Live: Day 4 Of Donald Trump’s Impeachment Trial In The Senate | NBC News

>> ALL RIGHT. THANK YOU, KELLY. THAT DOES IT FOR THIS HOUR. MORNING NEWS NOW THAT THE NEWS CONTINUES, OF COURSE, RIGHT NOW. ♪ >> EVERYBODY. I'M JEFF BENNETT AND YOU'RE WATCHING NBC NEWS NOW ALL EYES ARE ON THE DEFENSE AS LAWYERS FOR FORMER PRESIDENT DONALD TRUMP GET THEIR TURN TODAY TO MAKE A CASE FOR ACQUITTAL AT HIS SECOND IMPEACHMENT TRIAL. WE'LL TRY TO REBUT THE HOUSE MANAGERS ALLEGATIONS LAID OUT OVER THE LAST 2 DAYS THAT HE INCITED THE DEADLY INSURRECTION AT THE U.S. CAPITOL ON JANUARY 6. INSTEAD THEY'LL ARGUE THE RIOTERS ACTED COMPLETELY ON THEIR OWN ACCORD TODAY COULD VERY WELL BE THE ONLY DAY THAT THEY PRESENT THEIR ARGUMENTS. PREVIEWING TO REPORTERS THAT THEY'LL USE LESS THAN ONE DAY TO MAKE THEIR CASE. ONE OF TRUMP'S ATTORNEYS, DAVID SCHOEN TELLING REPORTERS THEY COULD WRAP THINGS UP IN JUST 3 OR 4 HOURS TODAY. THAT MEANS WE COULD ALSO SEE THE QUESTION AND ANSWER SESSION TODAY AS WELL. FOLLOWED BY A VOTE ON CALLING WITNESSES AS OF RIGHT NOW.

NEITHER SIDE IS EXPECTED TO REQUEST ANY AND THAT TEES UP A FINAL VOTE ON WHETHER TO CONVICT THE FORMER PRESIDENT AS EARLY AS TOMORROW. MEANTIME, THE HOUSE MANAGERS FINISH THEIR CASE YESTERDAY WITH A FINAL PLEA TO THE SENATORS TO CONVICT PRESIDENT TRUMP. THIS TIME FOCUSING ON WRITER'S WORDS THAT THEY ARGUE DIRECTLY CONNECTED THE RIOT TO PRESIDENT TRUMP AND WARNING WHAT COULD HAPPEN IF HE'S NOT HELD ACCOUNTABLE, BUT MOST REPUBLICAN SENATORS ARE STILL STICKING BY THE FORMER PRESIDENT. >> WE'LL GET TO MORE ON WHAT TO EXPECT TODAY IN THE TRIAL. BUT WE START WITH NBC NEWS CHIEF WHITE HOUSE CORRESPONDENT KRISTEN WELKER TO BREAK DOWN WHAT WE'VE HEARD SO FAR, CHRIS, A. >> I JUST GOOD MORNING TO YOU. AFTER A WEEK OF DRAMATIC DEVELOPMENTS IN THE IMPEACHMENT TRIAL TODAY. FORMER PRESIDENT TRUMP'S LAWYERS ARE EXPECTED TO ARGUE THE TRIAL ITSELF IS UNCONSTITUTIONAL. ALSO TRY TO MAKE THE CASE THAT DEMOCRATS ARE BEING HYPOCRITICAL AFTER SOME OF THEM HAVE MADE INFLAMMATORY COMMENTS THEMSELVES IN ALL CAPS. ANOTHER DAY OF HIGH STAKES ACTION ON CAPITOL HILL. >> IN THEIR FINAL DAY OF ARGUMENTS HOUSE DEMOCRATS WARNING SENATORS THAT FAILING TO CONVICT FORMER PRESIDENT TRUMP WILL HAVE DIRE AND LASTING CONSEQUENCES IF YOU DON'T FIND THIS.

>> A HIGH CRIME AND MISDEMEANOR TODAY SET A NEW TERRIBLE STANDARD FOR PRESIDENTIAL UNITED STATES OF AMERICA ON THURSDAY NEWLY RELEASED COURT DOCUMENTS SHOWED THAT MILITIA GROUP, THE OATH KEEPERS WAS PLOTTING VIOLENT ACTION TO STOP JOE BIDEN'S INAUGURATION INCLUDING BRINGING HEAVY WEAPONS ACROSS THE POTOMAC RIVER INTO WASHINGTON. ONE MEMBER OF THE GROUP SAYING IN A TEXT MESSAGE IF TRUMP ASKS ME TO COME I WILL DRIVING HOME THE ARGUMENT BY HOUSE DEMOCRATS THAT MISTER TRUMP SET THE STAGE FOR THE INSURRECTION BY CITING THE WRITER'S OWN WORDS ON CAMERA. >> PRESIDENT REQUESTED THAT WE'D BE IN DC SO THIS WAS OUR WAY OF DOING AND STOPPING THIS >> NO, JUST SAY WE WE LOVE THE THE API.

WHAT DO YOU MEAN DEMOCRATS ALSO TRIED TO DEBUNK AN ARGUMENT FROM THE FORMER PRESIDENT'S DEFENSE TEAM THAT MISTER TRUMP WAS SPEAKING FIGURATIVELY WHEN HE SAID THIS MINUTES BEFORE THE INSURRECTION BEGAN THAT YOU DON'T FIGHT LIKE HOW YOU'RE NOT GONNA HAVE A COUNTRY ANYMORE. NOW WASN'T METAPHORICAL. IT WAS RHETORICAL. HE'D ALREADY MADE IT PERFECTLY CLEAR THAT WHEN HE SAID FIGHT, HE POINTING TO THE FORMER PRESIDENT'S INFLAMMATORY RHETORIC FROM CAMPAIGN RALLIES NOT TO CRAFT THAT USES. >> KNOCKED I PROMISE YOU I WILL PAY FOR THE LEGAL FEES TO HIS COMMENTS AFTER THE 2017 WHITE SUPREMACIST RALLY IN GROUP. >> BUT YOU ALSO HAD PEOPLE THAT WERE. VERY FINE PEOPLE ON BOTH SIDES. IMPEACHMENT MANAGERS ALSO ARGUED THE FORMER PRESIDENT HAS NOT EXPRESSED ANY REMORSE PLAYING THESE COMMENTS FROM 6 DAYS AFTER THE INSURRECTION BY SPEECH IN MY WORDS AND MY FINAL PARAGRAPH BY FINAL >> AND EVERYBODY JUST DAYS HE THOUGHT IT WAS TOTALLY APPROPRIATE.

HE KNEW THE PEOPLE THAT GUY. AND HIS MESSAGE TO HOLD US WAS. >> THAT IS CONDUCT WAS TOLD THE APPROPRIATE NBC NEWS CAPTURED VIDEO OF MISTER TRUMP GOLFING IN FLORIDA DURING THE PROCEEDINGS AS HIS REPUBLICAN ALLIES BLASTED THE ENTIRE IMPEACHMENT PROCESS IS TOTALLY UNCONSTITUTIONAL AND IT IS INCREDIBLY SELFISH ON THE PART OF THE DEMOCRATS WERE PURSUING THEIR OWN PERSONAL POLITICAL VENDETTAS HERE ON THURSDAY, PRESIDENT BIDEN WEIGHING IN ON THE TRIAL FOR THE FIRST TIME WHEN PRESSED BY NBC NEWS ABOUT THOSE NEWLY RELEASED VIDEOS OF THE CAPITOL RIOT. DID YOU SEE THE VIDEO YESTERDAY DURING THE IMPEACHMENT TRIAL. AND WHAT WAS YOUR REACTION MISTER PRESIDENT. I LIKE OTHER AMERICANS. >> THE NEWS. I THINK THE SENATE HAS HORTON JOB TO COMPLETE. AND I THINK GOD. I GUESS IS SOME MIGHT A BUT I DON'T KNOW. >> NOW PRESIDENT BIDEN STILL WOULD NOT SAY WHETHER HIS PREDECESSOR SHOULD BE CONVICTED.

HIS PRESS SECRETARY SAID MISTER BIDEN'S ON THE VIDEOS HARROWING AND DEEPLY DISTURBING TODAY MISTER TRUMP'S ATTORNEYS WILL HAVE A CHANCE TO MAKE THEIR CASE, BUT THEY'RE NOT EXPECTED TO TAKE UP ALL 16 HOURS. THAT'S A LOT OF THEM, WHICH MEANS THE ENTIRE CHILD COULD BE WRAPPED UP BY THE END OF THE WEEKEND. JEFF. >> THAT WAS NBC'S KRISTEN WELKER REPORTING. ALL RIGHT. CONGRESSMAN JAMIE RASKIN, THE LEAD HOUSE IMPEACHMENT MANAGER WRAPPED UP HIS TEAM'S PRESENTATION LISTING A NUMBER OF QUESTIONS HE WOULD HAVE ASKED THE FORMER PRESIDENT IF TRUMP HAD ACCEPTED HIS INVITATION TO TESTIFY. LOOK AT THIS. >> WHY DID PRESIDENT TRUMP AND NOT TELL HIS SUPPORTERS TO STOP THE ATTACK ON THE CAPITAL AS SOON AS HE LEARNED OF IT.

WHY DID PRESIDENT TRUMP DO NOTHING TO STOP THE ATTACK FOR AT LEAST 2 HOURS AFTER THE ATTACK BEGAN. AS CONSTITUTIONAL COMMANDER IN CHIEF. WHY DID HE DO NOTHING TO SEND HELP. 2 ARE OVERWHELMED AND THE SIEGE. LAW ENFORCEMENT OFFICERS FOR AT LEAST 2 HOURS ON JANUARY 16TH AFTER THE ATTACK BEGAN. GENERALLY 6. WHY DID PRESIDENT TRUMP OR NOT AT ANY POINT THAT DAY. CONDEMN THE VIOLENT INSURRECTION AND THE INSURRECTIONISTS. THE PRESIDENT INCITED A VIOLENT INSURRECTION AGAINST OUR GOVERNMENT.

WOULD THAT BE A HIGH CRIME AND MISDEMEANOR. CAN WE ALL AGREE AT LEAST ON THAT. >> ALL RIGHT. LET'S BRING IN NBC NEWS CORRESPONDENT LEIGH ANN CALDWELL WHO'S ON CAPITOL HILL SULLY AND HERE WE GO DAY 4 OF THIS IMPEACHMENT TRIAL. WHAT WHAT ARE YOU HEARING FROM THE PRESIDENT'S LEGAL TEAM HEADING INTO TODAY'S ARGUMENTS. >> WELL, THE PRESIDENT'S DEFENSE TEAM, THEY HAVE 16 HOURS TO MAKE THEIR CASE. BUT THEY SAY THAT THEY'RE ONLY GOING TO USE 3 TO 4 OF THOSE HOURS. YOU CAN EXPECT THEM TO FOCUS ON THIS SPEECH THAT THE FORMER PRESIDENT GAVE IT THE LIPS BEFORE THE INSURRECTION HAPPENED ON JANUARY 6. THAT'S JUST ONE LINE IN THE SPEECH. NOT ALL THE HE TALKED ABOUT GO AND FIGHT. HE'S THEY'RE GOING TO TRY TO GIVE WHAT THEY SAY IS THE OTHER SIDE OF THE ARGUMENT. HE ALSO EXPECTED TO MAKE AN ARGUMENT ABOUT THE FIRST AMENDMENT AND THAT POLITICAL SPEECH SHOULD NOT BE AND OUTLAWED ESSENTIALLY. SO THOSE ARE GOING TO BE SOME OF THE MAIN ARGUMENTS WE'RE GOING TO HEAR. BUT ALSO AFTER TODAY WE COULD SEE THAT QUESTION AND ANSWER SESSION BY SENATORS WILL ABLE TO ASK THE DEFENSE TEAM AND THE IMPEACHMENT MANAGERS.

ANY REMAINING QUESTIONS THEY HAVE SOMETIMES THOSE LEGITIMATE QUESTIONS AND SOMETIMES ARE JUST QUESTIONS TO PROVE POINTS. THAT MEANS THAT THIS CHILD COULD BE WRAPPING UP RELATIVELY SOON IN THE NEXT DAY OR 2. JEFF. >> AND WE HAVE A QUESTION ABOUT WHAT HAPPENED YESTERDAY EVENING BECAUSE WE UNDERSTAND THAT YOU HAVE THOSE 3 REPUBLICAN SENATORS TO HAPPEN TO BE ALLIES OF FORMER PRESIDENT TRUMP SENATORS LINDSEY GRAHAM, MIKE LEE AND TED CRUZ ACTUALLY MET WITH HIS DEFENSE LAWYERS AHEAD OF THE OPENING ARGUMENTS. AND THAT'S SOMETHING THAT WOULDN'T HAPPEN IN A TYPICAL TRIAL. OF COURSE, THIS ISN'T A TYPICAL TRIAL. BUT WHAT MORE CAN YOU TELL US ABOUT WHAT HAPPENED THERE AND WHAT THEY TALKED ABOUT BEHIND CLOSED DOORS.

>> RIGHT. WELL, WE DO KNOW THAT THOSE 3 SENATORS HAVE BEEN DEFENDING THE PRESIDENT AT LEAST 2 OF THOSE SENATORS HAVE SAID THAT THEY ARE NOT GOING TO VOTE TO CONVICT IN THIS TRIAL SHOULD NOT BE HAPPENING WHAT THEY SAID BEHIND CLOSED DOORS THAT NOT TOTALLY SURE BUT THE OPTICS POUR NORMAL AVERAGE. EVERY PERSON WHO'S WATCHING THIS LOOK BAD. IT LOOKS LIKE THEY'RE COLLUDING WITH THE TRUMP DEFENSE TEAM. BUT IN FACT, THIS IS NOT A LEGAL TRIAL. THIS IS A POLITICAL PROCESS IN SOME OF THE SENATORS HAVE MADE BONES ABOUT THE FACT THAT THEY ARE ON THE SIDE. IT'S THE PRESIDENT. THESE AREN'T IMPARTIAL JURORS THAT THEY'RE ACTUALLY ALLOWED TO DO THAT. BUT IT IS PROVING THAT THEY ARE ON THE SIDE OF THE PRESIDENT AND YOU DO WANT TO SEE THIS PRESIDENT ACQUITTED JEFF. >> YEAH. AND TO YOUR POINT, THE FIRST IMPEACHMENT TRIAL. TRUMP'S FIRST IMPEACHMENT TRIAL WHICH WE COVERED TOGETHER. NEVER MITCH MCCONNELL ACCORDING TO DIRECTLY WITH THE WHITE HOUSE BACK THEN. AND DEMOCRATS, OF COURSE, WERE OUTRAGED. BUT TODAY'S DEFENSE ARGUMENTS, AS YOU MENTIONED, THEY'RE EXPECTED TO GO VERY QUICKLY. WE COULD HAVE A VERDICT AS SOON AS THIS WEEKEND.

RIGHT NOW, DEMOCRATS IN THIS HAS BEEN THE CASE ALL ALONG. THEY'RE STILL FAR SHORT OF THE 17 REPUBLICAN VOTES THEY NEED TO GET TO THAT MAGIC NUMBER OF 67 TO FORMER PRESIDENT TRUMP. COULD YOU SEE ANY MORE REPUBLICANS SWAYED. I MEAN, WHO'S ON YOUR WATCH LIST RIGHT NOW IN. >> SO JEFF, OF COURSE, WE'RE WATCHING THIS 6 REPUBLICAN SENATORS. HE DID VOTE TO SAY THAT THIS CHILD WAS IN FACT CONSTITUTIONAL BUT THEN THERE'S ANOTHER GROUP THAT I'M ALSO WATCHING NOT THAT WE'RE GOING TO GET TO THE 17 NUMBER FOR CONVICTION BUT JUST KEEP AN EYE ON THESE, INCLUDING SENATOR RICHARD SHELBY AND RICHARD BURR ALABAMA AND NORTH CAROLINA RESPECTIVELY, BOTH OF THEM HAVE ANNOUNCED THEIR RETIREMENT.

THEY'RE NOT RUNNING FOR REELECTION IN 2022 SENATOR CHUCK GRASSLEY'S IN HIS LATE 80'S. HE MIGHT NOT RUN FOR REELECTION EITHER. SENATOR JOHN THUNE. HE IS UP FOR REELECTION. HE'S THE NUMBER 2 REPUBLICAN. BUT HE TOLD ME THE OTHER DAY THAT THE IMPEACHMENT MANAGERS DID MAKE A VERY COMPELLING CASE AND CONNECT THE DOTS QUITE WELL TO THE PRESIDENT. AND OF COURSE, WE'RE WATCHING THE SENATE MINORITY LEADER MITCH MCCONNELL. HE SAYS THIS IS A VOTE OF CONSCIENCE. HE HAS NOT INDICATED EITHER WAY. BUT THE FACT THAT HE HAS NOT COME OUT AND SAID THAT HE WILL VOTE TO ACQUIT THE FORMER PRESIDENT IS REMARKABLE WITHIN ITSELF. >> INLAND AS WE TALK ABOUT THE TRIAL, WE SHOULD MAKE NOTE OF THE FACT THAT THERE ARE STILL YOU KNOW, PRESIDENTS CARS ON THAT BUILDING AT THE CAPITOL THAT SERVE AS A LASTING REMINDER OF THE INSURRECTION AND SOME MEMBERS OF CONGRESS AS I UNDERSTAND IT, ARE REQUESTING THAT THE GLASS PANELS IN THE DOORS OF THE CAPITOL ROTUNDA WHICH WERE DESTROYED BY THOSE RIDERS.

THOSE GLASS PANELS BE PRESERVED IN THE CAPITAL. TELL US MORE ABOUT THAT. >> ABSOLUTELY. THEY JUST EVERY PAIR OF SOME OF THE GLASS BROKEN GLASS IN THOSE GLASS DOORS. THEY'VE BEEN UP THERE SINCE JANUARY 6 AND THERE'S BEEN A GROWING MOVEMENT AMONG LAWMAKERS ON CAPITOL HILL, THE SENATE AND THE HOUSE TO ENSURE THAT SOME OF THAT IS PRESERVE, SOME OF THEM ACTUALLY WANTED THOSE THAT BROKEN GLASS IN THE DOOR TO REMAIN THERE AS DAILY, A VISUAL REMINDER OF WHAT HAPPENED NOW THAT IT HAS ALREADY BEEN TAKEN DOWN AND REPLACED THE NEXT STEP.

THEY SAY IT NEEDS TO BE PROMINENTLY DISPLAYED AS A REMINDER OF WHAT HAPPENED AND WHAT SOME OF THESE LAWMAKERS SAY IS HOW CLOSE PEOPLE CAME TO THE DEMISE OF OUR DEMOCRACY ESSENTIALLY JEFFS. >> THANKS SO MUCH. NBC'S LEIGH ANN CALDWELL ON CAPITOL HILL. ALL RIGHT. IN LESS THAN AN HOUR. FORMER PRESIDENT TRUMP'S ATTORNEYS WILL PRESENT THEIR CASE BEFORE THE SENATE IN PURSUIT OF AN ACQUITTAL AS WE TOLD YOU ALL WEEK, DEMOCRATS NEED 17 REPUBLICAN SENATORS IN ORDER TO CONVICT. BUT HOW MANY ARE REALLY UP FOR GRABS AND WHERE DOES THE REPUBLICAN PARTY GO FROM HERE.

IF THE PRESIDENT IS ACQUITTED. JOINING US NOW IS BOSTON GLOBE COLUMNIST RENEE GREAT. AND DONALD TRUMP. IF THEY DON'T VOTE TO CONVICT HIM. THIS WEEKEND POTENTIALLY AND THE OTHER QUESTION IS DO THEY EVEN REALLY WANT TO. RIGHT NOW. THEY'RE WITH. >> I AM. YOU CAN HEAR ME. WHAT HAPPENED. OKAY. WAS THAT THE THE LORD OF PARTIES ESSENTIALLY HIGH. AND IT'S ONLY PROPER SAY. THE PARTY RESPONSIBILITY IS PROBABLY NOT GOING TO HOLD OUT TRUMP RESPONSIBLE. I THINK A LOT OF THAT HAS TO DO WITH THAT, WHICH MCCONNELL WHO'S BEEN ALL OVER THE MAP A LITTLE BIT.

YOU KNOW, THE WHAT WE HEARD THAT NO ONE KNOWS WHETHER WHETHER NOT HE'S GOING TO ACQUIT. NO ONE KNOWS. WHAT WOULD YOU HOW IT'S GOING TO DO IT ALL. BUT HE THINK ABOUT THE WAY MITCH MCCONNELL HAS BEHAVED SINCE THE ELECTION. IT TOOK A MOMENT ACKNOWLEDGE THAT JOE BIDEN WAS THE PRESIDENT AFTER THE INSURRECTION YOU MADE A BIG POINT. EVERY BUCHANAN DONALD TRUMP AND SAY MOB WAS FED LIES THAT THEY WILL COME BOTH BY THE PRESIDENT.

THAT WOULD SEEM VERY CLEAR CUT THAT HE WOULD LEAN TOWARDS HOWEVER, HE ALSO DECIDED EARLY THIS WEEK THAT IMPEACHING A PRESIDENT WHO'S OUT OF WAS UNCONSTITUTIONAL SOLD ALMOST IMPOSSIBLE TO READ WHERE THIS IS GOING TO GO. I DON'T THINK THEY GOT TO GET THE 17 VOTES. BUT I THINK THERE IS A LOT OF ATTENTION ON WHAT MITCH MCCONNELL IS GOING TO DO AND WHAT IMPACT HE COULD HAVE ON THE REST OF THE PARTY. >> AND LET ME YOU A QUESTION ABOUT THAT IMPACT. IF HE DOES SIGNAL TO HIS CAUCUS PRIVATELY THAT HE'S INCLINED TO VOTE TO CONVICT. IT. DOES THAT MATTER OR DO YOU STILL THINK THERE WOULD BE THOSE REPUBLICANS WOULD VOTE IN THEIR OWN POLITICAL TO ACQUIT THE FORMER PRESIDENT. >> I EXPECT THE MAJORITY REPUBLICANS SOON TO VOTE IN THEIR OWN INTEREST.

I DON'T THINK THEY HAD ANY DESIRE OF TOWARDS HOLDING DONALD TRUMP ACCOUNTABLE FOR WHATEVER REASON, WHETHER IT'S FOR EXPEDIENCY BECAUSE DEEP DOWN, THEY DON'T REALLY HAVE A PROBLEM. WHAT HAPPENED AT THE CAPITOL AND THAT'S KIND OF A SENSE, YOU KNOW WHAT WE'VE SEEN THIS WEEK. WE'VE HEARD STORIES UP. SENATORS TO ARE OUR TWEETING, OUR WALKING AT THE CHAMBER.

I'VE BEEN TAKING THIS SERIOUSLY. SO I DON'T REALLY THINK THERE'S AN ISSUE AROUND THEM FEELING LIKE, WELL, YOU KNOW, THIS IS THE THING WE NEED TO DO, NO, I HONESTLY DON'T EXPECT HIM TO DO THE RIGHT THING AT ALL. I DON'T THINK THERE'S A BATTLE FOR THE SOUL OF THE REPUBLICAN PARTY POINT. BUT THE REPUBLICAN PARTY HAS A SOUL. >> AND TO YOUR POINT, THERE ARE, OF COURSE, 2 AUDIENCES FOR THIS ENTIRE IMPEACHMENT TRIAL. THERE ARE THE 100 SENATORS IN THE ROOM AND THEN THERE'S THE MILLIONS UPON MILLIONS OF AMERICANS WERE WATCHING. DAY AFTER DAY AFTER DAY OF THESE PRESENTATIONS. WHAT DO YOU THINK? HOW DO YOU THINK IT'S RESONATING WITH THE AMERICAN PUBLIC GENERALLY. I MEAN, THERE'S THIS NOTION THAT IF SENATE DOESN'T VOTE TO CONVICT AND IF THEY DON'T HOLD PRESIDENT TRUMP ACCOUNTABLE. THE AMERICAN PUBLIC COULD IN A DIFFERENT WAY, HOLD THEM ACCOUNTABLE BY RENDERING HIM UNFIT FOR FUTURE OFFICE. SHOULD HE SEEK IT. >> WELL, YOU KNOW, I THINK EVERYONE HAS WATCHED THESE VIDEOS AND LISTEN TO THE AUDIO OF THIS WEEK THAT'S BEEN PRESENTED BY THE HOUSE IMPEACHMENT MANAGERS AND IT HAS BEEN CHILLING AND IT'S BEEN I THINK THAT'S THE IMPACT THAT IT'S HAVING ON.

THE PUBLIC IS WATCHING THESE THESE THESE PROCEEDINGS, YOU KNOW, WE'RE ALREADY SEEING THAT WITH PULLING PEOPLE BELIEVE DONALD TRUMP SHOULD BE CONVICTED IN THIS TRIAL. THAT HAPPENS IS SOMETHING. BUT I THINK THAT WHAT WE PUBLIC INTO DOING IS KIND OF MOVING AGAINST WHAT THE AMERICAN PEOPLE ACTUALLY WANT PEOPLE WANT TO SORT ADDRESS WHAT HAPPENED ON THE 6 AND I DON'T THINK PEOPLE WANT TO QUICKLY FORGET WHAT DONALD TRUMP AS WHICH WILL CALL THEMSELVES SAID ON THAT DAY.

SO I THINK THAT THERE WHITE DOES. THIS IS SORT OF 2. SO COMPETING INTEREST IN THIS. BUT I DO THINK THE AMERICAN PEOPLE HAVE AN EXPECTATION THAT THE PRESIDENT, THE FORMER PRESIDENT SHOULD BE HELD RESPONSIBLE WHAT HAPPENED AND THAT WILL SPEAK A LOT TO WHAT HAPPENED IN THIS COUNTRY GOING FORWARD TO NOT CONVICT HIM AS CONDONE WHAT HE DID AND TO BE COMPLICIT. >> APPRECIATE THOSE INSIGHTS THANKS TO RUN A GRAM OF THE BOSTON GLOBE. ALL RIGHT. FORMER PRESIDENT TRUMP'S TEAM GETTING READY TO LAUNCH THEIR DEFENSE AT THE TOP OF THE HOUR. WE'LL TELL YOU WHAT MIGHT BE IN THEIR PLAYBOOK. COMING UP NEXT. >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THESE STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY. THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT.

WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> I'M ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA. THIS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> VACCINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS.

JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS. IT'S NEWS MADE FOR YOUR STREAMING WAR. ♪ ♪ ♪ NEWS IN OUR CHANGING WORLD. >> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD UP THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT. PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS TODAY WHERE YOU'RE GOING. IS IT NOT BIGGER. >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE BACK SEAT THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US, THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. >> THE TRUMP LEGAL TEAM WILL GET THEIR TURN TODAY TO ARGUE THE FORMER PRESIDENT'S DEFENSE AFTER 2 DAYS OF LONG VISUAL AND EMOTIONAL ARGUMENTS BY THE HOUSE IMPEACHMENT MANAGERS, DAVID SCHOEN AND BRUCE CASTOR FACE A BIG HILL TO CLIMB. HERE'S WHAT SHOWN HAD TO SAY ABOUT FOLLOWING THE PROSECUTION. >> THIS IS WHAT YOU GET WHEN YOU HAVE WHEN YOU BRING IN A MOVING COMPANY AND HIRE LARGE LAW FIRM TO MAKE A PROFESSIONAL PRODUCT THAT TAKES THINGS OUT OF CONTEXT AND PRESENTED AS AN ENTERTAINMENT PACKAGE. WHAT I SAID FROM THE START IS THIS ISN'T A BLOOD SPORT. IT'S NOT ABOUT ENTERTAINMENT. IT'S ABOUT REPORTING THE FACTS. THE AMERICAN PEOPLE. >> SO WHAT DOES THE TRUMP TEAM NEED TO DO.

JOINING US NOW IS PROFESSOR GUY CHARLES IS CO-DIRECTOR OF THE DUKE. A LAW CENTER ON LAW, RACE AND POLITICS AND NBC NEWS POLITICAL ANALYST SUSAN DELL. PERSEUS, LET'S START WITH YOU, SUSAN. THE DEFENSE TELLS OUR TEAM THAT THEY ONLY NEED A SHORT AMOUNT OF TIME TO MAKE THEIR CASE. AND SO THEY'RE EXPECTING THEY CAN WRAP UP THEIR ARGUMENTS AND FEWER THAN 4 HOURS TODAY. IS THAT A SMART MOVE TO KEEP IT SHORT AFTER THE DEMOCRATS ARGUED FOR 2 DAYS. >> WELL, BASED ON THEIR OPENING STATEMENT PROBABLY BECAUSE THEY REALLY DIDN'T DO A VERY GOOD JOB EVEN THE FORMER PRESIDENT TRUMP WAS DISAPPOINTED WITH THAT. BUT MORE IMPORTANTLY, THEY DON'T HAVE A LOT TO SAY AND THE MORE THEY TRYING TO GET INTO THE NITTY GRITTY OF THE CASE. I THINK THE BIGGER TROUBLE THEY'LL END UP AND THEY ONLY HAVE 2 THINGS ARE GOING TO TRY AND USE, WHICH IS THE CONSTITUTIONAL ARGUMENT WHICH THE SENATE HAS RULED ON AND SAID, YES, IT IS CONSTITUTIONALLY APPROPRIATE FOR THE PRESIDENT TO BE TRIED EVEN THOUGH HE'S LEFT OFFICE AND THEN THEY'RE GOING TO HANG ON A COUPLE OF WORDS LIKE PEACEFUL THAT HEAT.

THE PRESIDENT SAID ONCE THE BIG QUESTION IS DID THE PRESIDENT WANT THEM TO DISRUPT THE COUNTING OF THE COLLEGE VOTE. AND THE ANSWER IS YES. >> AND PROFESSOR GET CHARLES FORGIVE ME FOR MISPRONOUNCING YOUR NAME. ONE OF THE ONE OF THE KEY ARGUMENTS AGAINST TRUMP IS THAT BY GATHERING THE CROWD ON JANUARY 6TH AND SPEAKING TO THEM IN THE WAY THAT HE DID. CHAOS THAT ENSUED FROM THAT AT THE CAPITOL WAS ENTIRELY FORESEEABLE. SO HOW DOES THE DEFENSE TEAM HOW THEY ARGUE AGAINST THAT. >> YOU'RE EXACTLY SOON. THAT MAKE 2 ARGUMENTS. THE FIRST THING THAT BILL SAGE IS THAT HE THERE WAS NO THERE ARE NO WORDS OF OVER INCITEMENT. SO THEY'RE GOING TO FOCUS EXACTLY ON THE PRESIDENT'S WORDS. THEY'RE GOING TO TRY PARSE THE PRESIDENT'S WORDS TO SHOW FORMER PRESIDENT'S TO SHOW THAT THERE ARE NO WORDS OF INCITEMENT AND THEN TO TRY TO SHOW THAT HE HAD NO KNOWLEDGE, NO PRIOR KNOWLEDGE NO WAY OF KNOWING WHAT THE FOLKS AT THE CAPITOL. GOING TO DO.

AND SO THAT THERE'S NO EVIDENCE TO SHOW HIS MENTAL STATE THAT HE IN FACT KNEW WAS GOING TO HAPPEN AND THERE'S OBJECTIVE FACTS TO SHOW THAT HE KNEW WHAT WAS GOING TO HAPPEN AND THEREFORE HE INCITEMENT. AND SO THEY WILL FOCUS SPECIFICALLY ON HIS WORDS AND TRY TO PARSE THOSE AS CLOSELY AS POSSIBLE. >> AND SUSAN DAVID SCHOEN, ONE OF THE PRESIDENT'S ATTORNEYS SAID THAT THEY WILL BE LOOKING AT SPECIFIC WORDS USED IN JET IN TRUMP'S JANUARY 6 SPEED. SO TAKE A LISTEN TO WHAT HE SAID. WE'LL TALK ABOUT IT ON THE OTHER SIDE. >> IF YOU LOOK AT THE WORDS OF THE SPEECH. WHAT WHY DO WE IGNORE THE WORD PEACEFULLY.

WHY WE DO THE CONTEXT WITHIN WHICH THE WORD FIGHT IS USED DURING THE COURSE OF IT TO CHEER ON LEGISLATORS TO HAVE COURAGE. AND THAT'S IT. >> SO HE'S GOING TO CHERRY PICK A COUPLE OF WORDS OUT OF THE PRESIDENT'S OVERALL ADDRESS A MANDATE OR THOSE THE ELEMENTS OF THE COMPELLING ARGUMENT. >> NO, BUT I THINK THAT TRUMP'S ATTORNEY SINCE THEY DON'T HAVE TO MAKE A COMPELLING ARGUMENT BECAUSE THERE ARE NOW 17 VOTES TO CONVICT HIM FROM THE REPUBLICAN SIDE. BUT I THINK THERE IS ONE POTENTIAL TRACK FOR THE FOR TRUMP'S DEFENSE TEAM AND THAT IS IF THEY TRIED TO GET TO THE HEART OF THE QUESTION AND IT'S DISTURBING MANY OF THE SENATORS.

WHY TRUMP DO ANYTHING ONCE HE KNEW WHAT WAS HAPPENING ON THE GROUND. WHY WAS HE OUT THERE TWEETING AGAINST THE VICE PRESIDENT WHEN HE KNEW THE VICE PRESIDENT HAD BEEN REMOVED FROM THE FLOOR AND HIS TEAM WAS HE A RATHER HIS FAMILY WAS DANGER AS WELL. SO IT WILL BE INTERESTING TO SEE IF THE DEFENSE TEAM TRIES TO WAIT IN THAT AND TRYING TO FEND ANYTHING BECAUSE WE KNOW THAT'S WHAT TRUMP WANT. BUT I THINK THAT WOULD PROBABLY HURT THEIR CASE MORE THAN HELP IT. >> AND PROFESSOR CHARLES TO TO SUSAN'S POINT, THERE IS THE CASE TO BE MADE ABOUT WHAT FORMER PRESIDENT TRUMP DID NOT DO AFTER THE INSURRECTION STARTED.

BUT THERE'S ALSO THE CASE TO BE MADE. WE HEARD THIS FROM THE IMPEACHMENT MANAGERS ABOUT EVERYTHING THAT HE SAID LEADING UP TO JANUARY 6 THAT THE SPEECH THAT HE GAVE TO THOSE REPORT TO THOSE SUPPORTERS BEFORE THE INSURRECTION, YOU KNOW, THAT DIDN'T HAPPEN IN A VACUUM THAT FOR WEEKS AND MONTHS BEFORE THAT HE WAS TALKING ABOUT HOW THE ELECTION HAD BEEN RIGGED IN IN ALL OF THAT.

I MEAN, THAT'S A COMPELLING RESIDENT ARGUMENT OF HOUSE MANAGERS MAKE THAT NOW THE DEFENSE TEAM HAS TO REBUT. >> I COMPLETELY AGREE AND THEY ALSO COME WITH A CURRENT SEASON. THE HOUSE MANAGERS THAT 2 THINGS. ONE OF THE THINGS THAT THEY AS THEY WERE SPEAKING TO. THE CENTERS ARE ACTUALLY AND TRUMP ACTIVATED A MOB THAT CAME AFTER AND HE DID NOTHING TO PREVENT THE MOM STOP THEM ONCE THEY STARTED COMING FOR YOU AND AS SUSAN SAID, THERE'S REALLY NOTHING THAT THE DEFENSE CAN SAY AS TO WHY THE FORMER PRESIDENT SAID NOTHING. AND AS YOU THERE IS A RECORD ACTIVATING OF SPEECHES THAT CAME BEFORE IN THE TRIAL MANAGE THAT AN EXCELLENT JOB OF SHOWING HERE IS HOW THE THE FORMER CREATED THE CIRCUMSTANCES THAT GOT THE MOMS TO THE CAPITOL AND THEN HE DID NOTHING TO STOP THEM WHEN HE WAS THE ONLY PERSON THAT COULD HAVE DONE SOMETHING TO STOP THEM FROM COMING AFTER THE VICE PRESIDENT FROM COMING AFTER THE CENTERS FROM COMING AFTER MEMBERS OF CONGRESS. AND THAT I THINK IS A COMPELLING FRAMES AND IT'S REALLY HARD TO BE SHEET. >> AND SAYS NO ASK YOU ABOUT SOMETHING THAT HAPPENED LAST NIGHT BECAUSE WE LEARNED THAT TRUMP'S LEGAL TEAM MET WITH SOME REPUBLICAN SENATORS TO TALK LEGAL STRATEGY NOW IT'S NOT CORRECT TO SAY THAT THESE SENATORS ARE JURORS BECAUSE THEY'RE REALLY NOT THERE.

THEY'RE POLITICIANS AND THERE'S NO REAL PARALLEL BETWEEN ILLEGAL TRIAL AND AN IMPEACHMENT TRIAL. BUT WHAT DOES IT MEAN THAT PEOPLE LIKE LINDSEY GRAHAM AND MIKE LEE AND TED CRUZ ARE MEETING BEHIND CLOSED DOORS WITH TRUMP'S DEFENSE BEFORE THEY ACTUALLY PRESENT THEIR ARGUMENTS. >> IT MEANS THEY DON'T CARE. IT MEANS IN THEIR MINDS ARE MADE UP THAT THEY DON'T CARE ABOUT WHAT HAPPENED TO THIS COUNTRY. JANUARY 6 THAT THEY ARE ONLY TO VOTED FOR DONALD TRUMP AND PRESERVING THEMSELVES. AND ONLY ACT IN THEIR BEST INTEREST. IT IS SO DISTURBING THAT THEY WOULD EVEN LET THAT WILL BE OUT THERE TO THE PUBLIC AND THE FACT THAT THEY WOULD DISREGARD WHAT THAT WOULD MEAN TO THE INTEGRITY OF THE PROCESS BUT NOT SURPRISING AT ALL. IT'S STILL VERY DISTURBING. >> OUR THANKS TO REPUBLICAN STRATEGIST SUSAN TO AND PROFESSOR CHARLES OF DUKE UNIVERSITY.

FAR RIGHT EXTREMIST GROUPS ARE NOW IN SHARP FOCUS AS THE JUSTICE DEPARTMENT ANNOUNCES MORE CHARGES IN THE CAPITOL SIEGE. MORE MEMBERS OF THE PROUD BOYS, THE OATH KEEPERS, THE BOOGALOO BOYS AND OTHER GROUPS ARE NOW UNDER INVESTIGATION. NBC NEWS JUSTICE CORRESPONDENT PETE WILLIAMS JOINS US NOW FROM WASHINGTON WITH THE LATEST. AND PETE, SOME OF THESE GROUPS WERE ABLE TO ORGANIZE QUITE OPENLY IN THE PAST. BUT MANY OF THESE GROUP MEMBERS ARE NOW BEING CHARGED WITH JOINT CONSPIRACY AND CIVIL DISORDER CONNECTED TO THE CAPITOL INSURRECTION. SO WHAT EFFECT OR THE ARRESTS LIKELY TO HAVE ON THESE ORGANIZATIONS.

>> WELL, I THINK THEY'RE HAVING A COUPLE OF NUMBER THE CAPITAL RIGHTS THEMSELVES. THE FBI AND OTHER LAW ENFORCEMENT OFFICIALS HAVE SAID HAVE EMBOLDENED THESE GROUPS, MANY OF THEM THOUGHT THAT THE CAPITOL RIOT EVEN THOUGH THEY DID NOT STOP THE VOTE. THE COUNTING OF THE ELECTORAL VOTE. THEY NONETHELESS THOUGHT IT WAS SUCCESSFUL. SO IT'S EMBOLDENED THEM TO SOME EXTENT. BUT AT THE SAME TIME. YOU YOU HEAR ANECDOTALLY SOME MEMBERS OF THESE GROUPS SAY, HEY, THIS IS NOT WHAT I THOUGHT IT WAS GOING TO BE THIS THAT WE WE THOUGHT TRUMP WAS GOING TO FIGHT TO THE VERY LAST MINUTE MIGHT NOT EVEN LEAVE OFFICE AND WOULD TRY TO STAY IN THE WHITE HOUSE AND LOCK THE DOORS AND THEY ARE DISAPPOINTED YOU HAVE TO REMEMBER THAT SOME OF THESE 239 PEOPLE HAVE NOW BEEN CHARGED IN THE CAPITOL RIOT. THAT'S THE NEW NUMBER AS OF THIS MORNING. SOME OF THEM ACTUALLY TURN THEMSELVES IN AND SAID, YOU KNOW, NOW WE REALIZE THAT WHAT WE DID WAS WRONG. SO YOU HAD A RANGE OF PEOPLE WHO'RE THERE THAT DAY. RANGING FROM PEOPLE WHO'RE SORT OF SWEPT UP TO THOSE 2 WERE FERVENTLY COMMITTED AND HU KNOWS WHAT EFFECT IT'S GOING TO HAVE ON THE FERVENTLY COMMITTED.

BUT IN TERMS OF THE FOLLOWERS, IT DOES SEEM TO BE LEADING TO SOME RETHINKING OF THIS. >> TALK ABOUT THE PROUD BOYS BECAUSE AS I UNDERSTAND IT, THE ARREST OF THE LEADER OF THAT GROUP IS NOW SPLINTERED THAT ORGANIZATION AND YOU'VE GOT STATE CHAPTERS OF THE PROUD BOYS. NOW APPARENTLY DISAVOWING THE FORMER CHAIRMAN AFTER REVELATIONS CAME FORWARD THAT HE WAS A LONGTIME FBI INFORMANT.

YOU SEE A PICTURE OF THE GUY THERE. SO IS THERE CONCERN IN LAW ENFORCEMENT CIRCLES THAT YOU COULD END UP WITH MORE RADICAL FACTIONS OF THIS GROUP THAT HAS SPLINTERED FROM WHAT WAS ONCE JUST A SINGLE ORGANIZATION. >> YEAH, I'VE NOT ACTUALLY HEARD THAT. BECAUSE I THINK THAT THE THE MAIN DRIVERS TO THIS ARE STILL EXTREMIST GROUPS MILITIA GROUPS KILLING ON, YOU KNOW, THERE'S THIS NEW Q AND ON THING THAT SEEMS TO BE CIRCULATING ABOUT MARKS. THE 4TH. THERE SEEMS TO BE THIS BELIEF IN THE QUEUE IN WORLD THAT ON MARCH, THE 4TH PRESIDENT OF THE FORMER PRESIDENT TRUMP IS GOING TO RETURN TO WASHINGTON AND ASSUME THE PRESIDENCY ONCE AGAIN.

OBVIOUSLY THAT'S NOT GOING TO HAPPEN. BUT THERE ARE A LOT OF PEOPLE WHOSE SEEM TO THINK THAT IS GOING TO HAPPEN. SO THERE'S A LOT OF CHURN WITHIN THESE GROUPS. BUT I I DON'T THINK THAT THE ARREST OF SOME OF THE LEADERSHIP IS GOING TO CAUSE THEM TO FALL APART. AND REMEMBER, YOU KNOW, THE LONG HISTORY OF THE EXTREMIST GROUP SAYS THAT LEADERS COME AND GO AND PEOPLE REALIGN. BUT AT THE END OF THE DAY, YOU STILL HAVE A CERTAIN NUMBER OF SEEM TO FEEL THIS WAY. >> YEAH, WE'VE SORT OF ARTICULATED THE EXISTING CHALLENGES HERE WITH THESE THREATS POSED BY DOMESTIC VIOLENT EXTREMISTS. YOU HAVE A SENSE OF HOW THE BIDEN ADMINISTRATION IS GOING TO CHANGE. HOW IT ADDRESSES THIS THREAT. >> WELL, FOR ONE THING, THEY'LL BE WILLING TO TALK MORE OPENLY ABOUT IT.

YOU KNOW, PRESIDENT TRUMP IS ALWAYS SOMEWHAT RELUCTANT TO ACKNOWLEDGE THAT THERE WAS SUCH A THING AS RIGHT WING EXTREMISM. THERE WAS EVEN SOME PRESSURE ON THE DEPARTMENT OF HOMELAND SECURITY NOT TO CALL IT THAT. SOME DEEP 6 ENG WARNINGS ON THAT. BUT ONCE YOU GET DOWN PAST THAT TOP LEVEL INTO THE INTO THE LAW ENFORCEMENT OFFICIALS THEMSELVES THIS THIS REMAINS A SHARP FOCUS. AND CLEARLY WHAT HAPPENED ON THE 6TH HAS RAISED IT UP AS A PRIORITY AND THERE'S THIS. THERE HAS BEEN SOME CONCERN THAT PERHAPS FIRST AMENDMENT ISSUES HAVE REDUCED THE ABILITY OF LAW ENFORCEMENT TO TRACK THESE FOLKS. AND I THINK THAT'S REALLY SOMETHING THAT CONGRESS AND THE LAW ENFORCEMENT COMMUNITY HAS TO STRUGGLE WITH THE SEAWALL. IS THERE A WAY TO KEEP BETTER TABS ON PEOPLE WHOM MIGHT BECOME VIOLENT WITHOUT VIOLATING THE FIRST AMENDMENT. IT'S A REAL CHALLENGE. THERE'S NOT AN EASY ANSWER. >> THANKS FOR THOSE INSIGHTS AS ALWAYS. NBC'S PETE WILLIAMS. >> UP NEXT, ONE OF THE JURORS IN THE TRUMP IMPEACHMENT TRIAL.

SENATOR BOB CASEY JOINS US LIVE. ♪ ♪ ♪ >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THESE STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY. THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> I'M ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> MAXINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS. JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS. IT'S NEWS MADE FOR YOUR STREAMING WAR.

♪ ♪ ♪ NEWS IN OUR CHANGING WORLD. >> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT. PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T THAT >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE BACK SEAT THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US, THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. >> WHILE MUCH OF THE POLITICAL WORLD HAS BEEN FOCUSED ON THE IMPEACHMENT TRIAL. THE WHITE HOUSE HAS BEEN ADAMANT ABOUT STAYING FOCUSED ON PRESIDENT BIDEN'S POLICY AGENDA AT THE TOP OF THE LIST. TACKLING COVID-19 IN VACCINATING AS MANY AMERICANS AS POSSIBLE AS QUICKLY AS POSSIBLE. THE PRESIDENT ANNOUNCED YESTERDAY THAT HIS ADMINISTRATION HAS SECURED ANOTHER 200 MILLION VACCINE DOSES MAKING UP FOR WHAT HE CONSIDERS LAST TIME FROM HIS PREDECESSOR. >> SCIENTISTS IN THEIR JOB AND DISCOVERY VACCINES IN RECORD TIME. MY PREDECESSOR. BE VERY BLUNT ABOUT IT AND DID NOT DO HIS JOB IN GETTING READY FOR THE MASSIVE CHALLENGE OF VACCINATING HUNDREDS OF MILLIONS OF AMERICANS. >> AND NBC NEWS WHITE HOUSE CORRESPONDENT KELLY O'DONNELL JOINS US NOW.

KELLY, IT'S GREAT TO SEE US. SO WE THINK THAT THE WHITE HOUSE ACCOMPLISH WHAT IT WANTED BY KEEPING THE PRESIDENT'S FOCUS AWAY FROM THE IMPEACHMENT TRIAL, ALTHOUGH WE SHOULD SAY PRESIDENT BIDEN WHEN ASKED DID KIND OF WEIGH IN ON HIS OWN. >> WELL, I THINK PRESIDENT BIDEN IS REVERTING TO THE JOE BIDEN. MANY OF US HAVE COVERED OVER THE YEARS WHERE HE HAS A WILLINGNESS TO TALK ABOUT THINGS. WHEN ASKED BY REPORTERS AND SO THE PLAN, AS YOU OUTLINED, IT HAS BEEN LARGELY STEERED CLEAR OF IMPEACHMENT TO KNOW THAT HAPPENING. BUT TO IGNORE IN THE OPTION OF SAYING THE PRESIDENT IS DOING HIS JOB. THE ADMINISTRATION IS FOCUSED ON THEIR JOBS, NOT ON THE POLITICAL NOISE OF EVEN A VERY CONSEQUENTIAL IMPEACHMENT TRIAL. SO THE PRESIDENT HAS SAID HE'S PAYING ATTENTION A LITTLE BIT.

HE HAS SEEN VIDEOS THAT HE THINGS COULD CHANGE SOME MINDS. BUT MOST OF HIS FOCUS HAS BEEN ON THE MATTERS OF HIS OWN 100 DAY AGENDA AND IT'S NOTABLE OF THE CLIP THAT YOU JUST SHARED WITH US, JEFF, THAT THE PRESIDENT WAS MORE CRITICAL OF HIS PREDECESSOR, SOMETHING TYPICALLY AVOIDS DOING. DOESN'T SHY AWAY FROM THAT. BUT HE'S NOT LOOKING FOR OPPORTUNITIES TO KNOCK DONALD TRUMP OR THE TRUMP ADMINISTRATION. BUT IN THIS INSTANCE, ESPECIALLY WITH THE RESPONSIBILITY THAT IS NOW FIRMLY FALLEN IN HIS LAP TO DEAL WITH HOW TO MANAGE VACCINE DISTRIBUTION, HOW TO DEAL WITH THE COVID CRISIS AND VERY DIFFERENT APPROACHES TO HOW TO HANDLE THE PANDEMIC AND THE RESPONSE.

SO PRESIDENT BIDEN VISITED THE NATIONAL INSTITUTES OF HEALTH GOT A CHANCE TO SEE THE LAB WHERE SOME OF THE COMPONENTS OF THE VACCINE WERE FIRST ORIGINATED THAT'S AN EXCITING THING. WHEN YOU THINK OF WHAT WE'VE ALL LIVED THROUGH IN THE LAST YEAR TO BE. LET'S SEE THAT UP CLOSE TO TALK TO NIH EMPLOYEES AND TO DEAL WITH THIS ISSUE OF MAKING AN ANNOUNCEMENT THAT THE ADMINISTRATION HAS ACQUIRED MORE DOSES AND SAYS IT HAS A PLAN TO GET THOSE SHOTS IN ARMS. JEFF. >> KELLY, AS YOU KNOW, A MAJOR PART OF THE PRESIDENT'S COVID PLAN IS REOPENING SCHOOLS FOR IN PERSON INSTRUCTION TO THE DEGREE THAT VARIOUS SCHOOL DISTRICTS ARE ABLE TO DO THAT. AND THE CDC TODAY IS EXPECTED TO ANNOUNCE THEIR SCHOOL REOPENING GUIDELINES.

WHAT'S THE LATEST THERE? >> ONE OF THE THINGS WE'VE BEEN WAITING FOR IS A SENSE OF WHAT DO SCHOOLS NEED AND WHAT DO THEY NEED TO DO. AND ONE OF THE SORT OF DIFFICULT BUMPY PARTS OF THIS EARLY SALES FOR THE MONTH THAT THE BIDEN ADMINISTRATION HAS BEEN A DISCONNECT BETWEEN WHAT DOCTOR WALENSKY, THE DIRECTOR OF THE CDC SAID ATTRIBUTED TO HER PERSONAL CAPACITY IS IF THAT'S REALLY A FUNCTIONING SAYING WHEN SHE'S THE HEAD OF THE CDC. SHE SAID THAT SHE DID NOT THINK VACCINATIONS WERE REQUIRED FOR TEACHERS, TEACHERS, UNIONS. MANY INDIVIDUAL TEACHERS WANT TO HAVE ACCESS TO VACCINES. BUT JUST BEFORE BEING FULLY IN THE CLASSROOM. SO THEY HAVE THEM PUT IT OFF ON TO THE CDC TO COME UP WITH GUIDANCE.

AND TODAY WE EXPECT THAT TO BE ANNOUNCED MORE FORMALLY. AND FROM WHAT WE UNDERSTAND, MITIGATION EFFORTS WILL STILL BE A BIG FOCUS. IS THERE ENOUGH? VENTILATION HAS THE CLASSROOM SIZE BEEN ADJUSTED. THINGS LIKE THAT THAT ARE AVAILABLE AND A REAL PUSH FROM THE BY THE MINISTRATIONS SAY THE AMERICAN RESCUE PLAN AS THEY DESCRIBE IT OTHERWISE KNOWN AS COVID RELIEF THAT THAT NEEDS TO BE PASSED IN ORDER TO GIVE MORE RESOURCES TO STATES AND LOCAL COMMUNITIES AND OF COURSE, HAVING AN EDUCATION SECRETARY IN PLACE.

ALSO CONSIDERED IMPORTANT TO TRY TO FORMULATE A POLICY TO HELP SCHOOLS. THE BIDEN TEAM'S BEEN CRITICIZED FOR PERHAPS SETTING THE BAR TOO LOW THAT HAVING IN PERSON INSTRUCTION ONE DAY A WOULD BE AN ACCOMPLISHMENT. MANY COMMUNITIES ARE ALREADY SURPASSING THAT AND THERE'S A REAL TEST HERE OF IS THE INFLUENCE OF THE TEACHERS UNIONS OUTWEIGHING PERHAPS SOME OF THE SCIENCE. THAT'S ONE OF THE FOR AN ADMINISTRATION THAT WHEN JOE BIDEN WAS A CANDIDATE, CERTAINLY THE TEACHERS UNION WORKS. A STALWART SUPPORTERS OF HIS. SO A LOT OF DIFFERENT DYNAMICS HERE AND A REAL WORLD CONSEQUENCES FOR CHILDREN AND THEIR PARENTS TRYING TO FIGURE THIS ALL OUT.

JEFF. >> GREAT REPORTING AND REALLY INSIGHTS. AS ALWAYS, OUR THANKS TO NBC NEWS WHITE HOUSE CORRESPONDENT KELLY O'DONNELL. IT'S BEEN AN HISTORIC WEEK ON CAPITOL HILL AS WE REVISIT THE RIOTS OF JANUARY 6, THE DEBATE WHETHER THE PRESIDENT OF THE UNITED STATES, THE FORMER PRESIDENT IS TO BLAME FOR THE 100 SENATORS ACTING AS JURORS IN THE WAY IN THIS TRIAL. THIS MOMENT IS VERY CLOSE TO HOME. JOINING US NOW TO OFFER HIS SENATOR BOB CASEY OF PENNSYLVANIA SEN. IT'S GREAT TO SEE YOU. THANKS FOR YOUR TIME. AND WE SHOULD POINT OUT THAT YOU ARE, OF COURSE, AT THE CAPITOL ON JANUARY 6TH.

YOU'VE SEEN THE EXTRAORDINARY FOOTAGE FROM THE IMPEACHMENT MANAGERS SHOWING JUST HOW CLOSE MANY OF YOU AND YOUR COLLEAGUES WERE TO DANGER. AND YOU, YOU KNOW, RELIVE THAT DAY THROUGHOUT THIS WEEK. SO WHY IS IT IMPORTANT TO HOLD THIS TRIAL AND TO HOLD FOR PRESIDENT TRUMP TO ACCOUNT OF IMPORTANT IN TERMS OF ACCOUNTABILITY WHAT WE'RE SUPPOSED TO BE A COUNTRY. >> THE BELIEVES JUSTICE. OUR CONSTITUTION TALKS ABOUT ESTABLISHING JUSTICES WANTED TO ONE OF OUR FOUNDING PRINCIPLES. YOU CAN HAVE JUSTICE WITHOUT ACCOUNTABILITY. THIS TRIAL PROVIDES A MEASURE OF ACCOUNTABILITY REGARDLESS, REGARDLESS OF THE FINAL THAT WILL BE READ SO LIKELY THIS WEEKEND. BUT BUT WE NEED TO EVERY OFFICIAL ACCOUNTABLE. AND I THINK IT'S IMPORTANT FOR THE FUTURE. THE MESSAGE TO FUTURE PRESIDENTS. YOU CAN ENGAGE IN THIS CONDUCT. AND I HAVE ACCOUNTABILITY IMPOSED UPON YOU. >> YOU'VE BEEN IN THE CHAMBER THIS ENTIRE WEEK. WHAT'S YOUR TAKE ON ON THE CASE THAT YOU'VE HEARD PUT FORWARD SO FAR BY THE HOUSE IMPEACHMENT MANAGERS.

>> THE CHAMBER HAVEN'T MISSED A SINGLE MINUTE OF IT. FROM THE OPENING PRAYER ALL THE WAY THROUGH. AND I THINK EVIDENCE THAT THEY HAVE PRESENTED 2 UNITED STATES SENATORS AS JURORS COMPELLING. IT'S IT'S DETAIL THAT IT WAS IT WAS SO WELL PREPARE. YOU KNOW, THEY GET IT SO POWERFUL AND SO WELL DELIVERED EVEN REPUBLICAN SENATORS HAVE ACCORDING TO IMPEACHMENT MANAGERS HIGH PRAISE FOR THEIR PRESENTATION. SO WE'LL SEE WHAT THE PRESIDENT'S DEFENSE LAWYERS HAVE TO SAY TODAY. IT'S LIKELY, THOUGH, WILL BE THOUGH, FINISHED OR PRESENTATION TODAY. BUT JUST THE EVIDENCE THAT'S BEEN PRESENTED ALREADY I THINK IS VERY COMPELLING. I WAS LOOKING TODAY AT THIS WASHINGTON POST STORY ABOUT EVIDENCE MOUNTING THAT THE PRESIDENT KNEW. THE DANGER LEAST KNEW THE CIRCUMSTANCES THAT VICE PRESIDENT PENCE WAS HIM IN THE AS THE THE INSURRECTION OCCURRED. SO. WE'LL SEE WHAT THE DEFENSE LAWYERS SAY THEY WANT QUESTION THEM. MAYBE SOME TIME THIS WEEKEND HAVE A CONCLUDING BOAT. >> NOWHERE IN THIS PROCESS, WILL WITNESSES BE CALLED, AT LEAST THAT'S THE WAY IT APPEARS RIGHT NOW OF COURSE, REMEMBER THE FIRST IMPEACHMENT TRIAL, DEMOCRATS DIDN'T WANT TO CALL WITNESSES TO TESTIFY AS IT RELATED TO PRESIDENT'S CONVERSATION WITH THE PRESIDENT OF OF UKRAINE.

BUT NOW DO YOU THINK THIS IS AN IMPORTANT SORT OF ASPECT ELEMENT TO INCORPORATE INTO THIS TRIAL OR DO YOU THINK DEMOCRATS HAVE ALREADY MADE THEIR CASE. I THINK THEY MADE A VERY COMPELLING CASE AND THEY DO HAVE ONE. >> ARGUMENT TO MAKE IT TO REINFORCE PARTS OF BUT I THINK THE ONE THING THAT'S IN COMMON. THESE 2 TRIALS IN 2020 2020.

VERY, VERY DIFFERENT. BUT I DO THINK THERE'S ONE THING IN COMMON. WE HAVE TRIED TO RESPECT THE. DETERMINATION BY THE HOUSE MANAGERS. THEY'RE PUTTING ON THE CASE IN THE EARLIER TRIAL. THEY WANT TO JOHN BOLTON TO TESTIFY, FOR EXAMPLE. WE'RE TRYING TO MAKE THAT HAPPEN IN THIS CASE SO FAR AT LEAST THEY HAVE NOT. MADE A DETERMINATION THAT WITNESSES ARE NEEDED. IT'S SAME THING ABOUT THIS TRIAL IS BECAUSE THE PRESIDENT TWEETS SO OFTEN YOU CAN MAKE DETERMINATIONS. I BELIEVE ABOUT HIS STATE OF MIND, NOT JUST A GENERAL OF THE JURY INCLUSION. BUT HIS ARE VERY GOOD INDICATORS OF THIS STATE OF MIND. THAT'S WHY HIS FAILURE TO DO ANYTHING WHEN THIS ATTACK WAS ONGOING. I THINK IT'S VERY CLEAR BY HIS TWEETS AND OTHER EVIDENCE.

>> SENATOR CASEY, WHAT IF YOU CAN PULL BACK THE CURTAIN A LITTLE BIT AND GIVE US A SENSE THE CONVERSATIONS YOU'RE HAVING WITH YOUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE. I COVERED CAPITOL HILL FOR LONG ENOUGH TO KNOW THAT THERE'S ONE THING THAT THE SENATOR SAY IN PRIVATE, THERE'S ANOTHER THING THEY IN PUBLIC WHEN IT COMES TO BIG BOATS LIKE THIS. EVEN THOSE REPUBLICANS HAVE SIGNALED THAT THEY DON'T THINK THIS TRIAL IS CONSTITUTIONAL. THEY CERTAINLY HAVE MISGIVINGS ABOUT THE PRESIDENTS BEHAVIOR HIS DEPORTMENT NOT JUST ON JANUARY 6, BUT BEFORE THAT AND TO THE SPECIFIC QUESTION OF WHETHER OR NOT HE'S CULPABLE AND INCITING THIS INSURRECTION.

