officially opened the trial by taking oaths to ensure “impartial justice” as jurors. The nine House Democrats prosecuting the case against Trump carried the sole impeachment charge across the Capitol on Monday evening in a solemn and ceremonial march along the same halls the rioters ransacked three weeks ago. The lead House prosecutor, Rep. Jamie Raskin of Maryland, stood before the Senate to describe the violent events of Jan. 6 and read the House resolution charging “high crimes and misdemeanors.” For Democrats the tone, tenor, and length of the trial so early in Biden’s presidency poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration’s priorities following their sweep of control of the House, Senate, and White House. Chief Justice John Roberts is not presiding at the trial, as he did during Trump’s first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office. Instead, Leahy, who serves in the largely ceremonial role of Senate president pro tempore, was sworn in on Tuesday. Leaders in both parties agreed to a short delay in the proceedings, which serves their political and practical interests, even as National Guard troops remain at the Capitol because of security threats to lawmakers ahead of the trial. The start date gives Trump’s still-evolving legal team time to prepare its case, while also providing more than a month’s distance from the passions
Donald Trump impeachment goes to Senate, testing his sway over GOP
House Democrats delivered the impeachment case against Donald Trump to the Senate late Monday for the start of his historic trial, but Republican senators were easing off their criticism of the former president and shunning calls to convict him over the deadly siege at the U.S. Capitol. It’s an early sign of Trump’s enduring sway over the party. The nine House prosecutors carried the sole impeachment charge of “incitement of insurrection” across the Capitol, making a solemn and ceremonial march to the Senate along the same halls the rioters ransacked just weeks ago. But Republican denunciations of Trump have cooled since the Jan. 6 riot. Instead, Republicans are presenting a tangle of legal arguments against the legitimacy of the trial and questioning whether Trump’s repeated demands to overturn Joe Biden’s election really amounted to incitement. What seemed for some Democrats like an open-and-shut case that played out for the world on live television, as Trump encouraged a rally mob to “fight like hell” for his presidency, is running into a Republican Party that feels very differently. Not only are there legal concerns, but senators are wary of crossing the former president and his legions of followers — who are their voters. Security remains tight at the Capitol. Sen. John Cornyn, R-Texas, asked if Congress starts holding impeachment trials of former officials, what’s next: “Could we go back and try President Obama?” Besides, he suggested, Trump has already been held to account. “One way in our system you get punished is losing an election.” Arguments in the Senate trial will begin the week of Feb. 8, and the case against Trump, the first former president to face impeachment trial, will test a political party still sorting itself out for the post-Trump era. Republican senators are balancing the demands of deep-pocketed donors who are distancing themselves from Trump and voters who demand loyalty to him. One Republican, Sen. Rob Portman of Ohio, announced Monday he would not seek reelection in 2022, citing the polarized political atmosphere. For Democrats the tone, tenor, and length of the upcoming trial, so early in Biden’s presidency, poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration’s priorities following their sweep of control of the House, Senate, and White House. Biden himself told CNN late Monday that the impeachment trial “has to happen.” While acknowledging the effect it could have on his agenda, he said there would be “a worse effect if it didn’t happen.” Biden said he didn’t think enough Republican senators would vote for impeachment to convict, though he also said the outcome might well have been different if Trump had six months left in his term. In a Monday evening scene reminiscent of just a year ago — Trump is now the first president twice impeached — the lead prosecutor from the House, this time Rep. Jamie Raskin of Maryland, stood before the Senate to read the House resolution charging “high crimes and misdemeanors.” Earlier, Senate Majority Leader Chuck Schumer said failing to conduct the trial would amount to a “get-out-jail-free card” for others accused of wrongdoing on their way out the door. Republicans appear more eager to argue over trial process than the substance of the case, he said, perhaps to avoid casting judgment on Trump’s “role in fomenting the despicable attack” on the Capitol. Schumer said there’s only one question “senators of both parties will have to answer before God and their own conscience: Is former President Trump guilty of inciting an insurrection against the United States?” On Monday, it was learned that Chief Justice John Roberts is not expected to preside at the trial, as he did during Trump’s first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office. Instead, Sen. Patrick Leahy, D- Vt., who serves in the largely ceremonial role of Senate president pro tempore, is