SO GIVE US A SENSE OF WHAT YOU'RE HEARING FROM YOUR REPUBLICAN COLLEAGUES CONNECTED TO THIS TRIAL. >> SOMETIMES IT'S WHAT THEY DON'T SAY. YOU DON'T HEAR ANY NOT MANY OF PERSONAL ONE IN PRIVATE DEFEND THIS CONDUCT, FRANKLY EVEN GOING BACK A NUMBER OF WEEKS AND MONTHS DEFEND. IT IS STATEMENTS OR CONDUCT SINCE HE LOST THE ELECTION. ARGUE THAT THERE ARE IMPEACHABLE OFFENSES COMMITTED LONG BEFORE JENNER IN THE 6 JUST IN TERMS OF IS PRESSURING OF ELECTED OFFICIALS, SOMETHING THAT THAT I'M NOT SURE ANY UNITED STATES SENATOR.

WHATEVER ENGAGE IN THAT KIND OF BUT THE CONDUCT THAT RESULTED IN A ATTACK IN THE CAPITAL IN THE DEATH AND DESTRUCTION THAT IT BROUGHT. IS THAT SOMETHING THAT THE I THINK ANY MEMBER OF CONGRESS WOULD ENGAGE. AND SO. THERE THEY HAVE TO MAKE A DECISION AND IT'S A VOTE OF CONSCIENCE. WE'LL SEE WHAT THEY DO. >> SENATOR BOB CASEY, DEMOCRAT FROM THE GREAT STATE OF PENNSYLVANIA. WE APPRECIATE YOUR TIME. ALL RIGHT. THE SECOND TRUMP IMPEACHMENT TRIAL WILL BE DEFINED BY A NUMBER OF HISTORIC FIRSTS, NOT THE LEAST OF WHICH IS THE FACT THAT SENATORS WILL DECIDE HIS FATE WERE VICTIMS IN THE EVENTS THAT LED TO HIS TRIAL. BUT HOW WILL HISTORY REMEMBER NOT JUST THE PLAYERS BUT THIS MOMENT UNIVERSITY OF VIRGINIA DIRECTOR OF PRESIDENTIAL STUDIES. BARBARA PERRY JOINS US NOW TO BREAK DOWN THE IMPACT OF THE IMPEACHMENT PROCEEDINGS. WELCOME BACK. IT'S ALWAYS GREAT TO SEE YOU. SO PROFESSOR PERRY WILL START WITH THIS. I MEAN, IMPEACHMENT WAS DESIGNED TO BE AN EMERGENCY BRAKE AGAINST AUTHORITARIANISM. GOOD HISTORY NEED THIS TRIAL. IF THERE IS NO CONVICTION.

>> I THINK SO, JEFF, DEFINITELY BECAUSE IT WOULD BE AS IF TO SAY EVERY TIME A DEFENDANT GOT OFF IN A CRIMINAL TRIAL FOR MURDER. WE SHOULD NEVER TRY ANYONE FOR MURDER. SO I THINK YOU'RE RIGHT THAT NOT ONLY ARE THEY IN THE CASES OF AND THE PROSECUTORS IN THIS INSTANCE TO THEIR SHALLOW MEMBERS OF CONGRESS, BUT THEY'RE SPEAKING TO HISTORY. AND SO IT'S AN EMERGENCY BRAKE THAT WE NEED TO PUT ON WHEN WE'RE ON A A PUN INTENDED. I SUPPOSE FOR CAPITOL HILL BECAUSE WE'RE ON THIS SLIPPERY DOWNWARD. IF WE DON'T SHOW FUTURE PRESIDENTS THAT THIS IS NOT ALLOWABLE BEHAVIOR. >> IT IS THERE A MISCONCEPTION TO THINK THAT ACQUITTAL MEANS THAT THE IMPEACHMENT PROCESS FAILED, ESPECIALLY SINCE THE PRESIDENT'S FIRST IMPEACHMENT TRIAL DIDN'T RESULT IN HIS REMOVAL EITHER. >> I DON'T THINK SO. I THINK THIS IS BEEN A CASE THAT HAS BEEN WELL LAID OUT BY THE PROSECUTORS. THAT IS THE HOUSE THIS WILL GO DOWN IN HISTORY AS A COMPLETE RECORD.

IN A NARRATIVE THAT HAS BEEN, I THINK BY ALL ACCOUNTS, VERY COMPELLING AND IT WILL BE THERE FOR ALL OF HISTORY. SO I THINK THAT THAT WAS THE IMPORTANCE OF HAVING THIS EVEN IF IT DOESN'T RESULT IN A CONVICTION OF FORMER PRESIDENT TRUMP. >> WHEN ASKED ABOUT A QUESTION WE HEARD PUT FORWARD BY THE IMPEACHMENT MANAGERS YESTERDAY AND THEY SAID THIS. THIS QUESTION OF INCITING INSURRECTION. THAT'S NOT AN EXAMPLE OF A HIGH CRIME AND MISDEMEANOR, THEN WHAT ESSENTIALLY IS. I MEAN, WHAT DO YOU MAKE OF THAT ARGUMENT. IT SEEMS TO BE PRETTY RESIDENT. >> I THINK IT IS HOW HOW CAN THIS NOT BE. >> UNIMPEACHABLE AND REMOVABLE OFFENSE. IF THE PRESIDENT WERE STILL IN POWER. AND WE KNOW THAT THAT SECOND SANCTIONS SINCE HE'S NO LONGER IN POWER IS THAT IT WOULD FORBID HIM FROM EVER HOLDING PUBLIC FEDERAL OFFICE AGAIN AND THAT IS SOMETHING THAT I THINK THAT MOST PEOPLE BELIEVE THAT HE IS GUILTY OF THIS IMPEACHABLE OFFENSE WOULD SAY IS A PROPER SANCTION.

WHAT WHAT IS IMPEACHABLE, IF NOT ATTEMPTING TO. PERPETRATED INSURRECTION AND THEY AND OVERTURN THE CONSTITUTIONAL STRUCTURE. IT ALLOWS THE WILL OF THE PEOPLE TO CHOOSE THE PRESIDENT OF THE UNITED STATES. >> WHEN DRAW ON EXPERIENCE AS A PRESIDENTIAL HISTORIAN. WHAT DID YOU MAKE OF THE ARGUMENTS PUT FORWARD BY THE HOUSE IMPEACHMENT MANAGERS. >> I THOUGHT THAT THEY WERE RIGHT ON POINT THAT THAT THIS WAS AN ISSUE FOR PRESIDENT TRUMP THAT HE SEEMED TO GLORY IN VIOLENCE HAVE AT RALLIES. 18. DO LOVE TO HAVE VIOLENCE PERPETRATED BY HIS SUPPORTERS AGAINST THOSE WHOM MIGHT OPPOSE HIM AND ME AND THE THAT HE THEN PLANTED THE SEED THAT THIS WAS GOING TO BE AN ILLEGAL AND UNFAIR AND A STOLEN ELECTION AND THEN CALLED EVERYONE TOGETHER ON JANUARY 6 AND THEN TOLD THEM TO MARCH TO THE CAPITAL AND TRY LIKE HELD TO TAKE BACK THEIR COUNTRY.

SO IT'S HARD TO BELIEVE THAT THAT COMBINED WITH THE FACT THAT THOSE ARE SITTING IN THE SENATE CHAMBER RIGHT NOW. WE'RE VICTIMS OF THE CRIME THAT ARE IN THE CRIME SCENE WOULD NOT BE COMPELLING. >> SO GIVEN ALL OF THAT, HOW WILL HISTORY THEN REMEMBER THOSE NAMELY REPUBLICAN SENATORS, IT WOULD BE INCLINED TO VOTE TO ACQUIT. >> I THINK THAT THEY WILL BE REMEMBERED NOT AS PROFILES IN COURAGE TO SIDE TO PRESIDENT KENNEDY'S PULITZER PRIZE MONEY BIOGRAPHIES OF COURAGEOUS SENATORS ANY ROAD IN THE 1950'S, BUT RATHER THAT THESE AND WOMEN, HE DID NOT VOTE TO CONVICT WILL BE NEED IS PROFILES IN COWARDICE BY HISTORY. >> OUR THANKS TO PROFESSOR BARBARA PERRY, DIRECTOR OF PRESIDENTIAL STUDIES AT THE UNIVERSITY OF VIRGINIA. >> AND WE ARE CLOSING IN QUICKLY NOW IN THE BEGINNING OF THE TRUMP DEFENSE IN THE IMPEACHMENT TRIAL A LAST MINUTE.

LOOK AT WHAT WE'LL BE WATCHING FOR COMING UP NEXT. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ >> THE IMPEACHMENT TRIAL COVID. REALLY? WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. I'M ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY. THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT, PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY PLANNING THE BACK.

>> NEWS IN OUR CHANGING WORLD. HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE VACCINES, THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY. >> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. >> HOUSE MANAGERS ARE LOOKING TO SHORT CIRCUIT. THE TRUMP TEAM'S DEFENSE EVEN BEFORE IT STARTS ON THE LAST DAY OF THEIR CASE. THEY TRIED TO POINT OUT THE DANGER OF ACQUITTING THE PRESIDENT. TAKE A LOOK AT THIS. >> LOOK AT JANUARY. 6TH FROM A TOTALLY DIFFERENT PERSPECTIVE. THE PERSPECTIVE THE INSURRECTIONISTS THEMSELVES. THEIR OWN STATEMENTS BEFORE DURING AND AFTER THE ATTACK MAKE CLEAR THE ATTACK WAS DONE FOR DONALD TRUMP AT INSTRUCTIONS AND TO FULFILL HIS WISHES.

>> PRESIDENT REQUESTED THAT WE BE IN DC SO THIS WAS OUR WAY OF DOING AND STOP THE ONE RIOTER AND A LIVE STREAM OF THE CAPITAL SAID, >> SHE'LL BE HAPPY. WE'RE FIGHTING FOR TRUMP. ♪ ♪ >> NO, JUST SAY WE WE LOVE THE THE API. WHAT DO YOU MEAN TOLD THEM TO FIGHT LIKE HELD AND IF YOU DON'T FIGHT LIKE HEALTH, YOU'RE NOT GOING HAVE A COUNTRY ANYMORE. AND HERE'S THE THING THAT WASN'T METAPHORICAL. IT WAS RHETORICAL. HE'D ALREADY MADE IT PERFECTLY CLEAR THAT WHEN HE SAID FIGHT, HE MEANT JANUARY 6 WAS NOT SOME. >> UNEXPECTED RADICAL BREAK FROM HIS NORMAL LAW-ABIDING AND PEACEFUL DISPOSITION THIS WAS HIS STATE OF MIND. THIS WAS HIS ESSENTIAL WHEN YOU OR I MAKE A MISTAKE AND SOMETHING VERY BAD HAPPENS. WE WOULD SHOW REMORSE. WE WOULD ACCEPT RESPONSIBILITY. PRESIDENT TRUMP TO DO ANY OF THAT.

>> SPEAK TO MY WORDS AND MY FINAL PARAGRAPH BY FINAL AND EVERYBODY JUST DAYS HE THOUGHT IT WAS TOTALLY APPROPRIATE. HE KNEW THE PEOPLE THAT GUY. >> AND HIS MESSAGE TO HOLD US WAS THAT IS CONDUCT WAS TOLD THE APPROPRIATE. I'M A FORMER PROSECUTOR AND WERE TRAINED TO RECOGNIZE LACK OF REMORSE. BUT IT DOESN'T TAKE A PROSECUTOR UNDERSTAND. THAT PRESIDENT TRUMP WAS NOT SHOWING REMORSE. HE WAS SHOWING DEFIANCE. YOU KNOW, I'M NOT AFRAID OF DONALD TRUMP RUNNING AGAIN IN 4 YEARS. I'M AFRAID ISN'T RUNNING IN AND LOSE. BECAUSE HE CAN DO THIS AGAIN. >> WE'RE NOW MOMENTS AWAY FROM THE TRUMP LEGAL TEAM KICKING OFF DAY 4 OF THE IMPEACHMENT TRIAL.

WE'RE GOING TO LAY OUT THEIR CASE ON WHY THE FORMER PRESIDENT SHOULD NOT BE CONVICTED. NBC NEWS SENIOR EDITOR MARK MURRAY JOINS US NOW. SO MARK, WHAT SHOULD BE EXPECT TO SEE TODAY. >> YEAH. WELL, JEFF, NUMBER ONE, I THINK WE'RE GOING TO SEE A VERY SHORT FROM THE DEFENSE ATTORNEYS. THEY TOLD US OF PRESENTATION SHOULD ONLY LAST ABOUT 3 OR 4 HOURS, WHICH WOULD ACTUALLY LEAD TO THE QUESTION AND ANSWER SESSION FOR LATER TODAY. SO THEY'RE GOING TAKE A WHOLE LOT LESS TIME THAN WE HAD A VACCINE FOR THE HOUSE DEMOCRATIC IMPEACHMENT MANAGERS WHEN IT COMES TO THE ARGUMENTS.

ONE THING THAT'S BEEN PREVIEWED SO FAR IS THAT THEY'RE GOING TO SAY THAT GOT PRESIDENT, FORMER PRESIDENT TRUMP'S AT THAT RALLY DOESN'T AMOUNT TO INCITEMENT AND THEY'RE GOING TO ARGUE THAT CASE AND THEY'RE ALSO GOING TO POINTING OUT WHAT THEY THINK IS HYPOCRISY OF PEOPLE FOCUSING IN SOME OF DONALD TRUMP'S IN OTHER LANGUAGES OFTEN BEEN USED IN THE PAST LIKE WORDS LIKE BY, IN HERE. WHAT DAVID SHOWED ONE PRESIDENT FORMER PRESIDENT TRUMP'S DEFENSE EXPLAINING THAT YESTERDAY. TAKE A LISTEN. >> I THINK BE MOVED BY WHAT YOU SEE AND GET MUCH BETTER PICTURE EXACTLY WHAT'S GOING ON HERE AND THE HYPOCRISY SOME OF THE POSITIONS TAKEN BY THE HOUSE MANAGERS IN THIS CASE.

>> SO JEFF, YOU KNOW, I DO THINK THAT IT'S GOING TO BE VERY, VERY SHORT. AND BY THE BY THE FACT THAT THIS IS GOING TO BE A SHORT DEFENSE PRESENTATION. WE SHOULD MAYBE HAVE A WRAP ON ALL OF THIS STUFF BY THE END OF THIS WEEKEND. >> AND LIKE YOU SAY IN YOUR NBC NEWS DOT COM NEWSLETTER FIRST READ WHICH ALL SHOULD READ. I READ EVERY MORNING YOU SAY THAT THE IMPEACHMENT MANAGERS ARGUMENTS, THEY BOIL DOWN TO ONE SIMPLE QUESTION. SO TELL US WHAT THAT IS. >> YEAH, THE QUESTION IS, IS POLITICAL VIOLENCE ACCEPTABLE IN A DEMOCRACY JEFF. OF COURSE GOING TO GET FROM DEMOCRAT HIM. A LOT OF REPUBLICANS IS NO, BUT WITH THE IMPEACHMENT MANAGERS ARE ARGUING YESTERDAY WAS THAT EVERY TIME YOU END UP HAVING SOMETHING WHEN THERE IS A TOPIC OF POLITICAL VIOLENCE AND THAT IS, YOU KNOW, WHETHER OR NOT THAT DONALD TRUMP'S RALLIES IN 2015 OR 2016 WE KNEW THAT HAVING THE BUD TRUMP SUPPORTERS ALMOST A RAM OFF A BIDEN BUS DURING THE 2020 PRESIDENTIAL ELECTION. PEOPLE IN USUALLY KIND OF HAVING WHAT WHAT ABOUT WELL, WHAT ABOUT THE OTHER SIDE WHEN THEY DID THIS OR MAYBE YOU TRY TO GET OFF ON A TECHNICALITY OR SAY WE CONDEMN THIS BEHAVIOR.

BUT WHEN YOU DON'T END UP HAVING PUNISHMENT, JEFF. AND THEN WHEN THERE ARE MANY KIND OF CONSEQUENCES THERE IS THAT. THE FOLLOW-UP ON THAT. YOU'RE STILL TOLERATING THIS TYPE OF POLITICAL VIOLENCE IN OUR SYSTEM. AND SO THAT TO ME IS GOING TO BE ONE OF THE FOLLOW-UP QUESTIONS POTENTIALLY DONALD LEGAL TEAM TODAY. >> IT'S A GREAT POINT. I SHOULD MENTION THAT YOU'VE BEEN SPEAKING. WE'VE BEEN WATCHING SENATORS GO INTO THE CHAMBER.

WE JUST SAW RAPHAEL WARNOCK, THE NEW SENATOR FROM GEORGIA. AND BEFORE THAT WE SAW AROUND OTHER SENATOR BERNIE SANDERS. AND I THINK WE ALSO SAW MEMBERS OF THE TRUMP DEFENSE TEAM MAKE THEIR WAY IN. AND THERE'S THAT QUESTION ABOUT BRUCE CASTOR'S PERFORMANCE ON TUESDAY, WHICH WAS WIDELY PANNED TO MEAN EVEN REPUBLICAN SUPPORTERS AND FOLKS LIKE JASON MILLER WHOM ARE STILL IN TRUMP'S PAYROLL SAID GAVE HIM BAD FOR THAT. AND THEN THERE IS, YOU KNOW, FELLOW ATTORNEY DAVID SCHOEN. THE SAYS CASTOR WILL BE MORE PREPARED TODAY. I MEAN, YOU THINK WE'LL SEE A MORE COMPELLING CASE FROM FROM CASTOR MARK TO THE DEGREE THAT KNOW THAT IN ADVANCE. >> YEAH. JUST ONE OF THE QUESTIONS I HAVE IS WHETHER WE'RE GOING TO SEE MUCH OF CASTOR AT ALL. IT HAS BEEN STRIKING TO ME AND THE TV AND LIKE WE JUST PLAYED YESTERDAY THAT DAVID SHOULDER, DAVID SCHOEN SPEAKING WITH REPORTERS LAST NIGHT THAT HE HAS BEEN THE ONE WHO'S BEEN HANDILY SO MUCH OF THE QUESTIONS. I THINK FORMER PRESIDENT TRUMP PROBABLY THOUGHT HIS PERFORMANCE WAS MORE POWERFUL.

AND TO ME, THE FACT THAT YOU'RE ONLY GOING TO HAVE US 3 OR 4 HOUR PRESENTATION BY THE BUT WE'RE PROBABLY GOING TO SING A LOT MORE FROM DAVID SCHOEN AND LESS OF HER STATURE. >> AND AS WE STAND THESE LIVE PICTURES. I JUST WANT TO GO TO OUR AUDIENCE THAT THAT SHOT WE'RE SEEING NOW ARE THE ONE WE JUST SAW AND WE DON'T HAVE CONTROL OVER THESE CAMERAS ALL MENTIONED. BUT THE OTHER SIDE OF THAT HALLWAY IS WHERE A CAPITOL POLICE OFFICER EUGENE GOODMAN. SO THAT CROWD AND SORT OF ESCORTED THEM AWAY FROM WHERE THE FLOOR HAD BEEN AN UNGUARDED WITH SENATORS ON THAT DAY OF THE INSURRECTION. THIS PATTY MURRAY MAKING HER WAY ONTO THE SENATE FLOOR. WHAT ABOUT THIS QUESTION OF WITNESSES WE KNOW THAT IN THE FIRST TRIAL OVER THE QUESTION WAS THE PRESIDENT'S TRYING TO PRESSURE A FORMER PRESIDENT TRUMP TRYING TO PRESSURE THE LEADER OF UKRAINE TO DIG UP DIRT ON JOE BIDEN. DEMOCRATS WANTED WITNESSES IN THAT TRIAL AND IT DIDN'T HAPPEN.

AND NOW IT LOOKS LIKE IT'S NOT GOING TO HAPPEN IN THIS ONE EITHER. BUT THE BIG DIFFERENCE IS DEMOCRATS ARE CALLING FOR IT. >> RIGHT NOW. THEY'RE NOT CALLING FOR THE OTHER DIFFERENT JOB. IT'S A DEMOCRAT. DEMOCRATS ARE IN THE MAJORITY MARK, I'M SORRY TELL YOU THEY CAN DO IF THEY WANT IT. YEAH, THAT'S A GOOD POINT. NBC'S MARK MURRAY AND WE'LL TURN IT OVER NOW TO NBC'S LESTER HOLT AS WE BEGIN DAY 4 OF IS AN INTENSE SCENE NEWS SPECIAL REPORT. THE SECOND IMPEACHMENT TRIAL OF DONALD J LESTER HOLT EVERYONE WAS COMING UP HERE TO BRING YOU LIVE COVERAGE OF DAY 4 OF THE SECOND IMPEACHMENT TRIAL OF DONALD TRUMP.

TODAY THE DEFENSE LAWYERS FOR FORMER PRESIDENT TRUMP WILL MAKE THEIR CASE TO THE SENATE. >> THEIR OPPORTUNITY TO REBUT THE ARGUMENTS MADE BY DEMOCRATIC HOUSE IMPEACHMENT MANAGERS IS SOMEWHAT SONICALLY LAID OUT THE CASE AGAINST THE FORMER PRESIDENT OVER THE PAST SEVERAL DAYS THAT HE INCITED AN INSURRECTION. >> AGAINST THE U.S. GOVERNMENT. THE VIOLENT AND DEADLY ASSAULT ON THE CAPITAL BY TRUMP SUPPORTERS ON JANUARY 6 OF DEFENSE HAS UP TO 8 HOURS TODAY AND 16 HOURS TOTAL TO MAKE THEIR PRESENTATION WE'RE TOLD THEY WILL LIKELY NOT USE ALL THEIR TIME, PERHAPS JUST 3 OR 4 HOURS TODAY TO BE FOLLOWED, PROBABLY TOMORROW LIKE QUESTIONS FROM CLOSING ARGUMENTS DELIBERATIONS AND THEN A VOTE TO CONVICT OR ACQUIT. YOU. WE'LL BE HERE FOR ALL ONCE START WITH CASEY HUNT ON CAPITOL CASEY, WHAT CAN WE EXPECT IN TODAY'S PRESENTATION. >> WELL, LESTER, SEVERAL REPUBLICAN SENATORS THAT ARE ALLIES OF PRESIDENT TRUMP'S MET LAST NIGHT WITH THE PROSECUTORS ARE TO SEE THE PRESIDENT'S DEFENSE THAT WE'RE ABOUT TO SEE HERE.

AND SO THAT MAY GIVE YOU A WINDOW INTO WHAT WE'LL SEE FROM THEM AS THEY BEGIN THEIR ARGUMENTS IN THE PRESIDENT'S DEFENSE. WE DO EXPECT THAT THEY'RE ONLY GOING TO USE A FRACTION OF THE TIME AVAILABLE. SO THAT MAY HAVE UP TO 16 HOURS. BUT WE DON'T THINK THAT THEY'RE GOING TO USE MORE THAN 5 OF THEM. AND THAT REFLECTS A REAL DESIRE TO MOVE THIS TRIAL ALONG EXPEDITIOUSLY BUT MANY OF THE SENATORS AND SOURCES I'M TALKING TO BEHIND THE SCENES. I DO FEEL AT THIS POINT AS THOUGH THEY HAVE RECEIVED A FAX THE CASE. THEY ARE ACTIVELY IN THE QUESTION STAYS IN TERMS OF SUBMITTING WRITING IN SUBMITTING QUESTIONS. OF COURSE, THOSE QUESTIONS WILL BE CONSIDERED BY SENATE LEADERS AHEAD OF TIME. SO THAT'S WHAT'S GOING ON BEHIND THE SCENES RIGHT NOW AS THESE ARGUMENTS START TO UNFOLD. BUSTER ALRIGHT PLEDGE OF ALLEGIANCE UNDER WAY RIGHT NOW. LET ME QUICKLY GET TOO POLITICAL DIRECTOR AND MEET THE PRESS MODERATOR CHUCK TODD. CHUCK, WHAT DO YOU WHAT'S YOUR SENSE OF THE DAY.

>> LOOK AT LOOKS LIKE TO ME. I THINK WE'RE GOING TO SEE A DEFENSE THAT IS WILL BE FAMILIAR TO FOLKS THAT WATCH A LOT OF PRIME TIME CABLE ON ANOTHER CHANNEL. I DON'T WHAT I'M CURIOUS ABOUT IS WILL THEY SPEND SOME TIME. ANSWERING SOME OF THE UNCOMFORTABLE QUESTIONS THAT SOME SENATORS WOULD LIKE TO SEE THEM ANSWER, INCLUDING BILL CASSIDY, WHICH IS WHAT WAS THE PRESIDENT DOING. WELL, MIKE PENCE. WAS ALSO THE WAY AND EVACUATED. WHAT WAS HE DRINKING. WHAT WAS THE STATE OF MIND I DON'T GET THE SENSE THEY'RE GOING TO DO THAT, THINGS GETTING UNDER WAY. CHUCK, LET'S GO RIGHT TO THE SENATE CHAMBER DOWN. >> HEAR YE. HEAR YE, HEAR YE.

>> ALL PERSONS ARE COMMANDED TO KEEP SILENCE ON PAIN OF IMPRISONMENT. WHILE THE SENATE OF THE UNITED STATES IS SITTING FOR THE TRIAL OF THE ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES AGAINST DONALD JOHN TRUMP, FORMER PRESIDENT OF THE UNITED STATES. >> MISTER PRESIDENT, THE MAJORITY LEADERS RECOGNIZE THE INFORMATION OF ALL SENATORS WILL PLAN TO TAKE SHORT BREAKS APPROXIMATELY EVERY 2 HOURS AND A LONGER DINNER BREAK AROUND 05:00PM. >> NO PURSUANT TO THE PROVISIONS OF SENATE RESOLUTION. 47. THE COUNCIL FOR THE FORMER PRESIDENT HAS 16 HOURS. TO MAKE THE PRESENTATION THEIR CASE AND THE WALL HERE COUNCIL NOW.

PRESENTATION OF THE CASE FOR THE FORMER PRESIDENT GO AHEAD. >> GOOD AFTERNOON. SENATORS. MISTER PRESIDENT. THE ARTICLE OF IMPEACHMENT NOW BEFORE THE SENATE IS AN UNJUST AND BLATANTLY UNCONSTITUTIONAL ACT OF POLITICAL VENGEANCE. THIS APPALLING ABUSE OF THE CONSTITUTION. ONLY FURTHER DIVIDES OUR NATION WHEN WE SHOULD BE TRYING TO COME TOGETHER AROUND SHARED PRIORITIES. LIKE EVER, LIKE EVERY OTHER POLITICALLY MOTIVATED WITCH ON THE LEFT HAS AN CAJUN OVER THE PAST 4 YEARS. THIS IMPEACHMENT IS COMPLETELY DIVORCED FROM THE FACTS. THE EVIDENCE AND THE INTERESTS OF THE AMERICAN PEOPLE. THE SENATE SHOULD PROMPTLY AND DECISIVELY VOTE TO REJECT IT. NO THINKING PERSON COULD SERIOUSLY BELIEVE THAT THE PRESIDENT'S JANUARY 6 SPEECH ON THE ELLIPSE WASN'T ANY WAY AND INCITEMENT TO VIOLENCE OR INSURRECTION. THE SUGGESTION IS PATENTLY ABSURD ON ITS FACE. NOTHING IN THE TEXT COULD EVER BE CONSTRUED AS ENCOURAGING CONDONING ORRIN TASING UNLAWFUL ACTIVITY OF ANY KIND. FAR FROM PROMOTING INSURRECTION AGAINST THE UNITED STATES. THE PRESIDENT'S REMARKS EXPLICITLY ENCOURAGED THOSE IN ATTENDANCE TO EXERCISE THEIR RIGHTS. PEACEFULLY. AND PATRIOTICALLY.

PEACEFUL AND PATRIOTIC PROTEST IS THE VERY ANTITHESIS OF A VIOLENT ASSAULT ON THE NATION'S CAPITAL. THE HOUSE IMPEACHMENT ARTICLE SLANDEROUS LEE ALLEGES THAT THE PRESIDENT INTENDED FOR THE CROWD AT THE ELLIPSE TO. INTERFERE WITH THE JOINT SESSIONS SOLEMN CONSTITUTIONAL DUTY TO CERTIFY THE RESULTS OF THE 2020 PRESIDENTIAL ELECTION. THIS IS MANIFESTLY DISPROVEN BY THE PLAIN TEXT OF THE REMARKS. THE PRESIDENT DEVOTED NEARLY HIS ENTIRE SPEECH TO AN EXTENDED DISCUSSION OF HOW LEGISLATORS SHOULD VOTE ON THE QUESTION AT HAND. INSTEAD OF EXPRESSING A DESIRE THAT THE JOINT SESSION BE PREVENTED FROM CONDUCTING ITS BUSINESS. THE ENTIRE PREMISE OF HIS REMARKS WAS THAT THE DEMOCRATIC PROCESS WOOD AND SHOULD.

PLAY OUT. ACCORDING TO THE LETTER OF THE LAW. INCLUDING BOTH THE CONSTITUTION AND THE ELECTORAL COUNT ACT. IN THE CONCLUSION OF HIS REMARKS. HE THEN LAID OUT A SERIES OF LEGISLATIVE STEPS THAT SHOULD BE TAKEN TO IMPROVE DEMOCRATIC ACCOUNTABILITY GOING FORWARD. SUCH AS PASSING UNIVERSAL VOTER ID LEGISLATION BANNING BALLOT HARVESTING REQUIRING PROOF OF SEDITION CITIZENSHIP TO VOTE. AND TURNING OUT STRONG IN THE NEXT PRIMARIES. NOT ONLY PRESIDENTS. THESE ARE NOT THE WORDS OF SOMEONE INCITING A VIOLENT INSURRECTION.

NOT ONLY PRESIDENT TRUMP'S SPEECH ON JANUARY 6, BUT INDEED HIS ENTIRE CHALLENGE TO THE ELECTION RESULTS. WE'RE SQUARELY FOCUSED ON HOW THE PROPER CIVIC PROCESS. COULD ADDRESS ANY CONCERNS THROUGH THE ESTABLISHED LEGAL AND CONSTITUTIONAL SYSTEM. THE PRESIDENT BROUGHT HIS CASE BEFORE STATE AND FEDERAL COURTS. THE U.S. SUPREME COURT. THE STATE LEGISLATURE'S THE ELECTORAL COLLEGE AND ULTIMATELY THE U.S. CONGRESS. IN THE PAST NUMEROUS OTHER CANDIDATES FOR PRESIDENT HAVE USED MANY OF THE SAME PROCESS EASE TO PURSUE THEIR OWN ELECTION CHALLENGES.

AS RECENTLY AS 2016. THE CLINTON CAMPAIGN BROUGHT MULTIPLE POST-ELECTION COURT CASES. THE MAN DID RECOUNTS AND RIDICULOUSLY DECLARED THE ELECTION STOLEN BY RUSSIA. MANY DEMOCRATS EVEN ATTEMPTED TO PERSUADE THE ELECTORAL COLLEGE DELEGATES TO OVERTURN THE 2016 RESULTS. HOUSE MANAGER ASK HIM. OBJECTED TO THE CERTIFICATION OF PRESIDENT TRUMP'S VICTORY. 4 YEARS AGO ALONG WITH MANY OF HIS COLLEAGUES. YOU'LL REMEMBER WAS JOE BIDEN TO HAVE A GAVEL THEM DOWN. >> I HAVE AN OBJECTION BECAUSE 10 OF THE 29 ELECTORAL VOTES CAST BY FLORIDA WERE CAST BY ELECTORS, NOT LAWFULLY CERTIFIED. I OBJECT TO THE BOATS FROM THE STATE OF WISCONSIN, WHICH WOULD NOT SHOULD NOT BE LEGALLY SENT US A NOTE OF A BREAK. MISTER PRESIDENT. I OBJECT TO THE CERTIFICATE FROM THE STATE OF GEORGIA ON THE GROUNDS THAT THE ELECTORAL NO DEBATE IS I OBJECT A CERTIFICATE. >> FROM THE STATE OF NORTH CAROLINA TO THE 15 BOTH FROM THE STATE OF NORTH I OBJECT. I OBJECT TO THE CERTIFICATE FROM THE STATE OF ALABAMA.

THE ELECTORS WERE NOT LAWFULLY CERTIFIED IS SIGNED BY SENATOR NOT AS OF YET. IN THAT CASE THE OBJECTION CANNOT ENTERTAINED. THE OBJECTION CANNOT BE ENTERTAINED. NOT AN ORDER BALLOT, EVEN WITH THE SIGNED AND THERE'S NO BY THE JOINT SESSION YOU KNOW, THE GREAT BOAT IS NO DEBATE. 16. THERE'S NO DEBATE AND THE MASSIVE BLAZE COME TO THE NEW BUT THE TITLE 3 UNITED STATES CODE PROHIBITS DEBATE IN THE JOINT SESSION. I DO NOT WISH TO DEBATE. >> I WISH TO ASK IS THERE ONE UNITED STATES JOIN ME IN >> GENTLEMAN WILL SUSPEND. >> IN 2000, THE DISPUTE OVER THE OUTCOME WAS TAKEN ALL THE WAY TO THE SUPREME COURT WHICH ULTIMATELY RENDERED A DECISION. TO LITIGATE QUESTIONS OF ELECTION INTEGRITY WITHIN THIS SYSTEM IS NOT INCITEMENT TO RESURRECTION. IT IS THE DEMOCRATIC SYSTEM WORKING AS THE FOUNDERS AND LAWMAKERS HAVE DESIGNED. TO CLAIM THAT THE PRESIDENT IN ANY WAY WISH DESIRED OR ENCOURAGE LAWLESS OR VIOLENT BEHAVIOR IS A PREPOSTEROUS AND MONSTROUS LIE.

IN FACT, THE FIRST 2 MESSAGES THE PRESIDENT SENT VIA TWITTER ONCE THE INCURSION OF THE CAPITOL BEGAN WERE STAY PEACEFUL AND NO VIOLENCE BECAUSE WE ARE THE PARTY OF LAW AND ORDER. THE GATHERING ON JANUARY 6TH WAS SUPPOSED TO BE A PEACEFUL EVENT. MAKE NO MISTAKE ABOUT THAT. AND THE OVERWHELMING MAJORITY OF THOSE IN ATTENDANCE REMAINED PEACEFUL. AS EVERYONE KNOWS, THE PRESIDENT HAD SPOKEN AT HUNDREDS OF LARGE RALLIES ACROSS THE COUNTRY OVER THE PAST 5 YEARS. THERE HAD NEVER BEEN ANY MOB LIKE OR IDEAS BEHAVIORS. AND IN FACT A SIGNIFICANT PORTION OF EACH EVENT WAS DEVOTED TO CELEBRATING THE RULE OF LAW. PROTECTING. OUR CONSTITUTION. AND HONORING THE MEN AND WOMEN OF LAW ENFORCEMENT. CONTRAST THE PRESIDENT'S REPEATED CONDEMNATIONS OF VIOLENCE WITH THE RHETORIC FROM HIS OPPONENTS. >> I AM PRESIDENT OF LAW AND ORDER AND AN ALLY OF ALL PEACEFUL PROTESTERS. >> A VAST MAJORITY OF THE PROTESTS >> REPUBLICANS STAND FOR LAW AND ORDER.

>> AND WE STAND FOR JUSTICE. I JUST DON'T KNOW WHY THERE AREN'T UPRISINGS ALL OF THE COUNTRY. MAYBE THERE WILL BE QUIET MINISTRATION WILL ALWAYS STAND AGAINST VIOLENCE. THEY HAVE. >> AND NEEDS TO BE ON THE REST OF THE STREETS FOR AS LONG AS THERE'S UNREST IN OUR LIVES. I STAND WITH HEROES OF LAW. ♪ >> WE WILL NEVER DEFUND OUR POLICE TOGETHER. WE WILL ENSURE THAT AMERICA IS A NATION OF LAW AND ORDER I TAKE HIM BEHIND GYM AND BEAT HELP. >> THINK YOU NEED TO GO BACK AND PUNCHED HIM IN THE FACE FEEL LIKE PUNCHING HIM. JUST ONE EVERYBODY WANTS THAT. I WANT TO TELL YOU. I WANT TO TELL YOU, KAVANAUGH.

♪ WE WANT LAW AND ORDER. WE HAVE TO HAVE A LOT ON HER. SHOW ME WHERE IT SAYS THE PROTESTS ARE SUPPOSED TO BE POLITE. >> AND PEACEFUL. WE BELIEVE IT'S A SECURE COMMUNITIES AND WE BELIEVE IN LAW. >> TRAGICALLY. AS WE KNOW NOW. THE JANUARY ON JANUARY 6, 6, A SMALL GROUP TO CAME TO ENGAGE IN VIOLENT AND MENACING BEHAVIOR HIJACKED THE EVENT FOR THEIR OWN PURPOSES. ACCORDING TO PUBLICLY AVAILABLE REPORTING, IT IS APPARENT THAT EXTREMISTS VARIOUS DIFFERENT STRIPES AND POLITICAL PERSUASIONS PRE PLANNED AND PREMEDITATED AND ATTACK ON THE CAPITAL. ONE OF THE FIRST PEOPLE ARRESTED WAS A LEADER OF ANTIFA. SADLY. HE WAS ALSO AMONG THE FIRST TO BE RELEASED. FROM THE BEGINNING. THE PRESIDENT HAS BEEN CLEAR. THE CRIMINALS TO INFILTRATED THE CAPITAL MUST BE PUNISHED TO THE FULLEST EXTENT OF THE LAW. THEY SHOULD BE IN PRISON FOR AS LONG AS THE LAW ALLOWS. >> THE FACT THAT THE ATTACKS WERE APPARENTLY PREMEDITATED AS ALLEGED BY THE HOUSE MANAGERS.

DEMONSTRATES THE LUDACRIS NESS OF THE INCITEMENT ALLEGATION AGAINST THE PRESIDENT. YOU CAN'T INSIGHT WHAT WAS ALREADY GOING TO HAPPEN. LAW ENFORCEMENT OFFICERS AT THE SCENE CONDUCTED THEMSELVES HEROICALLY. AND COURAGEOUSLY AND OUR COUNTRY OWES THEM AN INTERNAL DEBT. BUT THERE MUST BE A DISCUSSION OF THE DECISION BY POLITICAL LEADERSHIP REGARDING FORCE POSTURE AND SECURITY IN ADVANCE OF THE EVENT. AS MANY WILL RECALL. LAST SUMMER, THE WHITE HOUSE WAS FACED WITH VIOLENT VIOLENT RIOTERS NIGHT AFTER NIGHT. THEY REPEATEDLY ATTACKED SECRET SERVICE OFFICERS AND AT ONE POINT, PIERS, TO SECURITY WALL COMMON EATING IN THE CLEARING OF LAFAYETTE SQUARE. SINCE THAT TIME. THERE HAS BEEN A SUSTAINED NEGATIVE NARRATIVE IN THE MEDIA REGARDING THE NECESSITY OF THOSE SECURITY MEASURES ON THAT NIGHT.

EVEN KNOW THEY CERTAINLY PREVENTED MANY CALAMITIES FROM OCCURRING. IN THE WAKE OF THE CAPITAL ATTACK. IT MUST BE INVESTIGATED WHETHER THE PROPER FORCE POSTURE WAS NOT INITIATED. TO THE POLITICAL PRESSURE STEMMING FROM THE EVENTS AT LAFAYETTE SQUARE. CONSIDER THIS. ON JANUARY 5TH THE MAYOR OF THE DISTRICT OF COLUMBIA EXPLICITLY DISCOURAGED. THE NATIONAL GUARD AND FEDERAL AUTHORITIES FROM DOING MORE TO PROTECT THE CAPITAL SAYING AND I QUOTE. THE DISTRICT OF COLUMBIA IS NOT REQUESTING OTHER FEDERAL LAW ENFORCEMENT PERSONNEL. AND DISCOURAGES. ANY ADDITIONAL DEPLOYMENT. THIS SHAM IMPEACHMENT ALSO POSES A SERIOUS THREAT TO FREEDOM OF SPEECH FOR POLITICAL LEADERS OF BOTH PARTIES AT EVERY LEVEL OF GOVERNMENT. THE SENATE SHOULD BE EXTREMELY CAREFUL ABOUT THE PRESIDENT. THE PRECEDENT THIS CASE WILL SET. CONSIDER THE LANGUAGE THAT THE HOUSE IMPEACHMENT ARTICLE ALLEGES TO CONSTITUTE INCITEMENT.

IF YOU DON'T FIGHT LIKE L. YOU'RE NOT GOING TO HAVE A COUNTRY ANYMORE. THIS IS ORDINARY POLITICAL RHETORIC THAT IS VIRTUALLY INDISTINGUISHABLE FROM THE LANGUAGE THAT HAS BEEN USED BY PEOPLE ACROSS THE POLITICAL SPECTRUM. FOR HUNDREDS OF YEARS. COUNTLESS POLITICIANS HAVE SPOKEN OF FIGHTING FOR OUR PRINCIPLES. JOE BIDEN'S CAMPAIGN SLOGAN WAS BATTLE FOR THE SOUL OF AMERICA. NO HUMAN BEING SERIOUSLY BELIEVES THAT THE USE OF SUCH METAPHORICAL TERMINOLOGY IS INCITEMENT TO POLITICAL VIOLENCE. WELL, THE PRESIDENT DID NOT ENGAGE IN ANY LANGUAGE OF INCITEMENT. THERE ARE. NUMEROUS OFFICIALS IN WASHINGTON TO HAVE INDEED USE PROFOUNDLY RECKLESS, DANGEROUS AND INFLAMMATORY RHETORIC IN RECENT YEARS. THE ENTIRE DEMOCRATIC PARTY AND NATIONAL NEWS MEDIA SPENT THE LAST 4 YEARS REPEATING. WITHOUT ANY EVIDENCE. THAT THE 2016 ELECTION HAD BEEN HACKED. AND FALSELY AND ABSURDLY CLAIMED THE PRESIDENT OF THE UNITED STATES WAS A RUSSIAN SPY. SPEAKER PELOSI HERSELF SAID THAT THE 2016 ELECTION WAS HIJACKED AND THAT CONGRESS HAS A DUTY TO PROTECT OUR DEMOCRACY. SHE ALSO CALLED THE PRESIDENT AN IMPOSTER AND A TRAITOR. AND RECENTLY REFERRED TO OUR COLLEAGUES IN THE HOUSE AS THE ENEMY WITHIN. MOREOVER, MANY DEMOCRAT POLITICIANS INDOORS AND ENCOURAGE THE RIOTS THAT DESTROYED VAST SWATHS OF AMERICAN CITIES LAST SUMMER.

ONE VIOLENT LEFT WING AN ARCUS CONDUCTED THIS SUSTAINED ASSAULT ON A FEDERAL COURTHOUSE IN PORTLAND, OREGON. SPEAKER PELOSI DID NOT CALL IT IN INSURRECTION INSTEAD, SHE CALLED THE FEDERAL LAW ENFORCEMENT OFFICERS PROTECTING THE BUILDING. STORM TROOPERS. WHEN VIOLENT MOBS DESTROYED PUBLIC PROPERTY. SHE SAID. PEOPLE WILL DO WHAT THEY DO. THE ATTORNEY GENERAL OF THE STATE OF MASSACHUSETTS. STATED. YES, AMERICA IS BURNING. BUT THAT'S HOW FORESTS GROW.

REPRESENTATIVE ON PRESLEY DECLARED. THERE NEEDS TO BE ON REST IN THE STREETS FOR AS LONG AS THERE AS IS UNREST IN OUR LIVES. THE CURRENT VICE PRESIDENT OF THE UNITED STATES, KAMALA HARRIS URGED SUPPORTERS TO DONATE TO A FUND THAT BAILED OUT VIOLENT RIOTERS AND ARSONISTS OUT OF JAIL. ONE OF THOSE WAS RELEASED AND WENT OUT AND COMMITTED ANOTHER CRIME ASSAULT. HE BEAT THAT THE JESUS OUT OF SOMEBODY. SHE SAID. OF THE VIOLENT DEMONSTRATIONS. EVERYONE BE AWARE. THEY'RE NOT GOING TO STOP BEFORE ELECTION DAY IN NOVEMBER AND THEY'RE NOT GOING TO STOP AFTER ELECTION DAY.

THEY'RE NOT GOING TO LET UP. AND THEY SHOULD NOT. SUCH RHETORIC CONTINUED EVEN AS. HUNDREDS OF POLICE OFFICERS ACROSS THE NATION WERE SUBJECTED TO VIOLENT ASSAULT AT THE HANDS OF ANGRY MOBS. A MAN CLAIMING TO BE INSPIRED BY THE JUNIOR SENATOR FROM VERMONT. CAME DOWN HERE TO WASHINGTON, DC TO WATCH A SOFTBALL GAME AND KILL AS MANY SENATORS AND CONGRESSMEN AS HE COULD. IT CANNOT BE FORGOTTEN THAT PRESIDENT TRUMP DID NOT BLAME THE JUNIOR SENATOR. THE SENIOR SENATOR FROM MAINE HAS HAD HER HOUSE SURROUNDED BY ANGRY MOBS OF PROTESTERS. WHEN THAT HAPPENED IN UNNERVED, HER.

ONE OF THE HOUSE MANAGERS. I FORGET WHICH ONE TWEETED. CRY ME A RIVER. UNDER THE STANDARDS OF THE HOUSE IMPEACHMENT ARTICLE. EACH OF THESE INDIVIDUALS SHOULD BE RETROACTIVELY CENSORED. EXPELLED. PUNISHED OR IMPEACHED. FOR INCITING VIOLENCE BY THEIR SUPPORTERS. UNLIKE THE LEFT PRESIDENT TRUMP HAS BEEN ENTIRELY CONSISTENT IN HIS OPPOSITION TO MOB VIOLENCE. HE OPPOSES IT IN ALL FORMS. IN ALL PLACES. JUST AS HE'S BEEN CONSISTENT THAT THE NATIONAL GUARD SHOULD BE DEPLOYED TO PROTECT AMERICAN COMMUNITIES. WHEREVER PROTECTION IS NEEDED. FOR DEMOCRATS. THEY HAVE CLEARLY DEMONSTRATED THAT THEIR OPPOSITION TO MOBS. AND THEIR VIEW OF USING THE NATIONAL GUARD. DEPENDS UPON THE MOBS POLITICAL VIEWS. NOT ONLY IS THIS IMPEACHMENT CASE PREPOSTEROUSLY WRONG ON THE FACTS. NO MATTER HOW MUCH HE AND A MOTION IS INJECTED BY THE POLITICAL OPPOSITION.

IT IS ALSO PLAINLY UNCONSTITUTIONAL. IN EFFECT. CONGRESS WOULD BE CLAIMING THAT THE RIGHT TO DISQUALIFY A PRIVATE CITIZEN NO LONGER A GOVERNMENT OFFICIAL FROM RUNNING FOR PUBLIC OFFICE. THIS WOULD TRANSFORM THE SOLEMN IMPEACHMENT PROCESS INTO A MECHANISM FOR ASSERTING CONGRESSIONAL CONTROL OVER WHICH PRIVATE CITIZENS OR AND ARE NOT ALLOWED TO RUN FOR PRESIDENT. IN SHORT, THIS UNPRECEDENTED EFFORT IS NOT ABOUT DEMOCRATS OPPOSING POLITICAL VIOLENCE. IS ABOUT DEMOCRATS TRYING TO DISQUALIFY THEIR POLITICAL OPPOSITION. IT IS CONSTITUTIONAL CANCEL CULTURE. HISTORY WILL WILL WILL RECORD THIS SHAMEFUL EFFORT AS A DELIBERATE ATTEMPT BY THE DEMOCRAT PARTY TO SMEAR SENSOR AND CANCEL. NOT JUST PRESIDENT TRUMP. BUT THE 75 MILLION AMERICANS HAVE VOTED FOR HIM. NOW IS NOT THE TIME FOR SUCH A CAMPAIGN OF RETRIBUTION. IT IS THE TIME FOR UNITY.

AND HEALING. AND FOCUSING ON THE INTERESTS OF THE NATION AS A WHOLE. WE SHOULD ALL BE SEEKING TO COOL TEMPERATURES. CALM PASSIONS RISE ABOVE PARTISAN LINES. THE SENATE SHOULD REJECT THIS DIVISIVE CONCH TO SHUN UL EFFORT AND ALLOW THE NATION TO MOVE FORWARD. OVER THE NEXT. OVER THE COURSE, THE NEXT 3 HOURS OR SO. YOU'LL HEAR NEXT FROM MISTER SCHOEN, WHO'S GOING TO TALK ABOUT DUE PROCESS AND COUPLE OTHER POINTS CHILL BE INTERESTED TO HEAR. RETURN WITH THE NOW WITHIN AN ANALYSIS OF WHY THE FIRST AMENDMENT MUST BE PROPERLY APPLIED HERE. THEN MISTER CASTOR WILL DISCUSS THE LAW AS IT APPLIES TO THE SPEECH OF JANUARY 6. AND THEN WE'LL BE PLEASED TO ANSWER YOUR QUESTIONS. THANK YOU. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ MISTER SHARON. SENATORS. THROUGHOUT THE COURSE OF TODAY. MY COLLEAGUES AND I WILL EXPLAIN IN SOME DETAIL. THE SIMPLE FACT THAT PRESIDENT TRUMP DID NOT INCITE THE HORRIFIC TERRIBLE RIOTS JANUARY 6TH. WE'LL DEMONSTRATE THAT TO THE CONTRARY, THE VIOLENCE AND LOOTING GOES AGAINST THE LAW AND ORDER MESSAGE.

HE CONVEYED TO EVERY CITIZEN OF THE UNITED STATES THROUGHOUT HIS PRESIDENCY. INCLUDING ON JANUARY 6TH. FIRST, THOUGH. WE WOULD LIKE TO DISCUSS THE HATRED. THE VITRIOL, THE POLITICAL OPPORTUNISM. THAT HAS BROUGHT US HERE TODAY. THE HATRED THAT THE HOUSE MANAGERS AND OTHERS ON THE LEFT HAVE FOR PRESIDENT TRUMP HAS DRIVEN THEM TO SKIP THE BASIC ELEMENTS OF DUE PROCESS. AND FAIRNESS AND TO RUSSIAN IMPEACHMENT THROUGH THE HOUSE CLAIMING, QUOTE, URGENCY CLOSE QUOTES. BUT THE HOUSE WAITED TO DELIVER THE ARTICLES TO THE SENATE FOR ALMOST 2 WEEKS. ONLY AFTER DEMOCRATS HAD SECURED CONTROL OVER THE SENATE IN FACT, CONTRARY TO THEIR CLAIM THAT THE ONLY REASON THEY HELD IT WAS BECAUSE SENATOR MCCONNELL WOULDN'T ACCEPT THE ARTICLE. >> REPRESENTATIVE CLIBURN MADE CLEAR THAT THEY HAD CONSIDERED HOLDING THE ARTICLES FOR OVER A 100 DAYS. TO PROVIDE PRESIDENT BIDEN WITH A CLEAR PATHWAY TO IMPLEMENT HIS AGENDA. OUR CONSTITUTION AND ANY BASIC SENSE OF FAIRNESS REQUIRE THAT EVERY LEGAL PROCESS WITH SIGNIFICANT CONSEQUENCES FOR A PERSON'S LIFE. INCLUDING IMPEACHMENT. REQUIRES DUE PROCESS UNDER THE LAW WHICH INCLUDES FACT FINDING AND THE ESTABLISHMENT OF A LEGITIMATE AND THE DENTURE E RECORD WITH AN APPROPRIATE FOUNDATION.

EVEN LAST YEAR'S IMPEACHMENT FOLLOWED COMMITTEE HEARINGS AND MONTHS OF EXAMINATION. AN INVESTIGATION BY THE HOUSE. PRESIDENT TRUMP AND HIS COUNSEL. WE'RE GIVEN NO OPPORTUNITY TO REVIEW EVIDENCE OR QUESTION ITS PROPRIETY. THE RUSH TO JUDGMENT FOR A SNAP IMPEACHMENT IN THIS CASE. WAS JUST ONE EXAMPLE. OF THE DENIAL OF DUE PROCESS. ANOTHER PERHAPS EVEN MORE VITALLY SIGNIFICANT. EXAMPLE, WITH DENIAL OF ANY OPPORTUNITY EVER JUST TEST THE INTEGRITY OF THE EVIDENCE OFFERED AGAINST DONALD J. TRUMP IN A PROCEEDING SEEKING TO BAR HIM FROM EVER HOLDING PUBLIC OFFICE AGAIN. AND THAT SEEKS TO DISENFRANCHISE SOME 75 MILLION VOTERS. AMERICAN VOTERS. ON WEDNESDAY THIS WEEK. COUNTLESS NEWS OUTLETS REPEATED THE DEMOCRAT TALKING POINT ABOUT THE POWER OF NEVER BE SIT. NEVER BEFORE. SEEN FOOTAGE. LET ME ASK YOU THIS. WHY WAS THIS FOOTAGE NEVER SEEN BEFORE. SHOULDN'T THE SUBJECT OF AN IMPEACHMENT TRIAL. THIS IMPEACHMENT TRIAL OF PRESIDENT TRUMP HAVE THE RIGHT TO SEE THE SO-CALLED NEW EVIDENCE AGAINST HIM. MORE IMPORTANTLY. THE RIOT IN THE ATTACK ON THIS VERY BUILDING WAS A MAJOR EVENT THAT SHOCKED AND IMPACTED ALL AMERICANS. SHOULDN'T THE AMERICAN PEOPLE.

HAVE SEEN THIS FOOTAGE AS SOON AS IT WAS AVAILABLE. FOR WHAT POSSIBLE REASON TO THE HOUSE MANAGERS, WITHHOLD IT FROM THE AMERICAN PEOPLE AND PRESIDENT TRUMP'S LAWYERS FOR POLITICAL GAIN. HOW DID THEY GET IT. HOW ARE THEY THE ONES RELEASING IT. IT IS EVIDENCE AND HUNDREDS OF PENDING CRIMINAL CASES AGAINST THE RIOTERS. WHY WAS IT NOT RELEASED TO LAW ENFORCEMENT WITH THE DEPARTMENT OF JUSTICE. IS IT THE RESULT OF A RUSH TO SNAP IMPEACHMENT FOR POLITICAL GAIN WITHOUT DUE PROCESS. HOUSE MANAGER ASKIN TOLD US ALL YESTERDAY THAT YOUR JOB AS JURORS IN THIS CASE IS A FACT INTENSIVE JOB. BUT OF COURSE, AS SEVERAL OF THE HOUSE MANAGERS HAVE TOLD YOU. WE STILL DON'T HAVE THE FACTS. SPEAKER PELOSI YOURSELF ON FEBRUARY. 2ND CALLED FOR A 9.11 STYLE COMMISSION TO INVESTIGATE THE EVENTS OF JANUARY 6TH.

SPEAKER PELOSI SAYS THAT THE COMMISSION IS NEEDED TO DETERMINE THE CAUSE IS OF THE EVENTS. SHE SAID IT HERSELF. IF AN INQUIRY OF THAT MAGNITUDE IS NEEDED TO DETERMINE THE CAUSES OF THE RIOTS. AND IT MAY VERY WELL BE. AND HOW CAN THE SAME DEMOCRATS HAVE THE CERTAINTY NEEDED TO BRING ARTICLES OF IMPEACHMENT AND BLAME THE RIOTS ON PRESIDENT TRUMP. THEY DON'T. THE HOUSE MANAGERS FACING A SIGNIFICANT LACK OF EVIDENCE TURNED OFF IN PRESS REPORTS AND RUMORS DURING THESE PROCEEDINGS. CLAIMS THAT WOULD NEVER MEET THE EVIDENTIARY STANDARDS OF ANY COURT. IN FACT, THEY EVEN RELIED ON THE WORDS OF ANDREW FEINBERG. A REPORTER RECENTLY WORKED FOR SPUTNIK. THE RUSSIAN PROPAGANDA OUTLET. YOU SAW IT POSTED BY THE WAY, THE REPORT THEY CITED WAS COMPLETELY REFUTED.

THE FREQUENCY WITH WHICH HOUSE MANAGERS RELIED ON UNPROVEN MEDIA REPORTS SHOCKED ME. AS I SAID IN THIS CHAMBER AND LISTEN TO THIS. AND THERE'S A LOT THAT WE DON'T KNOW YET ABOUT WHAT HAPPENED THAT DAY. ACCORDING TO THOSE AROUND HIM AT THE TIME REPORTEDLY RESPONDED TRUMP REPORTEDLY REPORTS ACROSS ALL MAJOR MEDIA OUTLETS, MAJOR NEWS NETWORKS INCLUDING FOX NEWS REPORTED REPORTED REPORT. THE SUMMON REPORTEDLY REPORTEDLY NOT ACCIDENTAL. ACCORDING TO REPORTS. PRESIDENT TRUMP WAS REPORTEDLY REPORTEDLY SPOKE TO THE DARK. IT WAS WIDELY REPORTED MEDIA REPORTS ACCORDING TO REPORTS REPORTED REPORTEDLY. AS ANY TRIAL LAWYER WILL TELL YOU REPORTEDLY IS A EUPHEMISM FOR. I HAVE NO REAL EVIDENCE. REPORTEDLY IT'S NOT THE STANDARD IN ANY AMERICAN SETTING IN WHICH ANY SEMBLANCE OF DUE PROCESS WAS AFFORDED ACCUSED. REPORTEDLY ISN'T EVEN HERE IS SOME CIRCUMSTANTIAL EVIDENCE. IT IS EXACTLY AS RELIABLE AS I GOOGLED THIS FOR YOU.

AND IF YOU'RE WORRIED, YOU MIGHT EVER BE TRIED BASED ON THIS TYPE OF EVIDENCE. DON'T BE. YOU GET MORE DUE PROCESS IN THIS. WHEN YOU FIND A PARKING TICKET. ONE REASON DUE PROCESS IS SO IMPORTANT WITH RESPECT TO EVIDENCE OFFERED AGAINST AN ACCUSED IS THAT IT REQUIRES AN OPPORTUNITY TO TEST THE INTEGRITY. THE CREDIBILITY. THE RELIABILITY OF THE EVIDENCE HERE. OF COURSE, FORMER PRESIDENT TRUMP WAS COMPLETELY DENIED ANY SUCH OPPORTUNITY. AND IT TURNS OUT. THERE IS SIGNIFICANT REASON TO DOUBT THE EVIDENCE THE HOUSE MANAGERS HAVE PUT BEFORE US. LET ME SAY THIS CLEARLY. WE HAVE REASON TO BELIEVE THE HOUSE MANAGERS MANIPULATED EVIDENCE AND SELECTIVELY EDITED FOOTAGE. IF THEY DID. AND THIS WERE A COURT OF LAW. THEY WOULD FACE SANCTIONS FROM THE JUDGE. I DON'T RAISE THIS ISSUE LIGHTLY. IT IS A PRODUCT OF WHAT WE HAVE FOUND IN JUST A LIMITED TIME. WE HAVE HAD SINCE WE FIRST SAW THE EVIDENCE HERE WITH YOU THIS WEEK.

WE HAVE REASON TO BELIEVE THE HOUSE MANAGERS CREATED FALSE REPRESENTATIONS OF TWEETS AND THE LACK OF DUE PROCESS MEANS THERE WAS NO OPPORTUNITY TO REVIEW OR VERIFY THE ACCURACY. CONSIDER THESE FACTS. THE HOUSE MANAGERS, PROUD OF THEIR WORK ON THE SNAP IMPEACHMENT STAYS NUMEROUS PHOTOSHOOTS OF THEIR PREPARATIONS. IN ONE OF THOSE MANAGER ASKING THE SCENE HERE AT HIS DESK REVIEWING 2 TWEETS SIDE BY SIDE. THE IMAGE ON HIS SCREEN CLAIMS TO SHOW THAT PRESIDENT TRUMP HAD RETWEETED ONE OF THOSE TWEETS. NOW MEMBERS OF THE SENATE. LET'S LOOK CLOSELY AT THE SCREEN BECAUSE OBVIOUSLY MANAGER ASKING CONSIDERED IT IMPORTANT ENOUGH. HE INVITED THE NEW YORK TIMES TO WATCH HIM WATCHING IT. NOW. WHAT'S WRONG WITH THIS IMAGE ACTUALLY, THERE ARE 3 THINGS VERY WRONG WITH IT. LOOK AT THE DATE ON THE VERY BOTTOM OF THE SCREEN.

A SKINS COMPUTER SCREEN WHEN WE ZOOM INTO THE PICTURE. THE DATE THAT APPEARS IS JANUARY. 3RD 2000, 20. 2021. WHY IS THAT DATE WRONG. BECAUSE THIS IS NOT A REAL SCREENSHOT THAT HE'S WORKING WITH THIS IS A RE CREATION OF A TWEET AND YOU'VE GOT THE DATE WRONG WHEN YOU MANUFACTURED THIS GRAPHIC. YOU DID NOT DISCLOSE THAT THIS IS A MANUFACTURED GRAPHIC AND NOT A REAL SCREENSHOT OF A TWEET THAT TO BE FAIR, THE HOUSE MANAGERS CUT THIS ERROR BEFORE SHOWING THE IMAGE ON THE SENATE FLOOR. SO YOU NEVER SAW IT WHEN IT WAS PRESENTED TO YOU.

BUT THAT'S NOT ALL. THEY DIDN'T FIX THIS ONE. LOOK AT THE BLUE CHECK MARK NEXT TO THE TWITTER USER NAME OF THE ACCOUNT RETWEETED BY THE PRESIDENT. IT INDICATES THAT THIS IS A VERIFIED ACCOUNT GIVEN THE BLUE CHECKED BY TWITTER TO INDICATE IT IS RUN BY A PUBLIC FIGURE. THE PROBLEM. THE USER'S REAL ACCOUNT IS NOT VERIFIED AND HAS NO BLUE CHECKMARK, AS YOU CAN SEE. WE'RE TRYING TO MAKE HER ACCOUNTS. SEE MORE SIGNIFICANT. WE JUST LAPPING. IF WE HAD DUE PROCESS OF LAW IN THIS CASE, WE WOULD KNOW THE TRUTH. BUT THAT'S NOT ALL. IT'S WRONG WITH THIS ONE TWEET. HOUSE MANAGERS SWALWELL SHOWED YOU THIS TWEET THIS WEEK AND HE EMPHASIZED THIS TWEET REFLECTED A CALL TO ARMS. HE TOLD YOU REPEATEDLY THIS WAS A PROMISE TO CALL IN THE CAVALRY. 4 JANUARY 6. HE EXPRESSLY LEAD YOU TO BELIEVE THAT PRESIDENT TRUMP SUPPORTER BELIEVED THAT THE PRESIDENT WANTED ARMED SUPPORTERS AT THE JANUARY 6 SPEECH, PARAMILITARY GROUPS, THE CAVALRY READY FOR PHYSICAL COMBAT. THE PROBLEM IS THE ACTUAL TEXT IS EXACTLY THE OPPOSITE. THE TWEET OR PROMISED TO BRING THE A PUBLIC DISPLAY OF CHRIST'S CRUCIFIXION.

7 CENTRAL SYMBOL OF HER CHRISTIAN FAITH WITH HER TO THE PRESIDENT'S SPEECH, THE SYMBOL OF FAITH, LOVE AND PEACE. THEY JUST NEVER WANT TO SEEM TO READ THE TEXT. AND BELIEVE WHAT THE TEXT MEANS YOU'LL SEE IS REPORTED IN THE MEDIA LAST EVENING. ALSO. WORDS MATTER. THEY TOLD YOU. BUT THEY SELECTIVELY EDITED. THE PRESIDENT'S WORDS OVER AND OVER AGAIN. THEY MANIPULATED VIDEO TIME SHIFTING CLIPS AND MADE IT APPEAR THE PRESIDENT'S WORDS WERE PLAYING TO A CROWD WHEN THEY WEREN'T. LET'S TAKE A LOOK.

>> AFTER THIS. WE'RE GOING TO WALK DOWN AND I'LL BE THERE WITH YOU. WE'RE GOING TO WALK DOWN. I GOT TO WALK DOWN DOWN TO THE CAPITAL. AND WE'RE GOING 0. >> SENATORS IN CONGRESSMEN AND WOMEN. AND WE'RE PROBABLY NOT GOING TO BE CHEERING SO MUCH FOR SOME OF THEM. BECAUSE YOU'LL NEVER. >> TAKE BACK OUR COUNTRY WITH WEAK THIS. YOU HAVE TO SHOW STRENGTH AND YOU HAVE TO BE STRONG. >> WE HAVE COME TO DEMAND THAT CONGRESS. AND ONLY COUNT ELECTORS TO HAVE BEEN LAWFULLY SLATED LAWFULLY, SLATED. EVERYONE HERE WILL SOON BE MARCHING OVER TO THE CAPITOL BUILDING.

TO PEACEFULLY END PATRIOTICALLY MAKE YOUR VOICES HEARD. >> AND WE ARE GOING TO WALK DOWN TO THE CAPITOL. THEY SHOWED YOU THAT PART. WHY ARE WE WALKING TO THE CAPITOL. WELL, THEY CUT THAT OFF. TO CHEER ON SOME MEMBERS OF CONGRESS AND NOT OTHERS PEACEFULLY AND PATRIOTICALLY. THE SUPREME COURT RULED IN BRANDENBURG THAT THERE'S A VERY CLEAR STANDARD FOR INCITEMENT IN SHORT TO PARAPHRASE WHETHER THE SPEECH WAS INTENDED TO PROVOKE IMMINENT LAWLESS ACTION. AND WAS A LIKELY TO DO SO. GO TO THE CAPITOL AND CHEER ON SOME MEMBERS OF CONGRESS BUT NOT OTHERS. THEY KNOW IT DOESN'T MEET THE STANDARD FOR INCITEMENT. SO THE ANY DOWN. WE HEARD A LOT THIS WEEK ABOUT FIGHT LIKE HELP. BUT THEY CUT OFF THE VIDEO BEFORE THEY SHOWED YOU THE PRESIDENT'S OPTIMISTIC PATRIOTIC WORDS THAT FOLLOWED IMMEDIATELY AFTER. >> WE FIGHT LIKE AND IF YOU DON'T FIGHT LIKE YOU'RE NOT GOING TO HAVE A COUNTRY ANYMORE. >> OUR EXCITING ADVENTURES AND BOLDEST ENDEAVORS.

NOT YET BEGUN. MY FELLOW AMERICANS FOR OUR OUR CHILDREN ARE. >> OUR BELOVED COUNTRY. AND I SAY THIS, DESPITE ALL THAT HAPPENED, THE BEST IS YET TO COME. >> THERE'S THAT FAMOUS QUOTE, LIKE ONE OF THE HOUSE MANAGERS SAID. ALLY WILL TRAVEL HALFWAY AROUND THE WORLD BEFORE THE TRUTH HAS A CHANCE TO PUT SHOES ON. THIS LIGHT TRAVEL AROUND THE WORLD A FEW TIMES MADE ITS WAY INTO THE BIDEN CAMPAIGN. TALKING POINTS AND ENDED UP ON THE SENATE FLOOR. THE CHARLOTTESVILLE LIE. VERY FINE PEOPLE ON BOTH SIDES EXCEPT THAT ISN'T ALL HE SAID. AND THEY KNEW IT. THEN AND THEY KNOW IT. NOW. WATCH THIS.

>> BUT YOU ALSO HAD PEOPLE THAT WERE. VERY FINE PEOPLE ON BOTH SIDES. YOU HAD PEOPLE IN THAT GROUP EXCUSE ME. EXCUSE ME. I SAW THE SAME PICTURES AS YOU DID. YOU HAD PEOPLE IN THAT GROUP THAT WERE THERE TO PROTEST THE TAKING DOWN OF TO THEM. A VERY, VERY IMPORTANT STATUE AND THE RENAMING OF A PARK FROM ROBERT E LEE TO ANOTHER WASHINGTON WAS A SLAVE OWNER WAS GEORGE WASHINGTON A SLAVE SO WILL GEORGE WASHINGTON NOW LOSES WE GO TO TAKE DOWN SHE'S WE'RE GOING TO TAKE DOWN.

ARE WE GOING TO TAKE DOWN STATUES TO JUDGE, HOW ABOUT THOMAS JEFFERSON? WHAT DO YOU THINK THOMAS JEFFERSON. YOU OKAY, WE'RE GOING TO TAKE DOWN THE STATUE BECAUSE HE WAS A MAJOR SLAVE OWNER. NOW WE'RE GOING TO TAKE DOWN HIS STATUE. SO YOU KNOW WHAT IT'S FINE. YOU'RE CHANGING HISTORY YOU'RE CHANGING CULTURE. AND YOU HAD PEOPLE AND I'M NOT TALKING ABOUT THE NEO-NAZIS AND THE WHITE NATIONALISTS BECAUSE THEY SHOULD BE CONDEMNED TOTALING. BUT YOU HAD MANY PEOPLE IN THAT GROUP OTHER THAN NEO-NAZIS AND WHITE NATIONALISTS. OKAY. AND THE PRESS HAS TREATED THEM ABSOLUTELY UNFAIRLY. NOW IN THE OTHER GROUP ALSO, YOU HAD SOME FINE PEOPLE, BUT YOU ALSO HAD TROUBLE MAKERS AND YOU SEE THEM COME WITH THE WITH THE BLACK OUTFITS AND WITH THE HELMETS AND WITH THE BASEBALL BATS.

WE'VE YOU HAVE A LOT OF BAD GET A LOT OF BAD PEOPLE IN THE RIGHT, ANDERSON. WE'RE YOU'RE SAYING THE PRESS IS TREATED WHITE NATIONALISTS AND FAIRLY OFTEN OR SO YEARS OUT. THERE WERE PEOPLE IN THAT RALLY AND I LOOK THE NIGHT BEFORE. >> IF YOU THEY WERE PEOPLE. PROTESTING VERY QUIETLY. TAKING DOWN OF THE STATUE OF ROBERT E LEE. I'M SURE IN THAT GROUP THAT WAS IN BED WITH THE FOLLOWING DAY, IT LOOKED LIKE THEY HAD SOME. NEO-NAZIS WHITE NATIONALISTS. WHAT IF YOU WANT TO CALL. BUT YOU HAVE A LOT OF PEOPLE IN THAT GROUP THAT WERE THERE TO INNOCENTLY PROTEST AND VERY LEGALLY PROTEST BECAUSE, YOU KNOW, I DON'T YOU KNOW. THEY HAD A THE OTHER GROUP DIDN'T HAVE A PERMIT. SO I ONLY TELL YOU THIS. THERE ARE 2 SIDES TO A STORY I THOUGHT WHAT TOOK PLACE WAS A HORRIBLE MOMENT FOR OUR COUNTRY.

HORRIBLE MOMENT. BUT THERE ARE 2 SIDES OF THE COUNTRY. DOES ANYBODY HAVE A FINAL? DOES ANYBODY HAVE YOU HAVE AN >> THIS MIGHT BE TODAY. THE FIRST TIME THE NEWS NETWORKS PLAY THOSE FULL REMARKS IN THEIR CONTEXT. AND HOW MANY TIMES HAVE YOU HEARD THE PRESIDENT TRUMP HAS NEVER DENOUNCED WHITE SUPREMACISTS. NOW YOU IN AMERICA KNOW THE TRUTH. HERE'S ANOTHER EXAMPLE. ONE OF THE HOUSE MANAGERS MADE MUCH OF THE PRESIDENT SUPPOSEDLY OMINOUS WORDS OF YOU HAVE TO GET YOUR PEOPLE TO FIGHT. BUT YOU KNOW WHAT? THE PRESIDENT REALLY MEANT. HE MEANT THAT THE CROWD TO DEMAND ACTION FROM MEMBERS OF CONGRESS AND SUPPORT PRIMARY CHALLENGES TO THOSE WHO'D OWN DO WHAT HE CONSIDERED TO BE RIGHT SUPPORT PRIMARY CHALLENGES, NOT VIOLENT ACTION. I KNOW WHAT HE MEANT BECAUSE I WATCH THE FULL VIDEO AND SO DID THE HOUSE MANAGERS, BUT THEY MANIPULATED HIS WORDS.

YOU WILL SEE WHERE THEY STOPPED IT. AND GIVEN A VERY DIFFERENT MEANING FROM THE MEANING IT HAS IN FULL CONTEXT. LET'S WATCH. YOU HAVE TO GET YOUR PEOPLE TO FIGHT. >> YOU HAVE TO GET YOUR PEOPLE TO FIGHT. AND IF THEY DON'T FIGHT, WE HAVE TO PRIMARY LOT OF THE ONES THAT DON'T FIGHT. CAN ALREADY TELL YOU, FRANKLY. >> THE PEOPLE NEED TO FIGHT FOR MEMBERS OF CONGRESS. WHY DO WE HAVE TO SKIP THE NECESSARY DUE DILIGENCE AND DUE PROCESS. OF LAW AND ANY LEAD THAT ANY LEGAL PROCEEDING SHOULD HAVE.

IT COULDN'T HAVE BEEN THE URGENCY TO GET PRESIDENT TRUMP OUT OF OFFICE. HOUSE DEMOCRATS HELD THE ARTICLES UNTIL HE WAS NO LONGER PRESIDENT LOOTING THEIR CASE. HATRED ANIMOSITY DIVISION. POLITICAL GAIN AND LET'S FACE IT FOR HOUSE DEMOCRATS. PRESIDENT TRUMP IS THE BEST ENEMY TO ATTACK. >> I WANT TO SAY THIS FOR DONALD TRUMP. >> HU I MAY WELL BE VOTING TO IMPEACH DONALD TRUMP HAS ALREADY DONE A NUMBER OF THINGS WHICH LEGITIMATELY RAISED THE QUESTION OF IMPEACH. I DON'T RESPECT THIS PRESIDENT. ♪ >> AND THAT IS GROUNDS TO START IMPEACHMENT PROCEEDINGS THOSE ARE GROUNDS TO START IMPEACHMENT. THOSE ARE GROUNDS START IMPEACHMENT PROCEEDINGS. YES, I THINK THAT'S GROUNDS TO START IMPEACHMENT PROCEEDING. I RISE TODAY. MISTER SPEAKER. FOR THE IMPEACHMENT OF THE PRESIDENT. >> OF THE UNITED STATES OF AMERICA. I CONTINUE TO >> SO WE'RE CALLING UPON THE HOUSE BEGIN IMPEACHMENT HEARINGS IMMEDIATELY. >> ON THE IMPEACHMENT DOGS. WOULD YOU VOTE YESTERDAY.

>> I WOULD VOTE YES. >> I WOULD VOTE. I WOULD VOTE TO IMPEACH BECAUSE WE'RE GOING TO GO IN THERE HE >> BUT THE FACT IS I INTRODUCED ARTICLES OF IMPEACHMENT IN JULY OF 2017. WE DON'T IMPEACH THIS PRESIDENT. HE WILL GET REELECTED REQUIRES ME TO BE FOR IMPEACHMENT HAVING A PEACH WITH THESE THIS FALLOUT EYE ON HIS CHEST FOR REPRESENTATIVE SHOULD BEGIN IMPEACHMENT PROCEEDINGS AGAINST THIS PRESIDENT TIME FOR CHARGES AGAINST HIM. BRING IMPEACHMENT CHARGES.

MY PERSONAL VIEW IS HE RICHLY DESERVES IMPEACHMENT. >> WELL, WE CAN IMPEACH HIM EVERY DAY OF THE WEEK. FOR ANYTHING HE DOESN'T. >> THAT SAME HATRED AND ANGER HAS LED HOUSE MANAGERS TO IGNORE THEIR OWN WORDS AND ACTIONS AND SET A DANGEROUS DOUBLE STANDARD. THE HOUSE MANAGERS SPOKE ABOUT RHETORIC ABOUT A CONSTANT DRUMBEAT OF HEATED LANGUAGE. WELL, AS I'M SURE EVERYONE IT'S WATCHING EXPECTED.

WE NEED TO SHOW YOU SOME OF THEIR OWN WORDS. >> I I JUST DON'T KNOW WHAT. >> UPRISINGS THE COUNTRY. MAYBE THAT WILL BE THERE NEEDS TO BE ON THE REST OF STREETS FOR AS ALWAYS, THERE'S UNREST IN OUR WE GOT THE RED JUST THROW A PUNCH. WE HAVE TO BE THROW A PUNCH. DONALD TRUMP. I THINK YOU NEED TO GO BACK AND PUNCHED HIM IN THE FACE THAT I THOUGHT HE SHOULD HAVE PUNCHED HIM IN THE FACE OF FEEL LIKE PUNCHING HIM. WE'VE GOT LIKE TO TAKE HIM BEHIND THE GYM, A FIRE AND ICE AND HIGH SCHOOL TAKE HIM BEHIND THE GYM AND BEAT THE HELP KNOW I VERY HIGH SCHOOL. I COULD TAKE BEHIND THE GYM I WILL GO AND TAKE TRUMP OUT >> WHEN WAS THE LAST TIME NOT IN PRESIDENT THERE STILL GOING TO HAVE TO GO AND PUT A BULLET IN DONALD TRUMP. SHOW ME WHERE IT SAYS THE PROTESTS ARE SUPPOSED TO BE POLITE AND PEACEFUL.

♪ >> AN AWFUL ABOUT BLOWING UP THE WHITE HOUSE. >> I GET UP IN THE FACE OF SOME CONGRESS. PEOPLE 400 PEOPLE DO WHAT THEY I WANT TO TELL START I WANT TO TELL YOU, KAVANAUGH, YOU THE WORLD WAY. OF DRIVE. AND THIS IS JUST A WARNING TRUMPERS BE CAREFUL. WAS LIKE. AND FOR THOSE OF YOU OR SOLDIERS. >> MAKE THEM ANY. IF YOU HAD TO BE STUCK IN AN ELEVATOR WITH EITHER PRESIDENT TRUMP, MIKE PENCE AND JEFF SESSIONS JUST ONE OF US HAVE TO COME OUT ALIVE. >> AND THERE'S MORE. I PROMISE TO FIGHT. EVERY SINGLE DAY. ONE. I'M A FIGHTER AND I'M RELENTLESS, BUT I'M A FIGHTER AND I'M RELENTLESS A FIGHTER AND I'M RELENTLESS. I WILL FIGHT LIKE HOW THE WAY I SEE IT NOW IS THAT WE PICK OURSELVES UP AND WE FIGHT BACK. THAT'S WHAT I THINK. IT'S ALL ABOUT. WE STAND UP AND WE FIGHT BACK.

>> WE DO NOT BACK DOWN. WE DO NOT COMPROMISE. NOT TODAY. NOT TOMORROW, NOT EVER. YOU CAN BE WHY DALE Q CAN YOU CAN WIN FOR YOU PULL UP IN A FALL YOU CAN DECIDE TO MOVE TO CANADA OR YOU CAN STAND HER GROUND AND FIGHT BACK. AND THAT'S WHAT IT'S ABOUT. WE DO FIGHT BACK. BUT WE ARE CAN FIGHT BACK WE ARE NOT TURNING THIS COUNTRY OVER. TO WHAT DONALD TRUMP HAS SOLD. WE'RE JUST NOT FLOAT PEOPLE ARE SETTING THE RIGHT TO BE UPSET. NOW WE CAN REMEMBER. WAIT, I'M >> OR WE CAN FIGHT BECAUSE WE WILL NOT FORGET. WE DO NOT WANT TO FORGET. WE WILL USE THAT VISION TO MAKE SURE THAT WE FIGHT HARDER. WE FIGHT AND WAY FIGHT MORE PASSIONATELY FOR EVER. STILL HAVE A FIGHT ON OUR HANDS FIGHT HARD FOR THE CHANGES. AMERICANS ARE DEMANDING GET IN THE FIGHT TO WINNING THE FIGHT FIGHT FIGHT FIGHTING USE EVERY TOOL POSSIBLE TO FIGHT TO THIS CHANGE WILL FIGHT. WE'LL FIGHT TO FIGHT FIGHTING HARD SERIOUS ABOUT FIGHTING AND QUITE WE GOT TO GET >> PROBLEMS WAY, CALL ABOUT AND WAYS FIGHT BACK.

I AM FIGHTING. >> I AM FIGHTING CAN'T THIS FIGHT. >> AND THIS GUY. >> AND THIS FIGHT AND FIGHTING. WE ALL NEED TO BE IN THE FIGHT. WE'LL NEED TO STAY IN THE FIGHT. WE STAY IN THIS FIGHT WE FOUGHT BACK. WE FOUGHT BACK I AM NOT AFRAID OF A FIGHT. GET WHAT YOU DON'T FIGHT FOR OUR FIGHT. OUR FIGHT. ARE IN THIS FIGHT FOR OUR LIVES. THIS IS THE FIGHT OF OUR LIVES. >> BUT WE ARE GOING TO MAKE SURE THAT THIS FIGHT IS NOT IN TONIGHT. >> THIS IS A FIGHT. FOR OUR LIVES. THE LIVES OF OUR FRIENDS AND FAMILY AND MAY HAVE MEMBERS AND NEIGHBORS. IT IS A FIGHT FIGHT AND IT IS A FIGHT THAT WE'RE GOING TO WANT TO MAKE SURE CONTINUES IT'S A FIGHT. IT IS A FIGHT. >> IT IS A FIGHT AND THAT'S WHAT THIS FIGHT IS FOR.

>> WELL, I'M WIRED TO FIGHT ANYONE WAS DOING THEIR JOB FOR US. I'M JON TESTER. AND YOU RIGHT. I APPROVE THIS MESSAGE. >> AND I HAVE LOTS OF FIGHTS AHEAD OF US AND I'M READY TO STAND UP AND KEEP FIGHTING THE FIGHT. WE'RE GOING TO FIGHT FOR GOING TO FIGHT. NEED TO FIGHT, FIGHT FIGHT AND WE NEED TO FIGHT. WE'RE GOING TO FIGHT. WE'VE GOT A FEW MORE FIGHTS GOING TAKE THE PRIVILEGE OF A FEW MORE FIGHTS AND WE HAVE THE BIGGEST SPITE OF ALL.

I WILL NEVER STOP FIGHTING. I WILL FIGHT LIKE HOW TO FIGHT BACK AGAINST ANYONE. >> WE NEED TO SAY LOUD AND CLEAR THAT WE ARE READY TO FIGHT SO TO BARE KNUCKLES FIGHT NOW THEY'RE GOING TO HAVE TO ACTUALLY FIGHT BACK AGAINST PEOPLE IN THE FIGHT HAS TO BE CONDUCTED AND SO IMPORTANT THAT WE NEED TO FIGHT FIGHT. WE HAVE BEEN FIGHTING. I WAS FIGHTING VERY HARD. TIME IS OF THE ESSENCE BOTH IN TERMS OF THE FIGHT. I THINK WE SHOULD BE FIGHTING REALLY BELIEVE WE NEED TO FIGHT. WE'RE SIMPLY NOT GOING TO TAKE THIS LYING DOWN. WE'RE GOING TO KEEP FIGHTING SO LEARN TELLING ALL MY THIS IS THE FIGHT OF YOUR LIFE WHO'S SIDE ARE YOU ON THE COURT. FIGHTING THEIR FIGHTING FROM FIGHTING BOTH FIGHTING. WE WILL FIGHT BACK. WE'RE NOT GOING TO JUST TAKE THE SIGN DOWN.

I'M JUST GOING TO KEEP THE FIGHT UP. WHAT WE HAVE TO DO RIGHT NOW IS FIGHT AS HARD AS WE CAN. WE HAVE THAT WIND DOWN. >> AND AND FIGHT BACK. AND SO WE'RE GOING TO FIGHT AND WE'RE GOING TO CONTINUE TO I'M GOING TO BE FIGHTING. I MIGHT HELP KEEP FIGHTING FIGHTING FIGHTING AND WE KEPT FIGHTING AND WE DID SO WE'RE GOING TO KEEP FIGHTING. WE HAVE TO BE FIGHTING EVERY EVERY SINGLE DAY WE HAVE TO FIGHT BACK AND WE HAVE NO CHOICE BUT TO DO THAT. I THINK WE'RE DOING THE RIGHT THING TO DO. FIGHTING. AND I'M FIGHTING. WOW. A JOB RIGHT NOW IS TO FIGHT THESE REALLY IMPORTANT. I'M GOING TO KEEP FIGHTING THEM ASKING FOR THE SUPPORT OF PEOPLE ACROSS THE COUNTRY TO FIGHT BACK. AND YOU GOT TO BE IN A FIGHT IN THE BITING ROUND OF INFIGHTING.

I'VE TOLD PRESIDENT BIDEN I WILL FIGHT LIKE MAD NOW MORE THAN EVER. WE HAVE TO HOW WE HAVE THESE BATTLES ON THE FLOOR OF THE SENATE. I'M GOING TO GO DOWN AND BATTLE AND I'M GOING TO BE DOWN THERE ON THE FLOOR BUT WE DEMOCRATS ARE FIGHTING AS HARD AS WE CAN. DEMOCRATS ARE FIGHTING AS HARD AS WE CAN CREDIT IN ANY WAY. BUT WE'RE FIGHTING THAT. WHAT WE'VE GOT TO DO IS FIGHT IN CONGRESS. FIGHT IN THE COURTS, FIGHT IN THE STREETS FIGHT ONLINE FIGHT AT THE BALLOT BOX FIGHTING AND PUSHING AROUND THE CLOCK FIGHTING CONTINUED TO BE BRIEF. >> AND BE STRONG AND KEEP FIGHTING. WE'RE GETTING PEOPLE ENGAGED IN THE FIGHT. WE'RE FIGHTING. WE'VE GOT TO KEEP FIGHTING AND KEEP FOCUSED. CONTINUE TO FIGHT FIGHT. THIS IS GOING TO BE A FIGHT WILL ALSO FIGHT HIM AND CHALLENGE HIM IN EVERY WAY.

THAT WE CAN IN THE CONGRESS, IN THE COURTS AND IN THE STREETS TO CONTINUE FIGHTING. WE EACH HAVE AN IMPORTANT ROLE TO PLAY. >> AND FIGHTING IN THIS FIGHT. LIKE SO MANY BEFORE IT. IT HAS BEEN A FIGHT THE AMERICAN PEOPLE ARE GOING TO HAVE TO FIGHT AND ABOUT THE IMPORTANCE OF FIGHTING. I WILL ALWAYS FIGHT. BUT WE ALWAYS MUST FIGHT JOE BIDEN. >> HAS A DEED DEEP-SEATED COMMITMENT. >> TO FIGHT AND TO FIGHT AND ABOUT THE IMPORTANCE OF FIGHTING. WE ALWAYS MUST FIGHT THE FIGHT TO FIGHT AND TO FIGHT AS OUR WILLINGNESS TO FIGHT CONTINUE THE FIGHT. AS JOE BIDEN SAYS TO FIGHT. IT'S ABOUT FIGHTING WHAT WE'RE FIGHTING FOR. WE WILL TELL THEM ABOUT WHAT WE DID TO FIGHT ALL. >> ACTUALLY, I DO BELIEVE THAT WE'RE IN A FIGHT. I BELIEVE THAT WE ARE IN A FIGHT. I BELIEVE WE ARE IN A >> AND TO FIGHT FOR ALL OF THESE THINGS.

AND SO WE'RE PREPARED TO FIGHT THAT WE KNOW HOW TO FIGHT OUR ONGOING FIGHT A KNOW HOW TO FIGHT. WE LOVE A GOOD FIGHT. WE OUT OF A FIGHT THIS IS WHAT IS OUR FIGHT RIGHT NOW. THERE'S THE RIGHT. THERE'S THE PIPE, THERE'S THE FIGHT AND THEN THERE'S THE FIGHT TO BAD BACK IN THE FIGHT AND MISSION IS TO FIGHT. >> THAT IS THE GUIDING PURPOSE OF HOUSE DEMOCRATS FIGHTING SHE HAS NEVER FORGOTTEN WHOM HE IS FIGHTING FOR MARCHING FOR. AND WE JUST HAVE TO FIGHT. AND THIS IS A FIGHT FOR OUR COUNTRY FIGHTING THE HEALTH CRISIS OF COVID I LED THE FIGHT AND CONTINUE TO FIGHT NEVER, NEVER, NEVER. >> GIVE UP THIS FIGHT. A CITIZEN. FIGHTING FOR ME IS NOT ONLY FIGHTING LEADER FOR CHANGE IS A FOR FOR PEOPLE'S HOME LIFE AS WELL AS OTHER FIGHTS. HE'S AND I'M PROUD TO HAVE HIM IN THIS FIGHT WITH MOVEON ABOVE LAST TIME FOR AMERICA TO GET BACK UP. >> ONCE AGAIN WE WILL FIGHTS. >> WHEN WE MUST FIGHT. WHAT KIND OF AMERICA ARE WE FIGHTING FOR WE'VE BEEN FIGHTING.

SO WE NEED TO. BUT BUT WE ALSO NEED TO BUT FOR AN AMERICA, I'M GOING TO WAKE UP. >> EVERY DAY AND FIGHT HARD. I HAVE BEEN FIGHTING. WE'RE GOING TO FIGHT. WE ARE GOING TO PHI AND I WILL FIGHT. WE'RE IN THE FIGHT OF OUR LIVES RIGHT NOW. WE FIGHT LIKE HELLO TO FIGHT TO FIGHT FIGHT AGAINST THE TRUMP ADMINISTRATION. DEMOCRATS ARE STANDING UP TO FIGHT WE'RE IN THIS FIGHT IN A SERIOUS WAY SURE.

FIRE IN EAGER TO TAKE ON THIS FIGHT. GET IN THIS FIGHT AND WILL FIGHT IT OUT. I HAD TAKEN ON THE FIGHT AS REPRESENTATIVES FOR THE PEOPLE AS LEGISLATORS HERE IN THE HALLS OF CONGRESS. >> OUR JOBS TO FIGHT WAS LED US IN THIS FIGHT TO FIGHT FOR THIS. THIS FIGHT EVERY DAY. I'M IN THE UNITED STATES SENATE. I WILL FIGHT. >> IN. ONE OF THE THINGS WE DO IS FIGHT SHOULD FIGHT. AND BECAUSE MY CONSTITUENTS SEND ME HERE EACH AND EVERY DAY. >> TO FIGHT THEY HAVE BEEN FIGHTING THIS FIGHT AND WE NEED TO BE SIDE BY SIDE SO WE CAN SUCCEED. AND SO I HOPE THAT YOU ALL JOIN US IN OUR FIGHT. AND IF WE FIGHTS. AND AS THE NEXT GOVERNOR GEORGE, I WILL NEVER STOP FIGHTING. WE CAN SHOW THE OLD GUARD SOMETHING NEW AND WE CAN FIGHT MY FIGHT. THOSE FIGHTS TO FIGHTS TO FIGHT REQUIRING US TO FIGHT AND FIGHT. WE WILL THEIR FIGHT. >> IN THEIR FIGHT, THEIR FIGHT. THE FIGHT IS A FIGHT. AND SO WHEN WE FIGHT THE FIGHT THAT WE ARE IN WHEN WE ARE FIGHTING THIS FIGHT, WE FIGHT THIS FIGHT THIS STRENGTH.

THE WHOLE WE ARE IS WE WILL FIGHT AND WE WILL FIGHT. WE WILL FIGHT THE FIGHT. WE WILL FIGHT. WE ARE IN A FIGHT. THE FIGHT FIGHT, FIGHT, FIGHT. IT IS A FIGHT IS A FIGHT AND IT IS A FIGHT BORN OUT OF PATRIOTISM. THIS IS A FIGHT FIGHTING I SAY FIGHT ON FIGHT, ON, FIGHT, ON FIGHT, ON. >> I'M HERE TO SAY ONE MORE TIME IN PUBLIC LIKE THIS IS NOT A FIGHT I WANTED TO TAKE ON THAT. THIS IS THE FIGHT IN FRONT OF US. NOW. >> EVERY SINGLE ONE OF YOU. AND EVERY ONE OF YOU. THAT'S OKAY. YOU DIDN'T DO ANYTHING WRONG.

IT'S A WORD PEOPLE USE. BUT PLEASE STOP THE HYPOCRISY. AND DID YOU TONE DOWN THE RHETORIC LAST SUMMER WHEN ALL OF THIS WAS HAPPENING. DID YOU CONDEMNED THE RIOTERS OR DID YOU STAND WITH NANCY PELOSI HAS SAID. >> PEOPLE ARE GOING TO DO WHAT THEY'RE GOING TO DO. >> A MOVEMENT TELLING. EVERYONE BE AWARE BECAUSE THEY'RE NOT GOING TO STOP STOPPED ELECTION DAY NOVEMBER AND THEY'RE NOT GOING TO STOP AT. ♪ AND PLACE. >> SHOW ME WHERE IT SAYS THE PROTESTS ARE SUPPOSED TO BE POLITE AND PEACEFUL. >> UPRISINGS ALL OF THE COUNTRY. ♪ IT WAS A FRIEND MINE. LOUIS A SHOT AND KILLED A IN COLD BLOOD. >> HIS STORY PROPERTY WHICH CAN BE REPLACED IS NOT. >> DEPARTMENT COMPLEX ON FIRE. AND IT JUST COLLAPSED A BUILDING JUST THOUGH, WHERE THEY GO HE'S IT, BUT NO RAIN.

THIS IS JUST A SNAPSHOT OF SOME OF THE DAMAGE THAT PEOPLE WILL BE WAKING UP GOING UP. BUT POLICE I'M PROUD YORK. THE PROTESTS. ♪ IS DAMAGED. >> EVERYWHERE YOU LOOK HONESTLY, LOOKS LIKE A WAR HEART WARMING TO SEE SO MANY PEOPLE. ♪ ♪ >> SHE'S A NATION OF PROTESTS. THE PATRIOTS WERE PROTESTERS. SAINT JOHN'S CHURCHES ON THAT'S. ♪ ♪ ♪ ♪ AND THEY SHOULD NOT. >> YOU CLAIM THAT IT'S WRONG TO OBJECT TO THE CERTIFICATION OF ELECTION RESULTS. YOU ALONG WITH YOUR ALLIES IN THE MEDIA TEMPTED TO CANCEL INCENSE OR MEMBERS OF THIS CHAMBER VOICED CONCERNS AND OBJECTED TO CERTIFICATION. SKIN. YOU'VE BEEN CONGRESS ONLY 3 DAYS WHEN YOU INJECT IT IN 2000, 17. IT'S ONE OF THE FIRST THINGS YOU DID WHEN YOU GOT HERE. >> JEFF BECAUSE 10 OF THE 29 ELECTORAL VOTES CAST BY FLORIDA WERE CAST BY ELECTORS, NOT LAWFULLY CERTIFIED.

>> IS THE OBJECTION IN WRITING AND SIGNED NOT ONLY BY THE MEMBER OF THE HOUSE REPRESENTATIVE, BUT ALSO BY SAYING IT IS IN WRITING THAT THE PRESIDENT IS SIGNED BY SEN NOT AS OF IN THAT CASE, THE OBJECTION CANNOT ENTERTAINED. MISTER PRESIDENT. I OBJECT TO THE CERTIFICATE FROM THE STATE OF GEORGIA ON THE GROUNDS THAT THE ELECTORAL NO DEBATE.

AND I OBJECT TO SIGNIFICANT FROM THE STATE OF NORTH CAROLINA BASED ON DAY BY THE JOINT SESSION. >> BECAUSE PEOPLE 5. STATES CODE PROHIBITS I GET THAT CHECKED IT TO THE COUNTING OF THE ELECTORAL VOTES OF THE STATE OF OHIO. I OBJECT TO THE CERTIFICATE FROM THE STATE OF ALABAMA ELECTORS WERE NOT LAWFULLY CERTIFIED BY THE 15 VOTES IN THE STATE OF NORTH CAROLINA BECAUSE OF THE MASSIVE VOTER SUPPRESSION IN THE CLOSING OF VOTING POLLING BULLS. KNOW, THE GREAT VOTERS, NO DEBATE 16. THERE'S NO DEBATE AND THE MASSIVE AMOUNTS OF >> I HAVE AN OBJECTION TO THE ELECTORAL VOTES. THE OBJECTION IS IN WRITING AND I DON'T CARE THAT IT IS NOT IT IS NOT SIGNED BY MEMBER OF THE SENATE. >> I DO NOT WISH TO DEBATE. I WISH TO ASK, IS THERE ONE UNITED STATES JOIN ME IN THIS >> SECTION IS IS SIGNED BY A MEMBER OF THE HOUSE BUT NOT YET BY A MEMBER OF THE SENATE.

IT IS >> AND WHEN THE HOUSE MANAGERS REALIZE THAT THE PRESIDENT'S ACTUAL WORDS COULD NOT EVEN CITED THE RIOT, AS YOU ALLEGE IN YOUR ARTICLE OF IMPEACHMENT. YOU ATTEMPTED TO PIVOT. YOU SAID THAT RAISING THE ISSUE OF ELECTION SECURITY AND CASTING DOUBT ON THE PROPRIETY OF OUR ELECTIONS WAS DANGEROUS. ONE OF THE HOUSE MANAGERS. THIS IS JUST TOLD YOU THAT THIS IS NOT ABOUT THE WORDS MISTER TRUMP USED IN ISOLATION RATHER, IT IS ABOUT THE BIG LIE.

THE CLAIM THAT THE ELECTION WAS STOLEN. THE HOUSE MANAGERS TOLD YOU THAT IT'S THE BIG LIE THAT INCITED A RIOT AND THAT THE BIG LIE WAS PRESIDENT TRUMP'S CLAIM THAT THE ELECTION WAS NOT A FAIR ELECTION OR THAT THE ELECTION WAS STOLEN. CLAIMING ELECTION WAS STOLEN. YOU WERE TOLD ARE WORDS THAT ARE INSIGHTFUL TO A CANDIDATE'S FOLLOWERS AND CAUSE PEOPLE TO RESPOND VIOLENTLY. CLAIMING ELECTION WAS STOLEN.

WE'RE NOT LEGITIMATE. IT'S SOMETHING THAT A CANDIDATE SHOULD NEVER DO BECAUSE HE OR SHE KNOWS OR SHOULD KNOW THAT'S SUCH A CLAIM AND SUCH WORDS CAN ACTUALLY INCITE VIOLENT INSURRECTION. YOU ARE TOLD. WELL, IT SEEMS THAT THE HOUSE MANAGERS POSITION MUST BE ACTUALLY A BIT NARROWER THAN THAT. THE HOUSE MANAGERS POSITION REALLY IS THAT WHEN REPUBLICAN CANDIDATES FOR OFFICE. CLAIMING ELECTION IS STOLEN OR THAT THE WINNER IS ILLEGITIMATE. IT CONSTITUTES INCITING INSURRECTION AND THE CANDIDATE SHOULD KNOW IT. BUT DEMOCRATIC PARTY CANDIDATES FOR PUBLIC ELECTIVE OFFICE ARE PERFECTLY ENTITLED TO CLAIM THE ELECTION WAS STOLEN WITH IT.

THE WINNER IS ILLEGITIMATE OR TO MAKE ANY OTHER OUTRAGEOUS CLAIM THEY CAN. IT IS THEIR ABSOLUTE RIGHT TO DO SO. AND IT IS THEIR ABSOLUTE RIGHT TO DO SO. IRRESPECTIVE OF WHETHER THERE'S ANY EVIDENCE TO SUPPORT THE CLAIM. DEMOCRATIC CANDIDATES CAN CLAIM THE ELECTION WAS STOLEN BECAUSE OF RUSSIAN COLLUSION WITHOUT ANY EXPLANATION AT ALL. AND THAT IS PERFECTLY OK AND IS IN NO WAY INCITEMENT TO INSURRECTION. AND SOMEHOW WHEN DEMOCRATIC CANDIDATES PUBLICLY DECRY AN ELECTION HAS STOLEN OR ILLEGITIMATE. IT'S NEVER A BIG LIE. YOU'VE BEEN DOING IT FOR YEARS. BUT CAN YOU IMAGINE? TELLING YOUR SUPPORTERS. THAT THE ONLY WAY YOU COULD POSSIBLY LOSE. IS IT AN AMERICAN ELECTION WAS RIGGED AND STOLEN FROM YOU. AND ASK YOURSELF. WHETHER YOU'VE EVER SEEN ANYONE. AT ANY LEVEL OF GOVERNMENT. MAKE THE SAME CLAIM ABOUT THEIR OWN ELECTION. IF STACEY ABRAMS DOESN'T WIN IN GEORGIA. THEY STOLE IT'S CLEAR.

IT'S CLEAR I WOULD SAY SAY THAT PUBLICLY IT'S CLEAR YOU CAN RUN THE BEST CAMPAIGN. >> YOU CAN EVEN BECOME THE NOMINEE. AND YOU CAN HAVE THE ELECTION STOLEN FROM YOU. HE KNOWS HE'S AN ILLEGITIMATE PRESIDENT HE KNOWS HE KNOWS THAT THERE WERE A BUNCH OF DIFFERENT REASONS WHY THE ELECTION TURNED OUT THE WAY IT DID VOTES REMAIN TO BE COUNTED. >> THERE ARE VOICES THAT WERE WAITING TO BE HEARD. >> AND I WILL NOT CONCEDE BACK AND I RESPECT WE'RE COMING FROM RESPECTED THE ISSUES THAT YOU'RE RAISING. YOU'RE NOT ANSWERING THE QUESTION. DO YOU THINK WANT TO TALK TO YOU. YOU'RE NOT USING THE WORD LEGITIMATE. >> THERE ARE STILL LEGITIMATE CONCERNS OVER THE INTEGRITY OF OUR ELECTIONS AND OF ENSURING THE PRINCIPLE OF ONE PERSON, ONE VOTE. I AGREE WITH 10'S OF MILLIONS OF AMERICANS WHILE VERY WORRIED. >> THAT WHEN THEY CAST THE BALLOT ON AN ELECTRONIC VOTING MACHINE THAT THERE IS NO PAPER TRAIL TO RECORD THAT VOTE. BUT CONSTANTLY SHIFTING VOTE TALLIES IN OHIO.

AND NOW FUNCTIONING AT ELECTRONIC MACHINES WHICH MAY NOT HAVE PAPER. RECEIPT HAVE LED TO ADDITIONAL LOSS OF CONFIDENCE BY THE PUBLIC. THIS IS THEIR ONLY OPPORTUNITY TO HAVE THIS DEBATE WHILE THE COUNTRY IS LISTENING AND IT IS APPROPRIATE TO DO SO. HOUSE MANAGER CASTRO NO LONGER HAS TO TRY TO IMAGINE IT. THANKS TO THE DISTINGUISHED SENATOR AND OTHERS. IT DIDN'T HAVE TO BE THIS WAY. THE DEMOCRATS PROMISED UNITY. >> HE PROMISED TO DELIVER THE VERY COVID RELIEF IN THE FORM OF $2000. STIMULUS CHECKS. THE PRESIDENT TRUMP CALLED FOR. THEY SHOULD HAVE LISTENED TO THEIR OWN WORDS OF THE PAST. I LEAVE YOU WITH THE WISE WORDS OF CONGRESSMAN JERRY >> EFFECTIVE IMPEACHMENT IS TO OVERTURN THE POPULAR WILL OF THE VOTERS. WE MUST NOT OVERTURN AN ELECTION AND REMOVE A PRESIDENT FROM OFFICE EXCEPT TO DEFEND A SYSTEM OF GOVERNMENT. OUR CONSTITUTIONAL LIBERTIES AGAINST THE DIRE THREAT AND WE MUST NOT DO SO WITHOUT AN OVERWHELMING CONSENSUS OF THE AMERICAN PEOPLE.

THEY MUST NEVER BE NARROWLY VOTED IMPEACHMENT WHEN IMPEACHMENT SUPPORTED BY ONE OF A MAJOR POLITICAL PARTIES AND OPPOSED BY THE OTHER SUCH AN IMPEACHMENT WILL PRODUCE DIVISIVENESS AND BITTERNESS IN OUR POLITICS FOR YEARS TO COME. AND WE'LL CALL INTO QUESTION THE VERY LEGITIMACY ABOUT POLITICAL INSTITUTIONS. THE AMERICAN PEOPLE HAVE HEARD THE ALLEGATIONS AGAINST THE PRESIDENT AND THEY OVERWHELMINGLY OPPOSE IMPEACHING HIM. THEY ELECTED PRESIDENT CLINTON. THEY STILL SUPPORT HIM. WE HAVE NO RIGHT TO OVERTURN THE CONSIDERED JUDGMENT OF THE AMERICAN PEOPLE. MISTER SPEAKER THE CASE AGAINST THE PRESIDENT HAS NOT BEEN A. THERE IS FAR FROM SUFFICIENT EVIDENCE TO SUPPORT THE ALLEGATIONS AND THE ALLEGATIONS. EVEN IF PROVEN TRUE DO NOT RISE TO THE LEVEL OF IMPEACHABLE OFFENSES. MISTER SPEAKER. THIS IS CLEARLY A PARTISAN RAILROAD JOB.

THE SAME PEOPLE WHO'D TODAY TELL US WE MUCH TO IMPEACH THE PRESIDENT FOR LYING UNDER OATH OPPRESSION VOTED LAST YEAR TO RE ELECT. THE SPEAKER WOULD JUST ADMIT LYING TO CONGRESS IN AN OFFICIAL PROCEEDING. THE AMERICAN PEOPLE ARE WATCHING AND THEY WILL NOT FORGET YOU MAY HAVE THE VOTES. YOU MAY HAVE THE MUSCLE, BUT YOU DO NOT HAVE THE LEGITIMACY OF A NATIONAL CONSENSUS OR ARE THEY CONSTITUTIONAL IMPERATIVE. THIS PARTISAN COUP D'ETAT. WE'LL GO DOWN IN INFAMY IN THE HISTORY OF THIS NATION. THANK YOU, MISTER SPEAKER. I YIELD BACK THE BALANCE OF MY TIME. >> GOOD AFTERNOON AGAIN. SENATORS. PRESIDENT. THERE ARE 2 FUNDAMENTAL QUESTIONS FOR PURPOSES OF TS FREE SPEECH ANALYSIS. DOES THE FIRST AMENDMENT TO THE CONSTITUTION. APPLY IN THIS CHAMBER TO THESE IMPEACHMENT PROCEEDINGS.

SECOND, IF IT DOES TO THE WORDS SPOKEN BY MISTER TRUMP AT THE ELLIPSE ON JANUARY 6 MEET THE DEFINITION OF CONSTITUTIONAL INCITEMENT. SO AS TO AVOID THE PROTECTIONS AFFORDED BY THE FIRST AMENDMENT. I WILL EXPLAIN WHY THE ANSWERS TO BOTH OF THESE QUESTIONS MUST BE A RESOUNDING. YES. THE CONSTITUTION IN THE FIRST AMENDMENT MUST CERTAINLY APPLIED TO THESE IMPEACHMENT PROCEEDINGS AND MISTER TRUMP'S SPEECH DESERVES FULL PROTECTION UNDER THE FIRST AMENDMENT.

BUT BEFORE GETTING INTO THE LEGAL ANALYSIS. SOME PRELIMINARY OBSERVATIONS ABOUT THE HOUSE MANAGERS CASE. SHOULD BE MADE. FIRST. THIS CASE. UNFORTUNATELY IS ABOUT POLITICAL HATRED. IT HAS BECOME VERY CLEAR THAT THE HOUSE DEMOCRATS. DONALD TRUMP. THIS TYPE OF POLITICAL HATRED HAS NO PLACE IN OUR POLITICAL INSTITUTIONS AND CERTAINLY NO PLACE IN THE LAW. THIS HATRED HAS LED THE HOUSE MANAGERS TO MANIPULATE AND SELECTIVELY AT IT. MISTER TRUMP'S SPEECH TO MAKE IT FALSELY APPEAR THAT HE SOUGHT TO INCITE THE CROWD TO VIOLENTLY ATTACKED THE CAPITOL. HE DIDN'T. AND WE WILL SHOW YOU WHY. THE HATRED IS ALSO LED THE HOUSE MANAGERS TO MAKE SOME ASTOUNDING LEGAL ARGUMENTS.

THEY ASTOUNDINGLY URGE YOU TO STICK TO DISREGARD YOUR OATH BY IGNORING THE FIRST AMENDMENT OF THE CONSTITUTION. THEY ALSO IGNORE LANDMARK BINDING UNITED STATES SUPREME COURT CASES PRECEDENT WOOD AND BOND. BOTH OF WHICH ON HOLD THAT ELECTED OFFICIALS HAVE CORE FIRST AMENDMENT RIGHTS TO ENGAGE IN THE EXACT TYPE OF POLITICAL SPEECH WAS MISTER TRUMP ENGAGED I WAS SHOCKED. THE HOUSE MANAGERS NOT ONLY SPENT A MERE 3 PAGES ON THE FIRST AMENDMENT ANALYSIS. IN THEIR TRIAL MEMO. BUT YESTERDAY THEY SPEND OF MERE 10 MINUTES AT THE END OF THEIR CASE AS A THROWAWAY. WHAT WE HAVE READ AND WHAT WE HAVE HEARD IS DEVOID OF ANY CONSTITUTIONAL ANALYSIS. FOR LESS THAN WHAT I WOULD EXPECT. FROM A FIRST YEAR LAW STUDENT. THEY LEFT OUT LANDMARK CASES TOTAL INTELLECTUAL DISHONESTY. AND FINALLY. HATRED IS AT THE HEART OF THE HOUSE MANAGERS FRIVOLOUS ATTEMPT TO BLAME DONALD TRUMP FOR THE CRIMINAL ACTS OF THE RIOTERS BASED ON DOUBLE HERE.

HEARSAY STATEMENTS OF FRINGE RIGHT-WING GROUPS BASED ON NO REAL EVIDENCE OTHER THAN RANK SPECULATION. HATRED IS A DANGEROUS THING. WE ALL HAVE TO WORK TO OVERCOME IT. HATRED SHOULD HAVE NO PLACE IN THIS CHAMBER IN THESE PROCEEDINGS. THE SECOND OBSERVATION. THE SENATE IS PRESENTED WITH AN EXTRAORDINARY TASK SITTING IN JUDGMENT OF A FORMER PRESIDENT'S WORDS IN A SPEECH THAT HE GAVE IT A POLITICAL EVENT. THE HOUSE MANAGERS ACCUSED MISTER TRUMP OF USING HIS WORDS TO INSIGHT. THE HORRIFIC EVENTS AT THE CAPITOL ON JANUARY 6. BUT YESTERDAY TAKE A VIEW OF NEW AND NOVEL STANDARD OF INCITEMENT WITH AN ELEMENT OF FORESEE ABILITY OF NEGLIGENCE, CONCEPT. THEY SAY 0 CASE LAW. THEY MADE IT UP. THIS TASK OF APPLYING A COMPLETELY MADE UP THE LEGAL STANDARD OF INCITEMENT TO AN IMPEACHMENT PROCEEDING IS TRULY AN UNPRECEDENTED TASK FOR THE SENATE AND THAT IS SOMETHING THE SENATE MUST SERIOUSLY CONSIDER WHEN DECIDING THE ISSUE. DO YOU WANT TO CREATE A PRECEDENT. WHERE THE SENATE WILL BE TASKED WITH SITTING IN JUDGMENT AS TO THE MEANING AN IMPLIED INTENT OF A PRESIDENT'S WORDS. OR WORDS OF ANY ELECTED OFFICIAL. WELL, THAT ALLOW AND MAYBE ENCOURAGE A MAJORITY PARTY TO WEAPONIZE THE AWESOME POWER OF IMPEACHMENT AGAINST THE MINORITY TO SUPPRESS A POINT OF VIEW.

WELL, THE SENATE THEN HAVE TO DEAL WITH CONSTANT ARTICLES OF IMPEACHMENT BY A MAJORITY PARTY ACCUSING MINORITY PRESIDENTS OR OTHER ELECTED OFFICIALS OF SO-CALLED INSIGHT FULLER FAULT SPEECHES. YOU CAN SEE WHERE THIS WOULD LEAD. SADLY, WE HAVE ALL SEEN THE POLITICAL RHETORIC GET RATCHED UP OVER THE LAST FEW YEARS WE'VE ALL BEEN WITNESSES TO MANY IN CINDER AND INCENDIARY WORDS BY ARE OFFICIALS AT POLITICAL EVENTS BROADCAST OVER THE MEDIA INTERNET. IN EACH OF THOSE INSTANCES. WILL THERE NOW BE SENATE IMPEACHMENT HEARINGS. ONE LAST OBSERVATION. WE AGREE WITH THE HOUSE MANAGERS CONTEXT. DOES INDEED MATTER. THE INFLAMMATORY RHETORIC FROM OUR ELECTED OFFICIALS MUST BE CONSIDERED AS PART OF THE LARGER CONTEXT OF MISTER TRUMP'S SPEECH AT THE ELLIPSE ON JANUARY 6. THE INFLAMMATORY LANGUAGE FROM BOTH SIDES OF THE AISLE HAS BEEN ALARMING, FRANKLY. BUT THIS POLITICAL DISCOURSE MUST BE CONSIDERED AS PART OF THESE PROCEEDINGS TO CONTENTION ALLIES.

MISTER TRUMP'S WORDS. WE HAVE SOME VIDEO TO PLAY THAT HIGHLIGHTS. SOME OF WHAT I'M TALKING ABOUT. I PREFACE THIS VIDEO BY NOTING I AM NOT SHOWING YOU THIS VIDEO HAS SOME EXCUSE FOR MISTER TRUMP'S SPEECH. THIS IS NOT ABOUT THIS IS NOT WHAT ABOUT I'M SHOWING YOU THIS TO MAKE THE POINT THAT ALL POLITICAL SPEECH MUST BE PROTECTED. >> I I JUST DON'T KNOW >> UPRISINGS ALL OF THE COUNTRY. MAYBE THAT WILL BE THERE NEEDS TO BE ON THE REST OF STREETS FOR AS LONG AS THERE'S UNREST CENTER WE'VE GOT TO BE READ. JUST THROW A PUNCH. WE HAVE TO BE THROW A PUNCH. DONALD TRUMP. I THINK YOU NEED TO GO BACK AND THEN PUNCHED HIM IN THE FACE THAT I THOUGHT HE SHOULD HAVE PUNCHED HIM IN THE FACE OF FEEL LIKE PUNCHING HIM GUYS LIKE TO TAKE BEHIND THE GYM.

A FIRE IN HIGH SCHOOL AND HIGH SCHOOL TAKE YOU BEHIND THE GYM AND BEAT THE KNOW IRISH ARE IN HIGH SCHOOL. I COULD TAKE BEHIND THE GYM I WILL GO AND TAKE TRUMP OUT >> WHEN WAS THE LAST TIME NOT JUST NO TO PRESIDENT THERE STILL GOING TO HAVE TO GO AND PUT A BULLET IN DONALD TRUMP. SHOW ME WHERE IT SAYS THE PROTESTS ARE SUPPOSED TO BE POLITE AND PEACEFUL. ♪ >> AN AWFUL ABOUT BLOWING UP THE WHITE HOUSE. >> GET UP IN THE FACE OF SOME CONGRESS. PEOPLE FOR PEOPLE DO WHAT THEY DO. I WANT TO TELL YOU DIED. I WANT TO TELL YOU, KAVANAUGH, YOU HAVE RELIEVED THE WORLD WAY AND YOU WILL A PRICE. THEY'RE WINNING. >> THIS IS JUST A WARNING TRUMPERS BE CAREFUL. WAS LIKE. AND FOR THOSE OF YOU TO OUR SOLDIERS.

>> MAKE THEM ANY. IF YOU HAD TO BE STUCK IN AN ELEVATOR WITH EITHER PRESIDENT TRUMP, MIKE PENCE AND JEFF SESSIONS JUST ONE OF US HAVE TO COME OUT ALIVE. >> AGAIN. I DID NOT SHOW YOU THEIR ROBUST SPEECH TO EXCUSE HER BALANCE OUT THE SPEECH OF MY CLIENT FOR I NEED NOT. I SHOWED YOU THE VIDEO BECAUSE IN THIS POLITICAL FORUM, ALL ROBUST SPEECH SHOULD BE PROTECTED AND IT SHOULD BE PROTECTED EVEN LEE FOR ALL OF US. AS A BRIEF ASIDE. WE SHOULD ALL REFLECT AND ACKNOWLEDGE THE RHETORIC HAS GOTTEN TO BE TOO MUCH.

AND OVER THE TOP. IT IS GRIEVING ON THE COLLECTIVE WELL-BEING OF THE BODY PUBLIC. THE CITIZENS. MOST WOULD LIKE IT TO STOP. BUT THE POINT IS WHEN YOU SEE SPEECH SUCH AS. THIS. YOU HAVE TO APPLY THE FIRST AMENDMENT EVENLY. BLINDLY. SHE IS BLIND. LADY JUSTICE. QUESTION ONE. DOES THE FIRST AMENDMENT APPLY TO THIS CHAMBER IN THESE PROCEEDINGS. THE HOUSE MANAGERS POSITION AS STATED IN THEIR TRIAL. BRIEF IS AND I QUOTE. THE FIRST AMENDMENT DOES NOT APPLY AT ALL. TO AN IMPEACHMENT PROCEEDING. THAT'S THEIR POSITION. THIS IS PLAINLY WRONG. THE TEXT OF THE FIRST AMENDMENT. EXPRESSLY RESTRICTS CONGRESS FROM REGULATING SPEECH. IT SAYS. CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION OR PROHIBITING THE FREE EXERCISE THEREOF. OR ABRIDGING THE FREEDOM OF SPEECH. OR OF THE PRESS. OR THE RIGHT OF THE PEOPLE. PEACEABLY TO ASSEMBLE. AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES. TO IGNORE THE CONSTITUTION WOULD BE CONTRARY TO THE OATH OF OFFICE OF A UNITED STATES SENATOR.

I DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES FOREIGN AND DOMESTIC. THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME. WELL, YOU ALL KNOW THE REST. NO. THE SENATE CANNOT IGNORE THE FIRST AMENDMENT. THE CONSTITUTION ITSELF LIMITS THAT BUILT THE ABILITY OF THE HOUSE TO IMPEACH TO UNLIMITED ITEMS SUCH AS HIGH CRIMES AND MISDEMEANORS. THE POSITION ADVANCED BY THE HOUSE MANAGERS IS ESSENTIALLY AND UNLIMITED IMPEACHMENT STANDARD WITHOUT CONSTITUTIONAL GUARDRAILS ORD. TO ANY SPECIFIC LEGAL TEST OTHER THAN THE UNBRIDLED DISCRETION OF CONGRESS. THIS IS DISTINCTLY NOT THE INTENT OF THE FRAMERS. THE FRAMERS WERE AWARE OF THE DANGER OF ANY IMPEACHMENT PROCESS THAT WOULD MAKE THE PRESIDENT THE MERE CREATURE OF THE LEGISLATURE. A QUOTE DIRECTLY FROM THE FRAMERS WHILE DEBATING THE IMPEACHMENT PROCESS ON THE FLOOR. OF THE CONSTITUTIONAL CONVENTION OF 1787. THE FRAMERS WERE FEARFUL THAT ANY IMPEACHMENT PROCESS THAT GAVE CONGRESS. FULL DISCRETION ON THE STANDARD FOR IMPEACHMENT WOULD CONSTITUTE NOTHING LESS. THEN A VIOLATION, QUOTE, A VIOLATION OF THE FUNNEL FUNDAMENTAL PRINCIPLE. OF GOOD GOVERNMENT. ONE FOUNDING FATHER JAMES WILSON WROTE EXTENSIVELY ON THE IMPEACHMENT PROCESS.

MISTER WILSON WAS A RENOWNED LEGAL SCHOLAR AT THE TIME. A LAW PROFESSOR AT THE UNIVERSITY OF PENNSYLVANIA IN PHILADELPHIA. HE WAS A MAJOR FORCE IN DRAFTING AND ADOPTING THE CONSTITUTION IN 1787. HE SERVED AS ONE OF THE FIRST SUPREME ONE OF THE FIRST 6 SUPREME COURT JUSTICES 1789 TO 1798. HE WAS APPOINTED BY PRESIDENT GEORGE WASHINGTON. IN FACT, WILSON TAUGHT THE FIRST COURSE ON THE NEW CONSTITUTION. PRESIDENT, WASHINGTON AND HIS CABINET. THE FIRST IN THE NATION'S HISTORY. IN PHILADELPHIA AT THE UNIVERSITY OF PENNSYLVANIA IN 1789. WILSON IN HIS LONG LECTURES. THE FIRST OF THEIR KIND UNDER THE CONSTITUTION. PLAINLY STATES THAT THE SENATE MAY NOT IGNORE THE CONSTITUTION IN THE IMPEACHMENT PROCEEDINGS. HE STATES THAT LAWFUL AND CONSTITUTIONAL CONDUCT MAY NOT BE. USED AS AN IMPEACHABLE OFFENSE.