set to preside. Leaders in both parties agreed to a short delay in the proceedings that serves their political and practical interests, even as National Guard troops remain at the Capitol amid security threats on lawmakers ahead of the trial. The start date gives Trump’s new legal team time to prepare its case, while also providing more than a month’s distance from the passions of the bloody riot. For the Democratic-led Senate, the intervening weeks provide prime time to confirm some of Biden’s key Cabinet nominees. Sen. Chris Coons, D-Del., questioned how his colleagues who were in the Capitol that day could see the insurrection as anything other than a “stunning violation” of the nation’s history of peaceful transfers of power. “It is a critical moment in American history,” Coons said Sunday in an interview. An early vote to dismiss the trial probably would not succeed, given that Democrats now control the Senate. The House approved the charge against Trump on Jan. 13, with 10 Republicans joining the Democrats. Still, the mounting Republican opposition to the proceedings indicates that many GOP senators will eventually vote to acquit Trump. Democrats would need the support of 17 Republicans — a high bar — to convict him. One by one, Republican senators are explaining their objections to the unprecedented trial and scoffing at the idea of trying to convict Trump now that he’s no longer in office. Rand Paul of Kentucky said that without the chief justice presiding the proceedings are a “sham.” Joni Ernst of Iowa said that while Trump “exhibited poor leadership,” it’s those who assaulted the Capitol who “bear the responsibility.” New Sen. Tommy Tuberville of Alabama said Trump is one of the reasons he is in the Senate, so “I’m proud to do everything I can for him.” Sen. Tom Cotton, R-Ark., is among those who say the Senate does not have the constitutional authority to convict a former president. Democrats reject that argument, pointing to an 1876 impeachment of
More Republicans say AG Jeff Sessions should recuse himself
The Latest on Attorney General Jeff Sessions‘ talks with the Soviet ambassador (all times local): 11:25 a.m. attorneyAttorney The top House Democrat says Attorney General Jeff Sessions lied under oath when he told the Senate Judiciary that he had no contacts with the Russian government and says he should resign. Nancy Pelosi says, “Perjury is a crime.” In the meantime, Republican Sens. Lindsey Graham of South Carolina and Marco Rubio of Florida joined a growing chorus of Republicans calling upon Sessions to recuse himself from any investigation on contacts between the Russians and President Donald Trump‘s campaign last year. Graham says, “Somebody other than Jeff needs to do it.” Graham also tells reporters he is meeting Thursday with FBI Director James Comey and will demand to know whether there is an investigation into the Russia contacts. ___ 10:58 a.m. A growing number of Republicans want Attorney General Jeff Sessions to recuse himself from the investigation into Russian meddling in the election and ties to the Trump campaign. Ohio Sen. Rob Portman says in a statement that Sessions is a former colleague and a friend, “but I think it would be best for him and for the country to recuse himself from the DOJ Russia probe.” Portman joins congressmen Jason Chaffetz, Darrell Issa and Tom Cole in calling for Sessions to recuse himself, Other Senate Republicans are rallying around Sessions, saying they trust him and that it’s up to Sessions whether to recuse himself. Sen. Richard Burr of North Carolina chairs the Senate Intelligence Committee. He says, “I trust Jeff Sessions to make that decision.” ___ 10:33 a.m. Democratic Sen. Elizabeth Warren joins other Democrats in calling for Attorney General Jeff Sessions to resign. She says there should be an independent special prosecutor named to oversee an investigation of Russian interference in the U.S. election. Warren has clashed repeatedly with President Donald Trump and Senate Republicans. The Massachusetts senator reacted in a series of tweets to reports that Sessions talked twice with Russia’s ambassador during the presidential campaign, conversations that seem to contradict sworn statements Sessions gave to Congress during his confirmation hearings. The White House says Sessions met with the diplomat in his capacity as a then-U.S. senator, not a Trump campaign adviser. ___ 10:25 a.m. Senate Democratic leader Chuck Schumer is calling on Attorney General Jeff Sessions to resign. Several Republicans and Democrats have called for Sessions to recuse himself from an investigation into Russian interference in the U.S. election following the revelation he talked twice with Russia’s ambassador to the United States during the presidential campaign. The conversations seem to contradict sworn statements Sessions gave to Congress during his confirmation hearings. Schumer says a special prosecutor is needed to investigate the allegations of Russian interference and also look into whether the investigation has already been compromised by Sessions. House Democratic leader Nancy Pelosi has accused Sessions of “lying under oath” and demanded that he resign. ___ 10:25 a.m. Another congressional Republican says Attorney General Jeff Sessions should recuse himself from any investigation into Russia meddling