LET ME SAY THAT AGAIN. HE STATES THAT LAWFUL AND CONSTITUTIONAL CONDUCT MAY NOT. BE USED AS AN IMPEACHABLE OFFENSE. READ ALONG WITH ME. THE DOCTRINE OF IMPEACHMENTS IS OF HIGH IMPORT. IN THE CONSTITUTION IS OF FREE STATES. ON ONE HAND THE MOST POWERFUL MAGISTRATE SHOULD BE AMENABLE TO THE LAW. ON THE OTHER HAND, ELEVATED CHARACTER SHOULD NOT BE SACRIFICED MERELY ON ACCOUNT OF THEIR ELEVATION. NO ONE SHOULD BE SHOULD SURE. WHILE HE VIOLATES THE CONSTITUTION AND THE LAWS. EVERYONE SHOULD BE SECURE WHILE HE OBSERVES THEM. TO BE CLEAR, JAMES WILSON IS SAYING THAT THE CONSTITUTION DOES INDEED APPLY WHEN JUDGING WHETHER TO CONVICT AND OFFICIAL BY IMPEACHMENT. IF THE COMPLAINED OF CONDUCT IS CONSTITUTIONAL. IT CANNOT BE IMPEACHABLE. ARE WE TO IGNORE THE WORDS AND TEACHINGS OF JAMES WILSON. THE HOUSE MANAGERS. SURELY WANT YOU TO. THE HOUSE MANAGERS HAVE MADE SEVERAL REFERENCES TO THIS LETTER. SIGNED BY A 140 PARTISAN LAW PROFESSORS CALLING MISTER TRUMP'S FIRST AMENDMENT DEFENSE LEGALLY FRIVOLOUS.

THIS IS REALLY AN OUTRAGEOUS ATTEMPT TO INTIMIDATE MISTER TRUMP'S LAWYERS. WHENEVER A LAWYER ADVANCES, A TRULY FRIVOLOUS ARGUMENT. THEY MAY VIOLATE PROFESSIONAL AT THE CULL RULES AND COULD BE SUBJECT TO DISCIPLINE. THIS LETTER IS A DIRECT THREAT TO MY LAW LICENSE. MY CAREER AND MY FAMILY'S FINANCIAL WELL-BEING. LAW PROFESSORS SHOULD BE ASHAMED OF THEMSELVES. AND SO SHOULD THE HOUSE MANAGERS. HOW DARE YOU. DO YOU REALLY HATE DONALD TRUMP SO MUCH THAT YOU'RE WILLING TO DESTROYING GOOD, HARD WORKING PEOPLE'S LIVES.

PEOPLE THAT ARE ONLY DOING THEIR JOBS AND FRANKLY. AS COUNSEL FOR NICK USED FOR FILLING A CONSTITUTIONAL ROLE. IT'S ASTOUNDING REALLY. I'M A CITIZEN, NOT A POLITICIAN. I KNOW THESE FIRST AMENDMENT ARGUMENTS ARE NOT ANYWHERE CLOSE TO FRIVOLOUS. THEY'RE COMPLETELY MERITORIOUS. INTERESTINGLY, THE LAW. PROFESSORS LETTER WAS ISSUED ON FEBRUARY 5TH. 3 DAYS BEFORE WE EVEN FILED OUR LEGAL BRIEF IN THIS MATTER. AND THEY IGNORED LANDMARK BAD ROCK SUPREME COURT CASES DIRECTLY ADDRESSING THIS ISSUE. IN OUR BRIEF. WE HAVE A DIRECT QUOTE FROM JAMES WILSON, THE FOUNDING FATHER SUPPORTING OUR POSITION. THE DIRECT QUOTE WAS DOCUMENTED IN THE FOUNDING FATHERS ORIGINAL LEGAL PAPERS ON THE SUBJECT. HE WAS THE PRIMARY DRAFTSMAN OF THE CONSTITUTION TALK. THE NEW CONSTITUTION APPROVED PRESIDENT WASHINGTON. HE SAYS SO LONG AS ACTS OF ELECTED OFFICIALS LIKE MISTER TRUMP ARE CONSTITUTIONALLY PROTECTED. HE SHOULD NOT BE IMPEACHED. WE HAVE LANDMARK U.S. SUPREME COURT DECISIONS, WOOD AND BONDS, WHICH I'LL EXPLAIN IN DETAIL SUPPORTING OUR POSITION.

ALL OF THIS. THE HOUSE MANAGER SAYS AND THE PARTISAN LAW PROFESSORS COMPLETELY AND MISLEADINGLY IGNORE. FRIVOLOUS. THE LETTER IS A BULLY TACTIC IN. I THINK EVIDENCE IS THE HOUSE MANAGERS KNOW. THEY HAVE A PROBLEM WITH THE FIRST AMENDMENT DEFENSE ON THE MERITS. SO THEY'RE RESORTING TO SUCH TACTICS. THE HOUSE MANAGERS SUGGESTION THAT THE FIRST AMENDMENT DOES NOT APPLY TO THIS IMPEACHMENT PERSON PROCESS IS COMPLETELY UNTENABLE.

IGNORING THE FIRST AMENDMENT WOULD CONFLICT WITH THE SENATOR'S OATH OF OFFICE. WE'RE ALSO CONFLICT WITH. WELL SETTLED SUPREME COURT PRECEDENT AND IGNORE THE INTENT OF THE FRAMERS OF THE CONSTITUTION, SUCH AS JAMES WILSON. ABOVE ALL ELSE. IGNORING THE CONSTITUTION. WOULD ADOPT THE NEW RASKIN COMMON SENSE. DOCTOR, WE HEARD YESTERDAY ERODING HUNDREDS OF YEARS OF FIRST AMENDMENT PROTECTIONS. WE ARE HERE UNDER THE CONSTITUTION. IT IS ILLOGICAL WHAT THE HOUSE MANAGERS SAY. THE CONSTITUTION DOES APPLY TO THIS CONSTITUTIONAL IMPEACHMENT PROCESS.

IT'S DOUBLE TALK. NONSENSE. THE LOGICAL. IF THE HOUSE MANAGERS HAD THEIR WAY, THEY WOULD IGNORE ALL OF THE CONSTITUTION. DOES THAT INCLUDE THE 6TH AMENDMENT. THE RIGHT TO COUNSEL. THEY WOULD HAVE MISTER TRUMP SITTING HERE WITHOUT LAWYERS. AND WHOM WOULD BE NEXT. IT COULD BE ANYONE. WHAT ARE YOU? WE'RE ONE OF YOU. YOU MUST REJECT THIS INVITATION TO IGNORE THE FIRST AMENDMENT. IT IS ANTI AMERICAN AND WOULD SET DANGEROUS PRECEDENT FOREVER. THE LAW'S DEVELOPED OVER THE YEARS TO CLEARLY ESTABLISH ELECTED OFFICIALS HAVE THE RIGHT TO ENGAGE IN PROTECTED SPEECH. MISTER TRUMP IS NOT JUST A GUY ON THE STREET OR A GUY AT A BAR OR A FIRE CHIEF OR A POLICE OFFICER. THERE ARE A FEW OF THEM AND THERE ALL ANALOGIES GIVEN BY THE HOUSE MANAGERS. THESE SIDEWAYS ANALOGIES ARE WRONG. MISTER TRUMP WAS ELECTED OFFICIAL AND THERE'S AN ENTIRE BODY OF LAW SUPREME COURT LANDMARK CASE IS SUPPORTING THE CONCLUSION THAT MISTER TRUMP ACTUALLY HAS ENHANCED FREE SPEECH RIGHTS BECAUSE HE IS AN ELECTED OFFICIAL.

THESE CASES ARE IGNORED BY THE HOUSE MANAGERS AND THE LAW PROFESSORS. AND THAT TOO, IS TOTAL INTELLECTUAL DISHONESTY. THE SUPREME COURT HAS LONG HELD THAT THE FIRST AMENDMENT'S RIGHT TO FREEDOM OF THE SPEECH PROTECTS ELECTED OFFICIALS. 2 IMPORTANT ON POINT DECISIONS FOR THE SUPREME COURT WOULD VERSUS GEORGIA AND BOND VERSUS FLOYD PRESLEY CONTRADICT THE HOUSE MANAGERS POSITION. THE HOUSE MANAGERS DO NOT EVEN THOSE CASES IN THEIR BRIEF. THEY BARELY ACKNOWLEDGE THEM IN THEIR REPLY. AND THEY WERE A MOM ON THEM YESTERDAY. INWOOD VERSUS GEORGIA. THE SUPREME COURT ADDRESSED A CASE INVOLVING A SITTING SHERIFF. WHOSE REELECTION WAS BEING INVESTIGATED BY A GRAND JURY IMPANELED BY A JUDGE BASED ON ALLEGATIONS OF YOUR REGULAR LEE GROW VOTING. IT WAS IN THE 60'S. THE SHERIFF SPOKE PUBLICLY IN MULTIPLE PRESS RELEASE IS CALLING THE GRAND JURY INVESTIGATIONS RACIST ILLEGITIMATE AND THEN ATTEMPT TO INTIMIDATE VOTERS. HE EVEN URGED THE GRAND JURORS ON HOW TO DECIDE THE ISSUES AND NOT LET ITS HIGH OFFICE BE A PARTY TO ANY POLITICAL ATTEMPT TO INTIMIDATE VOTERS. THE SHERIFF VIEW THE GRAND JURY IS CHALLENGING THE LEGITIMACY OF HIS ELECTION. THE SHERIFF EVEN SENT A LETTER TO THE GRAND JURORS WITH THESE ALLEGATIONS WHICH IS AN EXTRAORDINARY STEP SINCE LAWS IN MOST STATES INCLUDING GEORGIA, PROHIBIT ATTEMPTS TO INFLUENCE OR INTIMIDATE JURORS.

THE SHERIFF WAS CHARGED AND CONVICTED OF CONTEMPT OF COURT AND OBSTRUCTION OF THE GRAND JURY. BUT THE SUPREME COURT IN A DECISION WRITTEN BY JUSTICE BRENNAN REVERSED. THE COURT HELD THAT THE FIRST AMENDMENT PROTECTED AN ELECTED PUBLIC OFFICIAL SPEECH BECAUSE THE VOTING CONTROVERSY DIRECTLY AFFECTED THE SHERIFF'S POLITICAL CAREER. SHE 29. THE PETITIONER WAS AN ELECTED OFFICIAL AND HAD READ WITH ME, PLEASE. THE PETITION WAS AN ELECTED OFFICIAL AND HAD THE RIGHT TO ENTER THE FIELD. A POLITICAL CONTROVERSY, PARTICULARLY WHERE HIS POLITICAL LIFE WAS AT STAKE. THE ROLE THAT ELECTED OFFICIALS PLAY IN OUR SOCIETY MAKES IT ALL THE MORE IMPERATIVE THAT THEY BE ALLOWED FREELY TO EXPRESS THEMSELVES ON MATTERS OF CURRENT PUBLIC IMPORTANCE. WOULD THE U.S.

STANDS FOR THE PROPOSITION THAT A DIFFERENCE OF POLITICAL OPINION EXPRESSED IN THE SPEECH ON AN ISSUE OF VOTING IRREGULARITY CAN NOT BE PUNISHABLE WHERE ALL THAT WAS DONE WAS TO ENCOURAGE INVESTIGATION AND PEACEFUL POLITICAL SPEECH. JUST LIKE MISTER TRUMP IS DONE HERE. THE LEGAL SCHOLARS CALL THAT DIRECTLY ON POINT. A SECOND CASE BOND VERSUS FLOYD INVOLVED A STATE LEGISLATURE PUNISHING AN ELECTED OFFICIAL FOR PROTECTED POLITICAL SPEECH. BOND IS PARTICULARLY INSTRUCTIVE HERE, TOO. IN BOND. THE SUPREME COURT SQUARELY ADDRESSED THE QUESTION OF AN ELECTED OFFICIALS PUNISHMENT BY A LEGISLATURE FOR STATEMENTS ALLEGED TO HAVE BEEN CITED PUBLIC VIOLATION OF THE LAW. THE BURNING OF DRAFT CARDS. THE COURT UNEQUIVOCALLY REJECTED THE IDEA ADVANCED HERE BY THE HOUSE MANAGERS. THAT AN ELECTED OFFICIAL IS ENTITLED TO KNOW PROTECTION UNDER THE FIRST AMENDMENT. THE SUPREME COURT HELD THAT THE GEORGIA HOUSE OF REPRESENTATIVES WAS IN FACT FORBIDDEN BY FIRST AMENDMENT FROM PUNISHING BOND BY NOT FOR ADVOCATING AGAINST THE POLICY OF THE UNITED STATES.

THERE ARE 3 FUNDAMENTAL HOLDINGS IN BOND. THE MANIFEST FUNCTION OF THE FIRST AMENDMENT IN A REPRESENTATIVE GOVERNMENT REQUIRES THAT LEGISLATORS BE GIVEN THE WIDEST LATITUDE TO EXPRESS THEIR VIEWS ON ISSUES OF POLICY. JUST AS ERRONEOUS STATEMENTS MUST BE PROTECTED TO GIVE FREEDOM OF EXPRESSION. THE BREATHING SPACE IT NEEDS TO SURVIVE. SO STATEMENTS CRITICIZING PUBLIC POLICY AND IMPLEMENTATION OF IT MUST BE SIMILARLY PROTECTED. 3RD HOLDING. LEGISLATORS HAVE AN OBLIGATION TO TAKE POSITIONS ON CONTROVERSIAL POLITICAL QUESTIONS SO THAT THEIR CONSTITUENTS CAN BE FULLY INFORMED BY THEM AND BE BETTER ABLE TO ASSESS THEIR QUALIFICATIONS. PLEASE READ ALONG WITH ME. THEIR QUALIFICATIONS FOR OFFICE ALSO. SO THEY MAY BE REPRESENTED IN GOVERNMENTAL DEBATES BY THE PERSON THEY HAVE ELECTED TO REPRESENT THEM. MISTER TRUMP ENJOYS THIS SAME FIRST AMENDMENT PROTECTION FROM CONGRESS.

THE FIRST AMENDMENT'S PROTECTIONS GUARANTEE FREE SPEECH ADDRESSING THE ELECTORIAL INTEGRITY ISSUES ESSENTIAL TO HIS CAREER THAT MISTER TRUMP HAS CONSISTENTLY ADVOCATED. THE HOUSE MANAGERS ARGUE THAT THE FIRST AMENDMENT AND I QUOTE, DOES NOT SHIELD PUBLIC OFFICIALS TO HOC. YOU PIE SENSITIVE POLICY MAKING POSITIONS FROM ADVERSE ACTIONS WHEN THEIR SPEECH UNDERMINES IMPORTANT GOVERNMENTAL INTEREST. THAT IS FLAT WRONG. THEY ARE IN ESSENCE ATTEMPTING TO TREAT MISTER TRUMP AS THEIR EMPLOYEE.

THIS IS NOT THE LAW UNDERWOOD AND BOND. MISTER TRUMP WAS ELECTED BY THE PEOPLE. HE IS AN ELECTED OFFICIAL. THE SUPREME COURT SAYS ELECTED OFFICIALS MUST HAVE THE RIGHT TO FREELY ENGAGE IN PUBLIC SPEECH. INDEED, THE SUPREME COURT EXPRESSLY REJECTED THE HOUSE MANAGERS ARGUMENT AND WOOD VERSUS GEORGIA HOLDING THAT THE SHERIFF WAS NOT THE CIVIL SERVANT BUT ELECTED AN ELECTED OFFICIAL HU HAD CORE FIRST AMENDMENT RIGHTS WHICH COULD NOT BE RESTRICTED. THAT'S WOULD BE GEORGIA PAGE 3.95 FOOTNOTE. 21. THE HOUSE MANAGERS DO NOT MENTION WOULD OR BOND.

IN THE TRIAL BRIEF OR ANYWHERE ELSE. BECAUSE IT DOES NOT FIT THEIR NARRATIVE OR THEIR STORY. THEY WANT TO PUNISH MISTER TRUMP FOR ENGAGING IN CONSTITUTIONALLY PROTECTED FREE SPEECH AND THEY DO NOT WANT YOU TO CONSIDER THE ISSUE. BUT YOU MUST. QUESTION 2. DOES MISTER TRUMP'S SPEECH DESERVE PROTECTION UNDER THE FIRST AMENDMENT. THERE IS NO DOUBT MISTER TRUMP ENGAGED CONSTITUTIONALLY PROTECTED POLITICAL SPEECH THAT THE HOUSE HAS IN PROPERLY CHARACTERIZED AS INCITEMENT OF INSURRECTION. THE FATAL FLAW OF THE HOUSE'S ARGUMENT IS THAT IT SEEKS TO BEAT OUT GOVERNMENTAL PUNISHMENT. IMPEACHMENT BASED ON FIRST AMENDMENT POLITICAL SPEECH. FOR POLITICAL PURPOSES. THE KIND OF ACTIVITY TO WHICH THE FIRST AMENDMENT OFFERS ITS STRONGEST PROTECTION. THESE ARE BEDROCK PRINCIPLES RECOGNIZED BY OUR SUPREME COURT FOR DECADES. THE COURT HAS STATED IN NO UNCERTAIN TERMS THE IMPORTANCE OF THESE PRINCIPLES TOWARD DEMOCRATIC PRINCIPLES. THE GENERAL PROPOSITION THAT FREEDOM OF EXPRESSION UPON PUBLIC QUESTIONS IS SECURED BY THE FIRST AMENDMENT HAS LONG BEEN SETTLED BY OUR DECISIONS. THE CONSTITUTIONAL SAFEGUARD. WE HAVE SAID. WAS FASHION TO ASSURE UNFETTERED INTERCHANGE OF IDEAS FOR THE BRINGING ABOUT OF POLITICAL AND SOCIAL CHANGERS DESIRED BY THE PEOPLE.

NEW YORK TIMES PIECE, ALL OVEN. OUR FIRST AMENDMENT DECISIONS HAVE CREATED A ROUGH HIERARCHY IN THE CONSTITUTIONAL PROTECTION OF SPEECH. CORE POLITICAL SPEECH IS OCCUPIED. THE HIGHEST MOST PROTECTED POSITION. EVEN POLITICAL SPEECH THAT MAY INSIGHT ON LAWFUL CONDUCT IS PROTECTED FROM THE REACH OF GOVERNMENT PUNISHMENT. THE COURT HAS SAID EVERY IDEA IS AN INCITEMENT. AND IF SPEECH MAY BE SUPPRESSED WHEN IT MIGHT INSPIRE SOMEONE TO ACT UNLAWFULLY. THEN THERE IS NO LIMIT TO THE STATES SINCE ORIOLE POWER. THE GOVERNMENT MAY NOT PROHIBIT SPEECH BECAUSE IT INCREASES THE CHANCES OF AN UNLAWFUL ACT WILL BE COMPLETED COMMITTED AT SOME INDEFINITE TIME IN THE FUTURE. THE HOUSE MANAGERS SHOWED YOU A SERIES OF TWEETS GOING ALL THE WAY BACK TO 2000, 15 IN AN EFFORT TO PROVE INCITEMENT. ALL OF THAT EVIDENCE TOTALLY IRRELEVANT UNDER THE CONSTITUTIONAL DEFINITION OF INCITEMENT. BRANDENBURG VERSUS OHIO IS REALLY THE LANDMARK CASE ON THE ISSUE OF INCITEMENT SPEECH HALF OF THE CASE WAS MENTIONED YESTERDAY. IN THE BRANDENBURG. THE OHIO CASE. ANOTHER LANDMARK THE COURT HELD THE GOVERN MENT MAY ONLY SERVE.

THE GOVERNMENT MAY ONLY SUPPRESS SPEECH FOR ADVOCATING THE USE OF FORCE OR A VIOLATION OF LAW. IF. SUCH ADVOCACY IS DIRECTED TO INCITING OR PRODUCING. IN A LAWLESS ACTION AND IS LIKELY TO INCITE OR PRODUCE SUCH ACTION. THE BRANDENBURG HOLDING HAS BEEN INTERPRETED AS HAVING 3 BASIC PRONGS TO DETERMINE IF SPEECH. MEET THE DEFINITION OF INCITEMENT. THE BRANDENBURG TEST PRECLUDES SPEECH FROM BEING SANCTIONED AS INCITEMENT TO RIOT. LAST. THIS ONE.

THE SPEECH EXPLICITLY OR IMPLICITLY ENCOURAGED USE OF VIOLENCE ARE LAWLESS ACTION. THE SPEAKER INTENDS THAT HIS SPEECH WILL RESULT AND USE OF VIOLENCE ARE LAWLESS ACTION. THE EMINENT USE OF VIOLENCE ARE LAWLESS ACTION IS LIKELY. IS THE LIKELY RESULT OF THE SPEECH. THE HOUSE MANAGERS CANNOT GET PAST THE FIRST PRONG OF THE BRANDENBURG TEST. THEY HAVE NOT AND CAN NOT PROVE MISTER TRUMP EXPLICITLY OR IMPLICITLY ENCOURAGE USE OF VIOLENCE WERE LAWLESS ACTION. BRANDENBURG REQUIRES A CLOSE EXAMINATION OF THE WORDS THEMSELVES. THE WORDS ARE EITHER IMPORTANT OR THEY'RE NOT.

THE HOUSE MANAGERS ADMITTED THAT THE INCITEMENT ISSUE IS NOT ABOUT THE WORDS. BECAUSE ON THE FACE OF IT, MISTER TRUMP'S WORDS ARE NO DIFFERENT THAN THE. FIGURATIVE SPEECH USED BY EVERY ONE OF THE SENATORS ASSEMBLED HERE TODAY. IF IT IS NOT ABOUT THE WORDS BUT ABOUT THE BIG LOTTERY OF A STOLEN ELECTION. AND WHY IS HOUSE MANAGER RASKIN GUILTY SINCE HE TRIED TO OVERTURN THE 2016 ELECTION. THE MORE THE HOUSE MANAGERS SPEAK. THE MORE RECEIVED GETS REVEALED. CRUSIE. EVEN THOUGH THEY SAY IT'S NOT ABOUT THE WORDS THE LAW UNDER BRANDENBURG REQUIRES A CLOSE ANALYSIS OF THE WORDS TO DETERMINE INCITEMENT.

SO WE NEED TO LOOK AT THOSE WORDS. MISTER TRUMP TO THE OPPOSITE OF ADVOCATING FOR LAWLESS ACTION. THE OPPOSITE. HE EXPRESSLY ADVOCATED FOR PEACEFUL ACTION AT THE SAVE AMERICA RALLY. HE EXPLICITLY STATED. THESE ARE THE KURDS. I KNOW THAT EVERYONE HERE WILL SOON BE MARCHING OVER TO THE CAPITOL. BUILDING TO PEACEFULLY AND PATRIOTICALLY. MAKE YOUR VOICES HEARD. TO PEACEFULLY AND PATRIOTICALLY MAKE YOUR VOICES HEARD. THAT IS HOW THIS PRESIDENT HAS SPOKEN FOR YEARS WHEN HE CONDEMNS VIOLENCE LAWLESSNESS AND DRYERS. THE HOUSE MANAGERS HAVE PLAYED MANIPULATED SELECTIVELY EDITED PARTS OF MISTER TRUMP'S SPEECH. THEY FOCUS HEAVILY ON THE WORD FIGHT. THE PRESIDENT USED THE WORD FIGHT. 20 TIMES IN HIS SPEECH. THEY PICKED ONLY 2. WHY NOT THE OTHER 18. BECAUSE THEY DON'T TELL THE STORY THEY WAY THEY WANT TO TELL IT. HERE OR ALL OF THEM. LISTEN TO THE CONTEXT. >> AND DID A GREAT JOB. GUTS. YOU KNOW, HE'S GOT GOT SOUND LIKE A LOT OF PEOPLE. THE REPUBLICAN PARTY. HE'S GOT GOT SHE FIGHTS FIGHTS AD. TELL YOU. THANK YOU VERY MUCH, JOHN. FANTASTIC JOB. I WATCHED. THAT'S A TOUGH ACT TO FOLLOW THOSE 2. >> THERE'S SO MANY WEEK REPUBLICANS AND WE HAVE GREAT ONES.

JIM RDAN AND SOME OF THESE GUYS ARE OUT THERE FIGHTING THE HOUSE GUISE OF FIGHTING. >> BUT IT'S INCREDIBLE MANY OF THE REPUBLICANS. I HELP THEM GET IN. I HELPED HIM GET ELECTED. GET RID OF HOW DO YOU SAY I WANT TO GET RID OF AMERICA FIRST. BUT IF YOU'RE GOING TO DO IT, DON'T TALK ABOUT IT RIGHT. UNBELIEVABLE. WHAT WE HAVE TO GO THROUGH. WHAT WE HAVE TO GO THROUGH AND YOU HAVE TO GET YOUR PEOPLE TO FIGHT AND IF THEY DON'T FIGHT, WE HAVE TO PRIMARY LOT OF THE ONES THAT DON'T FIGHT. LET YOU KNOW. THEY ARE. I CAN ALREADY TELL YOU, FRANKLY. PUBLICANS ARE CONSTANTLY FIGHTING. LIKE A BOXER. WITH HIS HANDS TIED. BEHIND HIS BACK. IT'S LIKE A BOXER. AND WE WANT TO BE SO. NICE. WE WANT TO BE SO RESPECTFUL OF EVERYBODY, INCLUDING. BAD PEOPLE. AND WE'RE GOING TO HAVE TO FIGHT MUCH HARDER.

AND MIKE PENCE IS GOING TO HAVE TO COME THROUGH FOR US. AND IF HE DOESN'T. THAT WILL BE SAD DAY FOR OUR COUNTRY. BECAUSE. >> YOU'RE SWORN TO UPHOLD OUR CONSTITUTION. >> AND THE ACCOUNTABILITY SAYS IF WE SEE SOMEBODY IN THERE THAT DOESN'T TREAT OUR VETS WELL WITH A THEY DO THINGS BADLY. WE SAY JOE YOU'RE FIRED. GET OUT OF BEFORE YOU COULD DO. YOU COULDN'T DO THAT BEFORE. SO WE'VE TAKEN CARE OF THINGS WE'VE DONE THINGS LIKE NOBODY'S EVER THOUGHT POSSIBLE. AND THAT'S PART OF THE REASON THAT MANY PEOPLE DON'T LIKE US BECAUSE WE'VE DONE TOO MUCH, BUT WE'VE DONE IT QUICKLY AND WE WERE GOING TO SIT HOME AND WATCH A BIG VICTORY AND EVERYBODY HAD US DOWN FOR A VICTORY WAS GOING TO BE GREAT.

WE'RE OUT HERE FIGHTING. I SAID TO SOMEBODY I WAS GOING TO TAKE A FEW DAYS AND RELAX AFTER A PIG ELECTORAL VICTORY. >> 10 O'CLOCK. IT WAS OVER THE AMERICAN PEOPLE DO NOT BELIEVE THE CORRUPT FAKE NEWS THEY HAVE RUINED THEIR REPUTATIONS. BUT YOU KNOW, IT USED TO BE THAT THEY ARGUE WITH ME FIGHT. SO I'D FIGHT THAT FIGHT FIGHT THIS FIGHT YET, BELIEVE ME. AND BELIEVE THEM.

SOMEBODY COMES OUT. YOU KNOW, THEY HAD THEIR POINT OF VIEW. I HAD MY POINT OF VIEW, BUT YOU HAVE AN ARGUMENT NOW. WHAT THEY DO IS THEY GO SILENT. IT'S CALL SUPPRESSION AND THAT'S WHAT HAPPENS IN A COMMUNIST COUNTRY. THAT'S WHAT THEY DO. THEY SUPPRESS YOU DON'T FIGHT WITH THEM ANYMORE UNLESS IT'S ADVANCE OF THAT A LITTLE BAD STORY ABOUT ME TO MAKE IT 10 TIMES WORSE. IT IS A MAJOR HEADLINE. BUT HUNTER BIDEN. THEY DON'T TALK ABOUT WHAT HAPPENED ON THAT LIST. HEALTH OVER THE LAST 4 YEARS. WE BUILT THE GREATEST POLITICAL MOMENT IN THE HISTORY OF OUR COUNTRY. AND NOBODY EVEN CHALLENGES THAT I SAY THAT OVER AND OVER AND I NEVER GOOD CHALLENGE BY THE FAKE THIS AND THEY CHALLENGE ALMOST EVERYTHING WE SAID.

BUT OUR FIGHT AGAINST THE BIG DONORS, BIG MEDIA, BIG TECH AND OTHERS IS JUST GETTING STARTED. THIS. THE GREATEST IN HISTORY. THERE'S NEVER BEEN A MOVEMENT LIKE THAT OUR BRIGHTEST DAYS ARE BEFORE US. OUR GREATEST ACHIEVEMENTS STILL, I THINK ONE OF OUR GREAT ACHIEVEMENTS WILL BE ELECTION SECURITY BECAUSE JULY CAME ALONG AND ANY IDEA HOW CORRUPT OUR ELECTIONS WORK. AND AGAIN, MOST PEOPLE WOULD STAND THERE AT 9 O'CLOCK. AND THE EVENING AND SAID I WANT TO THANK YOU VERY MUCH. AND THEY GO OFF TO SOME OTHER LIFE.

BUT I SAID SOMETHING'S WRONG HERE, SOMETHING'S REALLY WRONG CAN HAVE HAPPENED AND WE FIGHT. WE FIGHT LIKE AL. AND IF YOU DON'T FIGHT LIKE HOW YOU'RE NOT GOING TO HAVE A COUNTRY ANYMORE. OUR EXCITING ADVENTURES AND BOLDEST ENDEAVORS. NOT YET BEGUN. MY FELLOW AMERICANS FOR OUR AND FOR OUR BELOVED COUNTRY. AND I SAY THIS, DESPITE ALL THAT HAPPENED, THE BEST IS YET TO COME.

>> A BOXER FIGHTING WITH HIS HAND TIED BEHIND HIS BACK. MEMBERS OF CONGRESS FIGHTING RUDY BEING RUDY. THESE ARE THE METAPHORICAL RHETORICAL USES OF THE WORD FIGHT. WE ALL KNOW THAT RIGHT. CERTAINLY THE WORD FIGHT IS OFF LIMITS. SPARE US THE HYPOCRISY IN FALSE INDIGNATION. IT'S A TERM USED OVER AND OVER AND OVER AGAIN. BY POLITICIANS ON BOTH SIDES OF THE AISLE. AND OF COURSE, THE DEMOCRAT HOUSE MANAGERS KNOW THAT THE WORD FIGHT HAS BEEN USED 5TH FIGURATIVELY IN POLITICAL SPEECH FOR EVER. BUT DON'T TAKE IT FROM ME. IT'S BEST TO LISTEN TO THEM. >> AND MISSION IS TO FIGHT OUR JOBS TO FIGHT. A FIGHT. DEMOCRATS ARE FIGHTING AS HARD AS WE CAN. DEMOCRATS ARE STANDING UP TO FIGHT. WE WE LOVE A GOOD FIGHT. DEMOCRATS ARE GOING TO FIGHT LIKE HOW WE FIGHT LIKE HELD FROM I WILL FIGHT LIKE, OH, WE'RE GOING TO FIGHT LIKE HOW I'M GOING TO FIGHT LIKE HOW I MIGHT HELP. >> I WILL FIGHT RIGHT NOW. WE HAVE NOW. ALL. YEAH, I KNOW MANY OF THE SENATORS AND MEMBERS OF THE HOUSE FLOOR FIGHT WE ARE GOING TO FIGHT LIKE HELP.

WE'RE GOING TO FIGHT. >> LAKE COUNTY. >> LIKE HELP AND WE JUST HAVE TO FIGHT. WE'RE GOING FIND WE ARE FIGHT RIGHT NOW. >> BECAUSE YOUR FIGHT TO FIGHT RIVAL. LOW SHOULD NOT BE SPENT MILLIONS. MILLIONS. MILLIONS MILLIONS. I'VE GOT THE STANDOFF AND AND FIGHT AND FIGHT STAND AND FIGHT BACK TO FIGHT AND CONTINUE TO FIGHT ONCE AGAIN FIGHT BACK IN THE FIGHT. FIGHTING BACK TO MY FIGHT TO FIGHT MINISTRATIONS GET WHAT YOU FIGHT FOR WILL ALSO FIGHT HIM AND CHALLENGE HIM IN EVERY WAY THAT WE CAN FIGHT IN CONGRESS FIGHT IN THE COURTS FIGHT IN THE STREETS IN THE CONGRESS, IN THE COURTS AND IN THE STREETS THERE'S A RIGHT. THERE'S THE FIGHT. THERE'S THE FIGHT AND THEN THERE'S THE FIGHT, BAD.

WE'RE EAGER TO TAKE ON THIS FIGHT. THE AMERICAN PEOPLE ARE GOING TO HAVE TO FIGHT YET AND I GET IN THIS FIGHT AROUND THE CLOCK FIGHTING. WE'VE GOT TO KEEP FIGHTING AND KEEP FOCUSED. WE WILL FIGHTS. >> WHEN WE MUST FIGHT. WE'VE BEEN SO WE NEED TO FIGHT. BUT WE ALSO NEED TO ALWAYS COMING UP, A FLIGHT OF THIS IS GOING TO BE A BYE WEEK OVER. 5. WE'RE IN THE FIGHT OF OUR LIVES. WE'RE GOING TO BE IN FOR THE FIGHT OF OUR LIVES. THIS IS THE FIGHT OF YOUR LIFE, FIGHT OF THEIR LIVES. >> LIVES. WE CAN NOT >> HYPOCRISY. THE REALITY IS MISTER TRUMP WAS NOT IN ANY WAY, SHAPE OR FORM INSTRUCTING THESE PEOPLE TO FIGHT OR TO USE PHYSICAL VIOLENCE.

WHAT HE WAS INSTRUCTING THEM TO DO WAS TO CHALLENGE THEIR OPPONENTS IN PRIMARY ELECTIONS TO PUSH FOR SWEEPING ELECTION REFORMS TO HOLD BIG TECH RESPONSIBLE. ALL CUSTOMARY AND LEGAL WAYS TO PETITION YOUR GOVERNMENT FOR REDRESS OF GRIEVANCES, WHICH OF COURSE IS ALSO. PROTECTED CONSTITUTIONAL SPEECH. BUT THE HOUSE MANAGERS DON'T WANT YOU TO FOCUS ON THOSE THINGS BECAUSE AGAIN, IT DOES NOT FIT THEIR STORY.

IN THE END. I LEAVE YOU WITH THIS QUOTE FROM BENJAMIN FRANKLIN. FREEDOM OF SPEECH IS A PRINCIPAL PILLAR OF A FREE GOVERNMENT. WHEN THIS SUPPORT IS TAKEN AWAY THE CONSTITUTION OF A FREE SOCIETY IS DISSOLVED AND TYRANNY IS A WRECKED ID ON ITS RUINS. >> MISTER PRESIDENT, THE MAJORITY LEADER. I ASK UNANIMOUS CONSENT THE SENATE RECESS FOR A 15 MINUTE BREAK. THE OBJECT. >> LIKE JUST ABOUT 2 HOURS INTO THE DEFENSE CASE. THE PRESIDENT'S LAWYERS MAKING THE CASE THEY ARE TAKING THEIR FIRST BREAK. KEEP IN MIND THAT WE EXPECT OF TRUMP DEFENSE WILL ONLY TAKE A FEW HOURS.

SO THIS MAY BE THE ONLY BREAK BEFORE THEY GO BACK INTO IT. WANT TO BRING IN NBC NEWS POLITICAL DIRECTOR AND MODERATOR OF MEET THE PRESS, CHUCK TODD AND CHIEF WASHINGTON CORRESPONDENT ANDREA MITCHELL. CHUCK, THIS SEEMS TO HAVE TRACKED ALONG PRETTY MUCH THE WAY THAT WE EXPECTED TO TO CALL THE PRESIDENT'S SPEECH, MORE POLITICAL RHETORIC THAN ANYTHING THAT WOULD CITE A CROWD GOING AFTER MANY OF THE USUAL ENEMIES, THE MEDIA AND DEMOCRATS AND USING THE WORDS OF DEMOCRATS AGAINST THIS.

THIS CASE INDICTING THEM FOR THEIR WORDS. YOUR THOUGHTS? >> YEAH. NO, I MEAN, SEAN HANNITY OR RUSH LIMBAUGH COULD HAVE PUT THIS TOGETHER. IT WAS JUST SORT SORT OF A LAZY VERSION OF WHAT ABOUT I MEAN, IT REALLY WASN'T EVEN THAT SOPHISTICATED. IT WAS A BIT INTELLECTUALLY NUMEROUS TIMES. BUT IT'S CLEAR WHAT THEY'RE TRYING TO DO RIGHT THERE TRYING TO ISOLATE THE JANUARY 6 SPEECH. THEY'RE TRYING TO IGNORE EVERYTHING ELSE ABOUT IT. THEY'RE TRYING TO IGNORE ALL THE TWEETS AROUND IT AND LOOK, THERE'S STILL 2 HOURS. MAYBE THEY WILL ADDRESS THE DERELICTION OF DUTY ISSUES. WITH HIM DURING SIEGE. AND RIGHT AFTER IT. BUT IT IS THIS IS A DAY IT TIME.

LOOK, IT CAN COME ACROSS EXTRAORDINARILY SILLY OF ME TO SEE THEM EVEN REPLAYING VIDEOS OVER AND OVER. IT ALMOST FEELS AS IF LIKE THERE'S A TERM PAPER AND THEY'RE TRYING TO. FILL IN THE BLANKS HERE IN ADDING THE WORDS VERY, VERY, VERY BUT INSTEAD THEY'RE USING THE WORD FIGHT. AND HEY, LET'S EXTEND THE VIDEO PLAY MORE TO UP TIME. BUT IT'S CLEARLY DESIGNED TO JUST TO THE DEEPEST OF THE OF THE SORT OF THE TALK RADIO PRIME TIME CABLE BASE OF THE REPUBLICAN PARTY THAT THAT THAT WILL THAT PART OF IT AND LOOK, THAT'S ANIMATED PART OF THIS BASE. RIGHT. THAT IS THE TRUMP BASE. THEY'RE NOT TRYING TO ADDRESS ANY OF THE REAL ELEPHANTS IN THE ROOM RIGHT NOW AND MAYBE THAT'S THERE FAST TRACK IN THEIR MINDS. THEY'RE FAST TRACK TO ACQUITTAL. BUT THEY'RE NOT ACTUALLY ADDRESSING ANY OF THE OF THE REAL ACCUSATIONS. >> THAT HAVE BEEN MADE AGAINST THE FORMER PRESIDENT. ANDREA, SOME OF ACCUSATIONS HAD TO DO WITH WHAT THE FORMER PRESIDENT WAS SAYING AT THE TIME HIS VICE WAS BEING WHISKED AWAY TO A SECURE LOCATION OF THE CAPITAL.

ONE OTHER THING STOOD OUT IN TERMS OF THINGS THAT HAVE NOT BEEN ADDRESSED SO FAR THAT THAT WERE MADE BY THE HOUSE MANAGERS. >> WELL, THEY CERTAINLY NEVER ADDRESS WHAT HE DID DURING THE 6 HOURS AFTER BEING TOLD BY SENATOR TEMPER FEEL ABOUT THE VICE PRESIDENT WAS BEING TAKEN OUT AND NOT RESPONDING IT ALL AND HAVE ANY CONCERNS ABOUT HIS VICE PRESIDENT OR ANY EFFORT TO GET THE NATIONAL GUARD OR ANYONE ELSE IN. BUT ALSO THE FACT CHECKING THERE WAS NO ANTIFA LEADER. HU ARRESTED. THERE. THERE WAS SOMEONE ARRESTED BUT NOT CONNECTED TO NT FORTUNE TRY TO DESCRIBE THAT RALLY AS A LEFT WING INSPIRED RALLY IS ABSURD ON ITS FACE. THERE WAS ALSO THE CLAIM THAT THEY DID NOT. THE HOUSE MANAGERS DID NOT DISCLOSE THE SECURITY FOOTAGE.

BEFOREHAND TO THE DEFENSE. THIS IS NOT A TRIAL IN THE CLASSIC SENSE OF A TRIAL AS THE SENATORS ARE NOT JURORS. THERE'S NO OBLIGATION TO DISCLOSE TO THE DEFENSE WHAT THEIR STRATEGY IS. I DON'T KNOW IF THE DEFENSE HAD ASKED FOR THAT. SECURITY FOOTAGE SHOWS. THERE'S NO INDICATION THAT THEY HAD THAT IN CLAIM THAT THEY HAD THEY MISSTATED WHAT HAPPENED LAFAYETTE SQUARE. THERE WAS NO NO FENCING AROUND LAFAYETTE SQUARE AT THE TIME THERE WAS NO BREACH OF SECURITY WALL STATE HILLARY CLINTON. SHE CONCEDED THE MORNING AFTER THE ELECTION, I WAS THERE. AS YOU CAN SEE, THAT IN THE OVERNIGHT HOURS AS WELL AS 2 OR 3 IN THE MORNING.

BUT SHE HAD A NEWS CONFERENCE. SHE'S SURROUNDED BY HER FAMILY AND HER TOP AIDES. WE'RE AT A HOTEL IN NEW YORK SAYING THAT PRESIDENT TRUMP HAD WON AND THAT SHE WISHED HIM WELL AS A CITIZEN. SO IT'S NOT THAT SHE WAS DENYING THE REALITY OF THE ELECTION RESULTS AS DONALD TRUMP DID. SHE CERTAINLY. RAISED QUESTIONS ABOUT WHETHER OR NOT THERE HAD BEEN ELECTION INTERFERENCE BY THE RUSSIANS, BUT THAT WAS CERTAINLY SUBSEQUENT YEARS AFTER ACTUALLY TO HAVING CONCEDED. >> THAT'S ALL RIGHT, ANDREA, LET ME GO TO CASEY HUNT IS ON CAPITOL HILL. MANY OF THE MEMBERS HERE WERE IN THAT ROOM WERE UNWITTING STARS OF SOME OF THE VIDEOS THAT WERE PLAYED TODAY AS THE PRESIDENT'S LAWYERS REALLY HONED IN THIS IDEA OF HYPOCRISY. WHAT WAS THE REACTION AMONG DEMOCRATIC SENATORS ARE EVEN REPUBLICAN SENATORS AS THOSE VIDEOS WERE PLAYED. >> LESTER, I WAS ACTUALLY IN THE CHAMBER WATCHING THE SENATORS AS THIS VIDEO PLAYED ON THE SCREEN AND WHILE FOR THE MOST PART SENATORS, HE SHOT THEMSELVES ON THE SCREEN HAD STUDIED NON REACTIONS.

IT PROMPTED WHISPERS FROM THEIR COLLEAGUES COMMENTS AND WHEN THE UT TURNED AT THE END OF THAT MONTAGE AND SEEMED TO DIRECT HIS COMMENTS AT THE DEMOCRATIC SENATORS. THERE WAS A LOT OF SHIFTING IN SEATS. SOME OUTRIGHT LAUGHTER CLEARLY A SENSE WHAT WHAT IS THE POINT HERE. WHY DID WE JUST GO THROUGH THAT EXERCISE NOW ON THE REPUBLICAN SIDE, EVERYONE SEEMED TO BE WATCHING ALONG. SENATOR JOSH HAWLEY HU AS WE'VE NOTED EARLIER IN THE WEEK HAD BEEN DOING OTHER THINGS DURING THE PROCEEDING SEEM TO BE WATCHING THIS TIME AND IT'S PERHAPS TAKING NOTES ON A PAD OF PAPER. AT ONE POINT IN THE FIGHT MONTAGE. SENATOR RAND PAUL OPENLY LAUGHING AS ELIZABETH WARREN CLIPS CONTINUE TO PLAY IT. IT'S CLEAR TO ME IN THE ROOM THAT THIS WAS REALLY A PLAY TO PRESIDENT TRUMP'S FORMER PRESIDENT TRUMP SENSIBILITIES TO THE SENSIBILITIES OF HIS SUPPORTERS TO THOSE 2 WATCH MEDIA OUTLETS WERE MANY OF THESE THEMES COM BECAUSE THIS WAS NOT SOMETHING REALLY THAT IN THE ROOM.

I DON'T THINK WAS WAS TAKEN IN THE SAME KIND OF SERIOUS WAY THAT IT MAY BE BY PEOPLE TO ARE CONSUMING THAT SORT OF OF MEDIA NOW ANOTHER NOTE, I SHOULD MAKE LAST. WE'VE GOT SOME NEW REPORTING FROM THE HOUSE MANAGERS TOO. YOU MAY HAVE SEEN AT THE TOP OF THE PERFORMANCE TODAY. THE TRUMP THAT TOOK SOME ISSUE WITH HOW SOME OF THE THINGS WERE PRESENTED IN THE HOUSE MANAGERS PRESENTATION. SO THEY'RE DEFENDING THEMSELVES AT THIS POINT. THEY ACKNOWLEDGE THAT THERE WAS A MISTAKE WITH A TWEET THAT SHOWED UP BLUE CHECKMARK. BUT THEY ALSO POINT OUT THAT IT HAD TO RECREATE A LOT OF THIS BECAUSE PRESIDENT FORMER PRESIDENT TRUMP WAS KICKED OFF TWITTER AFTER THE RIOT. AND SO THEY HAVE TO USE ARCHIVES TO RECONSTRUCT ALL OF THESE GRAPHICS WHICH THEY SPACED SAY PRESIDENT TRUMP'S ATTORNEYS SHOULD BE WILLING TO OUR SHOULD RATHER AT KNOW AS THEY'RE WORKING ON THIS PRESENTATION. LET ME ASK YOU, WILL THE HOUSE MANAGERS HAVE A CHANCE, A CHANCE TO REBUT SOME OF THE THINGS SENT TODAY TO WALK US THROUGH.

>> AND THE END GAME IN ALL THIS. >> WELL, LESTER, THERE STILL ARE GOING TO BE CLOSING ARGUMENTS. SO WE WILL HAVE ANOTHER OPPORTUNITY TO HEAR FROM HOUSE MANAGERS. AND THEN OF COURSE, AGAIN FROM PRESIDENT TRUMP'S FORMER PRESIDENT DEFENSE ATTORNEYS THE WAY THAT IT'S STRUCTURED. THE MANAGERS COULD SAY ABOUT SOME OF THEIR TIME AND HAVE BASICALLY THE LAST WORD ON THE FLOOR. BUT BEFORE WE GET TO THAT POINT, WE'RE GOING TO HAVE A QUESTION AND ANSWER SESSION FROM SENATORS AND WHILE THE PROSECUTION AND THE DEFENSE SEEMED TO HAVE NOT TAKEN THE ENTIRETY OF THEIR TIME. I'M INTERESTED TO SEE THAT SAID, THE SENATORS HAVE 4 HOURS. 4 QNA IN THE LAST IMPEACHMENT TRIAL. THEY TOOK ALL OF THEIR TIME. THEY DON'T TYPICALLY LIKE TO GIVE UP THEIR OWN TIME.

BUT THAT AGAIN, THERE IS A VERY REAL SENSE PEOPLE WANT TO GET ON WITH THIS. SO I THINK YOU COULD POTENTIALLY SEE THEM ASKING QUESTIONS THAT ALLOW THE HOUSE MANAGERS TO COME BACK AND MAKE THESE CASES IN PUBLIC. A POTENTIALLY TO RESPOND TO WHAT THE TRUMP TEAM HAS DONE HERE. BUT WE'RE JUST GOING TO HAVE TO WAIT AND SEE. WE DO KNOW THAT RIGHT NOW SENATORS ARE CRAFTING QUESTION. SUBMITTING QUESTIONS BEHIND THE SCENES.

THEY'RE GOING TO BE LOOKED AT TO MAKE SURE THAT THEY'RE NOT REPETITIVE AN ORGANIZED AHEAD OF TIME BEFORE WE GET TO THAT PHASE OF THE TRIAL WHICH COULD COME LATER TODAY. >> OR TOMORROW LESTER. ALL RIGHT. CASEY, LET'S BRING IN SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON. HOW THIS IS SOME REPUBLICAN SENATORS NEEDING THE SIGNIFICANT COVER SUFFICIENT COVER TO VOTE FOR ACQUITTAL. THAT'S THE BAR HERE. HOW DOES IT LOOK. >> WELL, IF THE REACTION THE CASE HE DOES IS CRY FROM SOME OF THE SENATORS IN THE ROOM. I THINK IS INTERESTING AND THE REACTION THAT I IMAGINE THAT WE'RE WE'RE SEEING, ALTHOUGH WE DON'T HAVE A CAMERA AT MAR-A-LAGO RIGHT NOW FROM FROM DONALD TRUMP.

I THINK IT'S WORTH NOTING. I THINK THERE ARE THINGS THAT HE WOULD HAVE LIKED IN THAT PRESENTATION. NUMBER ONE, THE AUDIO VISUAL ELEMENT OF IT. HE'S A PERSON WHO'D LIKE STEVIE. THERE ARE PLENTY OF CLIPS IN SOME INSTANCES. REPETITIVE CLIPS AS YOU'RE WATCHING THROUGH INCLUDING SOME OF THE MONTAGE IS THAT WE SAW THERE. THE TRUMP DEFENSE TEAM IN THOSE AROUND THE TRUMP DEFENSE TEAM LIKE THAT. THEY THOUGHT AND SAID PUBLICLY IS THIS PRESENTATION WAS HAPPENING OVER THE LAST 2 HOURS. THAT WAS BASICALLY HAMMERING OR PUMMELING THE POINT HOME THAT THEY WANTED TO MAKE. I THINK THAT IF YOU'RE DONALD TRUMP, YOU ALSO LIKE TO SEE HIS ATTORNEYS, 2 OF THEM AT LEAST YOU SOME OF THESE BUZZWORDS THAT WE OFTEN HEAR IN CONSERVATIVE CIRCLES SO FOR EXAMPLE, YOU HEARD ONE OF THE FORMER PRESIDENT ATTORNEYS CALL THIS CONSTITUTIONAL CANCEL CULTURE.

BASICALLY SEIZING ON THIS FOR A LINE THAT'S BEEN USED IN VARIOUS OTHER INSTANCES. NOT AT ALL RELATING TO IN CONSERVATIVE CIRCLES IN THE LAST, YOU KNOW, YEAR, SO 6 MONTHS OR SO. YOU ALSO HEARD ONE OF THE ATTORNEYS SAY THIS IS NOT WHAT ABOUT IS. I'M TO THE POINT THAT CHUCK TODD MAY JUST A COUPLE OF MINUTES AGO. IT IS IN FACT THE DEFINITION OF WHAT ABOUT AND THAT IT IS ESSENTIALLY LOOKING TO EQUIVOCATED THE ACTIONS IN THE LANGUAGE OF FORMER PRESIDENT TRUMP TO THINGS THE DEMOCRATS HAVE SAID IN AN ENTIRELY DIFFERENT CONTEXT AND ONE THAT WAS NOT SHOWN THERE.

SO THAT HERE'S WHAT'S NOT BEEN ADDRESSED. AND YOU TALKED ABOUT THE QUESTIONS OF WHAT IS STILL SORT OF OUT THERE. WE DO HAVE TIME LEFT, RIGHT. THEY TECHNICALLY HAVE UP TO. I THINK 40 MORE HOURS. THEY ARE CERTAINLY NOT EXPECTED TO TAKE ALL THIS TIME. BUT ONE OF THE THINGS THAT REALLY HASN'T BEEN TOUCHED ON YET THAT REPUBLICANS DO WANT TO KNOW WILL WANT TO HEAR ABOUT, INCLUDING CERTAIN DEMOCRATS, TOO, IS WHAT ABOUT THE CASE THAT THE HOUSE MANAGERS MADE SPECIFICALLY YESTERDAY LINKING THE ACTS OF THE INSURRECTIONISTS, THE LANGUAGE OF INSURRECTIONIST TO DIRECTION FROM DONALD TRUMP HIMSELF.

THAT'S GOING TO BE IMPORTANT FOR THE DEFENSE TEAM TO TRY TO PUT UP SOME KIND OF ANSWER TO HERE BECAUSE THAT IS AN OPEN QUESTION. WHEN YOU LOOK AHEAD TO THE Q AND A THERE ARE OTHER SENATORS I THINK REPUBLICAN BILL CASSIDY AMONG THEM TO WANT TO KNOW MORE ABOUT THAT PHONE CALL BETWEEN TOMMY TELL THE REAL CENTER TELL THEN PRESIDENT TRUMP NOW FORMER PRESIDENT TRUMP THE TIMING OF WHAT HE KNEW AND WHEN HE KNEW IT. THERE ARE THINGS THAT REPUBLICANS SITTING IN THAT ROOM WILL WANT TO HEAR BROADLY. HOWEVER, AT THIS POINT. THE DEFENSE TEAM IS IS MAKING MUCH MORE OF A POLITICAL ARGUMENT, THEN A LEGAL ARGUMENT.

IT TOOK PROBABLY 90 MINUTES OR SO TO GET TO SOME OF THE MEAT AND POTATOES OF THE LEGAL CASE. BUT THEN AGAIN, LESTER, AS WE'VE BEEN SAYING, THAT'S NOT NECESSARILY WHAT THIS IS ABOUT. WHAT THIS IS ABOUT. THIS IS NOT A COURT OF LAW THAT HAS BEEN MADE VERY CLEAR THIS IS A POLITICAL PROCEEDING AND THE TRUMP DEFENSE TEAM IS SEIZING ON THAT LIST ARE. YEAH. AND YET THERE ARE LEGAL ARGUMENTS. LET'S GO TO FORMER U.S. ATTORNEY, A SENIOR FBI OFFICIAL IN AN NBC NEWS CONTRIBUTOR CHUCK ROSENBERG. >> AND NBC NEWS LEGAL ANALYST CAROL LIM WAS A FORMER US THAT REALLY THEY WERE SEEN TO BE TOO LEGAL ARGUMENTS THAT WERE PUT THERE LET YOU GUYS SPLIT IT CHUCK FIRST. TAKE ON THE FIRST AMENDMENT ARGUMENT THAT THE PRESIDENT'S ATTORNEYS MAKING NEWS WITH A SOLID ONE WAY TO WHERE YOU SEE HOLES IN IT. IF THERE ARE.

>> I DON'T THINK IT'S A SOLID ONE AT ALL. AND I THINK THERE'S A SIGNIFICANT HOLE IN IT. LESTER, LET ME GIVE YOU AN EXAMPLE. IMAGINE THAT ON MARTIN LUTHER KING DAY PRESIDENT, FORMER PRESIDENT TRUMP DECIDED TO PUT ON KLUX ROBE AND THEN NOT SEE A ARMBAND AND MARCH DOWN PENNSYLVANIA AVENUE. IS THAT PROTECTED BY THE FIRST AMENDMENT. ABSOLUTELY. ABSOLUTELY CLEAR. NO QUESTION ABOUT IT. WOULD THAT BE IMPEACHABLE OF COURSE IT WOULD BE IMPEACHABLE FOR A WHOLE BUNCH OF REASONS, INCLUDING THAT THE SENATE HAS THE SOLE POWER TO TRY ALL CASES OF IMPEACHMENT AND THE HOUSE HAS THE SOLE POWER TO IMPEACH OR HIGH CRIMES AND MISDEMEANORS, WHICH WE KNOW INCLUDES PUBLIC MISCONDUCT AND SO.

FIRST AMENDMENT ARGUMENT REFERENCE, THE 1969 SUPREME COURT CASE OF BRANDENBURG VERY IMPORTANT CASE. FIRST AMENDMENT JURISPRUDENCE. IT IS INTERESTING. IT'S ALSO COMPLETELY BESIDE THE POINT. >> ALL RIGHT. LET ME TURN TO CAROL ON THE OTHER LEGAL ARGUMENT. I HEARD HIM EVEN MORE IN THERE. BUT THE IDEA THE FORMER PRESIDENT HAS BEEN DENIED DUE PROCESS. DISSECT THAT ARGUMENT FOR ME. >> WELL, THAT ARGUMENT HAS EVEN LESS MERIT AND THE FIRST AMENDMENT ARGUMENT THAT ARGUMENT. AND I THINK I'M SURE TALKING AGREE WITH AS ALL FORMER PROSECUTORS WORD. THERE IS NO DUE PROCESS RIGHT DURING AN INVESTIGATIVE STAGE. THE REPUBLICANS BROUGHT THIS UP LAST YEAR IN LAST YEAR'S IMPEACHMENT HEARING AS WELL WHEN THEY ARGUED UNFORTUNATELY INCORRECTLY THAT THEY WERE DENIED DUE PROCESS AND THE ABILITY TO TO ATTEND THE HEARINGS THAT LED UP TO THE IMPEACHMENT. BUT BUT WHEN A PROSECUTOR IS INVESTIGATING A CASE AND DETERMINING WHETHER TO BRING CHARGES AS IS THE HOUSE'S ROLE IN THE IMPEACHMENT THERE'S SIMPLY NO DUE PROCESS ALLOW INTENDED JAMIE NOTED YESTERDAY. SOMETIMES THAT OPPORTUNITY IS PRESENTED TO THE PERSON MIGHT BE IMPEACHED, BUT IT DOES NOT HAVE TO BE THERE WAS TIME PRESSURE HERE AND THERE IS ALSO PROBABLY MORE IMPORTANTLY JUST A LOT OF PUBLIC EVIDENCE IN THIS CASE THERE WAS NO SECRET ABOUT WHAT WAS BEING INVESTIGATED OR WHAT THE EVIDENCE WAS.

FRANKLY. SO. TO THAT THAT WAS SIMPLY NOT OF MARE MERITORIOUS ARGUMENT. YEAH. I MEAN, THE PRESIDENT'S LAWYERS WILL ARGUE WHEN THEY DID ARGUE THAT SURVEILLANCE TAPES WHICH WERE REVEALED FOR THE FIRST TIME WORK PRESENTED TO THE. >> THE DEFENSE AHEAD OF TIME AS YOU WOULD IN A TRIAL WITH DISCOVERY. THAT IN ITSELF UNDERMINE DUE PROCESS. >> YOU KNOW, THEY'RE THE RULES ARE WHAT THE RULES ARE, WHAT THE SENATE DECIDES THE WALLS ARE IN A CRIMINAL COURT OF LAW OR EVEN A CIVIL COURT OF LAW THERE. THERE ARE MANY, MANY ROLES AND A LOT OF CASE LAW THAT THAT IS IMPOSED BY COURT IN THE WAKE OF LAWS BEING PASSED AND PEOPLE HAVE TO ABIDE BY THOSE RULES.

IN THIS CASE THERE ARE SIMPLY NO, NO RULES GOVERNING DISCOVERY. IF IF IS THE DEFENSE WANTED TO SHOW VIDEOS AS AS THEY DID THAT OTHERS HAD NOT SEEN BEFORE. NO THERE'S NO THERE'S NO RULE GOVERNING THAT. AND WHEN WE TALK ABOUT PRESIDENT IN AN IMPEACHMENT BUT THINGS HAVE BEEN DONE PREVIOUSLY IN IMPEACHMENT HEARINGS AND THAT'S PRESIDENT. IT MAY WELL BE PRECEDENT, BUT IT IS NOT BINDING PRECEDENT. THAT'S THE POINT. THE BULLS IN THIS IMPEACHMENT OR WHAT THE RULES THAT THIS SENATE TODAY SAYS ARE THE RULES, CHUCK. ANYTHING ELSE STAND OUT TO YOU IN FIRST PART OF THE DEFENSE'S CASE.

>> I'M NOT SURE WE HAVE CHUCK WITH US ANYWAY. WE AND WE SHOULD NOTE OF THE OTHERS ARE. THEY ARE GOING CHECK. >> YEAH, NO, I WOULD ADD ANOTHER POINT. WHAT CARROLL SAID. AGREE WITH HER. IT WAS INTERESTING TO HEAR THE DEFENSE TEAM ARGUED THAT THEY WERE DENIED DUE PROCESS. REMEMBER, THIS IS THE SAME DEFENSE TEAM THAT MET WITH JURORS SENATORS TO MAP OUT TRIAL STRATEGY. NOW THAT'S A REMARKABLE THING, CAROL AND I WERE FEDERAL PROSECUTORS. YOU DON'T EVEN LOOK AT WHEN YOU ARE NOT IN THE COURTROOM. YOU DON'T TALK TO THEM.

IF YOU PASS HIM IN THE YOU GET TO THE OTHER SIDE OF THE HALL. IF AN ELEVATOR DOOR OPENS AND THERE'S A JUROR IN IT. YOU DON'T GET ON THE ELEVATOR AND YET THESE DEFENSE LAWYERS WHOM ARE COMPLAINING ABOUT VIOLATIONS OF DUE PROCESS ARE MAPPING OUT TRIAL STRATEGY WITH >> ALL RIGHT. YOU HAVE THE RIGHT SIDE OF YOUR SCREEN. WE SHOULD KNOW THESE ARE JUST PICTURES OF THE QUARTER IS OUTSIDE THE SENATE CHAMBERS AND JUST SOME OF THE COMINGS AND GOINGS OF FACT OF THE SENATORS AND THEIR STAFF DURING THIS BRIEF BREAK. I WANT TO GO TO CHIEF WHITE HOUSE CORRESPONDENT KRISTEN WELKER RIGHT NOW. WHAT WE HAVE A MOMENT. A CHRISTIAN. THE PRESIDENT HAS MADE IT CLEAR.