in the election and links to the Trump campaign. In a statement, congressman Darrell Issa of California joined House Oversight Chairman Jason Chaffetz in calling on Sessions to recuse himself now. Issa says, “We need a clear-eyed view of what the Russians actually did so that all Americans can have faith in our institutions.” It is members of the Senate Foreign Relations Committee who typically meet with foreign ambassadors, not Armed Services Committee lawmakers whose responsibility is oversight of the military and the Pentagon. Congressional contact with Russian officials was limited after the invasion of Crimea and due to Moscow’s close relationship with Syria, a pariah for much of the West. ___ 9:15 a.m. A Republican committee chairman says Attorney General Jeff Sessions should recuse himself from an investigation into Russian interference in the U.S. election. Utah’s Jason Chaffetz chairs the House Oversight and Government Reform Committee. He tells MSNBC that Sessions “is going to need to recuse himself at this point.” The Justice Department has confirmed Sessions talked twice with Russia’s ambassador to the United States during the presidential campaign, a seeming contradiction to sworn statements he gave to Congress. Chaffetz told MSNBC that Sessions “should further clarify.” Democratic Sen. Claire McCaskill of Missouri called on Sessions to resign, and Democratic Sen. Patrick Leahy of Vermont said he should recuse himself. ___ 8:30 a.m. A Democratic senator says Attorney General Jeff Sessions should step aside from any role in the Justice Department’s investigation of Trump campaign ties to Russia. Minnesota’s Al Franken tells MSNBC’s “Morning Joe” that Sessions’ statements about his contacts with Moscow have been “contradictory.” At Session’s confirmation hearing in January, Franken asked the then-Alabama senator what he would do if there was evidence that anyone from the Trump campaign had been in touch with the Russian government during the 2016 White House race. Sessions replied he was “unaware of those activities.” But the Justice Department has confirmed that Sessions had two conversations with Russia’s ambassador to the United States. Franken is calling for an “independent prosecutor” to investigate any links the Trump campaign may have had with the Russian government and says Sessions must “come forward with the truth.” ___ 8:15 a.m. A Kremlin spokesman says all the attention given to Jeff Sessions’ meetings with Russia’s U.S. ambassador during the U.S. presidential campaign last year could affect improved ties between the countries. Sessions — who’s now President Donald Trump’s attorney general — was a senator and policy adviser to Trump’s campaign at the time of the meetings with Ambassador Sergei Kislyak. Dmitry Peskov is the spokesman for Russian President Vladimir Putin. Peskov tells reporters that he didn’t know about the meetings. But he says it’s normal for Russian diplomats to meet with U.S. lawmakers. The White House says Sessions met with the diplomat in his capacity as a senator, rather than as a Trump campaign adviser. Peskov is characterizing reaction to the news of the meetings as “an
Jeff Sessions spoke with Russian envoy in 2016, Justice Dept says
Attorney General Jeff Sessions talked twice with Russia’s ambassador to the United States during the presidential campaign, the Justice Department confirmed, communications that spurred calls in Congress for him to recuse himself from an investigation into Russian interference in the U.S. election. Sessions, an early supporter of President Donald Trump‘s candidacy and a policy adviser to the Republican, did not disclose those discussions at his Senate confirmation hearing in January when asked what he would do if “anyone affiliated” with the campaign had been in contact with officials of the Russian government. Sessions replied that he had not had communications with the Russians. In a statement late Wednesday, Sessions said, “I never met with any Russian officials to discuss issues of the campaign. I have no idea what this allegation is about. It is false.” Justice Department spokeswoman Sarah Isgur Flores said Wednesday night that “there was absolutely nothing misleading about his answer.” That statement did not satisfy Democrats, who even before Wednesday had sought his recusal from the ongoing federal investigation and had raised questions about whether he could properly oversee the probe. Sessions said Thursday in a brief interview with NBC, “I have said that, when it’s appropriate, I will recuse myself.” White House spokeswoman Sarah Huckabee Sanders earlier called the disclosure of the talks with the ambassador, Sergey Kislyak, “the latest attack against the Trump administration by partisan Democrats.” She added that Sessions “met with the ambassador in an official capacity as a member of the Senate Armed Services Committee, which is entirely consistent with his testimony.” House Democratic leader Nancy Pelosi accused Sessions of “lying under oath” and demanded that he resign. Other Democrats called on him to step aside from the investigation. House Majority Leader Kevin McCarthy, appearing Thursday on MSNBC’s “Morning Joe” show, “I just think he needs to clarify what these meetings were.” The California Republican said it isn’t unusual for members of Congress to