BUT RIGHT NOW HIS FOCUS IS ON ON COVID. ANOTHER PRESSING MATTERS. TO THE EXTENT HE'S ACTUALLY WATCHING THIS PHYSICALLY, I GUESS IS AN OPEN QUESTION, BUT HOW CLOSE ARE THEY FOLLOWING ALL THIS. >> WELL, THEY ARE FOLLOWING IT LESTER AND HEADING INTO THIS WEEK. PRESIDENT BY HIS TOP ADVISERS HAVE SAID THAT HE WAS GOING TO KEEP THE FOCUS ON THE FIGHT AGAINST COVID-19 REALLY ONLY WEIGHING IN ON THAT MATTER.

BUT AS WE HAVE GOT MORE DEEPLY INTO THIS TRIAL. THE PRESIDENT IS INCREASINGLY WEIGHING IN ON THE MATTER. IT HAPPENED AGAIN EARLY THIS MORNING. HE AND THE FIRST LADY CAME OUT TO TOUR THIS VALENTINE'S DISPLAY THAT IS SET UP HERE ON THE NORTH LAWN BEHIND ME. AND WHEN HE WAS ASKED ABOUT THE IMPEACHMENT TRIAL. THE PRESIDENT SAID HE'S ANXIOUS TO SEE WHAT HIS REPUBLICAN FRIENDS WILL DO. WILL THEY QUOTE, STAND UP. AND OF COURSE, THAT COMES ON THE HEELS YESTERDAY. LESTER OF MY ASKING HIM IN THE OVAL OFFICE ABOUT THE NEWLY REVEALED VIDEOS THAT WE ALL SAW THIS WEEK OF THAT ATTACK AGAINST THE CAPITAL AND PRESIDENT BIDEN RESPONDED TO THAT BY SAYING THAT HE THINKS IT COULD SWAY SOME MINES. AND NOW JUST MOMENTS AGO IN THE PRESS BRIEFING ROOM, JEN PSAKI WHO'S THE WHITE HOUSE PRESS SECRETARY WEIGHED IN AGAIN ON THE MATTER. SHE SAID THAT IT'S ALL A REMINDER OF WHY THIS CAN'T HAPPEN AGAIN AND THAT THE PRESIDENT WANTS HIS REPUBLICAN COLLEAGUES TO TAKE THEIR RESPONSIBILITY VERY SERIOUSLY.

SO THAT IS THE TONE THAT IS COMING FROM THIS ADMINISTRATION. AGAIN, AS THE PRESIDENT INCREASINGLY WAYS ON WHAT WE'RE SEEING ON CAPITOL HILL NOW HE'S ALSO TRYING TO KEEP THE FOCUS ON HIS AGENDA, ON HIS PUSH TO GET THAT 1.0. 9 TRILLION DOLLAR COVID RELIEF PACKAGE PASSED. HE HAD A BIPARTISAN MEETING WITH GOVERNORS AND MAYORS EARLIER TODAY. AND THAT WAS THE KEY FOCUS LEICESTER. HE WANTS IT TO PASS WITH BIPARTISAN SUPPORT AND INCREASINGLY LOOKS LIKE THAT MIGHT NOT HAPPEN. THE DEMOCRATS MAY HAVE TO GO IT ALONE. BUT NONETHELESS, THIS IS THE BACKED OFF THIS IMPEACHMENT TRIAL AND THERE CONCERNS AMONG TOP WHITE HOUSE OFFICIALS THAT WHAT'S HAPPENING ON CAPITOL HILL. IF IT DOESN'T GET WRAPPED UP QUICKLY. COULD SLOW THE MOMENTUM FOR THE PRESIDENT'S LEGISLATIVE AGENDA.

NOW PUBLICLY THEY ARE NOT WEIGHING IN ON THE TIMELINE, BUT THOSE ARE THE CONVERSATIONS THAT ARE HAPPENING PRIVATELY IN TERMS OF THIS CONTINUING THROUGH THE WEEKEND. WE KNOW THAT THE PRESIDENT IS GOING TO BE AT CAMP DAVID. HIS FIRST TRIP THAT HE WILL MAKE AS PRESIDENT. HE HAS SAID HE'S NOT WATCHING THESE PROCEEDINGS AS THEY UNFOLD LIVE BECAUSE HE'S BEEN SO BUSY WORKING ON COVID-19. THAT'S THE MESSAGE FROM THE PRESIDENT. BUT CLEARLY PAYING VERY CLOSE ATTENTION TO WHAT'S HAPPENING ON CAPITOL HILL AND WATCHING THE NEWS REPORTS LAST NIGHT, DAVID SHOW THEY'RE ONE OF THE PRESIDENT'S LAWYERS ARE MAKING HIS WAY BACK TOWARD THE CHAMBER'S. KRISTEN, THANK YOU.

JOINING ME NOW IS JONATHAN CAPEHART. >> MOST OF THE SUNDAY SHOW ON MSNBC AND ALSO NBC NEWS POLITICAL ANALYST AND EDITOR OF THE NATIONAL REVIEW. RICH LOWRIE LOWRY, A GENTLEMAN. A GOOD TO HAVE YOU BOTH HERE. LET ME START WITH YOU. >> AS JONATHAN JUST CHECKING OFF SOME OF IT. THE KEY WORDS AND IN THE FIRST FEW MINUTES OF THE DEFENSE PRESENTATION AND CANCEL CULTURE, WITCH HUNT. ELIZABETH THESE ARE OBVIOUSLY NAMES THAT SPARKED A LOT OF EMOTION AMONG THE PRESIDENT'S BASE HOW KEY WAS AT THAT THEY QUICKLY WENT THERE. >> I THINK IT'S KEY LESTER BECAUSE AND FOCUSED ON THIS IS LANGUAGE THAT APPEALS TO THE PRESIDENT'S BASE. BUT MORE IMPORTANTLY, IT IS LANGUAGE THAT HAS COME OUT OF THE FORMER PRESIDENT'S OWN MOUTH. AND SO THE ENTIRE PRESENTATION OF THE DEFENSE. I KEPT THINKING THE THINGS THAT I ALWAYS THOUGHT DURING DONALD TRUMP'S PRESIDENCY. WHENEVER ANY OF HIS OFFICIALS WERE SPEAKING UP SENSIBLY TO THE PUBLIC. YOU ALWAYS GOT THE SENSE AND EVENTUALLY YOU ALWAYS KNEW THAT THOSE OFFICIALS WE'RE SPEAKING TO AN AUDIENCE OF ONE.

THEY WERE SPEAKING DIRECTLY TO THE PRESIDENT. THEN PRESIDENT TRUMP BECAUSE THEY KNEW HE WAS WATCHING. THEY KNEW HE WAS LISTENING AND THEY KNEW THAT THEY WOULD BE BUR RATED IF THEY DID NOT HEW TO THE LINES AND THE ARGUMENTS THAT HE WANTED OUT THERE. AND SO WHEN CANCEL CULTURE WAS SAID WHEN WITCH HUNT WITH SAID BARELY 2 MINUTES INTO THEIR PRESENTATION. LIGHT BULB WENT OFF IN MY HEAD IS THAT THEY'RE NOT REALLY TALKING TO THE SENATORS. THEY'RE NOT EVEN TALKING TO THE AMERICAN PEOPLE IN THE WAY THAT THE HOUSE IMPEACHMENT MANAGERS, THEY ARE TALKING TO DONALD TRUMP. AND WE KNOW THAT DONALD TRUMP IS WATCHING BECAUSE THE PRESS REPORTS ABOUT HOW ANGRY HE WAS ON THE FIRST DAY OF THE TRIAL WHEN THE ARGUMENTS WERE GOING BACK AND FORTH OVER THE CONSTITUTIONALITY OF THE ACTUAL TRIAL AND HOW ANGRY HE WAS WITH HIS LAWYER, MISTER CASTOR, WHICH IS WHY WE HAVE NOT SEEN HIM TODAY. SO IT'S AN AUDIENCE OF ONE HAS ALWAYS BEEN AND APPARENTLY WILL CONTINUE TO BE YET. RICH WEIGH IN ON THAT. FOR ME TO SAY IT'S AN AUDIENCE FOR ONE.

BUT IF YOU'RE A REPUBLICAN MEMBER OF THE SENATE HAS BEEN FEELING REALLY QUEASY. >> ABOUT ALL THIS DOES ANYTHING YOU'VE THE FIRST PART OF THIS DAY WOULD MAKE YOU FEEL BETTER ABOUT ACQUITTED. >> YES. NOW, OBVIOUSLY THEY'RE THROWING OUT A LOT OF FLACK AND THEY ARE CONCERNED WITH THE PRESIDENT TRUMP WHAT HE THINKS OF EVERYTHING THEY'RE SAYING.

I THINK THAT THE KEY THING TO FOCUS ON IS WHAT I BELIEVE IS THE DEFECT IN THE ARTICLE OF IMPEACHMENT, WHICH STRONGLY IMPLIES THAT DOESN'T EXPLICITLY STATE THAT THE PRESIDENT HAD THE INTENT FOR THESE PROTESTERS TO RANSACK THE CAPITAL. THAT'S AT THE HEART, THE ARTICLE AND I DON'T BELIEVE THAT'S TRUE. AND I CERTAINLY DON'T BELIEVE IT'S IT WAS PROVEN. AND I THINK AT THE END OF THE PRESIDENT'S DEFENSE RIGHT FOR THIS BREAK.

THAT WAS THE THE POINT OF THE EMPHASIS ON THE WORD FIGHT BECAUSE DEMOCRATS SAY, LOOK, HE SAID FIGHT YOU KNOW, I LIKE HOW HE WANTED THEM TO GO BEAT UP POLICE OFFICERS AND TRY TO RUN DOWN AND HANG MIKE PENCE AND THE PRESIDENT'S LAWYERS ARE SAYING NO, EVERYONE USES THAT WORD. IT'S IT'S KIND OF MARSHAL IMAGERY THAT'S COMMON IN OUR POLITICAL DISCOURSE. SO YOU CAN'T HANG INTENT ON THAT. SO I BELIEVE THAT THIS IS AGAIN, THIS IS THE DEFECT IN THE ARTICLE. I THINK DEMOCRATS IN THE HOUSE TO TAKE MORE TIME WITH IT THOUGHT ABOUT IT MARINATE IN THE FACTUAL RECORD.

MORE. THEY THEY WOULD HAVE WRITTEN IT DIFFERENTLY. THEY ALSO TO BLAME OR THE THINGS THEY CAN PUT IN THE ARTICLE WITHOUT STRETCHING TO SOMETHING THAT CAN'T BE PROVEN. AND I THINK IS FACTUALLY INCORRECT. LET ME BRING CHUCK TODD ANDREA MITCHELL ISRAEL AT ITS SHOCK. >> I DON'T KNOW HOW MANY TIMES WE HEARD THE WORD FIGHT. BUT DID THEY EFFECTIVELY TAKE THE STING OUT OF THE WORD. WE HEARD IT OVER THE LAST COUPLE OF DAYS FROM THE HOUSE MANAGERS FROM THE PRESIDENT'S MOUTH TRY TO CREATE THAT LINK IT TO HIS TELLING THEM TO GO FIGHT AT THE CAPITOL HEARING IT AND PRESENTED IN THIS WAY WITH THE DRAMATIC MUSIC BEHIND IT AND THE BEATING DRUMS. DID THAT CHANGE TAKES SOME OF THE STING OUT OF THE WORDS.

>> WELL, WHAT THEY WANT TO DO. I THINK IT AND IN FACT, I THINK IT'S EVEN MORE NARROW THAN THAT, LESTER WITH THE MOTIVE IS IT'S TO MAKE THE FOCUS. THE SPEECH ITSELF. THEY WANT THE JANUARY 6 SPEECH ITSELF IN ISOLATION. THEY WANT THAT TO SAY, WELL, THAT WASN'T YOU CAN'T POINT TO JUST THAT NOW, OF COURSE THAT'S NOT THE DEMOCRATIC HOUSE MANAGERS CASE. THEY PAY. THEY HAVE CASE WHERE THEY'RE SAYING, HEY, THIS WAS THIS WAS A FIVE-YEAR CAMPAIGN AND CERTAINLY A 30 DAY EFFORT TO SORT OF PLAN MAKE THIS HAPPEN. BUT I DO THINK THE WHOLE POINT OF THE FIGHT MONTAGE WAS TO TRY TO SAY, HEY, DON'T PAY ATTENTION TO THIS TO THE OTHER ARGUMENTS JUST PAY ATTENTION TO THAT SPEECH. SO I DO THINK IT BOTH EXPOSES THEIR OWN DEFENSE FLAWS. IT'S HARD TO DEFEND AGAINST MUCH OF WHAT THE HOUSE IMPEACHMENT MANAGERS OF LAID OUT.

SO THEY'RE TRYING TO FIND THE NARROWEST PATH THAT THEY THINK THEY CAN FIND SOMETHING THAT'S, YOU KNOW, A FIG LEAF TO DEFEND THEMSELVES WITH. SO. DILUTING THE WORD FIGHT IS ABOUT THE BEST THEY COULD COME UP WITH AND ANDREY. WE JUST SENATOR MITCH MCCONNELL WALK BY THE CAMERA THIS THIS TRIAL IS MOVING AT A VERY QUICK PACE. IF WE IF WE UNDERSTAND, RIGHT, DEFENSE IS GOING TO WRAP UP HERE WITHIN THE NEXT HALF HOUR OR 2. >> AT WHAT POINT ARE REPUBLIC PUBLICANS GOING TO NEED TO HEAR FROM MITCH MCCONNELL ABOUT WHERE HE'S GOING. >> SOME OF THEM MAY ALREADY HAVE HEARD FROM HIM, ALTHOUGH HE'S BEEN BLEAK. SAY THE LEAST. BUT THERE WAS A GAGGLE, A GATHERING OF SOME OF THE MORE MODERATE CONSERVATIVE REPUBLICANS MCCONNELL THAT CASEY AND OTHERS NOTED DURING THE SENSES YESTERDAY AND SO HE MAY BE SIGNALING TO SOME OF HIS ALLIES. SENATOR THUNE, IS IT SCARED HIM, OF COURSE, IS THE NUMBER 2 IN THEIR IN THEIR POCKETS. SO THEY MAY ALREADY UNDERSTAND WHERE HE'S GOING AND THEY THERE'S NO ONE REALLY. THINKS THAT 17 REPUBLICANS WILL VOTE TO CONVICT, BUT THERE MAY BE MORE THAN THE 5 OR 6 THAT WE'RE SUGGESTING IF BOOK DOESN'T SOME OF THESE OTHER REPUBLICAN TO DO HAVE QUESTIONS.

I THINK THE QUESTIONS ACTUALLY THAT ARE ASKED BY THE CENTERS WILL GIVE US A PRETTY GOOD AS TO WHAT THEY WANT TO ASK FROM EACH SIDE SORT OF POINT OUT ALSO SOMETHING INTERESTING THAT THE SAME SUPREME COURT CASE WAS CITED BY BOTH SIDES, JAMIE RASKIN AND BY THE DEFENSE. ON OPPOSITE SIDES OF THE ARGUMENT ABOUT THE FIRST AMENDMENT FREE SPEECH PRIVILEGE AND IT DOESN'T INVOLVE ADJUSTING LEE MEN IN CLARENCE BRANDENBURG COUP IN 1964 AFTER THE LANDMARK CIVIL RIGHTS ACT WAS PASSED.

I'VE BEEN DONE. JOHNSON. THE FIRST SIGNED BY THE INDEPENDENT JOHNSON. HE WAS A KU KLUX MEMBER LEADING A RALLY IN OHIO AND HE WAS JAILED FOR INCITING RIOT AND WEARING WEARING KKK ROBES AND THE LIKE. HE WAS DEFENDED. IN A SUPREME COURT ARGUMENT BY NONE OTHER THAN ELEANOR HOLMES NORTON. THE BLACK WOMAN TO DO IS SPEAK 83 YEAR-OLD LONGTIME DELEGATE FROM THE DISTRICT OF COLUMBIA TO CONGRESS AND SHE WAS ASKED RECENTLY BY THE WASHINGTON POST ABOUT THIS AND THE SUPREME COURT UPHELD THE CASE SAYING THAT HE WAS NOT INCITING TO RIOT AND SHE SAID HAS AN ACLU LAWYER THEN AND NOW AS A FREE SPEECH PROPONENTS SHE BELIEVES THAT THAT WAS THE RIGHT CASE BECAUSE HE WAS NOT INCITING A RIOT, BUT THE COUNTER ARGUMENT MADE BY JAMIE RASKIN IS THAT PRESIDENT TRUMP WAS AND THAT WAS FROM HIS STATEMENTS BEFORE, DURING AND AFTER. SO THAT THAT SELECTIVE EDITING OF THE JANUARY 6 SPEECH BY THE DEFENSE IS VERY MUCH IN DISPUTE. >> ALL RIGHT. ANDREW THANK'S, AGAIN, WE'VE BEEN MEMBERS OF THE SENATE MAKING THEIR WAY DOWN THESE CORRIDORS AND THERE'S SOME LIKELY SOME INTERESTING CONVERSATIONS TAKING PLACE.

AND CASEY HUNT HAS BEEN OBSERVING SOME CASES. >> LESTER. THAT'S RIGHT. AND WE JUST SAW SENATOR TED GOING TO THE LBJ OFF THE SENATE FLOOR WHERE THE DEFENSE. HAS BEEN WORKING THROUGHOUT THIS TRIAL. WE SAW HIM YESTERDAY MEETING WITH DONALD TRUMP'S DEFENSE TEAM HERE AT THE CAPITOL ALONG WITH A COUPLE OF OTHER REPUBLICAN SENATORS. AND I THINK THAT GIVES YOU A WINDOW INTO HOW THEY'RE PROCEEDING HERE BECAUSE. THE REALITY I THINK THERE WAS A SENSE IT WOULD BE HARD FOR THE DEFENSE TEAM TO DO WORSE THAN THEY DID IN THEIR OPENING ARGUMENTS. THEY WERE WIDELY PANNED CRITICIZED BY REPUBLICANS AS BEING ON FOCUSED. OF COURSE, WE'VE REPORTED OUR WHITE HOUSE TEAM HAS THE PRESIDENT TRUMP, FORMER PRESIDENT TRUMP WAS NOT PLEASED WITH THEIR PRESENTATION. SO CLEARLY, THEREFORE THERE WERE SOME WHO'VE FELT A NEED TO MAKE SURE THAT THEY WERE INVOLVED HERE AND YOU KNOW WHAT YOU'VE SEEN I THINK IS AN ATTEMPT TO PUSH EVERYONE BACK INTO THEIR PARTISAN CORNER THERE ARE REMINDERS TO PEOPLE WATCHING WEATHER. A BABY IN PARTICULAR, TRUMP SUPPORTERS THAT THE THESE ARE YOUR ENEMIES, THE MEDIA, THE THE WAY THAT THEY ARE BEING HYPOCRITICAL TOWARD YOU THAT YOU ARE THE VICTIM OF THEIR MANIPULATION.

THOSE ARE THEMES THAT REALLY HIT MANY OF THE CULTURE CULTURE, WAR ITEMS THAT MANY OF THE REPUBLICANS CERTAINLY LIKE TED CRUZ OFTEN A PUSH ON AS AT WHEN THEY APPEAR ON PLACES LIKE FOX NEWS ARE OR NEWSMAX. SO I THINK YOU'RE SEEING THAT PLAY OUT IN REAL TIME AND THE QUESTION I FOR ME IS OKAY. WE'VE SEEN ALL THIS PLAY OUT. BUT THE REALITY IS THE ACTIONS THAT WERE TAKEN IN THE WAKE OF WHAT PRESIDENT TRUMP SAID. HAVE NOT BEEN THE FOCUS OF THE THE DEFENSE TODAY AND THE REALITY IS WE'RE STILL LIVING HERE AT THE CAPITOL WITH ALL OF THE IMPACTS OF THAT. I MEAN, THERE ARE NATIONAL GUARD TROOPS IN THE TUNNELS UNDERNEATH THESE BUILDINGS. HUNDREDS OF THEM GUNS THAT YOU ARE VERY FRANKLY JARRING TO SEE THERE'S RAZOR WIRE AROUND THE ENTIRE COMPLEX. THE ROADS ARE STILL CLOSED.

IT'S HARD TO DRIVE DOWN THOSE BROAD AVENUES HERE IN WASHINGTON, DC ALONG THE MALL THAT'S SUPPOSED TO BE YOU KNOW, A DEMONSTRATION OF OF DEMOCRACY THAT THAT THE WASHINGTON MONUMENT, THE LINCOLN MONUMENT AND OF DOWN AT THIS TIME THAT THE CAPITAL OF THE UNITED STATES. AND THAT'S ALL BECAUSE OF THE ACTIONS THAT WERE TAKEN IN THE WAKE OF WHAT PRESIDENT TRUMP DID. AND I I ALSO THINK IT SHOWS YOU WHY THE HOUSE MANAGERS SET UP THEIR ARGUMENTS THE WAY THEY DID. THEY STARTED WELL BEFORE JANUARY 6 TO SHOW HOW WHAT THE PRESIDENT DID IN THE LEAD-UP TO THAT SPEECH THAT HE MADE. WE'RE ALSO RELEVANT TO THIS ARGUMENT ABOUT INCITEMENT. SO AGAIN, THE QUESTION IS ARE THERE ANY REPUBLICANS THAT ARE GOING TO BE CONVINCED.

HERE IS THERE. COVER THAT THE DEFENSE TEAM CAN GIVE TO REPUBLICANS TOO. DON'T WANT TO VOTE TO ACQUIT THE PRESIDENT. BUT YOU ARE FEELING A CONFLICTED ARE TROUBLED ABOUT IT. AND YOU KNOW THAT I THINK IS THE IS THE ONE ANSWER THAT'S STILL OUTSTANDING. WE'VE HAD A LITTLE BIT OF PRAISE FOR THE REPUBLICAN PRESENTATION TODAY FROM PEOPLE LIKE LISA MURKOWSKI. BUT THE REALITY IS WE BELIEVE THAT WE KNOW WHERE MURKOWSKI IS GOING TO COME DOWN ON THIS AND THAT SHE IS LIKELY TO VOTE TO CONVICT THIS PRESIDENT. SO THERE'S STILL THAT BIG QUESTION HANGING OUT THERE OF WHAT MITCH MCCONNELL IS GOING TO DO. I THINK THE REPORTING THAT I'M PURSUING OVER THE COURSE OF THE NEXT FEW HOURS IS OK, HOW DID HE REACT TO WHAT HE SAW TODAY, HOW TO JOHN SOON.

HIS NUMBER 2 REACTS TO WHAT HE SAW TODAY BECAUSE I THINK THAT MAY TELL US. >> I WAS A LOT ABOUT THE NEXT 24 HOURS. YEAH. ALL RIGHT, THANK YOU. LET ME BRING IN THAT DAN GOLDMAN TO ASSIST OF THE DEMOCRATS DURING THE FIRST IMPEACHMENT OF DONALD TRUMP. THEN I WANT TO TALK ABOUT THERE'S GOING TO BE OBVIOUSLY MORE OF THE DEFENSE CASE. BUT THEN IT'S GOING TO BE THIS QUESTION AND ANSWER PERIOD. IF YOU'RE REPUBLICAN OR A DEMOCRATIC TIMES. SENATOR. RIGHT NOW. WHAT QUESTIONS HAVE BEEN AN ANSWER THAT YOU WOULD WANT TO ASK TO THIS DEFENSE TEAM. >> THERE ARE A LOT OF QUESTIONS THAT I WANT TO ASK THE FIRST WOULD BE. IF DONALD TRUMP IS NOT RESPONSIBLE FOR INSURRECTION WHY THERE'S SO MANY REPUBLICAN OFFICIALS GOING ON TELEVISION DURING THE RIOTS SAYING THAT DONALD TRUMP NEEDS TO CALL IT OFF BECAUSE HE'S THE ONLY ONE WHO'D KEN WIDE SO MANY OF THE SUPPORTERS SAYING ON PARLORS, SOCIAL MEDIA POSTINGS THAT THEY WERE THERE AT THE DIRECTION OF DONALD TRUMP.

WE REALLY HAVEN'T WHAT RICH LOWRY'S POINT IS A VERY MUCH AT ALL. WE HAVE ADDRESSED A NUMBER OF THINGS. THEY HAVEN'T ADDRESSED THE CONSTITUTIONAL ARGUMENT. THEY HAVEN'T ADDRESSED THIS INTENT ARGUMENT. I THOUGHT THE FIRST THING THAT THEY WOULD DO WOULD BE TO. CONDEMNED THE ATTACKS AND TRY TO DISTANCE DONALD TRUMP FROM THEM. THEY HAVEN'T DONE THAT YET. AND THEY HAVEN'T ADDRESSED ANY OF WHAT YOU JUST RECITED THE SORT OF BUILD UP TO THE JANUARY 6TH EVENT, WHICH IS EVERYTHING IN TERMS OF PROVING INTENT, IT'S SHOWING THERE WAS A PATTERN AND PRACTICE OF TRUMP MAKING INFLAMMATORY COMMENTS AND HIS SUPPORTERS REACTING WITH VIOLENCE THAT TRUMP WOULD THEN ENDORSE THAT INDICATED THAT HE CERTAINLY INTENDED TO INSIGHT TO PROTEST. SO THERE ARE A TON OF QUESTIONS THAT ARE ARE AN ANSWER NOW AND I'M GUESSING WILL REMAIN AFTER THIS PRESENTATION BECAUSE THEY ARE JUST TRYING TO FIND A COUPLE OF TALKING POINTS THAT CAN BE REPLAYED ON CONSERVATIVE MEDIA THAT THE SENATE REPUBLICANS CAN KLAMANN TO THAT THEY CAN THEN HANG THEIR ACQUITTAL VERDICT ON. WITHOUT TAKING, YOU KNOW, TOO MUCH HEAT.

AND I I FRANKLY EXPECT TO SEE A LITTLE BIT MORE OF SOME OF WHAT I SAID JUST NOW, BUT I BUT I THOUGHT THAT, YOU KNOW, SOME OF THE CLAIMS ABOUT MANIPULATING EVIDENCE AND THE PARTISAN TO VIE TO TALK ABOUT. UNITY AND DIVISIVENESS. YOU KNOW, YOU IT'S IT'S REALLY HARD TO HEAR THAT SORT OF THING. WHEN DONALD TRUMP HAS STILL NOT RECOGNIZE JOE BIDEN AS LEGITIMATE PRESIDENT. HE HAS STILL NOT ADMITTED THAT THE HIS BIG LIE WAS A LIE. IT'S HARD TO THEN THIS IS A DEVICE, A PROCEEDING. SO I WOULD I WOULD ANTICIPATE THAT THEY WILL GET TO MORE OF THE MEAT AND POTATOES OF WHAT THEIR ARGUMENT IS GOING TO BE. YEAH, WE'LL SEE HERE VERY SHORTLY WHEN THIS TRIAL RESUMES. DAN, THANK YOU, HOLLY LET'S TALK ABOUT THE DEFENSE TEAM AND WHAT THEIR PLAN IS FOR THE REST OF AFTERNOON. >> WELL, THEY'VE GOT MORE MEAT AND POTATOES TO GET TO IS DAN GOLDMAN JUST LAID IT'S GOING TO PRETTY SMALL PLATE BECAUSE TRUMP ATTORNEY DAVID SCHOEN IS TELLING ONE OF OUR NBC NEWS COLLEAGUES OVER ON CAPITOL HILL THAT THEY DON'T HAVE MUCH LEFT WHICH MEANS THIS IS GOING TO WRAP UP PROBABLY WITHIN THE NEXT HOUR TO PERHAPS 2 HOURS, PROBABLY MAX, WHICH MEANS WE MAY BE BARRELING TOWARD THAT SENATE Q AND A AT SOME POINT TONIGHT IN WHAT IS REALLY LESTER EXTRAORDINARILY ACCELERATED TIMELINE, ESPECIALLY CONSIDERING WHAT HAS BEEN LAID OUT NOW FROM THE HOUSE DEMOCRATIC MANAGERS.

LISTEN, NOBODY WANTS THIS TO BE DRAGGED OUT AT LEAST ON THE DEFENSE SIDE THAT HAS BEEN A VERY SPECIFIC POINT THAT HAS BEEN MADE REPEATEDLY BY THOSE ON THE FORMER PRESIDENT'S DEFENSE BUT IF THIS GOES THE RATE, WE THINK IT WILL GO. IT MIGHT BE CLOSER TO 3 HOURS EVEN THEN 4 AND THIS HAD BEEN THE PLAN AT LEAST AS OF YESTERDAY. THAT SAID AT LEAST AS OF LATE LAST NIGHT. OUR TEAM WAS REPORTED THAT THE TRUMP LEGAL TEAM WAS STILL TRYING TO PUT TOGETHER HOW THEIR ARGUMENTS WOULD COME TOGETHER.

GO. WHEN THE ORDER, ET CETERA. YOU'RE SEEING SOME OF THAT NOW. YOU WILL SEE AS AS WE HEARD THE VERY TOP OF THE DEFENSE TEAM PRESENTATION. BRUCE CASTOR HU IS THAT THAT THAT SO IRRITATED FORMER PRESIDENT TRUMP BASED ON THE SOURCES THAT I'VE TALKED TO OUR TEAM IS TALK TO WHEN HE SPOKE EARLIER IN THE WEEK. SO THAT IS SOMETHING TO KEEP AN EYE BUT AGAIN, IT DOES LOOK LIKE WE MAY BE HEADED TO OF COURSE, IT'S UP TO THE SENATE TO DECIDE WHAT HAPPENS. WHEN DO THEY WANT TO PAUSE COME BACK TOMORROW FOR BUT GIVEN SORT OF THE DESIRE AT LEAST ON THE PART OF MANY SENATE REPUBLICANS TO GET THROUGH THIS. IT SEEMS LIKE THAT'S WHERE WE'RE GOING HERE LESTER.

YEAH. AND WE SHOULD NOTE, OF COURSE, THE HOUSE MANAGERS DID NOT USE. THERE ARE A LOT OF COMING UP 5 OR 6 HOURS. >> A SHORT OF THAT WITH WHAT THEY WERE ALLOCATED. LET'S GO TO CHIEF WHITE HOUSE CORRESPONDENT KRISTEN WELKER RIGHT NOW. KRISTEN, WHAT SORT OF REACTION ARE YOU GETTING TO WHAT WE HAVE SEEN THUS FAR. >> WELL, FORMER PRESIDENT TRUMP'S ALLIES BELIEVE THIS HAS BEEN A VERY STRONG PRESENTATION SO FAR BY THE LEGAL TEAM.

THEY THINK THAT THIS WAS AN IMPORTANT RESET FROM EVERYTHING THAT HALEIGH WAS JUST TALKING ABOUT THAT FIRST APPEARANCE BY THE LEGAL TEAM WHICH DISAPPOINTED THE FORMER PRESIDENT. AND SO NOW THEY WATCH AND WAIT TO SEE WHAT HAPPENS IN THESE FINAL REMAINING HOURS. I DO THINK LEICESTER IT'S WORTH TAKING A STEP BACK AND NOTING THAT ALL OF THIS IS UNFOLDING AGAINST THE BACKDROP OF A REPUBLICAN PARTY THAT IS SHARPLY SPLINTERED RIGHT NOW. WE KNOW THAT JUST 6 REPUBLICAN SENATORS VOTED TO SAY THAT, YES, THESE PROCEEDINGS WERE EVEN CONSTITUTIONAL. SO THAT, OF COURSE GIVES US A POTENTIAL INDICATION OF WHAT WE MIGHT SEE IN A FINAL VOTE. BUT BEHIND THE SCENES, THERE'S A LOT MORE DISCORD. WE KNOW THAT THERE ARE A NUMBER OF REPUBLICANS TO, FOR EXAMPLE, MIGHT VOTE TO ACQUIT FORMER PRESIDENT TRUMP.

BUT TO STILL FEEL LET DOWN BY HIS BEHAVIOR ON JANUARY 6TH AND TODAY THESE STUNNING QUOTES THAT WE ARE GETTING FROM FORMER PRESIDENT TRUMP'S UN AMBASSADOR NIKKI HALEY HAS SAID IN AN INTERVIEW. LESTER, LET ME JUST READ YOU SOME OF WHAT SHE SAID. SHE WAS ASKED ABOUT THE FORMER PRESIDENT'S WORDS AND ACTIONS ON THAT DAY. SHE SAID WE NEED TO ACKNOWLEDGE HE LET US DOWN. HE WENT DOWN A PATH. YOU SHOULDN'T HAVE. >> AND WE SHOULDN'T HAVE FOLLOWED HIM. WE SHOULDN'T HAVE LISTENED TO HIM AND WE CAN'T LET THAT EVER HAPPEN AGAIN WHEN SHE WAS ASKED IF SHE THOUGHT MISTER TRUMP COULD RUN FOR OFFICE AGAIN. SHE SAYS SHE DOESN'T. SHE THINKS HE'S FALLEN TOO FAR. NOW WE HAVE REACHED OUT TO PEOPLE IN MISTER TRUMP'S INNER CIRCLE TO TRY TO GET REACTION TO THAT. SO FAR. WE HAVEN'T BEEN ABLE TO MOVE ALSO, OF COURSE, REACHED OUT TO NIKKI HALEY. IT IS WORTH NOTING SHE SOMEONE HAS HER OWN EYES ON A POTENTIAL RUN IN 2024, BUT IT DOES UNDERSCORE WHAT IS HAPPENING HERE WITHIN THE REPUBLICAN PARTY.

YOU HAVE PEOPLE CHOOSING SIDES ABOUT WHAT HAPPENED ON JANUARY 6TH AND ABOUT FORMER PRESIDENT TRUMP. NOW, IF YOU LOOK AT THE POLLS, HE IS STILL VERY POPULAR WITHIN THE REPUBLICAN PARTY. HE STILL HAS A VERY STRONG BASE OF SUPPORT. AND SO ANYONE WHOM WANTS TO RUN IN 2020 FOR LEICESTER'S GOING TO HAVE TO CONTEND WITH THAT. AND THAT'S PART OF THE POLITICAL BOX. THE NUMBER OF THESE REPUBLICAN SENATORS FIND THEMSELVES IN RIGHT NOW. BUT AGAIN, JUST REMARKABLE COMMENTS COMING FROM FORMER PRESIDENT TRUMP'S FORMER UN AMBASSADOR NIKKI OF COURSE, LEFT LONG BEFORE THE TRUMP PRESIDENCY WAS OVER LEICESTER IN PART, IT WAS THOUGHT AT THE TIME TO TRY TO DISTANCE HERSELF FROM A VERY CONTROVERSIAL FIGURE HU IS NOW INCREASINGLY MORE CONTROVERSIAL. ALL RIGHT, KRISTEN, THANK YOU. WANT TO BRING CHUCK TODD BACK INTO THE CONVERSATION AND I CAN CHECK. >> I'M LESS. I MISS IT. THEY DIDN'T REALLY ADDRESSED IN A BIG WAY WHAT THE DEMOCRATS HAVE BEEN HAVE BEEN LABELING THE BIG LIE. THE PRESIDENT'S THE ELECTION HAD BEEN STOLEN.

IT SEEMS A LITTLE AWKWARD. THE YOU'VE GOT, YOU KNOW, REPUBLICANS IN THOSE CHAMBERS TO BOUGHT INTO SUPPORTED THIS DO YOU EXPECT THAT THE DEFENSE IS GOING TO TAKE THAT MOVE PAST IT. >> LESTER. I THINK THAT THEY WOULD CLAIM THEY ALREADY TOOK IT ON. I THINK THAT THEY'RE IN THEIR OWN. WHAT ABOUT AS A WAY THAT WAS THE POINT OF PUTTING HILLARY CLINTON UP THERE. THAT WAS THE POINT OF TALKING ABOUT JAMIE RASKIN BEING ONE OF THOSE ROSE TO CHALLENGE THE ELECTORS IN 20 SIN, 1/6/2017. SO I THINK THAT IS THEIR ATTEMPT TO TRY TO DILUTE THAT AS WELL. BUT LOOK, YOU KNOW, THEY'RE ALREADY HAVING REAL TROUBLE HERE. THEIR FIRST 2 HOURS OF PRESENTATION ISN'T HOLDING UP WELL UNDER FACT CHECKS APPARENTLY THEY CLAIMED SOMEHOW THEY DIDN'T GET THE THOSE VIDEOS BEFOREHAND. WELL, IT TURNS OUT THEY DID. AND I DO WANT TO REMIND FOLKS ONE OTHER THING. THERE'S THIS CONVERSATION ABOUT DUE PROCESS.

DID THEY GET THEIR DUE PROCESS. WELL. THE HOUSE IMPEACHMENT MANAGERS HAVE A VERY IMPORTANT REPUBLICAN ALLY ON THEIR SIDE ON THIS QUESTION. AND IT'S MITCH MCCONNELL WHEN BOTH MCCONNELL AND SCHUMER AGREED TO THE RULES OF THE TRIAL. HERE'S A LOOK. CONNELL SAID IN A STATEMENT, REPUBLICANS SET UP TO ENSURE THE SENATE'S NEXT STEPS WILL RESPECT FORMER PRESIDENT TRUMP'S RIGHTS AND DUE PROCESS. THE INSTITUTION OF THE SENATE AND THE OFFICE OF THE PRESIDENCY THAT GOAL HAS BEEN ACHIEVED THIS IS A WIN FOR DUE PROCESS AND FAIRNESS. THOSE ARE THE WORDS OF MITCH MCCONNELL. ABOUT THE RULES OF THIS TRIAL. SO IT IS A MOST FOUNDATIONAL UNDERMINING OF THEIR DUE PROCESS ARGUMENT THAT LEICESTER. I'M GLAD YOU BROUGHT THAT. I WAS. I WANT TO BRING OUT A RICH LOWRY BACK INTO AND TALK A LITTLE MORE ABOUT. >> MITCH MCCONNELL AND WHAT INFLUENCE HE STILL WIELDS HERE.

YEAH. OBVIOUSLY KEY AN INTERESTING PLAYER AND. >> NEVER THOUGHT CONVICTION WAS IN THE CARDS LESTER. EXCEPT FOR THAT WAS THAT THAT MOMENT COUPLE DAYS WHEN THERE IS A LEAK FROM MCCONNELL'S TEAM, VERY DELIBERATE, VERY CALCULATED TO NEW YORK TIMES SAYING THAT HE IS GLAD THE TRUMP WAS WAS GETTING IMPEACHED BY THE HOUSE. HE DIDN'T KNOW WHAT IS GOING TO COME DOWN ON CONVICTION. AND I THINK THAT WAS MCCONNELL KIND OF TESTING THE WATER SEEING.

IF SOMETHING WOULD BREAK LOOSE WITHIN US HIS OWN CAUCUS AND YOU GET MORE THAN THE 5 VOTES ARE PROBABLY GOING TO GET FOR CONVICTION WHETHER BE A HIGHER NUMBER. I THINK THAT WAS A HIGHER NUMBER THAT MCCONNELL PROBABLY WOULD HAVE JOINED IT. I THINK ITS CALCULATIONS PROBABLY HAVE CHANGED. NOW THAT YOU REALIZE IS AS THE LEADER THAT HE CAN'T BE ONE OF 6. YOU KNOW, HE COULD BE ONE OF THE 12 1 TO 17. BUT 1, 6, WOULD BE AWKWARD FOR HIM AND THEN AND THEN I IMAGINE I'M GUESSING ALSO HAS EYE TO FUTURE POLITICAL FIGHTS WITH THE TRUMP FORCES IN REALIZES VOTING CONVICT THEM MAKING VERY RADIOACTIVE FOR A LOT OF VOTERS. ALL RIGHT, RICH, THANK YOU. SENATOR LEAHY IS BACK. AND SO WE'RE TRYING TO NATION. >> TRIAL RESUMES. MISTER CASTOR'S RECOGNIZED. MISTER PRESIDENT. IT SCARES OF THE SENATE THAT AFTERNOON. >> IT HAS BEEN MY GREAT PRIVILEGE OVER THE PAST COUPLE OF WEEKS. TO LEAD THIS OUTSTANDING TEAM OF LAWYERS. AND DEDICATED PROFESSIONALS AND THE DEFENSE. OF THE 45TH PRESIDENT OF THE UNITED STATES. ONE OF THE MOST DIFFICULT THINGS IN LEADING SUCH A TALENTED GROUP DECIDING. WHO'S RESPONSIBLE FOR WHAT.

AND THE STRATEGY AND THE ORDER IN WHICH WE WILL PRESENT OUR EVIDENCE. AND YOU HAVE HEARD FROM MISTER VAN DER VEEN AND MISTER SEAN THE IMPORTANCE OF. THE FIRST AMENDMENT AND IMPORTANCE OF DUE PROCESS OF LAW. AND BECAUSE I HAD. THE OPPORTUNITY TO SET OUT THE SCHEDULE. I DECIDED THAT I WOULD TAKE. THE LAST. SUBSTANTIVE PART OF THE CASE FOR MYSELF. YOU CAN TAKE THAT 2 WAYS. PERHAPS IS THE BEST. AND THAT WOULD BE THAT IT'S ALMOST OVER. THE SECOND IS THAT PERHAPS YOU HAVE TO WAIT ANOTHER HOUR FOR TO BE OVER. THE REASON WHY I CHOSE THIS SECTION AND BELIEVE ME, IT WAS A VERY DIFFICULT DECISION TO MAKE BECAUSE I THOUGHT THAT THE OTHER ARGUMENTS PRESENTED BY MISTER SHAWNA MR.

VAN DER VEEN. WE'RE OUTSTANDINGLY RESEARCH THOROUGHLY. VETTED AND WONDERFULLY AND ARTICULATELY PRESENTED BY THEM. BUT THE CRITICAL ISSUE IN THIS CASE. THE VERY NARROW ISSUE THAT IS CHARGED AGAINST THE 45TH PRESIDENT. AND THAT ISSUE IS. DID THE 45TH PRESIDENT ENGAGE IN INCITEMENT OF. THEY CONTINUE TO SAY INSURRECTION. CLEARLY THERE WAS NO INSURRECTION. INSURRECTION IS A TERM OF DEFINED IN THE LAW. IT INVOLVES TAKING OVER A COUNTRY SHES A SHADOW GOVERNMENT TAKING THE TV STATIONS OVER AND HAVING SOME PLAN. WHAT YOU'RE GOING TO DO WHEN YOU FINALLY TAKE POWER.

CLEARLY THIS IS NOT THAT. WHAT OUR COLLEAGUES HERE ACROSS THE AISLE MEANT. IS INCITEMENT TO VIOLENCE. SO THE WORD INCITEMENT IS THE CRITICAL CASE. AND THE CRITICAL ISSUE IN THE CASE. NOW, THE FIRST TIME THAT YOU HEARD FROM US. I TOLD YOU THAT YOU WOULD NEVER HEAR FROM OUR SIDE. THAT WHAT HAPPENED ON JANUARY 6TH WAS ANYTHING OTHER THAN HORRIFIC. AND THAT THE 45TH PRESIDENT OF THE UNITED STATES. AND HIS LAWYERS AND HIS ENTIRE TEAM. ADAMANTLY DENOUNCE THAT VIOLENCE BY THOSE CRIMINALS THAT OCCURRED IN THIS VERY CHAMBER. THIS VERY BUILDING. THERE WAS A REASON WHY WE STARTED OUR PRESENTATION BACK ON TUESDAY.

IN THAT WAY. BECAUSE I DID NOT. WHAT THE SENATORS TO CONSIDER THAT THERE WAS ANY CHALLENGE TO THAT PARTICULAR. AND YET. THE HOUSE MANAGERS KNOWING IT WAS NOT CONTESTED AT ALL. CHOSE TO SPEND. 14 PLUS HOURS. SHOWING YOU PICTURES OF HOW HORRIFIC THE ATTACK WHEN THE UNITED STATES CAPITOL WAS. THEY SPENT NO TIME AT ALL. IN CONNECTING. LEGALLY. THE ATTACK ON THE CAPITAL. 45TH PRESIDENT OF THE UNITED STATES WHICH IS THE ONLY QUESTION THAT NEEDS TO BE ANSWERED. >> WAS DONALD TRUMP RESPONSIBLE FOR INCITING THE VIOLENCE BECAME. TO THIS BUILDING ON JANUARY 6TH. BY ANY MEASURE. PRESIDENT TRUMP IS THE MOST PRO POLICE ANTI MOB RULE PRESIDENT. THIS COUNTRY HAS EVER SEEN. ISRAEL SUPPORTERS KNOW THIS. HE MADE IT CLEAR THROUGHOUT HIS PRESIDENCY. HE MADE IT CLEAR DURING THE VIOLENCE THIS PAST SUMMER. HE MADE IT CLEAR ON JANUARY 6TH. POLITICS CHANGES THINGS. POLITICS HAS CREATED AN INNER POSED. AN ELEMENT. THAT SHOULD NOT BE HERE. IT IS IN OPPOSE THE ELEMENT OF HATRED.

AND THE POLITICAL WORLD CHANGES WHEN HATRED BECOMES PART OF THE DYNAMIC. AS WE WROTE IN OUR ANSWER. THE ORIGINAL CHARGING DOCUMENT. AND I HOPE THAT THIS IS A PHRASE THAT LIVES ON LONG AFTER WE ARE ALL. DEPARTMENT. AND THAT I HOPE SOME DAY THIS BECOMES ENTRE. BY WHICH ALL OF US. OPERATE. HU WORK FOR THE BENEFIT OF THE PUBLIC. THAT POLITICAL HATRED HAS NO PLACE. IN THE AMERICAN JUSTICE SYSTEM. AND MOST CERTAINLY NO PLACE IN THE CONGRESS. OF THE UNITED STATES.

DEAL STRAIGHT TO CONTRAST THAT I'M SPEAKING OF. WE HAVE A VIDEO. >> AND PRESIDENT OF LAW AND ORDER AND AN ALLY OF ALL PEACEFUL PROTESTERS. >> VAST MAJORITY OF THE PROTESTS YOU >> REPUBLICANS STAND FOR LAW AND ORDER. >> AND WE STAND FOR JUSTICE. I JUST DON'T KNOW WHY THERE AREN'T UPRISINGS ALL OF THE COUNTRY. MAYBE IT WILL BE MY ADMINISTRATION WILL ALWAYS STAND AGAINST MAY HAVE. >> AND NEEDS TO BE ON THE REST OF THE STREETS FOR AS LONG AS THERE'S A REST CENTRE I STAND WITH HEROES OF LAW.

♪ >> WE WILL NEVER DEFUND OUR POLICE TOGETHER. WE WILL ENSURE THAT AMERICA IS A NATION OF LAW AND ORDER I TAKE HIM BEHIND GYM AND BEAT HELP. >> THINK YOU NEED TO GO BACK AND PUNCHED HIM IN THE FACE FEEL LIKE PUNCHING HIM. >> JUST WANT EVERYBODY WANTS THAT. I WANT TO TELL YOU. I WANT TO TELL YOU, KAVANAUGH. ♪ WE WANT LAW AND ORDER. WE HAVE TO HAVE A LOT ON HER. SHOW ME WHERE IT SAYS THE PROTESTS ARE SUPPOSED TO BE POLITE. >> AND PEACEFUL. WE BELIEVE IT'S A SECURE COMMUNITIES. WE BELIEVE IN LAW.

>> IS THERE TRULY ANYONE IN THIS CHAMBER DISAGREES WITH THE WORDS SPOKEN BY PRESIDENT TRUMP ON THAT VIDEO. SURELY NOT. SURELY NOT. THIS CONTRASTS. AND IN THIS CONTEXT. I ASK YOU TO KEEP IT. KEEP THAT IN MIND. MY COLLEAGUES HERE ACTUALLY, MIKE COLLEAGUE HERE. MR RASKIN HOPES THAT YOU DON'T. THEY HAVE USE SELECTIVE EDITING UNIT DELATED VISUALS TO PAINT A PICTURE FAR DIFFERENT FROM THIS TRUTH. MAKE NO MISTAKE. AND I WILL REPEAT IT NOW AND ANY TIME I NEVER ASKED JANUARY 6TH WAS A TERRIBLE DAY FOR OUR COUNTRY.

THE ATTACK ON THIS BUILDING SHOCKED US ALL. PRESIDENT TRUMP DID NOT INCITE OR CAUSE THE HORRIFIC VIOLENCE THAT OCCURRED ON JANUARY 6TH. 2021. THEY KNOW THAT. WE KNOW THE PRESIDENT DID NOT INCITE TO RIOT BECAUSE OF HIS PLANE WORDS THAT DAY AS MISTER VAN DER VEEN, LOU CITY ON A FEW MOMENTS AGO. WE KNOW THE PRESIDENT COULD NOT HAVE INSIDE THE RIOTS BECAUSE OF THE TIMELINE OF THE EVENTS OF THAT DAY. WE HEARD A GREAT DEAL FROM THE HOUSE MANAGER OF THE UP ABOUT THEIR PROSECUTORIAL BONA FIDES AND THEIR ABILITY TO ANALYZE.

EVIDENCE APPLY IT TO STATUTES USE TIMELINES AND FIGURE OUT WHAT HAPPENED BASED ON CIRCUMSTANTIAL EVIDENCE AND DIRECT EVIDENCE AND TESTIMONY AND. FORENSIC ANALYSIS. I CAN'T RECALL ANY. OF THE HOUSE MANAGERS. YOU GOT UP AND MAKE SOME REFERENCE TO PROSECUTORIAL BONA FIDES. WELL. I SPENT MORE THAN 3 DECADES LOCKING UP KILLERS. I DO KNOW A LITTLE BIT ABOUT FLYING THE FACTS TO THE LAW. WE KNOW THAT THE PRESIDENT WOULD NEVER HAVE WANTED SUCH A RIGHT TO OCCUR BECAUSE HIS LONGSTANDING HATRED FOR VIOLENT PROTESTERS AND HIS LOVE FOR LAW AND ORDER IS ON DISPLAY WORN ON HIS SLEEVE EVERY SINGLE DAY THAT HE SERVED IN THE WHITE HOUSE. IF WE'RE GOING TO APPLY. THE FACTS TO THE STATUTE. IT HAS TO BE DONE SYSTEMATICALLY HAS TO BE DONE WITH PRECISION. THE WAY THE COURT WOULD EXPECT US TO DO THAT. LET'S LOOK AT THE LETTER OF THE LAW. AGAIN, MISTER VAN DER VEEN GAVE YOU AN OVERVIEW OF THE BRANDENBURG CASE AND SOME OF THE RELATED CASES YOU NOTICE THAT WHEN MISTER VAN DER VEEN LISTED THE ELEMENTS THAT HE TOOK VERBATIM OR CLOSE RIGHT OUT OF AN NUMBER.

THEY BORE NO REFERENCE WHATSOEVER TO THE ELEMENTS THAT WERE FLASHED UP BY THE DEMOCRAT MANAGERS THE OTHER DAY REPEATEDLY. HE ACTUALLY USED. THE SUPREME COURT'S CASE. MAKE IT UP. LET'S LOOK AT THE LETTER OF THE LAW. THE SUPREME COURT OF THE UNITED STATES OVER 50 YEARS AGO. LAID OUT A CLEAR TEST. TO DETERMINE WHETHER SPEECH IS INCITEMENT. UNDER THAT TEST. THE BRANDENBURG VERSUS OHIO TEST. THERE ARE 3 ELEMENTS THAT MUST BE PROVEN. BEYOND A REASONABLE DOUBT BY A PREPONDERANCE OF THE EVIDENCE. WHATEVER THE SENATE CONSIDERS, I SUGGEST BEYOND A REASONABLE DOUBT. THE SPEECH IN QUESTION MUST EXPLICITLY OR IMPLICITLY ENCOURAGED THE USE OF VIOLENCE. WE'RE ALL US ACTION. BUT HERE THE PRESIDENT'S SPEECH CALLED FOR PEACEFUL PROTEST.

THE SPEAKER MUST INTEND THAT HIS SPEECH WILL. RESULT IN THE USE OF VIOLENCE. WE'RE LAWLESS ACTION. AND AGAIN AS THE BRIDGE AS MISTER VAN DER RYN POINTED OUT THE PRESIDENT CLEARLY DEPLORES RIOTERS AND POLITICAL VIOLENCE. AND DID SO THROUGHOUT HIS TERM AS PRESIDENT. AND NEVER HESITATED TO EXPRESS HIS ADMIRATION FOR THE MEN AND WOMEN TO PROTECT THIS COUNTRY. FINALLY THE 3RD ELEMENT UNDER THE BRANDENBURG TEST IS THE IMMINENT USE OF VIOLENCE IMMINENT USE OF VIOLENCE.

OTHER WORDS, RIGHT THEN. THE IMMINENT USE OF VIOLENCE OR LAWLESS ACTION MUST BE THE LIKELY RESULT OF THE SPEECH. THE LIKELY RESULT OF THE SPEECH. WELL, THAT ARGUMENT IS COMPLETELY EVISCERATED BY THE FACT THAT THE VIOLENCE WAS PREPLANNED AS CONFIRMED BY THE FBI DEPARTMENT OF JUSTICE AND EVEN THE HOUSE MANAGERS, NOT THE RESULT OF THE SPEECH AT ALL. SEVERAL OF MY COLLEAGUES IN THE HOUSE MANAGERS GOT UP AND SPOKE ABOUT THE PROCEEDING IN THE HOUSE BEING. LIKE A GRAND JURY PROCEEDING. I'VE BEEN A GRAND JURY PROCEEDINGS.

I HAVE RUN GRAND JURIES IN GRAND JURY PROCEEDINGS. YOU CALL WITNESSES. YOU HEAR EVIDENCE. YOU MAKE TRANSCRIPTS. YOU TAKE AFFIDAVITS DEVELOP PHYSICAL EVIDENCE. YOU HEAR REPORTS FROM POLICE OFFICERS HERE FORENSIC ANALYSIS FROM SCIENTISTS. IN FACT, YOU INVITE THE TARGET OF THE GRAND JURY. TO COME IN AND TESTIFY IF HE OR SHE PLEASES TO BE HEARD BY THE GRAND JURY. WHICH ONE OF THOSE THINGS. IN THE HOUSE. PRIOR TO THE IMPEACHMENT ARTICLES. I DON'T BELIEVE ANY OF THEM HAPPENED. SO THE SUGGESTION THAT WHAT HAPPENED IN THE HOUSE WAS ANYTHING AT ALL LIKE.

A GRAND JURY INVESTIGATING A CASE AND PREFERRING IT FOR PROSECUTION IS COMPLETE NONSENSE. AND AT THE HOUSE MANAGERS ARE TRYING TO FOR YOU ABOUT THAT. YOU MUST ASK YOURSELF WHAT ELSE ARE THEY TRYING TO FOOL YOU ABOUT. LET'S LOOK MORE CLOSELY AT THE PRESIDENT'S SPEECH. WE HAVE MENTIONED THIS LINE BEFORE, BUT IT IS SO CRITICAL. WE NEED TO TALK ABOUT IT AGAIN. THE PRESIDENT ASKED THAT THE ATTENDEES AT HIS RALLY PEACEFULLY MAKE THEIR VOICES HEARD. >> WILL SOON BE MARCHING OVER TO THE CAPITOL BUILDING. TO PEACEFULLY END PATRIOTICALLY MAKE YOUR VOICES HEARD. >> THE MANAGERS WOULD HAVE YOU BELIEVE. BUT THE PRESIDENT'S SUPPORTERS USUALLY FOLLOW HIS EVERY WORD. BUT IN THIS CASE IMPUTED SOME IMAGINARY MEANING TO THEM. WHILE IGNORING HIS MOST CLEAR INSTRUCTIONS. PRESIDENT TRUMP SAID PEACEFULLY AND PATRIOTICALLY. MAKE YOUR VOICES HEARD. AND THE HOUSE MANAGERS. TOOK FROM THAT GO DOWN TO THE CAPITOL AND RIOT. SO YOU ARE SUPPOSED TO PUT YOUR SELVES IN THE HEADS OF THE PEOPLE WHOM HERE PEACEFULLY AND PATRIOTICALLY MAKE YOUR VOICES HEARD AND CONCLUDE THAT NOT THAT THOSE WORDS DO NOT MEAN WHAT THE PRESIDENT SAID.

MORE THAN THAT. THE PRESIDENT CRITICIZED THE DESTRUCTION WROUGHT BY LEFT WING ANARCHISTS AND RIOTERS. HE TOLD HIS SUPPORTERS THAT THEY BUILD. THEY DON'T DESTROY. >> IF THIS HAPPENED TO THE DEMOCRATS THAT BE HELD ALL OVER THE COUNTRY GOING ON THAT HELP ALL OVER THE COUNTRY. BUT JUST REMEMBER THIS US STRONGER. YES, SPOTTER. >> YOU'VE GOT MORE GOING THAN ANYBODY AND THEY TRY MEAN EVERYBODY HAVING TO DO WITH US. AND YOU KNOW, THE REAL PEOPLE TO GET THE PEOPLE THAT BUILT THIS NATION, NOT THE PEOPLE THAT TORE IS IT POSSIBLE.

LISTENING TO THOSE WORDS IN. >> IN THE PROPER CADENCE WITHOUT THEM BEING EDITED. >> OR. >> THE SOUND CHANGED SO THAT THEY'RE INDISTINGUISHABLE WERE SOUNDS AS THOUGH THE CROWD IS RIGHT THERE BUT LISTENING TO IT AS YOU HAVE HERE ON EDITED BY US. IS IT POSSIBLE THE PRESIDENT TRUMP'S DISDAIN FOR POLITICAL VIOLENCE. COULD BE ANY CLEARER. TO THE PERSON IS LISTENING. AS HE WAS SPEAKING. POSSIBLE THAT HIS WORDS COULD HAVE BEEN MISUNDERSTOOD. I SUGGEST TO YOU. IT IS IMPOSSIBLE. NOW THE HOUSE MANAGER SAID THE PRESIDENT TOLD. >> THE CROWD. YOU HAVE TO GET OUT YOUR PEOPLE TO FIGHT. HOUSE MANAGERS CLAIM IS THAT THE PRESIDENT OF THE UNITED STATES WAS TELLING THE AUDIENCE TO GET EACH TO GET.

EACH OTHER TO PHYSICALLY FIGHT. BUT THAT IS NOT WHAT THE PRESIDENT SENT. THE PEOPLE YOU SHOULD FIGHT. HE SAID WERE MEMBERS OF CONGRESS. IF THEY DON'T FIGHT WHAT THE PRESIDENT SAID IS WHAT SHOULD THEY ARE. WHAT SHOULD THE RALLY ATTENDEES DO. MEMBERS OF CONGRESS WOULDN'T FIGHT FOR THE PRINCIPLES THEY HELD DEAR. WHAT WE'RE WHAT WAS IT THAT THE PRESIDENT SPECIFICALLY TOLD. HIS SUPPORTERS AT THAT RALLY. HE WANTED THEM TO DO. HE WANTED THEM TO SUPPORT PRIMARY CHALLENGES. NOBODY IN THIS CHAMBER IS ANXIOUS TO HAVE A PRIMARY CHALLENGE.

THAT IS ONE TRUISM. I THINK I CAN SAY WITH SOME CERTAINTY. BUT THAT'S THE WAY WE OPERATE IN THIS COUNTRY. WHEN THE PEOPLE OF THE STATE WANT TO CHANGE. THEIR REPRESENTATIVES AND THEIR SENATORS. THEY USE THE ELECTORAL PROCESS. PRESIDENT TRUMP TOLD HIS LISTENERS THAT THEIR MEMBERS OF CONGRESS WON'T FIGHT FOR THEIR VIEWS, THEN GO BACK HOME AND FIND OTHERS THAT WILL. THAT'S WHAT PRESIDENT TRUMP SAID. THE PEOPLE SHOULD WE SHOULD FIGHT WHERE THE MEMBERS OF CONGRESS. YOU HALF TO GET. >> YOUR PEOPLE TO FIGHT. HE TOLD THEM. >> HERE PEOPLE TO FIGHT. DON'T FIGHT. WE HAVE THE LOT OF THE ONES THAT DON'T FIGHT. I CAN ALREADY TELL YOU, FRANKLY. >> IT IS PRETTY STARK CONTRAST WHEN YOU WATCH THAT VIDEO ISN'T.

WHEN YOU SEE THE HOUSE MANAGER. TELL YOU. I DON'T KNOW WE'RE UNDER OATH HERE. BUT WALKED INTO THIS ROOM. I SURE AS HECK FELT LIKE WAS UNDER OATH THAT I WAS SPEAKING NOT ONLY IS SENATOR OF THE UNITED STATES. BUT BEFORE THE ENTIRE WORLD AND WITH GOD WATCHING. A HOUSE MANAGER GOT UP HERE AND TOLD YOU THAT THE PRESIDENT, THE UNITED STATES ON JANUARY, THE 6TH 2021. TOLD THE CROWD THAT THEY HAD TO GO AND FIGHT AND THE IMPLICATION THAT THEY WANTED YOU TO DRAW WAS THAT HE WAS SENDING ABOUT THE CAPITOL HILL TO GO AND.

BREACH THE BUILDING AND TRASH THE VERY SACRED HALLS OF CONGRESS. BUT WE NOW KNOW THAT IS NOT AT ALL. ANYTHING NEAR WHAT THE PRESIDENT SAID. WHAT THE PRESIDENT SAID WAS IF YOU CAN'T GET YOUR MEMBERS OF CONGRESS TO DO AS YOU WOULD LIKE THEM TO DO YOU PRIMARY THEM. THAT'S THE AMERICAN WAY. THE FIRST WAY HOUSE MANAGERS PRESENTED. AND WANTED. YOU TO CONCLUDE. THAT'S THE CRIMINAL WAY. BUT WHAT THE PRESIDENT SAID WAS THE AMERICAN WAY.

HOUSE MANAGERS MANIPULATED PRESIDENT TRUMP'S WORDS. I CAN'T STAND HERE AND PRETEND TO TELL YOU. THAT I KNOW EVERY TIME FROM ALL THOSE VIDEOS THAT THE HOUSE MANAGERS MANIPULATED WHAT THE PRESIDENT SAID. PUT UP EVIDENCE THAT WAS. WITH THE FOUNDATION OF CORRECTNESS AND ADMISSIBILITY. WE EXPECT. I CAN'T TELL YOU THAT I PICKED UP EVERYONE. I DON'T THINK MISTER VAN DER VEEN, MISTER SCHOEN OR ANY OF THE OTHERS THAT WORK WITH US CAN TELL YOU THAT. BUT WHAT I CAN TELL YOU IS THAT THERE ARE AN AWFUL LOT OF TIMES. AND I KNOW AT LEAST SOME OF YOU ARE JUDGES IN PREVIOUS LIVES. AND IF ONE OF THE LAWYERS WAS ABLE TO CREATE. THE IMPRESSION THAT ONE SIDE INTENTIONALLY PRESENTED FALSE OR MISLEADING EVIDENCE THAT JUDGE. WOULD GIVE AN INSTRUCTION CALLED FALSE UNO FALSE, FALSE IN ONE THING. FALSE OWN EVERYTHING. IN OTHER WORDS. IF THEY'RE TRYING TO FOR YOU ABOUT ONE THING. NOT ONLY MIGHT THEY BE TRYING TO FOR YOU IN SOMETHING ELSE. BUT UNDER THAT MAXIM OF THE LAW.

YOU MAY CONCLUDE THEY'RE TRYING TO FOR YOU IN EVERYTHING ELSE. PRESIDENT TRUMP WAS IMMEDIATE AND HIS CALLS FOR CALM AND RESPECT FOR LAW ENFORCEMENT. THE HOUSE MANAGERS EMPHASIZED PRESIDENT TRUMP'S TWEET IN THE 06:00PM HOUR WHERE HE TOLD CROWDS TO, QUOTE, GO HOME. YOU LOVE AND PEACE. AND REMEMBER THIS DAY. WHAT IS IT THAT THEY LEFT OUT. THE HOUSE. STARTS THERE. RECITATION OF WHAT PRESIDENT TRUMP SAID. AS FAR AS THE AFTERMATH OF WHEN THE CAPITAL WAS BREACHED AT ROUGHLY 06:00PM WHAT THEY DON'T TELL YOU AND DIDN'T TELL YOU WHAT, YOU PROBABLY DON'T KNOW. BECAUSE I THINK I'M THE FIRST ONE TO SAY IT. THIS FORM. IS THAT TO 38 PRESIDENT TRUMP URGED PROTESTERS. AT THE U.S. CAPITOL TO QUOTE, STAY PEACEFUL, PLEASE SUPPORT OUR CAPITOL POLICE AND LAW ENFORCEMENT. THEY ARE TRULY ON THE SIDE OF OUR COUNTRY. STAY PEACEFUL. AND BEFORE WE RUN THE GRAPHIC, I JUST WANT TO POINT OUT TO YOU. PRESIDENT TRUMP'S SPEECH ENDED AT ONE 11:00PM. SO AT 02:38PM BY THE TIME WORD REACHES THE PRESIDENT THAT THERE'S A PROBLEM DOWN HERE. HE'S OUT URGING PEOPLE TO SUPPORT.

THE POLICE STAY PEACEFUL. SUPPORT OUR CAPITOL POLICE AND LAW ENFORCEMENT. THEY ARE ON THE SIDE OF THE COUNTRY. STAY PEACEFUL. AT 03:13PM. PRESIDENT TRUMP URGED PROTESTERS AT THE U.S. CAPITOL TO REMAIN PEACEFUL. NO VIOLENCE. REMEMBER, WE ARE THE PARTY OF LAW AND ORDER RESPECT THE LAW AND OUR GREAT MEN AND WOMEN IN BLUE. 03:13PM. PRESIDENT TRUMP'S WORDS COULDN'T HAVE BEEN CITED THE RIGHT AT THE CAPITOL. THE DAY'S EVENTS MAKE THIS CLEAR. LET'S WALK THROUGH THE ACTUAL TIMELINE. AT 11:15AM, POLICE SECURITY CAMERA VIDEO SHOW CROWDS FORMING AT FIRST STREET NEAR THE CAPITOL.

REFLECTING POOL. THIS IS A FULL 45 MINUTES BEFORE PRESIDENT TRUMP EVEN TOOK THE STAGE ON JANUARY 6TH. LET ME REPEAT THAT. VIOLENT CRIMINALS WERE ASSEMBLING AT THE CAPITOL OVER A MILE AWAY ALMOST AN HOUR BEFORE THE PRESIDENT UTTERED A SINGLE WORD ON THE ELLIPSE. YOU DID NOT HEAR THAT FACT DURING THE HOURS AND HOURS OF THE HOUSE MANAGERS PRESENTATION. DID YOU. WHEN THE PRESIDENT SPOKE. WHAT DID HE CALL FOR. HE CALLED FOR RALLY ATTENDEES TO PEACEFULLY AND PATRIOTICALLY MAKE THEIR VOICES HEARD FOR THEM TO WALK DOWN PENNSYLVANIA AVENUE TO CHEER ON MEMBERS OF CONGRESS. PRESIDENT TRUMP WENT ON FOR MORE THAN AN HOUR ENDING AT ONE 11. NOW. WHY IS THIS IMPORTANT? BECAUSE OF ALL OF THE EVENTS THAT I'M ABOUT TO DESCRIBE. THEY ALL OCCURRED BEFORE. BEFORE.

PRESIDENT TRUMP'S REMARKS CONCLUDED. AT 12:49PM. THE FIRST BARRIERS AT THE U.S. CAPITOL GROUNDS WERE PUSHED OVER AND THE CROWD ENTERED THE RESTRICTED AREA. AT 11. OH, 05:00PM. ACTING DEFENSE SECRETARY CHRISTOPHER MILLER RECEIVED OPEN SOURCE REPORTS OF DEMONSTRATOR MOVEMENTS AT TO THE U.S. CAPITOL. AT ONE. OH, 09:00PM US CAPITOL POLICE CHIEFS STEPHENSON CALLED THE HOUSE AND SENATE SERGEANT AT ARMS TELLING THEM HE WANTED AN EMERGENCY DECLARED. ANY ONE OF THE NATIONAL GUARD CALL. GIVEN THE TIMELINE OF EVENTS. THE CRIMINALS AT THE CAPITOL. WEREN'T THERE AT THE ELLIPSE TO EVEN HEAR THE PRESIDENT'S WORDS. THEY WERE MORE THAN A MILE AWAY. ENGAGED IN THEIR PREPLANNED ASSAULT ON THIS VERY BUILDING. THIS WAS A PREPLANNED ASSAULT. MAKE NO MISTAKE AND THAT IS A CRITICAL FACT.

WATCH THIS. DOES ANYONE IN THIS CHAMBER. THE CONDUCT OF PRESIDENT TRUMP. CHARGE IN THE HEART OF ATTACK IN THE CAPITAL HER. ANYBODY BELIEVE >> IT WAS NOT SOME SORT OF SPONTANEOUS DECISION BY A BUNCH OF QUOTE, PROTESTERS TO GO UP TO CAPITOL HILL STORM CAPITOL HILL. THIS WAS ALL PLANNED OUT. HOW MUCH OF IT WAS WAS PLANNED. >> HOW MUCH OF THIS WAS STRATEGIZED AHEAD OF TIME. THEY'RE GETTING SOME EVIDENCE THAT THEY'VE SEEN THAT IN THE CASE. >> SOME LEVEL OF PLANNING THERE APPEARS TO BE PREMEDITATION FBI INTERNAL REPORT THE DAY BEFORE THE SEAT WARNING OF A VIOLENT OR THE CAPITAL. FBI ISSUED A WARNING OF A QUOTE MORE AT THE CAPITOL. THE FBI WARNED LAW ENFORCEMENT AGENCIES. THIS SPECIFIC. BE READY TO FIGHT. >> CONGRESS NEEDS HEAR GLASS BREAKING. WE'VE GOT SOME INTELLIGENCE THAT A NUMBER OF INDIVIDUALS WERE PLANNING TO TRAVEL THE DC AREA.

TEXAS WAS VIOLENCE IMMEDIATELY SHARED THAT INFORMATION PUSHED OUT THAT INFORMATION THROUGH THIS JTTF STRUCTURE IS THE LEAD TO 70 PRODUCT AND GREECE TO OUR COMMAND POST OPERATIONS TO ALL LEVELS. >> THE FBI SAYS 2 PIPE BOMBS DISCOVERED NEAR THE CAPITOL ON JANUARY 6TH PLACE THERE THE NIGHT BEFORE NEW VIDEO APPEARS TO SHOW A PERSON SUSPECTED. ♪ THE FBI NOW SAYS THE BOMBS WERE PLANTED THE NIGHT BEFORE THE CAPITAL 7.30, AT 08:30PM. THEY WERE PLANTED. >> THE DAY BEFORE ALL THE I KNOW MEDICATION. ♪ ♪ >> SO TO ANSWER THE QUESTION OF THE HOUSE MANAGER. DOES ANYBODY BELIEVE THAT THIS WOULD HAVE OCCURRED. BUT FOR. SPEECH FROM DONALD TRUMP. ALL OF THESE FACTS MAKE CLEAR. THE JANUARY 6 SPEECH DID NOT CAUSE THE RIOTS. THE PRESIDENT DID NOT CAUSE THE RIOTS IN EITHER EXPLICITLY OR IMPLICITLY ENCOURAGED. THE USE OF VIOLENCE ARE ALL IS ACTION. BUT IN FACT CALLED FOR PEACEFUL EXERCISE OF EVERY AMERICAN'S FIRST AMENDMENT RIGHTS TO PEACEFULLY. ASSEMBLE AND PETITION THEIR GOVERNMENT FOR REDRESS OF GRIEVANCES. IN OTHER WORDS. THE BRANDENBURG STANDARD IS NOT MADE OUT. THE HOUSE MANAGERS ADMITTED MANY FACTS ARE UNKNOWN. EVEN SPEAKER PELOSI ADMITTED NOT KNOWING THE REAL CAUSE OF THE VIOLENCE WHEN SHE CALLED FOR A 9.11 STYLE COMMISSION TO EXAMINE THE FACTS AND CAUSES THAT LED TO THE VIOLENCE.

ON THE SCREEN IS SPEAKER PELOSI'S CALL FOR THE 9.11 COMMISSION. LET'S TOUCH NOW ON THE SECOND ABSURD AND CONFLATED ALLEGATION IN THE HOUSE MANAGERS SINGLE ARTICLE. PRESIDENT TRUMP'S PHONE CALL TO GEORGIA SECRETARY OF STATE AND ROBBINS BURGER SHERIFF TO SAYS LEE RECORDED. INCLUDED AND INCLUDED MULTIPLE ATTORNEYS AND OTHERS ON THE CALL. LET ME POINT OUT THE VERY OBVIOUS FACT THAT THE HOUSE MANAGERS IGNORED. THE PRIVATE CALL THAT WAS MADE PUBLIC BY OTHERS CANNOT REALLY BE THE BASIS TO CLAIM THAT THE PRESIDENT INTENDED TO INCITE A RIOT BECAUSE HE DID NOT PUBLICLY DISCLOSED THE CONTENTS OF THE CALL.

HOW COULD HE HAVE HOPED TO USE THIS CALL TO INVITE HIS FOLLOWERS IF HE HAD NO INTENT TO MAKE THE CONVERSATION PUBLIC. >> AND INDEED HAD NOTHING TO DO WITH IT BEING SECRETLY RECORDED. HOUSE MANAGERS TOLD YOU THAT THE PRESIDENT DEMANDED THAT THE GEORGIA SECRETARY OF STATE. >> QUOTE, FIND JUST OVER 11,000 VOTES. THE WORD FIND LIKE SO MANY OTHERS, THE HOUSE MANAGERS HIGHLIGHTED IS TAKEN COMPLETELY OUT OF CONTEXT. AND THE WORD FINE DID NOT COME OUT OF THIN AIR. BASED ON AN ANALYSIS OF PUBLICLY AVAILABLE VOTER DATA THAT THE BALLOT REJECTION RATE IN GEORGIA IN 2016 WAS APPROXIMATELY 6.42%. AND EVEN THOUGH A TREMENDOUS AMOUNT OF NEW FIRST TIME MAIL IN BALLOTS. WE'RE INCLUDED IN THE 2020 COUNT. THE GEORGIA REJECTION RATE IN 2020 WAS A MERE 4 TENTHS OF ONE PERCENT. A DROP-OFF FROM 6.4, 2%, 2.4%. PRESIDENT TRUMP, ONE OF THE SIGNATURE VERIFICATION TO BE DONE IN PUBLIC. HOW CAN A REQUEST FOR SIGNATURE VERIFICATION IS TO BE DONE IN PUBLIC. BE A BASIS FOR A CHARGE FOR INCITING A RIGHT.

WITH THAT BACKGROUND. IT IS CLEAR THE PRESIDENT TRUMP'S COMMENTS AND THE USE OF THE WORD FIND. WE'RE SOLELY RELATED TO EASE CONCERNS WITH THE IN EXPLICABLE DRAMATIC DROP IN GEORGIA'S BALLOTS REJECTION RATES. LET'S EXAMINE HOW THE WORD FIND WAS USED THROUGHOUT THAT CONVERSATION. MISTER TRUMP'S FIRST USE OF THE WORD FIND WAS AS FOLLOWS, QUOTE. WE THINK THAT IF YOU CHECK THE SIGNATURES, A REAL CHECK OF THE SIGNATURES GOING BACK IN FULTON COUNTY.

YOU'LL FIND AT LEAST A COUPLE 100,000 OF FORGED SIGNATURES OF PEOPLE. HU HAVE BEEN FORGED. AND WE ARE QUITE SURE THAT'S GOING TO HAPPEN. PRESIDENT TRUMP ALSO USED FIND AS FOLLOWS, QUOTE. NOW, WHY ARE WE DOING SIGNATURE AND WHY CAN'T IT BE OPEN TO THE PUBLIC. AND WHY CAN'T WE HAVE PROFESSIONALS DO IT INSTEAD OF RANK AMATEURS. WILL NEVER FIND ANYTHING AND DON'T WANT TO FIND ANYTHING. THEY DON'T WANT TO FIND. YOU KNOW, THEY DON'T WANT TO FIND ANYTHING. SOMEDAY. YOU'LL TELL ME THE REASON WHY.

BECAUSE I DON'T UNDERSTAND YOUR REASONING, BUT SOME DAY YOU'LL TELL ME THE REASON WHY. BUT WHY DON'T YOU WANT TO FIND. PRESIDENT TRUMP ECHOED HIS PREVIOUS SENTIMENTS AGAIN IN THE CONTEXT OF PURSUING ILLEGITIMATE AND ROBUST INVESTIGATION INTO THE LACK OF SIGNATURE VERIFICATION FOR MAIL IN AND ABSENTEE BALLOTS. AND WHY CAN'T WE HAVE PROFESSIONALS DO IT INSTEAD OF RANK AMATEURS WILL NEVER FIND ANYTHING AND DON'T WANT TO FIND ANYTHING. THEY DON'T WANT TO FIND ANYTHING. YOU KNOW, THEY DON'T WANT TO FIND ANYTHING. THEY DON'T WANT TO FIND. YOU KNOW, THEY DON'T WANT TO FIND ANYTHING SOMEDAY.

YOU'LL TELL ME WHY. BECAUSE I DON'T UNDERSTAND YOUR REASONING, BUT SOMEDAY, YOU'LL TELL ME WHY. WHY DON'T YOU WANT TO FIND. WE CAN GO THROUGH SIGNATURE VERIFICATION WILL FIND HUNDREDS OF THOUSANDS OF SIGNATURES AND YOU CAN LET US DO IT. AND THE ONLY WAY YOU CAN DO THAT. DO IT AS YOU KNOW, IS TO GO TO THE PAST. BUT YOU DIDN'T DO THAT IN COBB COUNTY. YOU JUST LOOKED AT ONE PAGE COMPARED TO ANOTHER. THE ONLY WAY YOU COULD DO A SIGNATURE VERIFICATION IS TO GO FROM ONE THAT SIGNED IT. AND NO ONE NOVEMBER WHATEVER RECENTLY AND COMPARE IT TO 2 YEARS AGO 4 YEARS AGO, 6 YEARS AGO, YOU KNOW, OR EVEN ONE.

AND YOU'LL FIND THAT YOU HAVE MANY DIFFERENT SIGNATURES. BUT IN FULTON WHERE THEY DUMPED BALLOTS. YOU WILL FIND THAT YOU HAVE MANY THAT AREN'T EVEN SIGNED AND THAT YOU HAVE MANY FORGERIES. END QUOTE. MISTER TRUMP CONTINUE TO USE THE WORD FIND THROUGHOUT THE CONVERSATION. EACH AND EVERY OTHER TIME IN THE CONTEXT OF HIS REQUEST. MISTER RAFFENSBERGER UNDERTAKE A SIGNATURE REVIEW OF SIGNATURE VERIFICATIONS. AND HIS CONCERNS GENERALLY WITH BALLOT INTEGRITY. AND HIS REPORTED ELECTORAL DEFICIT. HERE ARE A FEW EXAMPLES. BUT WHY WOULDN'T YOU WANT TO FIND THE RIGHT ANSWER. BRAD. INSTEAD OF KEEP SAYING WHAT THAT THE NUMBERS ARE RIGHT. BECAUSE THOSE NUMBERS ARE SO WRONG. ANOTHER EXAMPLE. WE THINK THAT IF YOU CHECK THE SIGNATURES, A REAL CHECK OF THE SIGNATURES GOING BACK IN FULTON COUNTY. YOU'LL FIND AT LEAST A COUPLE 100,000 OF FORGED SIGNATURES OF PEOPLE TO HAVE BEEN FORGED AND WE ARE QUITE SURE THAT'S GOING TO HAPPEN. END QUOTE. MOREOVER. THERE WAS NOTHING ON TOWARD WITH PRESIDENT TRUMP OR ANY OTHER CANDIDATE FOR THAT MATTER. SPEAKING WITH LEAD ELECTIONS. OFFICER OF THE STATE. THAT'S WHY THE GEORGIA SECRETARY OF STATE TOOK. CALL ALONG WITH MEMBERS OF HIS TEAM.

ONE OF DECIDED TO RECORD AND RELEASE IT TO THE PRESS. THE ONLY REASON THIS CONVERSATION IS BEING DISCUSSED IN THIS CHAMBER IS BECAUSE ONCE AGAIN THE MEDIA AND THEIR DEMOCRATIC ALLIES DISTORTED THE TRUE CONVERSATION TO MISLEAD YOU. AND THE AMERICAN PUBLIC. SO WE HAVE. A COMPLETE LACK OF EVIDENCE. FOR THE ARTICLE OF IMPEACHMENT PRESENTED BY THE HOUSE MANAGERS. SO WHY ARE WE HERE? POLITICS. THEIR GOAL IS TO ELIMINATE A POLITICAL OPPONENT. TO SUBSTITUTE THEIR JUDGMENT. FOR THE WILL OF THE VOTERS. >> WHY BOTHER WITH A SENATE TRIAL OF DONALD TRUMP IS NO LONGER PRESIDENT WILL BE OUT OF OFFICE AND THE WORK IS IT TO KEEP HIM FROM EVER RUNNING AGAIN. MAKE SURE HE CAN NEVER RUN FOR OFFICE AGAIN.

KEEP IT RUNNING FOR OFFICE. AGAIN, DONALD TRUMP WOULD NOT BE ABLE RUN FOR OFFICE AGAIN, BARRING HIM FROM RUNNING FOR OFFICE AGAIN, DISQUALIFIED FROM RUNNING FOR OFFICE. DISQUALIFY HIM FROM EVER RUNNING FROM OFFICE AGAIN, DISQUALIFIED FROM RUNNING FOR OFFICE IT'S ABOUT FOCUSING THE HE CAN NEVER RUN AGAIN. OFFICE AGAIN, NEVER BE ABLE TO RUN FOR OFFICE AGAIN, BAN. >> A FORMER PRESIDENT TRUMP FROM RUNNING AGAIN IF WE DON'T IMPEACH THIS PRESIDENT, HE WILL GET REELECTED. >> THE GOAL IS TO ELIMINATE A POLITICAL OPPONENT TO SUBSTITUTE. THEIR JUDGMENT FOR THE WILL OF THE VOTERS. MEMBERS OF THE SENATE. OUR COUNTRY NEEDS TO GET BACK TO WORK. I KNOW THAT, YOU KNOW, THAT. BUT INSTEAD WE ARE HERE. THE MAJORITY PARTY PROMISED TO UNIFY AND DELIVER MORE COVID RELIEF. BUT INSTEAD. THEY DID THIS. WE WILL NOT TAKE MOST OF OUR TIME TODAY. US OF THE DEFENSE. IN THE HOPES THAT YOU WILL TAKE BACK THESE HOURS AND USE THEM. DELIVERY. OF COVID RELIEF TO THE AMERICAN PEOPLE. LET US BE CLEAR. THIS TRIAL IS ABOUT FAR MORE AND PRESIDENT TRUMP. IT IS ABOUT SILENCING AND BANNING THE SPEECH. THE MAJORITY DOES NOT AGREE WITH.

IT IS ABOUT CANCELING 75 MILLION TRUMP VOTERS. AND CRIMINALIZING. POLITICAL VIEWPOINTS. THAT IS WHAT THIS TRIAL. IT'S REALLY ABOUT. IT'S THE ONLY TEXT. US TEXAS 10 SHULL ISSUE BEFORE US. IT ASKS FOR CONSTITUTIONAL. CANCEL CULTURE TO TAKE OVER IN THE UNITED STATES SENATE. ARE WE GOING TO ALLOW CANCELING AND BANNING AND SILENCING TO BE SANCTIONED IN THIS BODY. TO THE DEMOCRATS VIEW THIS AS A MOMENT OF OPPORTUNITY. I URGE YOU INSTEAD. TO LOOK TO THE PRINCIPLES OF FREE EXPRESSION. AND FREE SPEECH. TRULY THAT THE NEXT TIME YOU'RE IN THE MINORITY. YOU DON'T FIND YOURSELF IN THIS POSITION. TO THE REPUBLICANS IN THIS CHAMBER. I ASK. WHEN YOU ARE NEXT IN THE MAJORITY.

PLEASE RESIST. WHAT WILL BE AN OVERWHELMING TEMPTATION. TO DO THIS VERY SAME THING. TO THE OPPOSING PARTY. MEMBERS OF THE SENATE. THIS CONCLUDES THE FORMAL DEFENSE OF THE 45TH PRESIDENT OF THE UNITED STATES TO THE IMPEACHMENT ARTICLE. FILED BY THE HOUSE OF REPRESENTATIVES. I UNDERSTAND THAT THERE IS A PROCEDURE IN PLACE FOR. QUESTIONS. AND WE AWAIT THEM. THEREAFTER. WE WILL CLOSE ON BEHALF. PRESIDENT TRUMP. MISTER PRESIDENT. THE BALANCE. >> AND I ASK UNANIMOUS CONSENT. WE TAKE A 15 MINUTE RECESS WE SHUN THE ALL RIGHT. THANKS. ROCKETING ALONG AT A RATHER QUICK PACE AS THE PRESIDENT'S DEFENSE PRESENTATION BY HIS LAWYERS ENDS UP BEING A LITTLE LESS THAN 3 HOURS OF THERE ARE A LOT OF 16 HOURS. THEY HAD TELEGRAPHED GOING INTO TODAY THEY WOULD MAKE VERY SHORT WORK OF TRYING ESSENTIALLY ATTACK ALL OF HOUSE MANAGERS. >> CHARACTERIZATIONS AND CALLING IT A MONSTROUS FOR THIS IDEA THAT THE PRESIDENT SOMEHOW INSIDE OF THE ATTACK ON THE CAPITOL ON JANUARY 6. LET'S GO TO CASEY HUNT TO IS ON CAPITOL HILL. SO CASEY, WE'RE WAY, WAY AHEAD OF SCHEDULE. HOW DOES THIS PLAY OUT? >> WE ARE AHEAD OF SCHEDULE, LESTER AND A COUPLE THINGS.

I WANT TO PICK UP ON FROM THE PRESENTATION THAT WE JUST SAW. ONE NOTE THE ATTORNEY THERE TRIED TO SAY THAT WHAT HAPPENED ON JANUARY 6 WAS NOT AN INSURRECTION UNDER THE DEFINITION. HE WALKED THROUGH THE LEGAL DEFINITION OF THAT AND TRIED TO SUGGEST THAT IT WAS SOMETHING ELSE. THINK IT'S IMPORTANT TO UNDERSCORE THAT MITCH MCCONNELL ACTUALLY AFTER THIS HAPPENED COLD. IT A FAILED INSURRECTION IN PUBLIC. I THINK THAT'S AN IMPORTANT POINT TO MAKE. THERE HAS NOT BEEN A LOT OF DISPUTE ABOUT WHAT HAPPENED THE WAY THAT THE TRUMP TEAM TEAM DESCRIBED IT. AND I THINK YOU'RE GOING TO SEE THAT GET SOME GOING FORWARD. THE OTHER THING I WOULD HIGHLIGHT THAT THAT STOOD OUT TO TO THOSE OF US TO WERE LISTENING IN TO COVER CAPITOL HILL EVERY DAY IS THIS COURT ABOUT PRIMARY CHALLENGES. HE SAID NO ONE IN THIS CHAMBERS ACT ANXIOUS TO HAVE A PRIMARY CHALLENGE. THAT'S ONE TRUISM I THINK CAN SAY WITH SOME CERTAINTY. BUT THAT'S THE WAY WE OPERATE IN THIS COUNTRY AND IN A LITTLE WAYS THAT REALLY READ LIKE A COME ACROSS LIKE A THREAT.

AND THAT IS, OF COURSE, WHAT THE FORMER PRESIDENT HAS BEEN SAYING PRIVATELY THREATENING PRIVATELY TO DO FOR MANY OF THESE REPUBLICAN SENATORS AND THAT IS ONE OF THE MAJOR MOTIVATING FACTORS HERE AS THEY HAVE TO GO ON RECORD IN PUBLIC SAYING WHETHER THEY WANT TO CONVICT OR ACQUIT HIM. BUT I'M NOT SURE HOW THAT'S REALLY GOING ACROSS IN THE ROOM BECAUSE IT'S SOMETHING. BUT I THINK WE'LL GET SENATORS BACKS UP AND I'M GOING TO START ASKING ABOUT THAT AS SOON AS THEY START TO COME OUT OF THE CHAMBER AND WE HAVE A CHANCE TO COMMUNICATE A LITTLE BIT MORE. WITH THEM. BUT TO PICK UP ON YOUR EARLIER POINT ABOUT THE TIMING AND WHAT'S GOING TO HAPPEN NOW.

SO THESE ARE THE QUESTION CARDS RIP THAT ALL OF THE SENATORS HAVE BEEN HANDED WHERE THEY CAN FILL OUT THAT, YOU KNOW. SO AT THEIR NAME THEY INDICATE WHETHER THEY'RE QUESTION IS FOR THE COUNCIL. THE DEFENSE COUNSEL OR THE HOUSE MANAGERS AND THE RIGHT ON A CARD. THEY HAVE BEEN SUBMITTING THESE CARDS THROUGHOUT THE DAY TODAY. AND WHILE WE DON'T YET HAVE OFFICIAL CONFIRMATION THAT THAT'S WHAT THEY'RE GOING TO BE DOING THIS EVENING. SCHUMER JUST WENT THAT. THE MAJORITY LEADER JUST WENT TO A BREAK IT'S WIDELY EXPECTED RIGHT NOW.

THAT THEY ARE GOING TO GO TO THE QUESTION AND ANSWER PERIOD TONIGHT WE'RE DOWN WAITING ON OFFICIAL CONFIRMATION OF THAT. BUT SHOULD THEY DO THAT AND FINISH THE 4 HOURS OF THAT TONIGHT THAT POTENTIALLY SETS UP A FINAL VOTE AS SOON AS SATURDAY AFTERNOON, WHICH WOULD BE A PRETTY ACCELERATED TIMETABLE. AND I THINK IT SHOWS YOU JUST HOW ANXIOUS EVERYONE IS TO MOVE ON FROM THIS AND IT'S DIFFERENT REASONS ON EACH SIDE.

REPUBLICANS OBVIOUSLY WANT TO TAKE THE FOCUS OFF OF FORMER PRESIDENT TRUMP AND MANY IN THE SENATE DON'T BELIEVE THAT THIS IS HELPFUL FOR ANYONE DEMOCRATS WANT TO TURN THE FOCUS TO THE NOW PRESIDENT BIDEN IS PROPOSING A ONE 0.9 TRILLION DOLLAR COVID RESCUE PLAN. SO THE MOTIVATION FOR THAT. AND I WILL ALSO ADD, LESTER, THEY'RE SUPPOSED TO BE ON VACATION NEXT WEEK. NOBODY WANTS TO BE HERE WORKING ON SUNDAY. AND THAT IS ALSO A HIGHLY POWERFUL. IF HUMAN. >> MOTIVATING FACTOR HERE IN THE SENATE. THAT'S A FACTOR FOR ALMOST. RIGHT, CASEY, THANKS VERY MUCH. ALSO WITH US IS CHIEF WASHINGTON CORRESPONDENT ANDREA MITCHELL. >> ANDREA IT LIKE IT EXPLORING THIS IDEA OF HOW MANY REPUBLICAN FOR 4 GUILTY. WOULD IT TAKE FOR DEMOCRATS TO FEEL THIS WAS WORTHWHILE. >> I ANY MORE THAN 5 OR 6, FRANKLY, LESTER BECAUSE IT'S A FREE LOW BAR. NOW THEY HAVE GONE INTO THIS WITH THE IDEA THAT IT WAS GOING TO BE VERY DIFFICULT EVER SINCE THAT FIRST PRELIMINARY VOTE THE RAND PAUL RESOLUTION. EVEN BEFORE THEY GOT TO THE TRIAL.

SO ANYTHING THAT THEY CAN GET ANY NUMBER THAT THEY CAN PICK UP. THEY WILL CALL THAT A VICTORY, LEAST A PYRRHIC VICTORY BECAUSE. THEY ARE ARGUING FOR HISTORY. THEY'RE TRYING TO ARGUE YOU TO THE AMERICAN PEOPLE. THEY'RE TRYING TO DO MOVE THE POLL NUMBERS TRYING TO DAMAGE DONALD TRUMP'S REPUTATION BY PRESENTING WHAT THEY THINK IS VERY STRONG EVIDENCE THAT HE SHOULD BE DISQUALIFIED FROM ANY FUTURE ROLE IN POLITICS IN, YOU KNOW, IN ELECTIVE POLITICS AND TRYING TO HURT HIS ABILITY TO STILL BE A PRESENCE. FROM MARYLAND WHEREVER GOING FORWARD. SO I THINK THAT THEY HAVE PRETTY WELL CONCEDED AS THEY'VE SEEN.

YOU KNOW, THE DEFENSE ALSO FOLDING THEIR TENTS PRETTY EARLY THAT THEY DON'T FEEL THAT THEY'RE GOING TO GET. A CONVICTION. THEY'RE LOOKING TO SEE WHETHER ANY OF THOSE OTHER REPUBLICAN SENATORS ONE, WARNING SIGNAL MIGHT BE FROM LISA MURKOWSKI, WHOM THEY I THINK HAVE BEEN COUNTING ON BECAUSE SHE SAID EARLIER TO SOME OF THAT BEFORE REPORTERS IN THE HALLWAY THAT SHE WAS IMPRESSED MORE IMPRESSED, AT LEAST FOR THE DEFENSE PRESENTATION TODAY. THEN THE OTHER DAY. NOW, OF COURSE, THE OTHER DAY WAS WIDELY PANNED. SO MAYBE THAT JUST MEANS THERE'S A LITTLE BETTER THAN OR A VERY BAD PRESENTATION. BUT I WAS ALSO STRUCK TODAY. THAT'S YOUR BY THE WAY, THE DEFENSE IS JUST MISSING WHAT HAPPENED IN GEORGIA.

THE RUN UP TO JANUARY 6 THE OF THE ELECTION. OF JOE BIDEN AND ALSO THE PRESSURE GEORGIA JUST WE SAW THIS WEEK THAT THE DISTRICT ATTORNEY IN FULTON COUNTY, GEORGIA OPENED A CRIMINAL INVESTIGATION INTO WHETHER OR NOT THAT WAS ILLEGAL INTERFERENCE WITH THE ELECTION INTELLECT INSIGHT INCITING WERE PROMOTING ELECTION FRAUD BY PRESSURING MULTIPLE OFFICIALS IN THE REPUBLICAN PARTY AND ELECTED OFFICIALS, THE SECRETARY OF STATE AND OTHERS TO CHANGE THE VOTE BY AT LEAST ONE VOTE IN THE WAY HE CHARACTERIZED THAT AND READ THAT TRANSCRIPT OF THAT VERY DAMAGING RODEO. REMAINS TO BE SEEN. BUT THAT IS AN ACTIVE CASE, A CRIMINAL PROSECUTION PENDING.

YOU KNOW, COULD BE AGAINST THE PRESIDENT AND OTHERS WE HAVE THIS IDEA HE WAS TALKING ABOUT THE PRESIDENT SAYING FIND THE THE RIGHT DEFENSIVE TIMES DID FEEL. >> PERHAPS A BIT A BIT TORTURED. I WANT TO BRING IN A SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON RIGHT NOW HOW HAS BEEN BEING ANXIOUSLY BY REPUBLICANS EVERYWHERE. WHAT KIND OF REACTION. WHAT ARE YOU HERE? >> YES, SO FAR, LESS START PICK UP ON A THREAT AFTER THIS TO OF WHAT YOU AND JUST DISCUSSING. BUT SO FAR I THINK YOU'RE SEEING IT FROM WHAT WE HAVE HEARD FROM SOME OF THE SENATE REPUBLICANS, INCLUDING ONE REPUBLICAN SENATOR NOT EXPECTED TO VOTE AGAINST FORMER PRESIDENT TRUMP RUN JOHNSON.

THOUGHT THAT THIS WAS OBVIOUSLY A SUCCESSFUL DEFENSE IN HIS VIEW. THAT IS WHEN PICKED UP, BEEN PICKED UP BY SOME OF THE FORMER PRESIDENT'S DEFENDERS HERE. I THINK THAT YOU'LL GET MORE READ ON THAT AS FOLKS START TO LEAVE. BUT EVEN HAD INTERESTINGLY SENATOR LISA MURKOWSKI, FOR EXAMPLE, A REPUBLICAN HU IS NOT ALWAYS KNOWN FOR GOING ALONG WITH WHAT THE FORMER PRESIDENT EITHER WANTED OR HIS POSITIONS. SHE'S BEEN KNOWN TO BREAK AWAY APPLAUDING THE DEFENSE SO FAR THINK THAT GIVES YOU A BIT OF AN INDICATION AS WE HEAD NOW TO THE Q AND A WHICH IS ALWAYS INTERESTING. AND YOU REMEMBER AS I DO FROM THE LAST IMPEACHMENT TRIAL OF DONALD TRUMP, THE Q AND A YOU CAN READ THOSE TEA LEAVES AND SEE SOME OF WHICH SENATORS ARE LEADING WHERE WHO'S ASKING WHICH QUESTIONS TO WHICH SIDE IS IS MUCH OF THE TELL IS ANYTHING IN THESE KINDS OF TRIALS.

I WILL SAY, LESTER, THAT WHEN YOU LOOK AT WITH THE DEFENSE TEAM DID THERE WITH BRUCE CASTOR LAID OUT. HE SAID IT DID A COUPLE OF THINGS. SO TO PICK UP ON WHAT YOU NEED. YOU'RE TALKING ABOUT THIS DISCUSSION OF THAT CALL BETWEEN FORMER PRESIDENT TRUMP. THEN THE PRESIDENT AT THE TIME AND THE GEORGIA SECRETARY OF STATE. THIS STUNNING TO A LOT OF PEOPLE WHEN THAT AUDIO WAS REVEALED THE ELECTION WHEN MEN DONALD TRUMP SAID I'M ASKING YOU TO FIND THE VOTES.

AND BRUCE CASTOR READING THAT INTO THE RECORD IN THE IMPEACHMENT TRIAL. THESE QUOTES FROM DONALD TRUMP. I FIND VERY INTERESTING BECAUSE THE DISCUSSION THAT I HAD HAD WITH SOURCES ALL UP UNTIL THE TRIAL BEGAN. WAS THAT ELECTION FRAUD OF THESE FALSE CLAIMS OF VOTER FRAUD. THE DONALD TRUMP MADE. WE'RE NOT GOING TO BE PART OF THIS DEFENSE. WHY FOR A COUPLE OF REASONS. NUMBER ONE IS WHY THE ORIGINAL DEFENSE TEAM FOR DONALD TRUMP LEFT BASICALLY PARTED WAYS WITH HIM BECAUSE BASED ON WHAT WE HAVE HEARD FROM SOURCES DONALD TRUMP WANTED THEM TO MAKE THAT A CENTRAL THEME OF THE ARGUMENTS. THOSE THAT SAID THAT'S NOT GONNA HOLD WATER AND THEY COULDN'T COME TO AN AGREEMENT. BUT SECONDLY, BECAUSE EVEN THE FORMER PRESIDENT'S REPUBLICAN ALLIES DID NOT WANT THAT TO BE A CENTRAL PIECE OF THESE ARGUMENTS AT THE TRIAL YET. HERE IS BRUCE CASTOR READING INTO THE PIECES OF THAT PHONE CALL. AND WE SHOULD NOTE, LESTER, IT HAS BEEN EXHAUSTIVELY FACT CHECKED. YOU DIDN'T HEAR THAT FACT IN THE CHAMBER. BUT THE THINGS THAT DONALD TRUMP WAS SAYING AT THE TIME SIMPLY WERE NOT TRUE. LIKE THE IDEA THAT SIGNATURES WERE BEING SOME OF THE STORE TO COUNTIES.

THAT IS JUST NOT ACCURATE. IT JUST DIDN'T HAPPEN. AND IT'S AT THE POINT OF THIS CALL WAS FOR THE SECRETARY OF STATE, PERHAPS NOT THE POINT, BUT FUNCTION OF THE CALL WAS FOR SECRETARY OF STATE. RAFFENSPERGER TO PUSH BACK ON THINGS THAT THEN PRESIDENT TRUMP WAS SAYING IN TO EXPLAIN THAT IS ACTUALLY NOT CORRECT. HERE IS THE ACTUAL PIECE OF IT. THAT'S ACCURATE. AND WE HAVE BEEN THROUGH THAT OVER THE LAST MONTH OR SO. THE OTHER PIECE OF THIS CAST A REFERENCE JUST IN THIS LAST SECTION HERE, HE CLAIMED THAT THE HOUSE DEMOCRATIC IMPEACHMENT MANAGERS DID NOT SPEND TIME TRYING TO CONNECT DONALD TRUMP TO WHAT HAPPENED ON JANUARY 6, ALTHOUGH AS YOU KNOW, LESSER THAT WAS LARGELY THE FOCUS YESTERDAY OF THE HOUSE DEMOCRATIC IMPEACHMENT MANAGERS CLOSE BASICALLY THAT THE WRAP UP, I SHOULD SAY, OF THEIR INITIAL ARGUMENTS WAS TRYING TO CONNECT THE DOTS AND DRAW THAT LINE BETWEEN THOSE 2 THINGS.

SO I IMAGINE THAT THAT'S GOING TO BE A LINE OF INQUIRY THAT YOU WILL SEE WHEN WE HIT THE Q A PORTION THE NEXT COUPLE OF MINUTES HERE. ALRIGHT, HOW LET'S TURN TO OUR COLLEAGUE NBC NEWS POLITICAL DIRECTOR AND MODERATOR OF MEET THE PRESS, CHUCK TODD. CHUCK, WHERE DO YOU THINK THE PRESIDENT'S LAWYERS. >> MAY HAVE LANDED SOME PUNCHES NOT KNOCKOUT PUNCHES. BUT THOSE THAT THAT TURN A SENATE REPUBLICAN SENATORS AND THE DIRECTION THEY WANT TO GO. >> WELL, LOOK, I THINK BY CONSTANTLY MAKING THIS UP. A PARTISAN POLITICAL MEAN, YOU KNOW, THAT IS WHAT ANIMATES THE REPUBLICAN BASE. I THINK MISTER CASTOR BRINGING UP THE PRIMARY CHALLENGE WAS AN ACCIDENT IN HIS REMARKS. I THINK REMINDING THEM THE POLITICAL STAKES HERE. SO, YOU KNOW, I DON'T KNOW IF THE I DID. THEY DID TO ME THEY DID NOT DO A VERY GOOD JOB ANSWERING WHAT WAS PRESENTED BY THAT THAN THE LAST 3 DAYS. WHAT THEY DID DO A GOOD JOB OF WAS IGNORING IT AND JUST FOCUSING ON THE SHORTEST PATH TO ACQUITTAL, WHICH IS MAKE A HARD PARTISAN ARGUMENT THAT YOU CAN DEFEND YOUR BASE.

YOU CAN GO ON ON FOX AND PRIME TIME AND DEFEND AND CLOSURE IS TO EVERYBODY ELSE. SO IN THAT SENSE IT WAS A IT'S A SMART DEFENSE FOR WHAT YOU HAVE TO DO. BUT THE QUESTIONS THAT THEY DIDN'T ANSWER YOU KNOW WHY DIDN'T HE TRY TO STOP THIS FOR A COUPLE OF HOURS. HE DIDN'T SEEM TO DO ANYTHING WITH PENCE AND THEN A FOLLOW-UP ABOUT HALEIGH SAID.

YOU KNOW, THE PROBLEM HE HAS WITH TRYING TO DISS THE PROBLEM. I HAVE TRIED TO DISTANCE. FORMER PRESIDENT TRUMP FROM THE EVENTS OF JANUARY 6 IS HE BASICALLY WAS THE GUY THAT SAVE THE DATE FOR JANUARY 6 IN HIS OWN TWITTER FEED THAT THEN CONVINCED TO OTHER ORGANIZATIONS TO MOVE THEIR RALLIES TO JANUARY 6. HE'S ESSENTIALLY THE ORGANIZER OF THE ENTIRE DAY OF PROTEST MOVEMENT AND THEY JUST BASED IN NORDIC COMPLETELY. THIS WILL COME UP AND Q AND A I'LL BE VERY CURIOUS TO SEE IF THEY.

CAN THINK THEY CAN CONTINUE TO SORT OF PRETEND THAT DIDN'T HAPPEN BECAUSE THAT IS THE THAT'S THE WEAKEST PART OF THEIR DEFENSE. AND ONE OF THE STRONGER PARTS OF THE PROSECUTION. ALL RIGHT, THANKS VERY MUCH. LET ME TURN NOW TO NBC NEWS POLITICAL ANALYST AND FORMER DEMOCRATIC MISSOURI SENATOR CLAIRE MCCASKILL. >> AND NBC NEWS POLITICAL ANALYST AND EDITOR OF THE NATIONAL REVIEW. RICH LOWRY CLEAR LET ME ASK YOUR THOUGHTS AND PICKING UP ON WHAT WAS SAYING, THERE WERE OTHER THINGS. BUT YOU SAW, FOR EXAMPLE, OF MANY OF YOUR COLLEAGUES BECOMING UNWITTING STARS IN TALKING ABOUT FIGHTING AND USING INFLAMMATORY LANGUAGE WERE THINGS THAT YOU SAW THAT YOU THINK THAT THEY SCORED POINTS WITH.

>> FIRST OF ALL, I DON'T THINK THAT THE DEFENSE WAS TRYING TO CONVINCE ANYONE OF ANYTHING. I THINK THE DEFENSE WAS TRYING TO GET TRUMP SUPPORTERS REALLY GOOD POLITICAL TALKING POINTS AND TO WARN THEM ABOUT POLITICAL CONSEQUENCES. AND BY THAT MEASURE, I THINK THEIR DEFENSE WAS A SUCCESS. I THINK THEY GAVE TRUMP SUPPORTERS GOOD TALKING POINTS AND THEY CERTAINLY WARNED THEM ABOUT PRIMARY CHALLENGES. BUT THEIR CREDIBILITY. I THINK WAS DAMAGED RIGHT OFF THE BAT WHEN JUST OUT OUT LIED ABOUT A NUMBER OF THINGS. THE ONLY REASON THIS THIS TRIAL WAS DELAYED WAS BECAUSE MITCH MCCONNELL WANTED IT DELAYED EVERYBODY IN THE ROOM KNOWS IT. THERE WAS THERE'S NO EVIDENCE OF ANTIFA HAD ANYTHING TO DO WITH THIS RIGHT.

AND FINALLY, THE LAST LINE WAS THEY HAD ALL OF THE MATERIALS THAT WERE USED BY THE HOUSE MANAGERS BEFORE THIS TRIAL BEGAN. ACCORDING TO THE RULES THAT WERE SET BY MITCH MCCONNELL AND CHUCK SCHUMER THESE ARE BIPARTISAN RULES. SO I DON'T THINK THAT THEY OBVIOUSLY MADE ANY POINTS THE DEMOCRATIC SIDE OF THE AISLE AND I DOUBT THEY MOVE. >> VERY MANY PEOPLE ON THE FACTS AND RICH, WE'RE HEARING A LOT OF THIS WEATHER USE. WHAT ABOUT THIS WHAT ABOUT WORK, THOUGH. IT DOES TO SOME EXTENT POLITICALLY. I THINK THIS WAS THE MOST EFFECTIVE PRESENTATION LOW BAR. BUT THE MOST AFFECTED. >> ARGUMENT BY THE DEFENSE, MAKING THE OBVIOUS POINTS YOU WOULD. IF YOU'RE TRYING TO ARGUE THAT NO, PRESIDENT TRUMP DIDN'T DIRECTLY INCITE OR INTEND THIS VIOLENCE TO HAPPEN AT THE CAPITOL.

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THE VIOLENCE WAS PROBABLY PLANNED BEFORE DONALD TRUMP SAID ANYTHING ON THAT MORNING. SOME OF THE MAYHEM ALREADY STARTED BEFORE PRESIDENT TRUMP FINISHED HIS SPEECH BY PEOPLE WEREN'T LISTENING TO A SPEECH. WE'RE ALREADY AT THE AT THE CAPITOL AND HE DID ISSUE YOU KNOW, THE CONTEXT OF THINGS PRETTY PRO FORMA TWEET SAYING STOP THIS, BUT HE DID DID TWEET A FEW OF THOSE. SO THE STANDARD LESTER, YOU KNOW, NOT CONVICTION IS NOT IN PLAY. DID THEY MAKE REPUBLICANS FEEL A LITTLE BETTER ABOUT A VOTE TO CUT TO ACQUIT. YEAH. AND I THINK BY BY THAT STANDARD WAS A SUCCESS. WHAT DO YOU MAKE OF OF HOW NOW PRESIDENT BIDEN MADE OUT AND IN THAT TAPE. >> IN WHICH WE HEAR IN THE LAST ELECTION TRYING TO OPPOSE THE CERTIFICATION. IT JOE BIDEN WHO'S BANGING THE GAVEL SAYING NO. AND I SAID I HOLDING UP THE RIGHT FOR THIS PROCESS. WHEN YOU MAKE OF THAT. >> WELL, I DO THINK IT'S A FAIR HIT ON THE PROXY AT SOME OF THESE DEMOCRATIC MEMBERS IS JUST WRONG TO TO USE THE ELECTORATE.

THE PROCESS TO CERTIFY ELECTORS THIS WAY. BUT THERE YOU HAD JOE BIDEN STANDING UP THERE DOING HIS DOING HIS DUTY AND OBVIOUSLY THE CIRCUMSTANCES ARE ARE MUCH DIFFERENT IS DIFFERENT. YOU KNOW, MEMBER OF THE HOUSE DOING THIS AND PRESIDENT NICE TASTE RUNNING A MONTHSLONG CAMPAIGN TO UNDERMINE THE LEGITIMACY OF THE ELECTION AND TO USE EVERY MEANS FAIR AND FOUL TO TRY TO OVERTURN THE RESULT. I THINK THAT'S THAT'S AT THE CORE OF THE CASE AGAINST TRUMP. AND AGAIN, I THINK DEMOCRATS MADE A MISTAKE BY OVER RELYING ON JANUARY 6 AND A SPEECH ON JANUARY 6 RATHER THAN BROADENING OUT THE CASE. THEY ACTUALLY WROTE DOWN IN THE ARTICLE. >> AND THEN CLEAR WHAT IF IF IN FACT THERE IS AN WHERE DOES THAT LEAVE REPUBLICANS. THIS IS A CASE OF YOU WHEN THAT YOU WIN THE BATTLE.

BUT YOU'VE GOT YOU'RE AN INTERNAL WAR. YOU GOT TO DEAL WITH. >> OH, YEAH, THEY GOT A YOU CAN JUST SEE IN THE LAST 24 HOURS. NIKKI HALEY. I WORRY ABOUT WHETHER OR NOT SHE'S IN PAIN STRADDLING THE FENCE THERE ARE NUMBER OF REPUBLICANS TRYING TO DECIDE WHETHER OR NOT THEY WANT TO GO BACK TO THE NORMS OF PRINCIPLES OF SMALL GOVERNMENT CONSERVATIVE, FREE TRADE, ALL OF THOSE THINGS OR IF THEY WANT TO STAY IN THE TRUMP CIRCUS. AND I THINK THIS TRIAL MAY HAVE HARDENED THE LINES WITHIN THE REPUBLICAN PARTY. AND I AGREE WITH MY FRIEND RICH LOWRY ON THIS. I I DO THINK THAT NO MINDS WERE CHANGED TODAY. BUT THERE ARE NOW TALKING POINTS. AND THE OTHER THING I AGREE WITH HIM IS THE DIFFERENCE BETWEEN WHAT JOE BIDEN DID THIS TIME AND WHAT MIKE PENCE TO THIS TIME IS THAT WE DIDN'T HAVE SOMEONE LOST THE ELECTION TRYING TO CONVINCE THE COUNTRY THAT OUR ELECTIONS FAIR.

EVERY MODERN PRESIDENT HAS CONCEITED. >> EXCEPT THIS ONE RIGHT TO CLEAR AND RICH, THANK YOU. LET'S GO TO CHIEF WHITE HOUSE CORRESPONDENT KRISTEN WALKER. AND SPEAKING OF PRESIDENT JOE BIDEN WILL BE HERE IN KRISTEN. >> WELL, LESTER, WE KNOW THAT PRESIDENT BIDEN IN THIS WHITE HOUSE HAS BEEN EAGER FOR THIS PROCESS TO MOVE FORWARD EXPEDITIOUSLY. AND SO I WAS JUST STOPPED TALKING TO A NUMBER OF WHITE HOUSE OFFICIALS HU HAVE SAID THAT LOOK, THE PRESIDENT IS EYEING THE END OF THIS IMPEACHMENT PROCESS AND LOOKING TO INTENSIFY HIS PUSH FOR COVID RELIEF ON THE OTHER SIDE, SOMETHING HE IS GOING TO ENGAGE IN NEXT WEEK.

NOW, WHAT DO WE EXPECT FROM PRESIDENT OVER THE WEEKEND IF IN FACT THIS PROCESS DOES COME TO A CONCLUSION BASED ON CONVERSATIONS WITH A NUMBER OF ADMINISTRATION OFFICIALS. WE ANTICIPATE THAT THE PRESIDENT WILL PUT OUT SOME SORT OF WRITTEN STATEMENT. DON'T EXPECT HIM TO GO BEFORE CAMERAS. HE'S GOING TO BE AT CAMP DAVID. HIS FIRST TRIP TO CAMP DAVID AS PRESIDENT AND DEAD NEXT WEEK. I AM TOLD HE IS GOING TO REALLY TRY TO RAMP UP THE PUSH ON HIS AGENDA. HE HAS HIS FIRST OFFICIAL TRIP OUT OF WASHINGTON, DC HE'S GOING TO BE HEADING TO WISCONSIN FOR A TOWN HALL EVENT. AND THEN I'M TOLD HE'S GOING TO CONTINUE HIS OUTREACH TO STATE AND LOCAL OFFICIALS TO TRY TO BUILD UP SUPPORT FOR HIS COVID RELIEF PACKAGE.

OF COURSE, THERE ARE A LOT OF DETAILS THAT THEY'RE STILL DEBATING HERE WITHIN THE DEMOCRATIC PARTY LEICESTER IN ORDER TO GET THAT PASSED THROUGH CONGRESS IT DOES COME, THOUGH LEICESTER AS THIS PRESIDENT HAS SAID THAT HE'S WANTED TO STAY ON THE SIDELINES AND STAY FOCUSED ON HIS AGENDA. BUT INCREASINGLY HE HAS FOUND HIMSELF WEIGHING IN YESTERDAY. OF COURSE, I WAS IN THE OVAL OFFICE AND I ASKED HIM ABOUT BUT NEWLY RELEASED VIDEO THAT WE SAW EARLIER THIS WEEK FROM HOUSE MANAGERS. AND THAT'S WHEN PRESIDENT BIDEN MADE THOSE REMARKS ESSENTIALLY SAYING THAT HE BELIEVES THAT VIDEO COULD CHANGE SOME MINDS. SO GOING BACK TO A POINT THAT ANDREA MADE A FEW MINUTES AGO. COULD WE IN FACT SEE ONE OR 2 MORE REPUBLICAN SENATORS VOTE TO CONVICT. THAT'S SOMETHING THAT WE'LL BE WATCHING FOR VERY CLOSELY.

AND THEN EARLIER TODAY HE WAS OUT HERE ON THE NORTH LAWN JUST BEHIND ME TOURING THIS VALENTINE'S DISPLAY. THAT IS UP AND SOME REPORTERS HAVE THE CHANCE TO ASK HIM ABOUT THE IMPEACHMENT. HE DID WEIGH IN SAYING THAT HE IS ANXIOUSLY AWAITING WHAT HIS REPUBLICAN COLLEAGUES WILL DO. WILL THEY QUOTE, STAND UP. THOSE ARE HIS WORDS. SO LEICESTER THIS ATTEMPT TO TRY TO STAY FOCUSED ON HIS AGENDA AND TO TRY TO KEEP THE FOCUS THERE. BUT INCREASINGLY FINDING HIMSELF PEPPERED WITH QUESTIONS ABOUT SOMETHING THAT IS GRIPPING THE NATION RIGHT NOW. HIS PRESS SECRETARY ALSO SAYING THAT THE PRESIDENT FOUND THE VIDEOS TO BE HARROWING.

SO THEY AWAIT THE CONCLUSION TO THIS PROCESS ALONG WITH EVERYONE ELSE. I CAN TELL YOU, I WAS JUST BACK IN THE PRESS OFFICES. AND OF COURSE, ALL OF THE TV'S ARE TRAINED ON THIS VERY TRIAL. SO THEY ARE CLEARLY WATCHING AND MONITORING THESE DEVELOPMENTS QUITE CLOSELY. LAST. ALL RIGHT, KRISTEN, THANKS VERY MUCH. AGAIN, WE'RE IN A BREAK. IF YOU'RE JUST JOINING US, THE PRESIDENT'S LAWYERS HAVE CONCLUDED THEIR PRESENTATION USING LESS THAN 3 HOURS TO DO SO.

A FRACTION OF WHAT THEY WERE ALLOCATED. >> DEPENDING WHAT HAPPENS IN THE END OF THIS BREAK, WE MAY GET A BETTER SENSE OF HOW QUICKLY THINGS WILL MOVE FROM THIS POINT ON WHETHER WE COULD IMMEDIATELY MOVE QUESTIONS FROM BOTH SIDES TO BOW TO THE BOTH THE PROSECUTION AND DEFENSE AND PERHAPS EVEN AS SOON AS TOMORROW. A FINAL VOTE ON ALL THIS. BUT AGAIN, IT REMAINS TO BE SEEN. AND I WANT TO GET TOO FAR AHEAD OF US. WE'RE JOINED NOW BY A VETERAN OF THE JUSTICE DEPARTMENT IN THE MUELLER INVESTIGATION. NBC NEWS LEGAL ANALYST ANDREW. WHY SPEND AN NBC NEWS LEGAL ANALYST CAROL LAM IS A FORMER U.S. ATTORNEY. GOOD TO HAVE YOU BOTH WITH ANDREW, LET ME BE BEGIN WITH YOU. A LOT OF THE ARGUMENTS AND IN THE LATTER PART OF THE DEFENSE PRESENTATION WAS THE DEFINITION OF INSIGHT. THE DEFINITION OF INSURRECTION SAYING THAT WHEN YOU DISMANTLE AT THOSE THINGS DIDN'T EXIST. IS THAT THE CASE? >> I THINK THAT THE DEFENSE LEFT THEMSELVES VERY OPEN TO. QUESTIONING THAT'S NOW GOING TO HAPPEN ON AND I THINK THAT ONE THING THAT I THINK YOUR VIEWERS SHOULD TO BE PREPARED FOR SAY THINGS THAT DEMOCRATS COULD ASK VERY POINTED QUESTIONS ON YOU SAY THAT.

BUT FOR THE PRESIDENT, THIS STILL WOULD HAVE HAPPENED. WELL, TO YOU SAY THAT THERE'S REAL EVIDENCE OF ELECTION FRAUD. ARE YOU SAYING THAT THE PRESIDENT DID, YOU KNOW DID NOT WIN THE ELECTION THAT AS PRESIDENT BIDEN. IT'S SO WHAT IS THE EVIDENCE AND WASN'T THAT. WHAT WAS THE FIRE FOR THE INSURRECTION ON JANUARY 6TH. I THINK THERE ARE MANY POINTED QUESTIONS ABOUT THAT. AND ON THE ISSUE OF JANUARY 6TH. I THINK THAT THE DEFENSE DID VERY POOR JOB ON THIS ISSUE OF AND I THINK THAT THERE'S GOING TO BE A LOT OF QUESTIONS ABOUT WHAT THE PRESIDENT DID NOT TO.

IF HIS INTENT WAS NOT TO THERE COULD BE A LOT OF QUESTIONS ABOUT WHY HE WASN'T IMMEDIATELY ON THE AIRWAYS ON TWITTER. IMMEDIATELY CALLING THE NATIONAL THEY REALLY CAN'T GET AROUND THE TIMELINE. AND THEN FINALLY, IF THEY REALLY WANT TO ESSENTIALLY BE SAYING WHAT IT IS THAT THE PRESIDENT THIS IS THAT PRESIDENT TRUMP WHAT HE DID OR DID NOT INTEND. WHY ISN'T HERE TESTIFYING OR AT LEAST SUBMITTING A LETTER OR AN AFFIDAVIT. IT'S JUST LIKE THE FIRST IMPEACHMENT WORD THE PRESIDENT IS ABSENT SAY THEY'RE MAKING REPRESENTATIONS ABOUT WHAT THE WHAT DONALD TRUMP MIGHT OR MIGHT NOT HAVE BELIEVED THAT THEY ACTUALLY HAD THE OPPORTUNITY TO HAPPEN COME AND TESTIFY AND HE DIDN'T.