meet with ambassadors, but he added that if a question arose about the integrity of a federal investigation, “I think it’d be easier” for an attorney general to step away from the probe. Sessions had more than 25 conversations with foreign ambassadors last year in his role as a U.S. senator and senior member of the Armed Services Committee, and had two separate interactions with Kislyak, the department confirmed. One was a visit in September in his capacity as a senator, similar to meetings with envoys from Britain, China, Germany and other nations, the department said. The other occurred in a group setting following a Heritage Foundation speech that Sessions gave during the summer, when several ambassadors — including the Russian ambassador — approached Sessions after the talk as he was leaving the stage. Revelations of the contacts, first reported by The Washington Post, came amid a disclosure by three administration officials that White House lawyers have instructed aides to Trump to preserve materials that could be connected to Russian meddling in the American political process. The officials who confirmed that staffers were instructed to comply with preservation-of-materials directions did so on condition of anonymity because they were not authorized to publicly disclose the memo from White House counsel Don McGahn. On the Sessions revelation, Rep. Adam Schiff of California, the top Democrat on the House Intelligence Committee, said: “If reports are accurate that Attorney General Sessions — a prominent surrogate for Donald Trump — met with Ambassador Kislyak during the campaign, and failed to disclose this fact during his confirmation, it is essential that he recuse himself from any role in the investigation of Trump campaign ties to the Russians.” Asked by reporters Monday about the prospect of a recusal, Sessions had said, “I would recuse myself from anything that I should recuse myself on.” At the confirmation hearing in January, Sen. Al Franken of Minnesota asked Sessions about allegations of contact between Russia and Trump aides during the 2016 election. He asked Sessions what he would do if there were evidence that anyone from the Trump campaign had been in touch with the Russian government during the campaign. Sessions replied he was “unaware of those activities.” Then he added: “I have been called a surrogate at a time or two in that campaign and I didn’t have, did not have communications with the Russians, and I’m unable to comment on it.” Flores, the Justice Department spokeswoman, said that response was not misleading. “He was asked during the hearing about communications between Russia and the Trump campaign — not about meetings he took as a senator and a member of the Armed Services Committee,” she said in a statement. Franken said in a statement he was troubled that the new attorney general’s response to his question was “at best, misleading.” He said he planned to press Sessions on his contact with Russia. “It’s clearer than ever now that the attorney general cannot, in good faith, oversee an investigation at the Department of Justice and the FBI of the Trump-Russia connection, and he must recuse himself immediately,” Franken said. Separately in January, Sen. Patrick Leahy, a Judiciary Committee Democrat, asked Sessions in a written questionnaire whether “he had been in contact with anyone connected to any part of the Russian government about the 2016 election, either before or after election day.” Sessions replied simply, “No.” Republished with permission of The Associated Press.
Senate Democrats escalate fight over Jeff Sessions after Donald Trump fires Sally Yates
Senate Democrats doubled-down on their opposition to President Donald Trump‘s pick for attorney general, Republican Sen. Jeff Sessions, questioning his independence following Trump’s Monday night dismissal of the acting attorney general Sally Yates for refusing to enforce his executive order on immigration. The vote on Sessions’ nomination has been delayed until Wednesday. Democratic senators spent several hours Tuesday morning detailing the reservations they have about Sessions’ ability to be an independent attorney general, serving as a power-check to Trump who already believe is already pushing the bounds of his executive powers. “That is what an attorney general must be willing and able to do,” said the top Democrat on the Judiciary Committee, California-Democrat Sen. Dianne Feinstein. “I have no confidence Sen. Sessions will do that. Instead he has been the fiercest, most dedicated and most loyal promoter in Congress of the Trump agenda.” “Will he support and defend these broad and disruptive executive orders? Will he carry out and enforce the president’s actions that may very well violate the Constitution? It’s not difficult to assess that he will,” Feinstein concluded. Vermont-Democrat Sen. Patrick Leahy joined in voicing his opposition. “What we saw last night demonstrates what is at stake with this nomination,” said Leahy during the Tuesday morning meeting. “The attorney general is the people’s attorney. Not the president’s attorney. He or she does not wear two hats at once. I have very serious doubts that Senator Sessions would be an independent attorney general,” Leahy added. The Committee vote on Sessions’ nomination will now take place 10:30 a.m. Wednesday.