>> CAROL, GIVE ME GIVE ME SOME QUESTIONS THAT YOU WOULD IF YOU ARE CHALLENGING THIS DEFENSE PRESENTATION. >> YOU KNOW, I THINK IN THIS IS AN OPPORTUNITY FOR THE DEMOCRATS TO DO WHAT THE HOUSE MANAGERS DON'T HAVE AN OPPORTUNITY TO DO ON THEIR OWN RIGHT NOW, WHICH IS TO REBUT SOME OF THE THINGS THAT THEY HEARD EARLIER, TYPICALLY, YOU KNOW, IN A THE PROSECUTION WOULD GO FIRST AND THE DEFENSE AGO.

PROSECUTION HAS ANOTHER OPPORTUNITY. SO SO DEMOCRATIC SENATORS ARE GOING TO HAVE TO. GIVE THOSE QUESTIONS TO THE HOUSE MANAGERS TO ALLOW THEM TO ANSWER. I THINK THERE ARE FRANKLY A COUPLE OF UNFORCED ERRORS THAT THAT THE HOUSE MANAGERS NEED TO CLEAN UP ABOUT SOME OF THE PIECES OF EVIDENCE THEY PUT IN AND THINGS LIKE THAT. BUT BUT I THINK AND WAS CORRECT THERE. THERE NEEDS TO BE THERE NEEDS TO SOME QUESTIONS. TO FILLING THE RECORD AGAIN ABOUT WHY THE PRESIDENT. BASICALLY SAT ON HIS HANDS FOR FOR A LONG TIME AFTER THE BREACH AND WHAT HAPPENED DURING THAT PERIOD OF TIME. HOUSE MANAGERS NEED TO REALLY EMPHASIZE THAT AGAIN, YOU KNOW, THESE EVENTS WERE TAKING PLACE ONLY A MILE AND A HALF FROM WHERE THE PRESIDENT WAS THAT IF THERE'S NO EXCUSE FOR AN HOUR GOING BY BEFORE THAT THE FIRST TWEET COMES OUT. SO I CERTAINLY THINK THAT NEEDS TO BE FILLED IN. I THOUGHT THE I THOUGHT THE WHOLE PRESENTATION ABOUT THE WORD FIND. WAS. WAS FRANKLY SILLY. YOU KNOW, ONE OF THE INSTRUCTIONS ARE GIVEN TO JURORS.

IF YOU DON'T CHECK YOUR COMMON SENSE AT THE DOOR AND WHEN THE PRESIDENT SAYS I WANT YOU TO FIND A SPECIFIC NUMBER OF VOTES. HE'S USING THE WORD FIND IN A VERY, VERY SPECIFIC WAY. AND THAT IS NOT THE WAY YOU TYPICALLY USE THE WORD FIND SO SO I THOUGHT THERE WAS SOME OVERPLAYING ON BACKGROUND. ALL RIGHT. CAROLYN, ANDREW, THANKS TO BOTH OF YOU. LET ME TURN TO NBC NEWS POLITICAL ANALYSTS EUGENE ROBINSON. >> CALL THIS AN ASSOCIATE EDITOR FOR THE WASHINGTON POST. GOOD TO SEE YOU. ONE OF THE THINGS THAT WAS USED IN ONE OF THOSE. >> TATE MONTAGE IS WERE DEMOCRATS. TALKING ABOUT THE FACT THIS WOULD END IN THEIR HOPE IS THAT DONALD TRUMP WOULD NOT BE ABLE TO RUN AGAIN. IT WAS USED AGAINST THEM IN THIS CONTEXT. BUT WHAT IS THE REALITY OF MATTER, HOW THIS THING PLAYS DOWN.

WHAT IS HOW IS THE POLITICAL FUTURE OF DONALD TRUMP AFFECTED BY THIS. >> BUT YOU KNOW, THAT'S A THAT'S A VERY GOOD YOU SAW NIKKI TODAY SORT OF BACKING AWAY FROM DONALD TRUMP. OTHERS ARE GOING TO EMBRACE HIM. YOU HEARD THE THREAT. AND I THINK IT WAS JUST EXPLICIT IN BRUCE SUMMATION OF PRIMARY CHALLENGES TO WERE INSUFFICIENTLY LOYAL TO TO PRESIDENT YOU KNOW, I THINK I THINK BE PRINCIPLE ACTOR IN THE REPUBLICAN PARTY.

NO MATTER WHICH WAY THIS BESPOKE GOES, AT LEAST IN THE SHORT TERM THE PRESIDENT'S INFLUENCE TO WAY MORE QUICKLY THAN THEY WOULD LIKE IN MORE QUICKLY THAN WE REALIZE AT THE TIME. I SUSPECT THAT WILL HAPPEN TO COME TO PUT USE THESE KIND OF IN A UNIQUE POSITION RIGHT NOW TO USE THE KINGMAKER. AND STILL JUST JUST ONE THING ABOUT ONE OTHER THING ABOUT SUMMATION. HEARD I THINK A PREVIEW OF THIS POTENTIAL CRIMINAL DEFENSE IN GEORGIA. WITH THAT BUSINESS ABOUT THE WORD FIND WHAT IT MEANS AND THAT COLD READ RAFFENSPERGER BECAUSE IT'S NOW UNDER CRIMINAL INVESTIGATION IN GEORGIA. BUT I THINK THAT ALSO OPEN THE DOOR FOR THE DEMOCRATIC HOUSE MANAGERS TO TO MITIGATE THE BIG LOT BIG LIE ABOUT THE YOU KNOW, THE PRESIDENT'S DEFENSE WASN'T GOING TO TOUCH ON BUT DID IN FACT TOUCH ON. IN THAT AND I THINK THAT OPEN THE DOOR AND WHAT IS POTENTIALLY SOME STRONG BY DEMOCRATS EXPECT I'M NOT SURE HEARD MIKE PENCE'S NAME MENTIONED AND IT WAS I FORGIVE ME, BUT I DON'T THINK I'VE >> DO YOU THINK THAT WAS SOMETHING THEY REALLY DIDN'T WANT TO TEST THIS IDEA OF AS THE PRESIDENT IS TWEETING ABOUT HIS VICE PRESIDENT, VICE PRESIDENT ACTUALLY REASONABLE FEAR OF HIS LIFE.

>> THINK I THINK RIGHT. I THINK MISSION NOT BY ACCIDENT BECAUSE WE NOW KNOW THE PRESIDENT WAS AWARE THAT THE VICE PRESIDENT HAD TO BE FROM THE CAPITALS, WHICH WAS THAT SERIOUS SO WHY WASN'T THE PRESIDENT TRYING TO MORE TO POTENTIAL SAVE THE LIFE HIS PLACE, AND AGAIN, THAT IS THE BIG HOLE IN THE IF YOU DID NOT TO TO INCITE A RIOT. DID YOU NOT TRY TO STOP. TRY TO STOP THE MORE QUICKLY AND MORE ONCE IT AND AND THEY DON'T THEY DIDN'T OFFER AN ANSWER TO THAT QUESTION AND IT WILL BE INTERESTING TO SEE IF THEY COME UP WITH ONE GAME A QUESTION ABOUT ALL EUGENE, THANKS. ALSO WITH US IS CHIEF WASHINGTON CORRESPONDENT ANDREA MITCHELL AND REALLY YOU WANT TO PICK UP ON THAT THOUGHT ABOUT EXACTLY WHAT WE DID HERE.

>> I THINK EUGENE AND LESTER'S, YOU KNOW, YOUR CONVERSATION IS EXACTLY TO THE POINT. THE FACT THAT HE DID NOT MENTION THAT THE DEFENSE DID NOT ADDRESS THE WHOLE ISSUE OF MIKE PENCE BECAUSE THE PRESIDENT FOR ALL OF THOSE HOURS. SHE WAS AWARE OF IT. AS WE KNOW FROM WHAT TOMMY CENTER FILL SAID. ALSO, WAS TWEETING ATTACKS ON MIKE PENCE AND WHAT WE'VE SEEN IN THE VIDEO IS THAT MIKE PENCE WAS REALLY A RALLYING CRY. HANG MIKE PENCE AND GALS WAS CORRECT. WAS THAT CONSTRUCTED OUTSIDE THE CAPITAL ITSELF ON THE GROUNDS THERE BY THE RIOTERS. SO THAT AND THE FACT THAT THE DEFENSE CHERRY PICKED STATEMENTS FROM THE PRESIDENT'S JANUARY 6 SPEECH. TRYING TO I THINK MISCHARACTERIZE THE INTENT OF THE SPEECH. WHETHER OR NOT IT WAS FOR INCITEMENT WAS OF COURSE, THERE THEIR CONTENTION, BUT ALSO NOT DEALING WITH ALL OF THOSE HOURS WHERE HE DID NOTHING NOT ONLY THE GUARDING MIKE PENCE AND HIS SAFETY AND ATTACKING MIKE PENCE DURING THAT TIME BUT DID NOTHING TO FULFILL HIS HIS CONSTITUTIONAL REQUIREMENT IS OATH TO PROTECT AND SECURE THE NATIONAL SECURITY OF THE UNITED STATES AT HOME AND ABROAD.

HE DID NOT CALL THE PENTAGON. HE DID NOT CALL IN FOR REINFORCEMENTS. SO THERE ARE SO MANY INSTANCES DURING THE 6 HOURS WHERE HIS BEHAVIOR WAS JUST REALLY QUESTIONABLE. ACCORDING TO THE HOUSE MANAGERS, BUT ALSO ACCORDING TO ANY INDEPENDENT FEW OF WHAT WAS GOING ON. ALSO, OF COURSE, THE RUN-UP, AS YOU WERE JUST SAYING WITH WITH YOU JANE. WHAT HAPPENED IN GEORGIA. THE FACT THAT THAT HAS NOW BEEN OPENED UP. I THINK THAT'S WHAT YOU'RE GOING TO HEAR IN THESE QUESTIONS. THE QUESTIONS THAT ARE BEING PRESENTED THAT WILL BE PRESENTED BY THE HOUSE MANAGERS ARE GOING TO BE TO THAT VERY POINT. ALL OF THE INCITEMENT PRIOR TO JANUARY 6 AND HAS CHECKED POINTED OUT EARLIER. THE FACT THAT HE ACTUALLY MOVE THE DATE TO JANUARY 6 BY CALLING FOR IT TO BE ON JANUARY 6. THAT'S WHEN THEY ACCORDING TO THE TESTIMONY CHANGE THEIR APPLICATION FOR A PERMIT IN FACT, FOR THE DAY WHEN THE ELECTORAL COLLEGE CERTIFICATION WAS TO BE RATIFIED. ALL TO THE POINT OF TRYING TO OVERTURN THE ELECTION RESULTS. THAT WERE CLEARLY EVIDENT THAT JOE BIDEN HAD BEEN ELECTED IN THAT LATELY AT LEAST MITCH MCCONNELL AND OTHERS IN THE SENATE.

REPUBLICAN CAUCUS FOR ACKNOWLEDGING. >> ALL RIGHT, ANDREA, LET ME BRING IN SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON. HOW WE AS I WAS WALKING, I WAS TAKING OFF WATCHING. I WAS TAKING OFF SOME OF THE THINGS THAT I KNEW WOULD PLAY WELL TO THE BASE THEY BROUGHT UP THE MEDIA AND T A HYPOCRISY I CANCEL CULTURE A WITCH HUNT ELIZABETH HILLARY CLINTON OBVIOUSLY THINGS THAT WE KNOW THAT THAT BUT PLAYED VERY STRONGLY WITH THE WITH THE REPUBLICAN WAS WAS THAT A LOT OF THE GOAL, THE AUDIENCE OUTSIDE THOSE CHAMBERS. >> BECAUSE THE AUDIENCE OUTSIDE THE CHAMBER LESTER IS AFFECTING THE AUDIENCE INSIDE THE CHAMBER, RIGHT. LIKE IT OR NOT, AS WE'VE HEARD AGAIN AND AGAIN, IT'S A POLITICAL PROCEEDING IN MANY WAYS AND THOSE SPECIFICALLY REPUBLICAN SENATORS TO ARE THE ONES WHO'RE THE CORE AUDIENCE HERE BECAUSE IT DOES SEEM LIKE DEMOCRATS KNOW HOW THEY'RE GOING TO VOTE ON TO A LARGE THEY HAVE CONSTITUENTS AND THOSE CONSTITUENTS STILL SUPPORT IN LARGE PART SPEAKING BROADLY ABOUT THE REPUBLICAN PARTY, DONALD TRUMP AND YOU SEE THAT LEICESTER IN NEW POLLING.

A NEW POLL JUST OUT THIS WEEK FROM CBS. YOU GOT SHOWS THAT TWO-THIRDS OF REPUBLICAN VOTERS SAY IT IS STILL VERY IMPORTANT OR SOMEWHAT IMPORTANT THAT THE GOP CONTINUE TO BACK DONALD TRUMP. 71% SAY THAT A VOTE TO CONVICT THE FORMER PRESIDENT WOULD BE SEEN AS DISLOYAL TO THE PARTY. A SIGN OF DISLOYALTY NOT A SIGN OF, FOR EXAMPLE, BEING ABLE TO TO STAND UP FOR WHATEVER YOU MAY THINK IS RIGHT. AND SO I THINK THOSE NUMBERS GIVE YOU A SENSE MORE BROADLY OF WHERE THIS PARTY IS. YOU HEARD EUGENE TALKING ABOUT COMMENTS FROM NIKKI HALEY THAT ARE OUT TODAY. THEY'RE MAKING A LOT OF WAVES IN THE SORT OF BOOK BELTWAY POLITICAL SPHERE, IF YOU WILL.

NIKKI HALEY WIDELY SPECULATED TO BE A CONTENDER FOR 2024 TALKING VERY HARSHLY ABOUT THE FORMER PRESIDENT SAYING HE HAS FALLEN SO FAR WE SHOULD NOT HAVE LISTEN TO HIM BUT JUST 2 WEEKS AGO IT WAS NIKKI HALEY APPEARING OVER ON A DIFFERENT CABLE NETWORK SAYING GIVE THE MAN A BREAK, ARGUING AGAINST IMPEACHMENT. YOU DO HAVE PEOPLE LIKE KARL ROVE, FOR EXAMPLE, SENATOR LISA MURKOWSKI HAVE SUGGESTED THAT THERE IS NO WAY THAT DONALD TRUMP COULD HAVE A POLITICAL FUTURE. NOW AND COULD REALLY REALISTICALLY RUN AGAIN IN 2024, ALTHOUGH HE IS LIKELY TO CONTINUE TO TALK ABOUT IT. BUT THE NUMBERS SHOW YOU WHERE THE BASES. THEY ALSO WANT TO DRAW YOUR ATTENTION TO SOMETHING ELSE LESTER, WE'VE BEEN AS WE'RE HAVING THESE CONVERSATIONS. IF OUR VIEWERS HAVE SEEN ON THE RIGHT SIDE OF OUR SCREEN.

THIS IS THE AREAS OF OUTSIDE ON THE HILL WHERE REPORTERS ARE TALKING WITH, YOU KNOW, IF THEY CAN OF THE SENATE ANY THEIR ATTORNEYS TO WALK BY. THERE'S A POOL CAMERA THERE. I KNOW THAT'S LIVE OR TAPED OF CHUCK SCHUMER WITH THIS. WE'RE TALKING ABOUT IF YOU NOTICE, YOU SAW SENATOR GRAHAM, SENATOR LINDSEY GRAHAM WALK BY OR 2 ON THE HILL REPORTS THAT SENATOR GRAHAM EVEN JUST IN THE LAST COUPLE MINUTES WAS CONFERRING WITH THE TRUMP DEFENSE TEAM ARE SEEN INSIDE THAT ROOM WITH THE TRUMP DEFENSE TEAM.

THIS IS NOTABLE BECAUSE AS CASEY HUNT REPORTED SENATORS GRAHAM LEE AND CRUZ TALKED WITH THE DEFENSE TEAM LATE YESTERDAY. WE KNOW BASED ON THE REPORTING THAT WE HAVE THAT THEY WERE BASICALLY KICKING AROUND IDEAS GETTING AND GIVING ADVICE, IF YOU WILL, A SIGNAL THAT EVEN AS LATE AS YESTERDAY THERE WERE SOME REPUBLICANS ALLIES OF THE FORMER PRESIDENT. WE'RE A LITTLE BIT CONCERNED ABOUT WHAT THEY MIGHT SEE FROM THIS DEFENSE PRESENTATION TODAY. IT HAS CONCLUDED AFTER 2 HOURS AND 30 MINUTES JUST BY WAY OF COMPARISON.

LESTER. OBVIOUSLY THIS IS A DIFFERENT TRIAL THAN THE FIRST ONE DIFFERENT TIME FRAMES. DIFFERENT REFERENCES. THE DEFENSE IN TRIAL WON THE FIRST IMPEACHMENT WET JUST ABOUT MORE THAN 9 HOURS DURING THAT FIRST IMPEACHMENT THIS TIME THE DEFENSE FELT LIKE THEY MADE THE POINTS HE NEEDED TO MAKE. THEY WANTED IT FOR LACK OF A BETTER PHRASE. GET THIS SHOW ON THE ROAD BECAUSE THEY THINK THEY HAVE SEEN AND REPUBLICANS. I'VE TALKED TO BELIEVE THAT AN ACQUITTAL IS GOING TO BE THE END OF THIS PATH, AT LEAST BASED ON HOW THINGS ARE GOING AT THE MOMENT AS ALWAYS, THINGS COULD CHANGE HOW IT'S GOING TO CASEY HAD RIGHT NOW ON CAPITOL HILL. CASEY, YOU'RE SHOWING US EARLIER. THOSE CARDS IN WHICH THE SENATORS WILL WILL SUBMIT THEIR QUESTIONS. >> TO WHAT EXTENT ARE THERE TO LIVE IN THAT DELIBERATION. BUT CONVERSATIONS ABOUT WHAT QUESTIONS MIGHT BE HELPFUL TO A PARTICULAR SIDE OR IS THIS STRICTLY THE THE SENATORS ON THEIR OWN. I JUST ASKING WHAT THEY WANT TO KNOW. >> I THINK IT'S A LITTLE BIT OF BOTH LEICESTER. AND WHILE YOU'VE SEEN THE BOTH THE DEFENSE AND THE PROSECUTION IN THIS TRIAL GIVE SOME BACK SOME OF THEIR TIME.

I THINK WE'VE COME TO KNOW THAT SENATORS TYPICALLY LIKE TO USE ALL THE TIME THAT THEY HAVE AVAILABLE TO THEM FOR THINGS LIKE THIS. SO I WOULD BE SURPRISED IF THEY DON'T USE THE FULL TIME HERE AND I'M INTERESTED TO SEE IF THIS IS A SIMILAR OR DIFFERENT TO HOW WE SAW IT PLAY OUT LAST TIME AND WHETHER EACH SIDE IS LOOKING TO TRY TO BOLSTER THEIR OWN CASE OR IF THEY'RE TRYING TO POKE HOLES OR ASK ADDITIONAL QUESTIONS ABOUT THE OTHER SIDE. IT'S 2 DIFFERENT STRATEGIES AND SOME OF THE QUESTIONS. I THINK IT AND THIS ACTUALLY IS A LITTLE BIT OF WHAT ANDREW MITCHELL WAS HITTING ON JUST A MINUTE OR SO AGO.

THE BIG THE BIG QUESTION THAT MANY OF BOTH REPUBLICANS AND DEMOCRATS THAT I TALKED TO IS ABOUT WHAT WAS PRESIDENT TRUMP DOING WHILE THE RIOT WAS GOING ON BECAUSE THERE ARE ONLY A HANDFUL OF ACTUAL WITNESSES TO THAT. THERE HAS BEEN REPORTING ABOUT IT. BUT THE REALITY IS THE TRUMP TEAM IF IN FACT THAT WAS GOING TO BE EXCULPATORY. WHY DID THEY NOT LAY OUT MORE INFORMATION ABOUT WHAT HE WAS DOING IN THE COURSE OF THEIR DEFENSE. AND I THINK THAT'S SOMETHING THAT YOU'RE LIKELY TO SEE BROUGHT UP THROUGHOUT THROUGHOUT THE COURSE OF THIS. I THINK THERE ARE ALSO QUESTIONS ABOUT WHAT THE PRESIDENT'S MINDSET WAS LIKE AHEAD OF JANUARY 6TH AND SOME OF THOSE TWEETS THAT ENCOURAGED PEOPLE TO COME.

THE OTHER PEACE. OF COURSE, THE MOVING OF THAT PERMIT THAT ANDREA ALSO REFERENCED. WHAT IS THAT OF THE DEFENSE TEAM KNOW ABOUT THAT. I I THINK THAT THERE ARE A LOT OF STRICTLY FACTS HERE THAT COULD POTENTIALLY CONTRIBUTE TO THE CASE ONE WAY OR THE OTHER AND THEN OF COURSE, THE OTHER INTERESTING PIECE OF THIS IS COOL. ARE THE QUESTIONS COMING IN THE LAST TRIAL WE ENDED UP SEEING QUESTIONS FROM PEOPLE, BOTH THAT WERE ON THE PARTISAN SIDE. WE'RE TRYING TO TO MAKE A 0.1 WAY OR THE OTHER. BUT WE ALSO HAD SOME QUESTIONS, FOR EXAMPLE, FROM MITT ROMNEY, FROM A COUPLE OTHER SENATORS WE WERE WATCHING TO SEE IF THEY MIGHT VOTE BACK THEN TO FORMER PRESIDENT TRUMP ON THE CHARGES HE FACED AT THAT POINT. SO I'M LOOKING TO SEE IF ANY OF THESE SENATORS WHOM MAY BE CONSIDERING A VOTE FOR CONVICTION. SUBMIT QUESTIONS THAT ARE ACTUALLY READ ON THE FLOOR. SO. WE KNOW THAT ROMNEY SUBMITTED 5 QUESTIONS. THAT'S WHAT HE TOLD US. AND THEY HAVE SAID THAT THEY'RE PLANNING ON RELEASING THE QUESTIONS THAT ROMNEY IT'D NOW, NOT EVERY SENATOR WILL NEED TO DO THAT.

ALTHOUGH ONE OF THE QUESTIONS IS CHOSEN TO BE RIGHT ON THE FLOOR. THEIR NAME WILL BE ATTACHED TO IT AND THEY ARE GOING TO GROUP THE QUESTIONS TOGETHER FOR EFFICIENCY. SO IF THERE ARE 2 OR 3 SENATORS WERE ASKING A VERY SIMILAR QUESTION. THE QUESTION COULD BE READ FROM MULTIPLE SENATORS AND ASKED ON THE FLOOR. BUT IF WE START TO SEE QUESTIONS FROM PEOPLE LIKE RICHARD SHELBY OF ALABAMA WHO'S RETIRING. HE'S ONE OF THE SENATE'S LAST OLD BULLS. I DOUBT WE WILL GET A QUESTION FROM THE MINORITY LEADER MITCH MCCONNELL. IT WOULD BE A REALLY BIG DEAL IF WE DID. HE IS STILL REALLY THAT THE PERSON THAT WE ARE WATCHING THE MOST CLOSELY AS WE LOOK AHEAD TO THE VOTE TOMORROW, OTHER I SAW GROUPED AROUND MCCONNELL'S DESK ARE THE ONES I'M FOLLOWING RICHARD BURR OF NORTH CAROLINA. HE'S NOT RUNNING AND ALSO FACED SOME LEGAL PROBLEMS DURING THE TRUMP ADMINISTRATION AS HE WAS THE CHAIRMAN OF THE SENATE INTELLIGENCE COMMITTEE THAT RAISE SOME QUESTIONS ABOUT HIS RELATIONSHIP WITH THE FORMER PRESIDENT.

PEOPLE LIKE THAT. JERRY MORAN OF KANSAS, ALTHOUGH I I WOULD ALSO BE SURPRISED IF IF HE ASKED A QUESTION. SO IT'S THAT GROUP OF PEOPLE THAT I'M REALLY LOOKING TO SEE IF NOT ONLY DO THEY ASK QUESTIONS AT ALL. BUT IF SO, ARE THE QUESTIONS ANTAGONISTIC. TOWARD THE FORMER PRESIDENT AT ALL OR ARE THEY SEARCHING FOR SPECIFIC PIECES OF EVIDENCE OR INFORMATION THAT COULD CONTRIBUTE TO A CASE. LISA MURKOWSKI IS ANOTHER ONE. TO HAD QUESTIONS LAST TIME AROUND AND WATCHING HER TOO SOON TO. ALL RIGHT. WELL, HERE WE GO. PRESENCE IN 47. >> THESE CENTERS PROVIDE UP TO 4 HOURS DURING WHICH SENATORS MAY SUBMIT QUESTIONS IN WRITING. DIRECTED EITHER TO THE MANAGERS ON THE PART OF THE HOUSE REPRESENTATIVES. HER COUNSEL FOR THE FORMER PRESIDENT. MAJORITY LEADER. PRESIDENT. >> I ASK UNANIMOUS CONSENT THAT THE ANSWERS WITHIN THE FOR OUR QUESTION PERIOD BE LIMITED TO 5 MINUTES EACH AND IF THE QUESTIONS ARE DIRECTED TO BOTH PARTIES THE TIMES BE EQUALLY DIVIDED FOR THE MORE THAT THAT QUESTION QUESTIONS ALTERNATE SIDES FOR POSING QUESTIONS FOR AS LONG AS BOTH SIDES HAVE QUESTIONS.

>> WITHOUT OBJECTION. SO ORDERED. MISTER PRESIDENT. I HAVE A QUESTION AT THE DESK FOR THE DESK. SO WE'LL SUBMIT IT. THE QUESTION FROM SENATOR SCHUMER AND SENATOR FEINSTEIN. HIS DIRECTED TO THE HOUSE MANAGERS OF HER >> ISN'T IT THE CASE THAT THE VIOLENT ATTACK AND SIEGE ON THE CAPITOL ON JANUARY 6 WOULD NOT HAVE HAPPENED IF NOT FOR THE CONDUCT OF PRESIDENT TRUMP. ♪ BUT THE 5 MINUTES. >> TO ANSWER YOUR QUESTION. VERY DIRECTLY. DONALD TRUMP, SOME OF ASSEMBLE A MOB AND HE LIT THE FLAME. EVERYTHING THAT FOLLOWED WAS BECAUSE OF HIS DOING. AND ALTHOUGH WE COULD HAVE IMMEDIATELY AND FORCEFULLY INTERVENE TO STOP THE VIOLENCE.

HE NEVER DID. IN OTHER WORDS, THIS VIOLENT BLOOD INSURRECTION THAT OCCURRED ON JANUARY 6 WOULD NOT HAVE OCCURRED. BUT FOR PRESIDENT TRUMP. THE EVIDENCE WE PRESENTED A TRIAL MAKES THIS ABSOLUTELY CLEAR. THIS ATTACK, AS WE SAID, DIDN'T COME FROM ONE RANDOM SPEECH. AND IT DIDN'T HAPPEN BY ACCIDENT AND DIDN'T COME OUT OF THIN AIR. BEFORE THE ELECTION. DONALD TRUMP SPREAD LIE AFTER LIE ABOUT POTENTIAL FRAUD IN ELECTION. REMEMBER THAT HAD EVEN HAPPENED YET MONTHS BEFORE THE ELECTION TOOK PLACE. HE WAS SAYING IT WAS RIG THAT IT WAS GOING TO BE STOLEN ALL TO MAKE HIS SUPPORTERS.

BELIEVE. THE ONLY WAY HE WAS GOING TO LOSE IS IF THE ELECTION WAS STOLEN. IF THE ELECTION WAS RIGGED. AND WHAT HE DID LOSE. HE SPENT WEEK AFTER WEEK INCITING HIS SUPPORTERS TO BELIEVE THAT THEIR VOTES HAVE BEEN STOLEN AND THAT THE ELECTION WAS FRAUDULENT AND THAT IT WAS THEIR PATRIOTIC DUTY TO FIGHT LIKE HILL TO STOP THE STEAL AND TAKE THEIR COUNTRY BACK. REMEMBER, THIS IS IN THE UNITED STATES WHERE OUR VOTE IS OUR VOICE. YOU TELL SOMEBODY THAT AN ELECTION VICTORY IS BEING STOLEN FROM THEM. THAT'S A COMBUSTIBLE SITUATION. AND HE GAVE THEM A CLEAR DIRECTION ON HOW TO DEAL WITH THAT. FOR EXAMPLE, ON DECEMBER 19TH 18 DAYS PRIOR TO JANUARY 6. PRESIDENT TRUMP TOLD THEM HOW AND WHERE TO FIGHT FOR HE FIRST ISSUED HIS CALL TO ACTION 4 JANUARY 6TH. THIS WAS A SAVE THE DATE SENT 18 DAYS BEFORE THE EVENT ON JANUARY 6. AND WASN'T JUST A CASUAL ONE OFF REFERENCE OR A SINGULAR INVITATION FOR THE NEXT 18 DAYS. HE DIRECTED ALL OF THE RAGE HE HAD INCITED TO JANUARY 6.

AND THAT WAS FOR HIM WHAT HE SAW AS HIS LAST CHANCE. TO STOP THE TRANSFER POWER TO STOP FROM LOSING THE PRESIDENCY. AND HE SAID THINGS LIKE, QUOTE, FIGHT TO THE DEATH AND JANUARY 6 WILL BE A QUOTE, WILD IN QUOTE, HISTORIC DAY. AND THIS WAS WORKING. THEY GOT THE MESSAGE IN THE DAYS LEADING THE ATTACK REPORT AFTER REPORT SOCIAL MEDIA POST AFTER SOCIAL MEDIA POST CONFIRM THAT THESE INSURGENTS WERE PLANNING ARMED VIOLENCE, BUT THEY WERE PLANNING IT BECAUSE HE HAD BEEN PRIMING THEM BECAUSE HE HAD BEEN CAMPING THEM UP. THAT'S WHY THEY WERE PLANNING IT. >> WE'RE GOING TO DOING AND JUST FOR A FEW SECONDS OF SOME OF OUR STATIONS TO LOCAL COVERAGE FOR EVERYONE ELSE. WE RETURN YOU TO THE WERE PLANNING TO CARRY WEAPONS, INCLUDING GUNS TO TARGET THE CAPITAL ITSELF.

AND YET DONALD TRUMP FROM JANUARY 5TH TO THE MORNING OF HIS SPEECH TWEETED 34 TIMES URGING HIS SUPPORTERS TO GET READY TO STOP THE STEAL. HE EVEN ON THE EVE OF THE WARNED US THAT IT WAS COMING. HE WARNED US THAT THOUSANDS WERE DESCENDING INTO THE SEA AND WOULD NOT TAKE IT ANYMORE. AND WHEN THEY GOT HERE AT THE SEA OF AMERICA MARCH. HE TOLD THEM AGAIN IN THAT SPEECH EXACTLY WHAT TO DO. HIS HIS LAWYER OPENED WITH QUOTE. LET'S HAVE TRIAL BY COMBAT. THAT WAS RUDY GIULIANI. AND DONALD TRUMP BROUGHT THAT MESSAGE HOME. IN FACT, HE PRAISED THE JOLLY GIULIANI IS A FIGHTER. AND PRESIDENT TRUMP USED THE WORDS FIGHTER FIGHTING 20 TIMES IN THAT SPEECH. REMEMBER, YOU JUST TOLD THESE PEOPLE THESE THOUSANDS OF PEOPLE THAT SOMEBODY HAS STOLEN YOUR ELECTION, YOUR VICTORY.

YOU'RE NOT GOING TO GET THE PRESIDENT THAT YOU LOVE. SENATORS THAT IS AN INCREDIBLY COMBUSTIBLE SITUATION WHEN PEOPLE ARE ARMED. AND THEY'VE BEEN SAYING THAT THEIR MAN IS HEL. AND THEY'RE NOT GOING TO TAKE IT ANYMORE. HE LOOKED OUT. TO SEE IF THOUSANDS SOME WEARING BODY ARMOR HELMETS, HOLDING STICKS AND FLAG POLES, SOME OF WHICH THEY WOULD LATER USED TO BE CAPITOL POLICE. AND TOLD THEM THAT THEY COULD PLAY BY DIFFERENT RULES. PLAY BY DIFFERENT RULES. HE EVEN AT ONE POINT, QUITE LITERALLY POINT OF THE CAPITAL AS HE TOLD THEM TO FIGHT LIKE HELP.

AFTER THE ATTACK. YOU KNOW, WE'VE SHOWN CLEARLY WELL THAT ONCE THE ATTACK BEGAN INSURGENT AFTER INSURGENT MADE CLEAR THEY WERE FOLLOWING THE PRESIDENT'S ORDERS YOU SAW IS PRESENT THAT EVIDENCE OF THE INSURGENTS WERE THERE THAT DAY. HU SAID I CAME BECAUSE THE PRESIDENT ASKED ME TO COME. I WAS HERE AT HIS INVITATION. YOU SAW THAT OF THE FOLKS THAT WERE IN THE CAPITOL THAT DAY. I'M IS EXPIRED. OTHER FURTHER QUESTIONS. MISTER PRESIDENT. >> IS THAT ARE FROM SOUTH CAROLINA. OF COURSE. THANK YOU VERY MUCH, MISTER PRESIDENT TO >> I SEND A QUESTION TO THE DEATHS ON BEHALF OF MYSELF.

SENATOR CRUZ MARSHALL AND KRAMER TO COUNCIL. >> SENATOR GRAHAM FOR MARSHAL KRAMER. IT'S A QUESTION FOR THE COUNCIL FOR GO RECORD READ IT. >> DOES A POLITICIAN RAISING BAIL FOR RIOTERS ENCOURAGE MORE RIDING. COUNCIL HAS 5 MINUTES. THIS COUNCIL YOUR BACK TO REST OF THEIR TIME. COUNCILS TIME. AS YOU KNOW, THE BACK. ARE THERE OTHER QUESTIONS? MISTER PRESIDENT. FROM GEORGIA. I HAVE A QUESTION FOR THE SENATE TO THE DESK. >> THESE ARE FROM GEORGIA. SENATOR WARNOCK HAS A QUESTION FOR THE HOUSE MANAGERS. HER COOL READ THE QUESTION. >> IS IT TRUE OR FALSE THAT IN THE MONTHS LEADING UP TO JANUARY 6TH DOZENS OF COURTS, INCLUDING STATE AND FEDERAL COURTS IN GEORGIA REJECTED PRESIDENT TRUMP'S CAMPAIGN'S EFFORTS.

TO OVERTURN HIS LOSS TO JOE BIDEN. >> HOUSE MEASURE IS RECOGNIZED FOR 5 MINUTES. MISTER PRESIDENT, SENATORS. THAT IS TRUE. THAT'S TRUE. >> I WANT TO BE CLEAR, THOUGH, THAT WE HAVE ABSOLUTELY NO PROBLEM WITH PRESIDENT TRUMP HAVING PURSUED HIS BELIEF THAT THE ELECTION WAS BEING STOLEN. THAT THERE WAS FRAUD OR CORRUPTION OR UNCONSTITUTIONAL. THEY WE HAVE NO PROBLEM AT ALL WITH HIM GOING TO COURT TO DO IT. >> AND HE DID. AND HE LOST AND 61 ST CASES IN FEDERAL COURT IN STATE COURT IN THE LOWEST COURTS IN THE LAND IN THE U.S.

SUPREME COURT. HE LOST IT. HE LOST IN COURTS IN PENNSYLVANIA ARIZONA, GEORGIA, MICHIGAN, MINNESOTA, NEVADA AND WISCONSIN. ALL OF THEM SAID THE SAME THING. THEY COULDN'T FIND ANY CORRUPTION. THEY COULDN'T FIND ANY FRAUD. CERTAINLY NOTHING RISING TO A MATERIAL LEVEL THAT WOULD ALTER THE OUTCOME OF ANY OF THE ELECTIONS AND THERE WAS NO UNCONSTITUTIONALITY. THAT'S THE AMERICAN SYSTEM. AND SO. I MEAN, IT'S HARD TO IMAGINE HIM HAVING GOTTEN MORE DUE PROCESS THAN THAT IN PURSUING WHAT HAS COME TO BE KNOWN POPULARLY AS THE BIG LIE. THE IDEA THAT SOMEHOW THE ELECTION WAS BEING STOLEN FROM HIM. AND WE HAVE NO PROBLEM WITH THE FACT THAT HE WENT TO COURT TO DO ALL THOSE THINGS. BUT NOTICE NUMBER ONE, THE BIG LIE WAS REFUTED, DEVASTATED AND DEMOLISHED. IN FEDERAL AND STATE COURTS ACROSS THE LAND, INCLUDING BY 8 JUDGES APPOINTED BY PRESIDENT DONALD TRUMP HIMSELF. WE QUOTED EARLIER IN THE CASE. WHAT HAPPENED IN PENNSYLVANIA WHERE U.S.

DISTRICT COURT JUDGE MATTHEW BRANN SAID IN THE UNITED STATES, THIS CAN COURT HAS BEEN PRESENTED WITH STRAIN LEGAL ARGUMENTS WITHOUT MERIT AND SPECULATIVE ACCUSATIONS IN THE U.S. THIS CANNOT JUSTIFY THE DISENFRANCHISEMENT OF A SINGLE VOTER, LET ALONE ALL THE VOTERS OF ITS 6 MOST POPULOUS STATE. OUR PEOPLE LAWS AND INSTITUTIONS, DEMAND MORE WENT UP TO JUDGE STEPHANOS. THE BUS WAS A TRUMP APPOINTEE WHO'S PART OF THE APPEALS COURT PANEL. HE SAID THE CAMPAIGN'S CLAIMS HAVE NO MERIT.

NUMBER OF BALLOTS. A GOOD CHALLENGE IS FAR SMALLER THAN THE 81,000 VOTE MARGIN VICTORY NEVER CLAIMS FRAUD OR THAT ANY VOTES WERE CAST BY NEW LEGAL VOTERS. PLUS TOSSING OUT MILLIONS OF MAIL IN BALLOTS WOULD BE DRASTIC AND UNPRECEDENTED DISENFRANCHISING A HUGE SWATH OF THE ELECTORATE AND UPSETTING ALL OF THE DOWN BALLOT RACES TOO, WHICH INCIDENTALLY WEREN'T BEING CHALLENGED. EVEN THOUGH IT WAS THE EXACT SAME BALLOT. THAT THAT HAD BEEN BROUGHT. SO. THE PROBLEM WAS WHEN THE PRESIDENT WENT FROM HIS JUDICIAL COMBAT, WHICH WAS FINE TO INTIMIDATING INABILITY BULLYING STATE ELECTION OFFICIALS AND STATE LEGISLATORS AND THEN FINALLY, AS REPRESENTATIVE CHENEY SAID, SUMMONING A MOB ASSEMBLING A MOB AND THEN LIGHTING THE MATCH. INSURRECTION AGAINST THE UNION WHEN HE CROSSED OVER FROM NONVIOLENT MEANS NO MATTER HOW RIDICULOUS THAT'S FINE. HE'S EXERCISING HIS RIGHTS TO INCITING VIOLENCE. THAT'S WHAT THIS TRIAL IS ABOUT. AND WE HEARD VERY LITTLE OF THAT FROM THE PRESENTATION OF THE PRESIDENT'S LAWYERS. THEY REALLY DIDN'T ADDRESS THE FACTS OF THE CASE AT ALL. THERE WERE A COUPLE PROPAGANDA REELS ABOUT DEMOCRATIC POLITICIANS.

THAT WOULD BE EXCLUDED IN ANY COURTLAND THEY TALK ABOUT THE RULES OF EVIDENCE. ALL THAT WAS TOTALLY IRRELEVANT TO THE CASE BEFORE US. WHATEVER YOU THINK ABOUT IT. IT'S A RELEVANT AND I WILL BE HAPPY, OF COURSE, TO ADDRESS THE FIRST AMENDMENT STUFF. MISTER PRESIDENT, THE SENATOR FROM MAINE. >> MISTER PRESIDENT. I'D SEND A QUESTION TO THE DEATHS. >> THE QUESTION IS FROM SENATOR COLLINS AND SENATOR MURKOWSKI. IT IS FOR THE. COUNCIL FOR THE FORMER PRESIDENT EXACTLY. WHEN DID PRESIDENT TRUMP LEARNED OF THE BREACH OF THE CAPITAL. >> WHAT SPECIFIC ACTIONS DID HE TAKE TO BRING THE WRITING TO AN END. AND WHEN DID HE TAKE THEM. PLEASE BE AS DETAILED AS POSSIBLE. ♪ ♪ ♪ >> CLERK READ THAT QUESTION AGAIN.

BACK. EXACTLY. WHEN DID PRESIDENT TRUMP LEARNED OF THE BREACH OF THE CAPITAL AND WHAT SPECIFIC ACTIONS DID HE TAKE TO BRING THE WRITING TO AN END. AND WHEN DID HE TAKE THEM. PLEASE BE AS DETAILED AS POSSIBLE. DREAM. >> THE HOUSE MANAGERS HAVE GIVEN US ABSOLUTELY. THE OTHER ON TO THAT QUESTION. WE'RE ABLE TO PIECE TOGETHER A TIMELINE. AND IT GOES ALL THE WAY BACK TO THE DECEMBER 31ST JANUARY. 2ND, THERE IS A LOT OF INTERACTION THE AUTHORITIES GETTING FOLKS TO TO HAVE SECURITY BEFOREHAND ON THE DAY.

WE HAVE A TWEET. AT 2.38 SO IT WAS CERTAINLY SOME TIME BEFORE THEN. WITH THE RUSH TO BRING THIS IMPEACHMENT. THERE'S BEEN ABSOLUTELY NO INVESTIGATION INTO THAT. AND THAT'S THE PROBLEM. >> WITH THIS ENTIRE PROCEEDING. THE HOUSE MANAGERS DID 0 INVESTIGATION AND THE AMERICAN PEOPLE. DESERVE A LOT BETTER THAN COMING IN HERE WITH NO EVIDENCE. HEARSAY ON TOP. A HEARSAY ON TOP OF REPORTS THAT ARE OF HEARSAY. DUE PROCESS IS REQUIRED HERE. AND THAT WAS DENIED. >> MISTER PRESIDENT. THE SENATOR MISTER PRESIDENT. I SEND THE QUESTION TO THE DESK. >> THE THAT IS SENATOR SO IT'S A QUESTION FOR THE. HOUSE MANAGERS. AND THE CLERK WILL READ IT. ♪ >> ON JANUARY 6. THE ANTI SEMITIC PROUD BOYS GROUP THAT PRESIDENT TRUMP HAD TOLD TO STAND BY LAID SIEGE TO THE CAPITAL ALONGSIDE OTHER RIOTERS, INCLUDING ONE WEARING IT CAMP SURE. IS THERE EVIDENCE THAT PRESIDENT TRUMP KNEW OR SHOULD HAVE KNOWN THAT HIS TOLERANCE OF ANTI SEMITIC SPEECH. HATE SPEECH COMBINED WITH HIS OWN RHETORIC COULD INCITE THE KIND OF VIOLENCE WE SAW ON JANUARY 6TH. ♪ ♪ ♪ MISTER PRESIDENT SENATORS. >> DONALD TRUMP HAS A LONG HISTORY, PRAISING AND ENCOURAGING VIOLENCE AS HE SAW, HE IS THE SPOUSE HATEFUL RHETORIC HIMSELF.

HE HAS NOT JUST TOLERATED IT, BUT HE'S ENCOURAGED PEOPLE SPEECH BY OTHERS. HE HAS REFUSED, AS YOU SAW ON THE SEPTEMBER DEBATE THAT INTERVIEW TO CONDEMN EXTREMIST AND WHITE SUPREMACIST GROUPS LIKE THE PROUD BOYS AND HE HAS HAD EVERY OPPORTUNITY ENCOURAGED AND CULTIVATED ACTUAL VIOLENCE BY THESE GROUPS. YES, HE HAS ENCOURAGED ACTUAL VIOLENCE, NOT JUST THE WORD FIGHT. HE TOLD GROUPS LIKE THE PROUD BOYS WOULD BEATING PEOPLE WITH BASEBALL BATS TO STAND BY WHEN HIS SUPPORTERS IN THE 50 CAR CARAVAN TRIED TO DRIVE A BUS. A BIDEN CAMPAIGN WORKERS OFF THE ROAD. HE TWEETED A VIDEO OF THAT INCIDENT WITH FIGHT MUSIC AT ATTACHED TO IT AND WROTE I LOVE TEXAS WHEN HIS SUPPORTERS DEATH THREATS TO THE REPUBLICAN SECRETARY OF STATE RAFFENSPERGER IN GEORGIA. HE RESPONDED BY CALLING MISTER RAFFENSPERGER AN ENEMY OF THE STATE AFTER HE KNEW OF THOSE DEATH THREATS. AND IN THE MORNING OF THE SECOND MILLION MAGA MARCH WHEN IT ERUPTED IN VIOLENCE AND BURNED CHURCHES. HE BEGAN THAT DAY WITH THE TWEET WE HAVE JUST BEGUN TO FIGHT. I WANT TO BE CLEAR THAT DONALD TRUMP IS NOT ON TRIAL FOR THOSE PRIOR STATEMENTS.

HOWEVER, THAT HATEFUL AND VIOLENT AND INAPPROPRIATE. THEY MAY BE. BUT HIS STATEMENTS, THE PRESIDENT'S STATEMENTS MAKE ABSOLUTELY CREW HERE. 3 IMPORTANT POINTS FOR OUR CASE. FIRST PRESIDENT TRUMP HAD A PATTERN AND PRACTICE OF PRAISING AND ENCOURAGING VIOLENCE. NEVER CONDEMNING IT. IT IS NOT A COINCIDENT THAT THOSE VERY SAME PEOPLE PROUD BOYS ORGANIZERS OF THE TRUMP ERA. VAN SUPPORTERS AND SPEAKERS OF THE SECOND MILLION MAGA MARCH ALL SHOWED UP ON JANUARY 6 TO AN EVENT THAT HE HAD ORGANIZED WITH THOSE SAME INDIVIDUALS. HU HAD ORGANIZED THAT VIOLENT ATTACK. SECOND, HIS BEHAVIOR IS DIFFERENT. IT'S NOT JUST THAT IT WAS A COMMENT BY AN OFFICIAL TO FIGHT FOR A CAUSE. THIS IS MONTHS OF CULTIVATING A BASE OF PEOPLE WHOM WERE VIOLENT, NOT POTENTIALLY VIOLENT, BUT WE'RE VIOLENT AND THAT THAT PRIOR CONDUCT BOTH HELPED CULTIVATE THE VERY GROUP OF PEOPLE THAT ATTACKED US.

IT ALSO SELLS CLEARLY THAT HE HAD WITH THAT HE HAD THAT GROUP ASSEMBLED. HE FLAMED AND ALL THE PUBLIC REPORTS READY TO ATTACK. HE DELIBERATELY ENCOURAGE THEM TO ENGAGE IN VIOLENT ON JANUARY 6 PRESIDENT TRUMP HAD SPENT MONTHS CALLING HIS SUPPORTERS TO A MARCH. ON A SPECIFIC DAY AT A SPECIFIC TIME FOR A SPECIFIC PURPOSE. WHAT ELSE WERE THEY GOING TO DO TO STOP THE CERTIFICATION OF THE ELECTION ON THAT DAY. BUT TO STOP YOU. BUT TO STOP YOU PHYSICALLY. THERE WAS NO OTHER WAY, PARTICULARLY AFTER HIS VICE PRESIDENT SAID THAT HE WOULD REFUSE TO DO WITH THE PRESIDENT ASKED THE POINT IS THIS THE BY THE TIME HE CALLED THE CALVARY RE NOT, HOWEVER, READ THE OF HIS THOUSANDS OF SUPPORTERS ON JANUARY 6 AND THE EVENT HE HAD INVITED THEM TO. HE HAD EVERY REASON TO KNOW.

BUT THEY WERE ARMED VIOLENT. AND READY TO ACTUALLY FIGHT. HE KNEW HE WAS CALLING AND THE VIOLENCE THEY WERE CAPABLE OF AND HE STILL GAVE HIS MARCHING ORDERS TO GO TO THE CAPITOL END QUOTE. FIGHT LIKE HEL TO STOP THE STEAL. HOW ELSE WAS THAT GOING TO HAPPEN. IF THEY IT STATED THE LNP'S, MAYBE IT WOULD HAVE JUST BEING TOO VIOLENTLY IN IN FIGHT IN PROTEST WITH THEIR WORDS.

BUT TO COME TO THE CAPITAL. THAT IS WHY THIS IS DIFFERENT AND THAT IS WHY HE MUST BE CONVICTED AND ACQUITTED. DISQUALIFIED. THIS PRESIDENT. >> ON BEHALF OF SENATOR SCOTT OF SOUTH CAROLINA AND MYSELF. I LIKE TO SUBMIT A QUESTION TO THE DESK. >> SERVE TO THE QUESTION IS COUNCIL FOR THE FORMER PRESIDENT FROM SENATORS IN SCOTT OF SOUTH CAROLINA. CLERK READ THE QUESTION. ♪ >> GIVEN THAT MORE THAN 200 PEOPLE HAVE BEEN CHARGED FOR THEIR CONDUCT AT THE CAPITOL ON JANUARY 6.

THAT OUR JUSTICE SYSTEM IS WORKING TO HOLD THE APPROPRIATE PERSONS ACCOUNTABLE AND THAT PRESIDENT TRUMP IS NO LONGER IN OFFICE. ISN'T THIS SIMPLY A POLITICAL SHOW TRIAL THAT IS DESIGNEE DESIGNED TO DISCREDIT PRESIDENT TRUMP AND HIS POLICIES AND SHAME THE 74 MILLION AMERICANS HU VOTED FOR HIM. ♪ ♪ >> THANK YOU, SENATORS, FOR THOSE THAT QUESTION. THAT'S PRECISELY WHAT THE 45TH PRESIDENT BELIEVE THIS GATHERING IS ABOUT. WE BELIEVE IN LAW AND ORDER AND TRUST THAT THE FEDERAL AUTHORITIES THAT ARE CONDUCTING INVESTIGATIONS AND PROSECUTIONS IN AGAINST THE CRIMINALS THAT INVADED THIS BUILDING WILL CONTINUE THEIR WORK AND BE AS AGGRESSIVE AND THOROUGH AS WE KNOW THEM TO ALWAYS BE THEY WILL CONTINUE TO IDENTIFY THOSE THAT ENTERED THE INNER SANCTUM OF OUR GOVERNMENT AND DESECRATED.

THE 45TH PRESIDENT NO LONGER HOLDS OFFICE. THERE IS NO SANCTION AVAILABLE UNDER THE CONSTITUTION. AND OUR VIEW FOR HIM TO BE REMOVED FROM OFFICE THAT HE DON'T BE NO LONGER HOLDS THE ONLY LOGICAL CONCLUSION IS THAT THE PURPOSE OF THIS GATHERING IS TO EMBARRASS THE 45TH PRESIDENT OF THE UNITED STATES AND IN SOME WAY TRY TO CREATE AN OPPORTUNITY FOR SENATORS TO SUGGEST THAT HE SHOULD NOT BE PERMITTED TO HOLD OFFICE IN THE FUTURE OR AT THE VERY LEAST PUBLICIZE THIS THROUGHOUT THE LAND TO TRY TO DAMAGE IS. ABILITY TO RUN FOR WHEN AND IF HE IS ACQUITTED AT THE SAME TIME. TELL THEM 44, 74 MILLION PEOPLE VOTED FOR THEM THAT THEIR CHOICE WAS THE WRONG CHOICE. I BELIEVE THAT THIS IS A DIVISIVE. WAY OF GOING ABOUT HANDLING IMPEACHMENT AND IT DENIGRATES THE THE GREAT SOLEMNITY THAT SHOULD ATTACH TO SUCH PROCEEDINGS. YOU KNOW, THE REMAINDER OF MY TIMES.

>> SO FOR PRESIDENT, I SEND A QUESTION TO THE HOUSE MANAGER FOR THE HOUSE MANAGES TO THE DESK BECAUSE THE. PRESIDENTS THE WILL SEND THE QUESTION. TODAY. IT'S NOT A LOT. THE QUESTION IS FROM SENATOR MARKEY WAS SENATOR DUCKWORTH THE TO THE MANAGER PART OF THE HOUSE REPRESENTATIVES HER CREW READ THE QUESTION. >> EXACTLY WHEN DID THE PRESIDENT LEARNED OF THE BREACH AT THE CAPITOL AND WHAT STEPS DID YOU TAKE TO ADDRESS THE VIOLENCE, PLEASE BE AS DETAILED AS POSSIBLE. ♪ ♪ ♪ ♪ ♪ ♪ ♪ >> SHE WAS RUSHED TO RESPOND. >> STILL PRESIDENT. SENATORS.

THIS ATTACK WAS ON LIVE TV. ON ALL MAJOR NETWORKS IN REAL TIME. THE PRESIDENT AS PRESIDENT HAS ACCESS TO INTELLIGENCE INFORMATION INCLUDING REPORTS FROM INSIDE THE CAPITOL. HE KNEW THE VIOLENCE THAT WAS UNDER WAY. HE KNEW THE SEVERITY OF THE THREATS AND MOST IMPORTANTLY, HE KNEW THE CAPITOL POLICE WERE OVERWHELMINGLY OUTNUMBERED IN A FIGHT FOR THEIR LIVES AGAINST THOUSANDS OF INSURGENTS WITH WEAPONS. WE KNOW HE KNEW THAT. WE KNOW THAT HE DID NOT SON ANY INDIVIDUALS. WE DID NOT HEAR ANY TWEETS. WE DID NOT HEAR HIM TELL THOSE INDIVIDUALS STOP. THIS IS WRONG. YOU MUST GO BACK. WE DID NOT HEAR THAT. SO WHAT ELSE DID THE PRESIDENT DO. WE ARE UNCLEAR, BUT WE BELIEVE IT WAS A DERELICTION OF HIS DUTY AND THAT WAS BECAUSE HE WAS THE ONE HU HAD CAUSED THEM TO COME TO THE CAPITAL AND THEY WERE DOING WHAT HE ASKED THEM TO DO SO.

THERE WAS NO NEED FOR HIM TO STOP THEM FROM WHAT THEY WERE ENGAGED IN. BUT ONE OF THE THINGS I WOULD LIKE TO ASK IS WE STILL HAVE NOT HEARD AND POSE TO YOU ALL THE QUESTIONS THAT WERE RAISED BY MR. RASKIN MANAGER RASKIN IN HIS CLOSING ARGUMENT. WHY DID THE PRESIDENT TRUMP NOT TELL THE PROTESTERS TO STOP AS SOON AS HE LEARNED ABOUT IT. WHY DID PRESIDENT TRUMP DID NOTHING TO STOP THE ATTACK FOR 2 HOURS AFTER THE ATTACK BEGAN.

WHY DID PRESIDENT TRUMP DO NOTHING TO HELP PROTECT THE CAPITAL AND LAW ENFORCEMENT BATTLING THE INSURGENTS YOU SAW THE BODY CAM OF A CAPITOL POLICE OFFICER. 29 STILL FIGHTING. >> FOR 29. >> AFTER SINCE WHAT TIME ONE, 2 O'CLOCK IN THE AFTERNOON. WHY DID HE NOT CONDEMN THE VIOLENT INSURRECTION ON JANUARY 6. THOSE ARE THE QUESTIONS THAT WE HAVE AS WELL. AND THE REASON THIS QUESTION KEEPS COMING UP. IT'S BECAUSE THE ANSWER IS NOTHING. MISTER PRESIDENT. >> THEY YOU I SEND A QUESTION TO THE DESK.

THE SENATOR FROM. UTAH, MISTER ROMNEY IN. THE AVERAGE SENATOR IT'S A QUESTION CLERK WILL READ IT. I APOLOGIZE. THE QUESTION IS FOR BOTH SIDES OF THE TIME WILL BE EVENLY DIVIDED. >> WHEN PRESIDENT TRUMP SENT THE DISPARAGING TWEET AT 02:24PM REGARDING VICE PRESIDENT PENCE. WAS HE AWARE THAT VICE PRESIDENT. HAD BEEN REMOVED FROM THE SENATE BY THE SECRET SERVICE FOR HIS SAFETY. ♪ THEY HOUSE MANAGER. AND TIME WILL BE EVENLY DIVIDED BETWEEN. OF COURSE, OVER THE CLERK. READ THE QUESTION AGAIN. WHEN PRESIDENT TRUMP SENT THE DISPARAGING TWEET AT 02:24PM REGARDING VICE PRESIDENT PENCE. WAS HE AWARE THAT THE VICE PRESIDENT HAD BEEN REMOVED FROM THE SENATE BY THE SECRET SERVICE FOR HIS SAFETY.

♪ >> THE HOUSE SERVES AS THE JURORS ARE RECOGNIZED TO AND HALF MINUTES. THANK YOU. WELL, LET ME TELL YOU WHAT HE SAID AT 02:24PM. HE SAID MIKE PENCE DIDN'T HAVE THE COURAGE TO DO WHAT SHOULD HAVE BEEN DONE TO PROTECT OUR COUNTRY IN OUR CONSTITUTION, USA DEMANDS THE TRUTH. AND YOU KNOW BY NOW WHAT WAS ALL OVER THE MEDIA. YOU COULDN'T TURN ON THE TELEVISION CAN TURN ON THE RADIO CAN CONSUME ANY MEDIA OR PROBABLY TAKE ANY PHONE CALLS OR ANYTHING ELSE WITHOUT HEARING ABOUT THIS AND ALSO HEARING ABOUT THE VICE PRESIDENT. AND HERE'S WHAT DONALD TRUMP HAD TO KNOW AT THAT TIME BECAUSE THE WHOLE WORLD KNEW IT. ALL OF US KNEW IT. WHY TELEVISION HAD BY THIS POINT SHOW THAT THE INSURGENTS WERE ALREADY INSIDE THE BUILDING AND THAT THEY HAD WEAPONS AND THAT THE POLICE WERE OUT NUMBER.

AND HERE ARE THE FACTS. THEY'RE NOT IN DISPUTE. DONALD TRUMP HAD NOT TAKEN ANY MEASURES TO SEND HELP TO THE OVERWHELMED. CAPITOL POLICE. AS PRESIDENT. AT THAT POINT, WHEN YOU SEE ALL THIS GOING ON IN THE PEOPLE AROUND YOU ARE IMPLORING YOU TO DO SOMETHING AND YOUR VICE PRESIDENT. IS THERE. WHY WOULD YOU DO IT? DONALD TRUMP NOT PUBLICLY CONDEMNED THE ATTACK. THE ATTACKERS ARE TOLD HIM TO STAND DOWN DESPITE MULTIPLE PLEAS TO DO SO. AND DONALD TRUMP HADN'T EVEN ACKNOWLEDGED THE ATTACK. AND AFTER WEDNESDAY'S TRIAL PORTION CONCLUDED A SENATOR TUBERVILLE SPOKE TO REPORTERS AND CONFIRMED THE CALL THAT HE HAD WITH THE PRESIDENT AND DID NOT DISPUTE MANAGER SICILY NEEDS DESCRIPTION. ANYWAY. THERE WAS A CALL BETWEEN HE AND THE PRESIDENT. AROUND THE TIME THAT MIKE PENCE WAS BEING USHERED OUT OF THE CHAIN. AND THAT WAS SHORTLY AFTER 02:00PM. AND SENATOR TUBERVILLE SPECIFICALLY SAID THAT HE TOLD THE PRESIDENT MISTER PRESIDENT.

THEY JUST TOOK THE VICE PRESIDENT OUT. I'VE GOT TO GO. THAT WAS SHORTLY AFTER 02:00PM. THERE WERE STILL HOURS OF CHAOS AND CARNAGE AND MAYHEM. THE VICE PRESIDENT AND HIS FAMILY. WE'RE STILL IN DANGER AT THAT POINT. OUR COMMANDER IN CHIEF DID NOTHING. COUNSEL FOR THE FORMER PRESIDENT. THE ANSWER IS NOW. AT NO POINT WAS THE PRESIDENT INFORMED, THE VICE PRESIDENT WAS IN ANY DANGER BECAUSE THE HOUSE RUSH THROUGH THIS IMPEACHMENT AND 7 DAYS WITH NO EVIDENCE. THERE'S NOTHING AT ALL IN THE RECORD ON THIS POINT. BECAUSE THE HOUSE FAILED TO DO EVEN A MINIMUM AMOUNT OF DUE DILIGENCE. WHAT THE PRESIDENT DID KNOW IS THAT THERE WAS A VIOLENT. THERE WAS A VIOLENT RIOT HAPPENING AT THE CAPITOL. THAT'S WHY HE REPEATEDLY CALLED VIA TWEET AND VIA VIDEO FOR THE RISE TO STOP TO BE PEACEFUL, TO RESPECT CAPITOL POLICE AND LAW ENFORCEMENT AND TO COMMIT NO VIOLENCE.

AND TO GO HOME. BUT TO BE CLEAR. THIS IS AN ARTICLE OF IMPEACHMENT FOR INCITEMENT. THIS IS NOT AN ARTICLE OF IMPEACHMENT FOR ANYTHING ELSE. SO ONE COUNT THEY COULD HAVE CHARGED ANYTHING THEY WANTED. THEY CHOSE TO TO THE TO CHARGE INCITEMENT. SO THAT THE QUESTION, ALTHOUGH ANSWER DIRECTLY NO, IT'S NOT REALLY RELEVANT TO THE CHARGES FOR THE IMPEACHMENT IN THIS CASE. AND I JUST WANTED TO CLEAR UP ONE MORE THING. MISTER CASTRO IN HIS FIRST ANSWER MAY OF SPOKE. BUT WHAT HE SAID WAS MISTER TRUMP. IT SAID FIGHT TO THE DEATH. THAT'S FALLS. I'M HOPING HE MISSPOKE.

MISTER PRESIDENT. THE OF THIS SERVE >> MISTER PRESIDENT ON BEHALF OF MYSELF AND SENATORS CASEY AND BROWN EYES. SEND A QUESTION TO THE DESK. >> THIS QUESTION FROM SENATOR KLOBUCHAR ARE CASES CENTER. BROWN TO THE HOUSE MANAGERS. A CLERK WILL REPORT. ♪ >> IN PRESENTING YOUR CASE. YOU RELIED ON PAST PRESIDENTS FROM IMPEACHMENT TRIALS SUCH AS WILLIAM BELL IMPEACHMENT AFTER WHAT YOU HAVE PRESENTED IN THE COURSE OF THIS TRIAL. IF WE DO NOT CONVICT FORMER PRESIDENT TRUMP. WHAT MESSAGE WILL WE BE SENDING TO FUTURE PRESIDENTS AND CONGRESSES. ♪ ♪ ♪ ♪ >> PRESIDENT TRUMP ENGAGED IN COURSE OF CONDUCT THAT INSIDE ARMED ATTACK ON THE CAPITAL. HE DID SO WHILE SEEKING TO OVERTURN THE RESULTS OF THE ELECTION AND FORT THE TRANSFER OF POWER.

AND WHEN THE ATTACK BEGAN, HE FURTHER INCITE VIOLENCE TO HIS OWN VICE PRESIDENT, EVEN AS DEMONSTRATED HIS STATE OF MIND BY FAILING TO DEFEND US AND THE LAW ENFORCEMENT OFFICIALS TO PROTECT US. THE CONSEQUENCES OF HIS CONDUCT WERE DEVASTATING ON EVERY LEVEL. POLICE OFFICERS WERE LEFT OVERWHELMED UNPROTECTED. CONGRESS HAD TO BE EVACUATED STAFF BARRICADED IN THIS BUILDING CALLING THEIR FAMILIES TO SAY GOODBYE. SOME OF US LIKE MISTER RASKIN HAVE CHILDREN HERE. AND THESE PEOPLE IN THIS BUILDING. SOME OF WHOM WERE ON THE FBI'S WATCH LIST TOOK PHOTOS. STILL LAPTOPS DESTROYED PRECIOUS STATUES INCLUDING ONE OF JOHN LEWIS. DESECRATED, THE STATUE OF HER RECENTLY DECEASED A MEMBER OF CONGRESS HU STOOD FOR NONVIOLENCE. THIS WAS DEVASTATING. AND THE WORLD WATCHED US AND THE WORLD IS STILL WATCHING US. SEE WHAT WE WILL DO THIS DAY. AND WE'LL KNOW WHAT WE DID THIS STATE. 100 YEARS FROM NOW. THOSE ARE THE IMMEDIATE CONSEQUENCES. AND OUR ACTIONS WILL REVERBERATE AS TO WHAT ARE THE FUTURE CONSEQUENCES. THE EXTREMISTS TO ATTACK THE CAPITOL AT THE PRESIDENT'S PROVOCATION WILL BE EMBOLDENED.

ALL OUR INTELLIGENCE AGENCIES HAVE CONFIRMED THIS. IT IS NOT HOUSE MANAGERS SAYING THAT. THERE ARE QUITE LITERALLY STANDING BY. AND STANDING READY. DONALD TRUMP TOLD THEM THIS IS ONLY THE BEGINNING. THEY ARE WAITING AND WATCHING. SEE IF DONALD TRUMP IS RIGHT THAT EVERYONE SAID THIS WAS TOTALLY APPROPRIATE. LET ME ALSO BRING SOMETHING ELSE UP. BRIEFLY C THE DEFENSE COUNSELS. PUT A LOT OF VIDEOS OUT. IN IN THEIR DEFENSE PLAYING CLIP AFTER CLIP. A BLACK WOMEN TALKING ABOUT FIGHTING FOR A CAUSE OR AN ISSUE OR POLICY. WAS NOT LOST ON ME AS SO MANY OF THEM WERE PEOPLE OF COLOR AND WOMEN, BLACK WOMEN. BLACK WOMEN LIKE MYSELF, WE'RE SICK AND TIRED OF BEING SICK AND TIRED FOR OUR CHILDREN. YOUR CHILDREN. OUR CHILDREN. THIS SUMMER THINGS HAPPENED. THAT WERE VIOLENT. BUT THERE WERE ALSO THINGS THE CASE. SOME OF US BLACK WOMEN, GREAT COMFORT PEOPLE FROM PENNSYLVANIA STANDING UP WITH US. MEMBERS OF CONGRESS FIGHTING UP WITH US. AND SO I THOUGHT WE WERE PAST THAT. I THINK MAYBE WE'RE NOT.

THERE ARE LONGSTANDING CONSEQUENCES DECISIONS LIKE THIS THAT WILL DEFINE HU. WE ARE AS A PEOPLE. HU AMERICA IS. WE HAVE IN THIS ROOM MADE MONUMENTAL DECISIONS. YOU ALL HAVE MADE PLAN. YOU MENTAL DECISIONS. WE'VE DECLARED WARS POSSIBLE RIGHTS ACTS ENSURE THAT NO ONE IN THIS COUNTRY IS A SLAVE. EVERY AMERICAN HAS THE RIGHT TO VOTE. UNLESS YOU LIVE IN THE TERRITORY. AT THIS TIME. SOME OF THESE DECISIONS ARE EVEN CONTROVERSIAL.

THAT HISTORY HAS SHOWN THAT THEY DEFINE US AS A COUNTRY AND AS A PEOPLE. TODAY. IT'S ONE OF THOSE MOMENTS. AND HISTORY WILL WAIT FOR OUR DECISION. MISTER PRESIDENT. >> NEW JOB. I SEND A QUESTION TO THE DESK. THEY SERVE NEW TERM. MISTER SONS A QUESTION THEY HAVEN'T CHILD ARE CRITICAL. SENATOR BLACKBURN, SENATOR PORTMAN. >> AND QUESTION IS. FOR THE COUNCIL FOR THE FORMER PRESIDENT ♪ >> MULTIPLE STATE CONSTITUTIONS ENACTED PRIOR TO 1787 NAMELY THE CONSTITUTIONS OF DELAWARE, VIRGINIA, PENNSYLVANIA AND VERMONT SPECIFICALLY PROVIDED FOR THE IMPEACHMENT OF A FORMER OFFICER. GIVEN THAT THE FRAMERS OF THE U.S. CONSTITUTION WOULD HAVE BEEN AWARE OF THESE PROVISIONS. DOES THEIR DECISION IT LANGUAGE SPECIFICALLY AUTHORIZING THE IMPEACHMENT OF FORMER OFFICIALS. >> INDICATE THAT THEY DID NOT INTEND FOR OUR CONSTITUTION TO ALLOW FOR THE IMPEACHMENT OF FORMER OFFICIALS. >> GOOD QUESTION. AND THE ANSWER IS YES, OF COURSE THEY LEFT IT OUT. THE FRAMERS WERE VERY SMART MAN AND THEY WENT OVER DRAFT AFTER DRAFT AFTER DRAFT ON THAT DOCUMENT. >> AND THEY REVIEWED ALL THE OTHER DRAFTS OF ALL OF THE STATE CONSTITUTIONS. ALL OF AND THEY PICK AND CHOOSE WHAT THEY WANTED.

AND THEY DISCARDED WHAT THEY DID NOT. AND WHAT THEY DISCARDED WAS THE OPTION. FOR ALL OF YOU. TO IMPEACH A FORMER ELECTED OFFICIAL. I HOPE THAT'S ANSWERING YOUR QUESTION. THANK YOU. THIS PRESIDENT. IS THERE A FOR YOU. MR. PRESIDENT SENT A QUESTION TO THE DESK. >> SEVERAL CALIFORNIA QUESTION FOR THE HOUSE MANAGERS. THE CLERK WILL REPORT. ♪ ♪ >> HAVING BEEN ON THE FRONT LINES OF COMBATING THE BIG LIE OVER THE PAST 4 YEARS AS CALIFORNIA'S CHIEF ELECTIONS OFFICER. IT IS CLEAR THAT PRESIDENT TRUMP'S PLOT TO UNDERMINE THE 2020 ELECTION WAS BUILT ON LIES AND CONSPIRACY THEORIES. HOW DID THIS PLOT TO UNCONSTITUTIONALLY KEEP PRESIDENT TRUMP IN POWER LED TO THE RADICALIZATION OF SO MANY OF PRESIDENT TRUMP'S FOLLOWERS AND THE RESULTING ATTACK ON THE CAPITAL.

♪ ♪ ♪ ♪ ♪ >> SENATORS. DONALD TRUMP SPENT MONTHS INCITING HIS BASE TO BELIEVE THAT THEIR ELECTION WAS STOLEN. THAT WAS THE POINT THAT WAS THE THING THAT WOULD GET PEOPLE SO ANGRY. THINK ABOUT THAT. WHAT IT WOULD TAKE TO GET A LARGE GROUP OF THOUSANDS OF AMERICANS. SO ANGRY TO STORM THE CAPITOL. THAT WAS THE PURPOSE BEHIND DONALD TRUMP. SAYING THAT THE ELECTION HAD BEEN RIGGED. AND THAT THE ELECTION HAD BEEN STOLEN. AND TO BE CLEAR WHAT HE SAYS THE ELECTION IS STOLEN. WHAT HE'S SAYING IS THAT THE VICTORY AND HE EVEN SAYS ONE TIME THE ELECTION VICTORY, IT'S BEEN STOLEN FROM THEM. THINK ABOUT HOW SIGNIFICANT THAT IS. TO AMERICANS. AGAIN. YOU'RE RIGHT. OVER 70 MILLION THINK. 74 MILLION PEOPLE VOTED. FOR DONALD TRUMP. AND THIS WASN'T A ONE OFF COMMENT. IT WASN'T ONE TIME IT WAS OVER AND OVER AND OVER AND OVER AND OVER AGAIN. WITH A PURPOSE. AND WE'RE NOT HAVING THIS IMPEACHMENT TRIAL HERE BECAUSE DONALD TRUMP CONTESTED THE ELECTION. AS I SAID DURING THE PRESENTATION AND NOBODY HERE WANTS TO LOSE AN ELECTION.

WE ALL RUN OR RACES TO WIN OUR ELECTIONS. BUT WHAT PRESIDENT TRUMP DID WAS DIFFERENT. WHAT OUR COMMANDER IN CHIEF DID WAS THE POLAR OPPOSITE OF WHAT WE'RE SUPPOSED TO DO. WE LET THE PEOPLE DECIDE. THE ELECTIONS. EXCEPT PRESIDENT TRUMP. HE DIRECTED ALL OF THAT RAGE THAT HE INCITED TO JANUARY 6 THE LAST CHANCE. THAT'S THIS IS AGAIN TO HIM. THIS WAS HIS LAST CHANCE. THIS WAS CERTIFYING THE ELECTION RESULTS. HE NEEDED TO WHIP UP ANTHEM UP ENOUGH TO GET OUT THERE AND TRY TO STOP THE ELECTION RESULTS, THOUGH THE CERTIFICATION OF THE ELECTION. AND YOU ALL. THEY TOOK OVER THE SENATE CHAMBER. TO DO THAT. THEY ALMOST TOOK OVER THE HOUSE CHAMBER. THERE WERE 50 OR SO OR MORE HOUSE MEMBERS WERE SKIN LITERALLY SCARED FOR THEIR LIVES UP IN THE GALLERY.

A WOMAN WHO'D BOUGHT INTO THAT BIG LIE. DIED. BECAUSE SHE BELIEVED THE PRESIDENT'S BIG LIE. THIS RESULTED IN A LOSS OF HIS ONE OF HIS SUPPORTERS LIVES. A CAPITOL POLICE OFFICER DIED THAT DAY. PRESIDENT TRUMP SUPPORTERS. 2 CAPITOL POLICE OFFICERS ENDED UP TAKING THEIR OWN LIVES. DEFENSE COUNCIL, THEIR DEFENSE IS BASICALLY EVERYTHING PRESIDENT TRUMP THE TRUMP DID IS OKAY AND HE COULD DO IT AGAIN. IS THAT WHAT WE BELIEVE. BUT THERE IS NO PROBLEM WITH THAT. THAT IS PERFECTLY FINE. IF HE DOES THE SAME THING ALL OVER AGAIN. THIS IS DANGEROUS. HE'S INCITING HIS BASE. HE WAS USING THE CLAIM OF A RIGGED ELECTION. WE HAVE NEVER SEEN SOMEBODY DO THAT OVER AND OVER AND OVER AGAIN. TELL A LIE SAY 6 MONTHS AHEAD OF TIME. BUT IT'S A RIGGED ELECTION. THERE IS A DANGEROUS CONSEQUENCE TO THAT WHEN YOU'VE GOT MILLIONS OF FOLLOWERS ON TWITTER AND MILLIONS OF FOLLOWERS ON FACEBOOK. AND YOU'VE GOT THAT HUGE BULLY PULPIT FROM THE WHITE HOUSE AND YOU'RE THE PRESIDENT OF THE UNITED STATES. THERE IS A COST TO DOING THAT.

PEOPLE ARE LISTENING TO YOU IN A WAY THAT QUITE HONESTLY, THEY'RE NOT LISTENING TO ME AND THEY'RE NOT LISTENING. ALL OF US IN THIS ROOM. I JUST WANT TO CLEAR THE DEFENSE COUNCIL MADE A POINT SOMETHING THAT I READ EARLIER. DEFENSE COUNCIL SUGGESTED I MISSPOKE. AND I JUST WANT TO CLARIFY FOR THE RECORD, THE TWEET I REFERENCED. LET ME READ YOU THAT WE DIRECTLY IF A DEMOCRAT PRESIDENTIAL CANDIDATE HAD ELECTION RIGGED AND STOLEN WITH PROOF OF SUCH ACTS AT A LEVEL NEVER SEEN BEFORE. THE DEMOCRAT SENATORS WOULD CONSIDER IT AN ACT OF WAR AND FIGHT TO THE DEATH.

MITCH AND THE REPUBLICANS DO NOTHING. JUST WANT TO LET IT PASS. NO FIGHT. SO DONALD TRUMP WAS EQUATING WHAT DEMOCRATS WOULD DO IF THEIR ELECTION WAS STOLEN. HE SAID THEY'D FIGHT TO THE DEATH. WHY DO YOU THINK HE SENDS THAT TWEET. >> BECAUSE HE'S TRYING TO SAY, HEY, THE OTHER SIDE WOULD FIGHT TO THE DEATH. SO YOU SHOULD FIGHT TO THE DEATH. DO WE READ THAT ANY OTHER WAY. THIS PRESIDENT. >> THIS FROM MISSOURI.

MISTER PRESIDENT ON MY BEHALF AND BEHALF OF SENATOR KRAMER HAS QUESTION OF THE DESK. ♪ ♪ ♪ ♪ ♪ ♪ >> SO HALL AND THE HAVE HIMSELF. AND SENATOR KRAMER SUNDAY. QUESTION FOR COUNCIL AND HOUSE MANAGER PROCEDURE. THE FIRST ONE TO RESPOND A BIT AFTER THE PITS RED WILL BE THE. COUNCIL FOR THE FORMER PRESIDENT. ♪ >> IF THE SENATE'S POWER TO DISQUALIFY IS NOT TO REVERT OF THE POWER TO REMOVE A CONVICTED PRESIDENT FROM OFFICE. COULD THE SENATE DISQUALIFY A SITTING PRESIDENT. BUT NOT REMOVE HIM OR HER. ♪ ♪ ♪ IF THE SENATE'S POWER TO DISQUALIFY IS NOT DERIVATIVE OF THE POWER TO REMOVE A CONVICTED PRESIDENT FROM OFFICE.

COULD THE SENATE DISQUALIFY A SITTING PRESIDENT BUT NOT REMOVE HIM OR HER. ♪ >> AS 2 AND A HALF MINUTES. BUT I CAN'T LET THIS REST. MISTER CASTRO. ATTRIBUTED THE STATEMENT THE TIME BEFORE LAST THAT HE WAS UP HERE, THAT DONALD TRUMP HAD TOLD HIS PEOPLE TO FIGHT TO THE DEATH. >> I LOVE FROM HERE ON NOT LIKE YOU GUYS. I WAS BEING VERY POLITE AND GIVEN AN OPPORTUNITY TO CORRECT THE RECORD.

AND I THOUGHT THAT'S EXACTLY WHAT HE WOULD DO. >> BUT INSTEAD WHAT HE DID IS HE CAME UP IN ILLUSTRATED. THE PROBLEM WITH THE PRESENT HAITIAN OF THE HOUSE CASE. IT'S BEEN SMOKE IN MIRRORS AND WORST. IT'S BEEN DISHONEST. HE CAME UP AND TRIED TO COVER WHEN HE GOT CAUGHT AS THEY WERE CAUGHT EARLIER TODAY WITH ALL OF THE EVIDENCE CHECK IN TWEEDS SWITCH AND AIDS. EVERYTHING THEY DID IN BEAR IN MIND. I HAD 2 DAYS. TO LOOK AT THEIR EVIDENCE. WHEN I SAY TODAY'S, I MEAN, THEY STARTED PUTTING IN THE ER EVIDENCE.

SO I STARTED BE ABLE TO GET LOOKING AT IT. THAT IS NOT THE WAY THIS SHOULD BE DONE. BUT WHAT WE DISCOVERED WAS HE KNEW WHAT HE WAS DOING. HE KNEW THAT THE PRESIDENT DIDN'T SAY THAT TO HIS PEOPLE. WHAT HE SAID WAS IF IT HAPPENED TO THE DEMS, THIS IS WHAT THEY WOULD DO IN HIS SPEECH THAT DAY. YOU KNOW WHAT HE SAID. HE SAID IF THIS HAPPENED TO THE DEMOCRATS, IF THE ELECTION WAS STOLEN FROM THE DEMOCRATS. ALL HAIL WOULD BREAK LOOSE, BUT HE SAID TO HIS SUPPORTERS WE'RE SMARTER. WE ARE STRONGER AND WE'RE GONNA NOT TO DO WHAT THEY DID ALL SUMMER LONG.

SO WHAT HE DID WAS HE MISREPRESENTED IN A TWEET TO YOU TO PUT FORTH THE NARRATIVE THAT IS WRONG. IT'S WRONG. IT'S DISHONEST AND THE AMERICAN PEOPLE DON'T DESERVE THIS ANY LONGER. YOU MUST ACQUIT. >> ON THE PART OF THE HOUSE REPRESENTATIVES HAS 2 AND A HALF MINUTES. ♪ >> AND THAT WAS PRO-FAMILY INACCURATE AND IRRELEVANT TO WHAT THE QUESTION IS GOING TO GET BACK TO THE QUESTION. SO UNDER ARTICLE 2 SECTION 4 A PRESIDENT WHO'S IN OFFICE MUST BE. CONVICTED BEFORE REMOVAL. THEN MUST BE REMOVED BEFORE DISQUALIFICATION. OKAY. BUT IF THE PRESIDENT IS ALREADY OUT OF OFFICE, THEN HE CAN BE SEPARATELY DISQUALIFIED AS THIS PRESIDENT IS. BUT THESE POWERS HAVE ALWAYS BEEN TREATED AS SEPARATE, WHICH IS WHY I THINK THERE'VE 8 PEOPLE WHO'VE BEEN CONVICTED AND REMOVED IN JUST 3 OF THEM DISQUALIFIED. AND AS YOU KNOW, THERE'S A TOTALLY SEPARATE PROCESS WITHIN THE SENATE FOR DOING THIS.

THE CONSTITUTION REQUIRES A TWO-THIRDS VOTE FOR CONVICTION. BUT FOR DISQUALIFICATION, IT'S MAJORITY VOTE. IT'S A SEPARATE THINGS PEOPLE COULD VOTE TO. CONVICT AND THEN VOTE NOT TO DISQUALIFY IF THEY FELT THAT THE EVIDENCE DEMONSTRATED THAT THE PRESIDENT WAS GUILTY OF INCITEMENT TO INSURRECTION. THEY COULD VOTE TO CONVICT. BUT IF THEY FELT THAT THEY DIDN'T WANT TO EXERCISE THE FURTHER POWER ESTABLISHED BY THE CONSTITUTION TO DISQUALIFY THEY WOULDN'T HAVE TO DO THAT AND NOT COULD SOMETHING THAT'S TAKEN UP SEPARATELY BY THE SENATE BY MAJORITY VOTE. MISTER PRESIDENT. >> ALL RIGHT. THEY ARE WELL INTO THE QUESTION AND ANSWER PHASE EVERYTHING HAS BEEN SPED UP BECAUSE THE DEFENSE TEAM ONLY IS A VERY SMALL AMOUNT OF THEIR TIME OF THE PRESENTATION. SO WE'RE WELL INTO WHAT IS IS. YOU CAN OBVIOUSLY SEE THE QUESTION AND ANSWER PERIOD ONE OF THE MORE POLITICAL ASPECTS OF WHAT ULTIMATELY A POLITICAL TRIAL. LET ME BRING IN NBC NEWS POLITICAL DIRECTOR AND MODERATOR OF MEET THE PRESS, CHUCK TODD AND CHIEF WASHINGTON CORRESPONDENT ANDREA MITCHELL. SHOCK. WALK US THROUGH THIS DAY WHERE THIS LOOKS LIKE IT'S LEADING.

>> WELL, LOOK, I THAT THE PRESIDENT'S DEFENSE TEAM DECIDED TO MAKE A VERY HARD PARTISAN ARGUMENT BASICALLY A CABLE TV AND IT MAY BE SUCCESSFUL. YOU SEE DURING THIS QUESTION AND ANSWER PERIOD. THEY'RE SORT OF STICKING TO THIS. MAKE IT A RED BLUE FIGHT. MAKE IT ABOUT POLARIZATION. TRY TO MAKE. THIS IS POLITICAL AS POSSIBLE. AND I THINK GIVE IT REPUBLICAN SENATORS HU ARE MORE NERVOUS ABOUT THE POLITICS POLITICAL IMPACT OF THIS, SOMETHING TO HANG THEIR HAT ON.

LOOK, AGAIN, WE GO BACK TO WHAT WE SAID A MILLION TIMES BEFORE LEICESTER IN A REAL COURTROOM. THIS DEFENSE ARGUMENT WOULD BE A DISASTER OR MULLED JURY. I THINK WOULD HAVE WOULD WOULD HAVE BEEN SWAYED ARE MOVED BY THEM, BUT THEY MADE A HARD PARTISAN POLITICAL ARGUMENT AND IT MAY BE JUST ENOUGH. FOR THOSE SENATORS THAT ARE THINKING ABOUT THE SHORT-TERM POLITICAL IMPACT OF DONALD TRUMP RATHER THAN POTENTIALLY THE LONG-TERM IMPACT ON THE DEMOCRACY AND ON AND READ IT JUST SEEMED THE PROSECUTORS ARE CLEANING UP WHATEVER DAMAGE THAT THEY MAY HAVE RECEIVED FROM THE DEFENSE PRESENTATION OF THEY'RE TRYING TO AND THEY HAD A LITTLE HELP IN THIS REGARD FROM A COUPLE OF.

>> REPUBLICAN SENATORS, NOT SURPRISINGLY ROMNEY COLLINS AND MURKOWSKI ASKING WHEN DID THE PRESIDENT KNOW THAT THE CAPITOL HAD BEEN BREACHED. THEY WANTED TO KNOW WENDY KNOW THAT THE VICE PRESIDENT WAS IN DANGER AND DID YOU KNOW THAT BEFORE OR AFTER IS TREATED TO 24 MAKING DISPARAGING REMARKS ABOUT THE VICE PRESIDENT. YES. SO NOT SURPRISINGLY. THEY ARE IN THESE FOCUSED ON THE SAFETY OF THE VICE PRESIDENT AND THE PRETTY SHOCKING REALITY THAT THE PRESIDENT KNOW HAD BEEN INFORMED BY SENATOR TEMPERATURE KNOWLEDGE THAT AROUND 2.15 E AND INFORMED. THE PRESIDENT THE VICE PRESIDENT BEEN TAKEN OUT AND WAS IN DANGER. WELL, THE DEFENSE STUDENT OR EVEN ADDRESS THAT THEY SAID THAT THE HOUSE MANAGERS, HE SAID INCORRECTLY THE HOUSE MANAGERS AND NEVER ADDRESSED IT AND SAID THAT THIS WAS ANOTHER EXAMPLE OF HOW THEY HAD RUSHED THE CASE, BUT THEY SIMPLY DID NOT RESPOND TO IT. SO THEY HAVE STILL NOT ADDRESS THAT KEY FACT WHY HE DID NOT STOP THE VIOLENCE. WHY DURING ALL THOSE HOURS DID NOT SAY ANYTHING. AND IN FACT, WAS TWEETING. CONTINUING TO PRAISE THE WRITERS AND TO ATTACK HIS OWN VICE PRESIDENT.

>> AND SO WERE ABOUT ONE HOUR INTO THE Q AND A MAYBE A LITTLE LESS. HOW MUCH MORE OF THIS IS LEFT. AND THEN ONE OF THE STEPS THAT LED UP TO THE FINAL VOTE. >> I'M SURE WE'LL THIS FOR HOURS IN TOTAL, LESTER. AND THEN WE'LL HEAR ADDITIONAL CLOSING ARGUMENTS AHEAD OF A FINAL VOTE THAT WE ANTICIPATE IS LIKELY TO HAPPEN TOMORROW AFTER NOON SATURDAY. BUT JUST TO PICK UP ON WHAT ANDREA WAS SAYING THERE. I THINK THAT THIS IS AN ABSOLUTELY CRITICAL POINT HERE. IF THE DEFENSE TEAM WANTED TO TELL US WHAT TRUMP KNEW AND WHEN HE KNEW IT, THEY COULD ASK HIM THERE. HIS DEFENSE TEAM AND THEY CLEARLY HAVE DECIDED NO, WE'RE GONNA ARGUE THIS IS NOT RELEVANT. ONE QUICK NOTE ALSO THAT I WOULD SAY WAS IN THE CHAMBER AS THEY WERE STARTING TO ASK THESE QUESTIONS AND JUST SO FAR THERE'S NOTHING THAT'S HAPPENED.

THAT HAS SURPRISED US QUESTIONS THAT HAVE GOTTEN TO THESE QUESTIONS OF FACTS HAVE COME FROM. EITHER DEMOCRATS OR REPUBLICANS TO WE KNEW WERE LIKELY TO VOTE TO CONVICT SENATOR ROMNEY, SENATOR COLLINS, SENATOR MURKOWSKI, I STILL BELIEVE THE ONE MAJOR QUESTION HERE IS WHAT IS SENATE MINORITY LEADER MITCH MCCONNELL GOING TO DO. HE HAS KEPT EXTREMELY CLOSE TO THE VEST. HE HAS SENT SOME SIGNALS HE'S WILLING TO CONVICT THERE MAY BE A HANDFUL OF OTHERS. WHO'D ALSO VOTE TO CONVICT IF HE WERE TO GO THAT WAY. BUT IT WOULD ALSO BE A EARTH SHATTERING BOMBSHELL FROM A POLITICAL PERSPECTIVE. IF HE WERE TO DO THAT.

AND WE JUST DON'T KNOW IF HE'S WILLING TO AT THIS POINT BUT THERE CAN ONLY BRING CHUCK INTO THAT FOR HIM TO DO THAT. YOU WOULD THINK HE WOULD ALREADY BEGIN TELEGRAPHING THAT. >> TO TO FELLOW MEMBERS OF THE SATURDAY MAY WANT TO GO ALONG WITH HIM, DO WITH WHAT YOU THINK BY NOW WE WOULD HAVE SOME INDICATION. >> YEAH, LOOK, I COULD ARGUE THAT ON BOTH SIDES OF THAT THAT, YOU KNOW, MITCH MCCONNELL WOULD BE SETTING IT UP EITHER WAY.

LOOK, HERE IS WHAT HE HAS DONE. HE'S MADE IT CLEAR HE CALLS IT A VOTE OF CONSCIENCE, WHICH MEANS IT SENDS A SIGNAL. I'M NOT KEEPING SCORE. SO THAT'S ONE THING YOU DO WHAT YOU WANT TO DO. AND BY THE WAY, I'M GOING TO DO WHAT I WANT TO DO. BUT I JUST DON'T IMAGINE HE GOES IT ALONE. IF HE GOES, THERE WILL BE ANOTHER 5 THAT GO WITH THEM. IN ADDITION TO THAT OTHER 5. SO IF HE'S A CONVICT OR IT WILL BE 10 PLUS. >> AND NOT LOST ON US THAT HIS HIS WIFE REMEMBER THE ADMINISTRATION RESIGNED. AFTER ALL THIS.

>> NOW IN AND LOOK, THERE'S NO DOUBT MITCH MCCONNELL BELIEVES DONALD TRUMP. COST IN THE SENATE BELIEVES DONALD TRUMP IS HURTS THE REPUBLICAN PARTY. IT'S STILL A TOUGH POLITICAL DECISION FOR HIM. IT WILL. THIS WOULD DIVIDE THE PARTY SHORT TERM, BUT IT MIGHT HEAL IT LONG TERM, BUT THAT'S A IT'S A TOUGH DECISION TO MAKE. ALL RIGHT. CHUCK, THANKS VERY MUCH. >> WELL, THAT CONCLUDES TODAY'S COVERAGE OF THE SENATE IMPEACHMENT TRIAL OF DONALD J. TRUMP WILL RETURN YOU TO YOUR LOCAL PROGRAMMING. NOW. I'LL BE BACK WITH A COMPLETE WRAP UP, OF COURSE, ON NBC NIGHTLY NEWS LIVE COVERAGE OF THE TRIAL CONTINUES ON NBC NEWS NOW I'M LESTER HOLT IN NEW YORK FOR ALL OF US NBC NEWS.

THANK YOU FOR JOINING >> AND THAT'S WHAT HAPPENED. THEY GOT CAUGHT DOCTORING THE EVIDENCE IN THIS CASE SHOULD BE OVER. >> THE SENATOR FROM VERMONT. THE SENATOR FROM VERMONT. SANDERS HAS A QUESTION FOR. BOTH COUNCIL FOR THE FORMER PRESIDENT AND HOUSE MANAGER. >> CLERK WILL READ IT AND FOLLOWING OUR PROCEDURE. THE HOUSE MANAGERS WILL GO FIRST. >> THE HOUSE. PROSECUTORS HAVE STATED OVER AND OVER AGAIN THAT PRESIDENT TRUMP WAS PERPETRATING A BIG LIE WHEN HE REPEATEDLY CLAIMED THAT THE ELECTION WAS STOLEN FROM HIM AND THAT HE ACTUALLY WON THE ELECTION BY A LANDSLIDE. OR THE PROSECUTORS RIGHT WHEN THEY CLAIM THAT TRUMP WAS TELLING A BIG LIE OR IN YOUR JUDGMENT. DID TRUMP ACTUALLY WIN THE ELECTION. >> THE HOUSE AND INJURES HAVE UP TO 2 AND A HALF MINUTES. AS WE ALL KNOW. PRESIDENT TRUMP DID LOSE THE ELECTION BY 7 MILLION VOTES. 306 ELECTORAL VOTES. BY THE TIME OF THE JANUARY 6 ATTACK. THE COURTS, THE JUSTICE DEPARTMENT, ALL 50 STATES ACROSS THE COUNTRY DONE AGREED THAT THE VOTES WERE COUNTED. THE PEOPLE HAD SPOKEN AND IT WAS TIME FOR THE PEACEFUL TRANSFER OF POWER AS OUR CONSTITUTION. AND THE RULE OF LAW.

DEAN MAN'S. 61 COURTS. 61 COURTS. THE PRESIDENT WENT TO. THAT'S APPROPRIATE. HE LOST. HE LOST. HE LOST THE ELECTION. HE LOST A COURT AS LEADER MCCOLLUM MCCONNELL RECOGNIZE THE DAY AFTER THE ELECTORS CERTIFIED THE VOTES ON DECEMBER 14 P SAID, QUOTE, MANY MILLIONS OF US HAD HOPED THAT THE PRESIDENTIAL ELECTION. WE DEAL THE DIFFERENT RESULT. BUT OUR SYSTEM OF GOVERNMENT HAS PROCESSES TO DETERMINE WHO'LL BE SWORN IN ON JANUARY 20TH. THE ELECTORAL COLLEGE HAS SPOKEN. PATRIOTISM. SOMETIMES THERE'S A REASON TO DISPUTE ELECTION. SOMETIMES THE COUNT IS CLOSE.

SOMETIMES WE ASK FOR A RECOUNT, GO TO COURTS. ALL OF THAT'S APPROPRIATE. I LOST MY FIRST ELECTION STAYED IN BED FOR 3 DAYS. WE DO WHAT WE NEED TO DO. AND WE MOVE ON. THIS WAS NOT THAT BECAUSE WHEN ALL OF THESE PEOPLE CONFIRMED THE DONALD TRUMP HAD LOSS WHEN THE HIS HE DEPARTMENT OF JUSTICE. STATE OFFICIALS CONGRESS, HIS VICE PRESIDENT. WE'RE READY TO COMMIT TO THE PEACEFUL TRANSFER OF POWER.

THE PEACEFUL TRANSFER OF POWER. DONALD TRUMP WAS NOT READY. AND SO WE ARE ALL HERE. BECAUSE HE WAS NOT READY. DAY AFTER DAY. HE TOLD HIS SUPPORTERS FALSE OUTLANDISH CLAIMS OF WHY THE SELECTION WAS NOW, LET'S BE CLEAR. PRESIDENT TRUMP HAD ABSOLUTELY NO SUPPORT OF THESE CLAIMS. THAT WASN'T THE POINT OF WHAT HE WAS DOING. HE DID TO MAKE HIS SUPPORTERS FRUSTRATED TO MAKE THEM ♪ TIME HAS EXPIRED. >> AND COUNSEL FOR THE FORMER PRESIDENT RECOGNIZED FOR 2 AND A HALF THAT IT PORTION OF THE ARTICLE READ THE QUESTION AGAIN. >> THE HOUSE PROSECUTORS HAVE STATED OVER AND OVER AGAIN. THAT PRESIDENT TRUMP WAS PERPETRATING A BIG LIE WHEN HE REPEATEDLY CLAIMED THAT THE ELECTION WAS STOLEN FROM HIM AND THAT HE ACTUALLY WON THE ELECTION BY A LANDSLIDE. OR THE PROSECUTORS RIGHT. WHEN THEY CLAIM THAT TRUMP WAS TELLING A BIG LIE OR IN YOUR JUDGMENT TO TRUMP ACTUALLY WIN THE ELECTION. >> COUNCIL FOR THE FORMER PRESIDENT HAVE TO HAPPEN.

IT'S MY JUDGMENT. >> US THAT. MY JUDGMENTS IRRELEVANT IN THIS PROCEEDING. COULD HAVE WHAT'S SUPPOSED TO HAPPEN HERE ARTICLE OF IMPEACHMENT STUDY. THE SENATE BE IN ORDER. >> AND NOT CHALLENGE SENATORS UNDER THE RULES CANNOT CHALLENGE THE CONTENT OF THE RESPONSE. THE COUNCIL WILL CONTINUE. >> THEY HAVE THE QUESTION AGAIN, PLEASE. >> THE HOUSE PROSECUTORS HAVE STATED OVER AND OVER AGAIN. THAT PRESIDENT TRUMP WAS PERPETRATING A BIG LIE WHEN HE REPEATEDLY CLAIMED THAT THE ELECTION WAS STOLEN FROM HIM AND THAT HE ACTUALLY WON THE ELECTION BY A LANDSLIDE OR THE PROSECUTORS RIGHT WHEN THEY CLAIM THAT TRUMP WAS TELLING A BIG LIFE OR IN YOUR JUDGMENT.

DID TRUMP ACTUALLY WIN THE ELECTION. >> IN MY JUDGMENT, IT'S IRRELEVANT TO THE QUESTION BEFORE THIS BODY. WHAT'S RELEVANCE IN THIS IMPEACHMENT ARTICLE IS WERE MISTER TRUMP'S WORDS INSIGHTFUL TO THE POINT OF VIOLENCE AND RIOTS. THAT'S THE CHARGE. THAT'S THE QUESTION. AND THE ANSWER IS NO. HE DID NOT HAVE SPEECH. THAT WAS INSIGHTFUL TO VIOLENCE. OR RYAN. NOW, WHAT'S IMPORTANT TO UNDERSTAND HERE IS THE HOUSE MANAGERS HAVE COMPLETELY FROM THE BEGINNING OF THIS CASE IS TO RIGHT NOW. I DON'T KNOW EVERYTHING EXCEPT ANSWER THAT QUESTION. THE QUESTION THEY BROUGHT BEFORE YOU THE QUESTION THEY WANT MY CLIENT TO BE PUNISHED BY. THAT'S THE QUESTIONS THAT SHOULD BE GETTING ASKED. AND THE ANSWER IS HE ADVOCATED FOR PEACEFUL. PATRIOTIC. PROTESTS THERE. HIS WORDS, HE'S THE HOUSE MANAGER. YOU HAVE SHOWED 0 0 EVIDENCE. THAT HIS WORDS DID ANYTHING ELSE. REMEMBER, ALL OF THE EVIDENCE IS THIS WAS PREMEDITATED.

THE ATTACK ON THE CAPITAL WAS PREPLANNED. >> IT DIDN'T HAVE ANYTHING TO DO WITH MISTER TRUMP IN ANY WAY. >> WHAT HE SAID ON THAT DAY ON JANUARY 6 AT LIPS. AND THAT'S THE ISSUE BEFORE THE SENATE. NOW ON THE ISSUE OF. CONTESTING ELECTIONS AND THE RESULTS. THE DEMOCRATS HAVE LONG HISTORY OF JUST DOING THAT. I EVERYBODY WAS ABLE TO SEE THE VIDEO EARLIER TODAY. OVER AND OVER AGAIN. IT'S BEEN CONTESTED. WHEN MISTER TRUMP WAS ELECTED PRESIDENT. >> WE WERE TOLD IT WAS WAS THE COUNCIL'S TO AN A THE SENATOR FROM WISCONSIN COULDN'T IS A UNDERSTAND CENTER COULD SENT INTO THE BEST FOR BOTH PARTIES. FOR SENATOR FROM WISCONSIN. SEND A FOR COUNCIL FOR THE FORMER PRESIDENT AND THE. HOUSE MANAGERS. >> WE DID >> COUNSEL FOR FORMER PRESIDENT WILL HAVE THE FIRST >> THE HOUSE MANAGERS ASSERT THAT THE JANUARY 6TH ATTACK. WAS PREDICTABLE AND IT WAS FORESEEABLE. IF SO, WHY DID IT APPEAR THAT LAW. LAW ENFORCEMENT AT THE CAPITOL WERE CAUGHT OFF GUARD AND UNABLE TO PREVENT THE BREACH.

WHY DID THE HOUSE SERGEANT AT ARMS REPORTEDLY TURNED DOWN A REQUEST TO ACTIVATE THE NATIONAL GUARD. STATING THAT HE WAS NOT COMFORTABLE WITH THE OPTICS. >> COUNCIL. FORMER PRESIDENT IS RECOGNIZE. CORKER INTO QUESTION AGAIN. >> THE HOUSE MANAGERS ASSERT THAT THE JANUARY 6TH ATTACK. SO IT'S PREDICTABLE AND IT WAS FORESEEABLE. IF SO, WHY DID IT APPEAR THAT LAW ENFORCEMENT AT THE CAPITOL WERE CAUGHT OFF GUARD AND UNABLE TO PREVENT THE BREACH. WHY DID THE HOUSE SERGEANT AT ARMS REPORTEDLY TURN DOWN A REQUEST TO ACTIVATE THE NATIONAL GUARD STATING THAT HE WAS NOT COMFORTABLE WITH THE OPTICS. HOLY COW. >> THAT IS A REALLY GOOD QUESTION.

>> AND HAD THE HOUSE MANAGERS, DON, THEIR INVESTIGATION. MAYBE SOMEBODY WOULD HAVE AN ANSWER TO THAT. BUT THEY DIDN'T. THEY DID 0 INVESTIGATION. THEY DID NOTHING THEY LOOKED INTO NOTHING. >> THEY READ NEWSPAPER ARTICLES. THEY TALK TO THEIR FRIENDS. YOU KNOW, A TV REPORTER SUMMER SOMETHING OR ANOTHER. BUT GERMANY CRICKETS. THERE IS NO DUE PROCESS IN THIS PROCEEDING AT ALL. AND THAT QUESTION HIGHLIGHTS THE PROBLEM WHEN YOU HAVE NO DUE PROCESS, YOU HAVE NO CLEAR CUT ANSWERS. BUT WE DO KNOW THAT THERE WAS I THINK, A CERTAIN LEVEL OF FORESEE ABILITY.

IT LOOKS LIKE FROM THE INFORMATION THEY WERE PRESENTING. SOME LAW ENFORCEMENT KNEW THAT SOMETHING COULD BE HAPPEN. I I IN MY PRESENTATION. WE KNEW THAT THE MAYOR 2 DAYS BEFORE. >> BEFORE HAD BEEN OFFERED. TO FEDERAL. TROOPS OR NATIONAL GUARD DEPLOYED. >> BEEF UP SECURITY HERE IN CAPITOL POLICE. >> THOSE SO SOMEBODY HAD TO HAVE AN INKLING INTO SOMETHING. AND MY QUESTION IS IGNORED IT AND WHY. IF AN INVESTIGATION WORD ON. WE WOULD KNOW THE ANSWER TO THAT, TOO. THANK YOU. >> HOUSE HAVE MINUTES. >> IF DEFENSE COUNSEL HAS EXCULPATORY EVIDENCE. YOU'RE WELCOME TO GIVE IT TO US. WE WOULD LOVE TO SEE IT. YOU'VE HAD AN OPPORTUNITY TO GIVE US EVIDENCE THAT WOULD IS GOING TAKE THE PRESIDENT. >> HAVEN'T SEEN IT YET. EVERYONE IN THE DEFENSE COUNCIL WANTS TO BLAME EVERYONE ELSE EXCEPT THE PERSON WHO'S MOST RESPONSIBLE FOR WHAT HAPPENED ON JANUARY 6.

AND THAT'S PRESIDENT TRUMP. DONALD TRUMP. AND HE IS. THE PERSON BEFORE. SEE THIS THE MOST. BECAUSE HE HAD THE REPORTS HE HAD ACCESS TO THE INFORMATION. HE IS WELL HEAD. WE ALL KNOW HOW HE IS. IT ADDED. CABLE NEWS WATCHER. HE KNEW WHAT WAS GOING TO HAPPEN. HE HOPED OF A DID THESE INDIVIDUALS. THESE ARE THE UNDISPUTED FACTS, THE NATIONAL GUARD WAS NOT DEPLOYED UNTIL OVER 2 HOURS AFTER THE ATTACK. I HEARD REFERENCE AIR BOWS ARE IN DEFENSE'S PRESENTATION MAYOR BOWS OR DOES NOT HAVE AUTHORITY OVER THE CAPITOL OR FEDERAL BUILDINGS. SHE COULD NOT DEPLOYING NATIONAL GUARD TO THE CAPITAL. >> THAT IS OUTSIDE OF THE JURISDICTION OF THE MAYOR OF THE DISTRICT OF COLUMBIA. AT NO POINT MATT ENTIRE DAY TO THE PRESIDENT OF THE UNITED STATES. OUR COMMANDER IN CHIEF TELL ANYONE LAW ENFORCEMENT STRUGGLING FOR THEIR LIVES INSURGENTS TO FELT EMPOWERED BY THE SHEER QUANTITY OF THEM.

>> ANY OF US IN THIS BUILDING OR THE AMERICAN PEOPLE THAT HE WAS SENDING HELP. HE DID NOT DEFEND THE CAPITAL. THE PRESIDENT OF THE UNITED STATES DID NOT DEFEND THE CAPITAL OF THIS COUNTRY. IT'S AN INDEFENSIBLE. >> MISTER PRESIDENT. THESE OR IN MISTER PRESIDENT. I SEND A QUESTION TO THE DESK. >> SO SO THAT'S A QUESTION FOR THE HOUSE HER COOL. READ THE QUESTION. >> IF A PRESIDENT SPENDS A BIG LIE TO ANGER AMERICANS AND STOKES THE FURY BY REPEATING THE LIE AT EVENT AFTER EVENT. AND INVITES VIOLENT GROUPS TO DC ON THE DAY AND OUR NECESSARY. TO INTERRUPT ELECTORAL COLLEGE COUNT AND DOES NOTHING TO STOP THOSE GROUPS FROM ADVANCING ON THE CAPITAL AND FAILS TO SOME IN THE NATIONAL GUARD TO PROTECT THE CAPITAL. AND THEN EXPRESSED HIS PLEASURE AND DELIGHT THAT THE CAPITAL WAS UNDER ATTACK. IS THE PRESIDENT INNOCENT OF INCITING INSURRECTION BECAUSE IN A SPEECH HE SAYS BE PEACEFUL. >> THE HOUSE MANAGERS HAVE 5 MINUTES. ASK A VERY IMPORTANT QUESTION, WHICH IS GIVEN EVERYTHING THAT THE PRESIDENT DID LEADING UP TO THE ELECTION AFTER THE ELECTION AT LEADING UP TO JANUARY 6.

ALL OF THE INCITEMENT OF HIS SUPPORTERS. WHOM HE CONVINCED WITH A BIG LIE OVER AND OVER. THAT THE ELECTION HAD BEEN STOLEN FROM MEN AND FROM HIM. AND THEN ONCE. THE MOB THAT STORMED THE CAPITOL. THE VICE PRESIDENT WAS IN DANGER. SPEAKER WAS IN DANGER. THE MEMBERS OF THE HOUSE, THE SENATE. AND ALL THE STAFF HERE, THE JANITORIAL STAFF THE CAFETERIA WORKERS. EVERYBODY. AND ALL OF THE HOT RHETORIC. THAT HE SPOKE WITH. AND THEN SIMPLY A FEW TIMES. SAID STAY PEACEFUL. REMEMBER, HE SAID STAY PEACEFUL WHEN THEY ARE READY. GUN VIOLENCE. WHEN THEY'D ALREADY BROUGHT WEAPONS. WHEN THEY DON'T REALLY HURT PEOPLE. WE NEVER SAID WAS STOPPED. THE ATTACK LEAVE THE CAPITOL. LEAVE IMMEDIATELY. AND LET ME BE CLEAR. THE PRESIDENT'S MESSAGE IN THAT JANUARY 6 SPEECH. WAS AND HERE.

SO IN THE ENTIRE SPEECH WHICH WAS ROUGHLY 1100 WORDS. HE USED THE WORD PEACEFUL. ONCE. AND USING THE WORD PEACEFUL WAS THE ONLY SUGGESTION. OF NONVIOLENCE. PRESIDENT TRUMP USED THE WORD FIGHT OR FIGHTING 20 TIMES NOW, AGAIN, CONSIDER THE CONTEXT. HE'D BEEN TELLING THE BIG LIE OVER AND OVER, GETTING THEM AMPED UP, GETTING ANGRY BECAUSE ELECTION HAD BEEN STOLEN FROM THEM. THERE'S THOUSANDS OF PEOPLE IN FRONT OF HIM. SOME OF THEM ARE CARRYING WEAPONS AND ARMS. THEY'RE ANGRY. HE'S TELLING HIM TO FIGHT. AND PRESIDENT TRUMP'S WORDS IN THAT SPEECH JUST LIKE THE MAVS ACTIONS. WE'RE CAREFULLY CHOSEN. HIS WORDS, INCITED THEIR ACTIONS. HOW DO WE KNOW THIS FOR MONTHS THE PRESIDENT HAD TOLD HIS SUPPORTERS HIS BIKE LIE THAT THE ELECTION WAS RIGGED. AND USE A LIGHTER URGED HIS SUPPORTERS NOT TO CONCEDE AND STOP THE STEAL.

>> HERE ON THE BANKS AND ON THE WAY OUT THE DOOR. YOU YELL RESPECT PRIVATE PROPERTY. THAT'S NOT A DEFENSE TO ROBBING THE BANK. >> MISTER PRESIDENT. THEY SERVE FROM TEXAS. MISTER PRESIDENT. I SEND A QUESTION TO THE DESK DIRECTED AT BOTH SIDES. >> ARE FROM TEXAS IS A QUESTION FOR. SIDE TO HER, QUOTE, WE DID IN THE HOUSE MANAGERS WILL GO FIRST FOR 2 AND A HALF MINUTES. >> OUT OF THEIR 16 HOURS. THE HOUSE MANAGERS DEVOTED ALL OF 15 MINUTES TO ARTICULATING A NEWLY CREATED LEGAL STANDARD FOR INCITEMENT. ONE WAS IN VIOLENCE FORESEEABLE. 2. DID HE ENCOURAGE VIOLENCE. 3. DID HE DO SHOW IS THIS NEW STANDARD ARRIVE FROM THE CRIMINAL CODE OR ANY SUPREME COURT CASE. WELL, VIOLENT RIOTS WERE RAGING. KAMALA HARRIS SAID ON NATIONAL TV, THEY'RE NOT GOING TO LET UP AND THEY SHOULD NOT. AND SHE ALSO RAISED MONEY TO BAIL OUT VIOLENT RIOTERS. USING THE MANAGERS PROPOSED STANDARD. IS THERE ANY COHERENT WAY FOR DONALD TRUMP'S WORDS TO BE INCITEMENT AND KAMALA HARRIS'S WORDS NOT TO BE INCITEMENT.

>> THANK YOU, MISTER. PRESIDENT SENATORS. I'M NOT FAMILIAR WITH THE STATEMENT THAT IS BEING REFERRED TO. THEY'RE EXPECTED VICE PRESIDENT. BUT I FIND IT ABSOLUTELY UNIMAGINABLE THAT VICE PRESIDENT HARRIS WOULD EVER IN SIGHT VIOLENCE OR ENCOURAGE WERE PROMOTING VIOLENCE. OBVIOUSLY IT'S COMPLETELY IRRELEVANT TO THE PROCEEDING IN HAND. AND I WILL ALLOW HER TO DIE TO DEFEND HERSELF. THE PRESIDENT'S LAWYERS ARE POINTING OUT THAT WE'VE NEVER HAD ANY SITUATION LIKE THIS BEFORE IN THE HISTORY UNITED STATES. THAT'S TRUE. THERE'S NEVER BEEN A PRESIDENT. >> HU HAS ENCOURAGED A VIOLENT INSURRECTION AGAINST OUR OWN GOVERNMENT. SO WE REALLY HAVE NOTHING TO COMPARE IT TO. SO WHAT WE DO IN THIS TRIAL WILL ESTABLISH A STANDARD GOING FORWARD. FOR ALL TIME. THERE 2 THEORIES PUT BEFORE YOU AND I THINK WE'VE GOT GET PAST ALL OF THE LITTLE CRITIQUES THAT HAVE BEEN OFFERED TODAY ABOUT THIS OR THAT.

LET'S FOCUS ON WHAT'S REALLY AT STAKE HERE. THE PRESIDENT'S LAWYERS SAY ECHOING THE PRESIDENT. HIS CONDUCT WAS TOTALLY APPROPRIATE. IN OTHER WORDS, HE WOULD DO IT AGAIN. EXACTLY WHAT HE DID IS THE NEW STANDARD FOR WHAT'S ALLOWABLE FOR HIM OR ANY OTHER PRESIDENT GETS INTO OFFICE. OUR POINT IS THAT HIS INCITEMENT SO OVERWHELMS ANY POSSIBLE LEGAL STANDARD WE HAVE THAT. WE'VE GOT THE OPPORTUNITY NOW TO DECLARE THE PRESIDTIAL INCITEMENT TO VIOLENT INSURRECTION AGAINST THE CAPITAL IN THE CONGRESS IS COMPLETELY FORBIDDEN TO THE PRESIDENT. UNITED STATES UNDER THE IMPEACHMENT CLAUSE IS SO WE SET FORTH FOR YOU THE ELEMENTS OF ENCOURAGEMENT OF VIOLENCE. AND WE OVERWHELMINGLY. WE KNOW THAT HE PICKED THE DATE OF THAT RALLY. IN FACT, THERE WAS A ANOTHER GROUP. THERE'S NEVER ALLEY ANOTHER DATE AND HE GOT IN MOVE TO JANUARY FIRST. HE SYNCHRONIZED EXACTLY WITH THE TIME THAT WE WOULD BE IN JOINT SESSION. AND HAS REPRESENTED CHENEY SAID HE SUMMONED THAT MOB.

HE ASSEMBLED AT MOB. HE INCITED THAT MOB. HE LIT THE MATCH. COME ON, GET REAL. >> WE KNOW THAT THIS IS WHAT HAPPENED. AND THE SECOND THING IS THE FORESEE ABILITY OF IT WAS A FORESEEABLE. REMEMBER LANSING, MICHIGAN AND EVERYTHING WE SHOWED YOU DIDN'T MENTION THAT. OF COURSE, REMEMBER THE MEGA TO MARCH THE MEGA TO RALLY. THEY DID MENTION THAT VIOLENCE ALL OVER THE RALLIES. THE PRESIDENT SHARING IT ON DELIGHTING IN REVEALING EXULTING IN IT. >> COME ON. HOW GULLIBLE DO YOU THINK WE ARE. WE SAW THIS HAPPEN. WE JUST SPENT 11 OR 12 HOURS MOVING SEE AN INTENT THANK YOU. DICK'S FIRES. >> COUNSEL FOR THE FORMER PRESIDENT HAS 2 AND A HALF MINUTES. >> SENATOR CRUZ. >> I BELIEVE THE FIRST PART OF YOUR QUESTION, REFERS TO THE NEWLY CREATED RASKIN DOCTRINE. FIRST AMENDMENT.

HE JUST HIS ANSWER ACTUALLY GAVE YOU A NEW ONE APPROPRIATENESS. THE THAT THIS BODY NEEDS TO FOLLOW FOR LAW IS THE OHIO AND THE TEST REALLY THE THREE-PART S REALLY COMES OUT OF BIBLE BELIEVERS VERSUS WAYNE COUNTY TO BE SPECIFIC. THE SPEECH HAS TO BE EXPLICITLY OR IMPLICITLY ENCOURAGED THE USE OF VIOLENCE. IN OTHER WORDS, IT HAS TO BE IN THE WORDS ITSELF, WHICH IS CLEARLY IT'S NOT IN THE WORDS ITSELF. THAT'S STEP ONE. THEY DON'T GET PAST IT TO THE SPEAKER INTENDS THAT HIS SPEECH WILL RESULT IN USE OF VIOLENCE ARE LAWLESS ACTION. THERE'S NO EVIDENCE OF THAT. AND IT'S LUDICROUS TO BELIEVE THAT THAT WOULD BE TRUE. THE IMMINENT USE OF VIOLENCE ARE LAWLESS. ACTION IS LIKELY TO RESULT IN SPEECH. ALSO, THEY FELL ON ALL 3 POINTS OF THE LAW AS WE KNOW IT AND NEEDS TO BE APPLIED HERE. I DON'T KNOW WHY HE SAID HE NEVER HEARD KAMALA HARRIS SAY ABOUT THE RIOTS AND THE PEOPLE WRITING AND RUINING OUR BUSINESSES AND OUR STREETS THAT THEY'RE NOT GOING TO LET UP AND THEY SHOULD NOT BECAUSE WE PLAYED IT 3 TIMES TODAY.

WE GAVE IT TO YOU AND AUDIO. I READ IT TO YOU AND YOU GOT A VIDEO. THAT'S WHAT SHE SAID BUT IS PROTECTED SPEECH. HER SPEECH IS PROTECTED. ALSO SENATOR. THAT'S THE POINT. YOU ALL HAVE PROTECTIONS AS ELECTED OFFICIALS. THE HIGHEST PROTECTIONS UNDER THE FIRST AMENDMENT AND THAT FIRST AMENDMENT APPLIES HERE IN THIS CHAMBER TO THIS PROCEEDING. AND THAT'S WHAT YOU NEED TO KEEP FOCUSED >> YOU NEED TO KEEP FOCUSED ON WHAT IS THE LAW AND HOW DO WE APPLY IT TO THIS SET OF FACTS. IT SHOULD DUTY. YOU THINK IT CAUGHT UP IN ALL OF THE RHETORIC AND THE FACTS THAT ARE IRRELEVANT. NEED TO KEEP FOCUSED. AND WHAT IS THE ISSUE BEFORE YOU DECIDED BASED ON THE LAW BRANDENBURG IN BIBLE BELIEVERS. AND APPLY IT TO THE FACTS. AND THAT REQUIRES YOU TO LOOK AT THE WORDS AND THERE WERE NO WORDS OF INCITEMENT. AND ALL TIME HAS EXPIRED. >> THANK YOU, MISTER PRESIDENT. >> THE SENATOR FROM WASHINGTON SAYS AND I SEND THE QUESTION TO THE DEATH.

HE SAID FROM MARSHES ARE MARIA IS A QUESTION FOR THE HOUSE CLERK WILL READ THE QUESTION. >> IT'S 6 OH, 01:00PM EASTERN TIME ON JANUARY 6. PRESIDENT TRUMP TWEETED. THESE ARE THE THINGS THAT HAPPENED WHEN A SACRED LANDSLIDE ELECTION VICTORY IS SO UNCEREMONIOUSLY AND VICIOUSLY STRIPPED AWAY FROM GREAT PATRIOTS. HU HAVE BEEN BADLY AND UNFAIRLY TREATED FOR SO LONG. ADDING FOR WRITERS TO GO HOME. WITH LOVE AND IN PEACE. WHAT IS THE RELEVANCE OF THIS TWEET TO PRESIDENT TRUMP'S GUILT.

>> YEAH, IT'S BEEN JERSEY OR. UP TO 5 MINUTES. >> SENATORS. THIS WAS A KEY QUOTE AND A KEY STATEMENT BY THE PRESIDENT THAT DAY. THAT HORRIFIC DAY. >> REMEMBER THE CAPITAL HAVE BEEN STORM. THEY'VE BEEN ATTACKED. PEOPLE HAD YELLED HANG MIKE PENCE. PEOPLE HAD. GOING AFTER SPEAKER PELOSI. PEOPLE BROUGHT BASEBALL BATS AND OTHER WEAPONS. >> MANY MEMBERS OF CONGRESS IN THE SENATE AND HOUSE WERE FEARFUL FOR THEIR OWN LIVES. THE PRESIDENT DIDN'T CALL THE NATIONAL GUARD. HIS OWN ADMINISTRATION DIDN'T LIST HIM AS SOMEBODY IF THEY HAD SPOKEN WITH TO ACTIVATE THE GUARD. AND HE SAID, REMEMBER THIS DAY FOREVER. SO IF HE WAS NOT GUILTY OF INCITING THIS INSURRECTION. IF THIS IS NOT WHAT HE WANTED. IT WASN'T WHAT HE DESIRED. BY THAT TIME, THE CARNAGE HAD BEEN ON TELEVISION FOR HOURS. HE SAW WHAT WAS GOING ON. EVERYBODY SAW WHAT WAS GOING ON.

IF IT WASN'T WHAT HE WANTED, WHY WOULD HE HAVE SAID REMEMBER THIS DAY FOREVER. WHY COMMEMORATING A DAY LIKE THAT. AN ATTACK ON THE U.S. CAPITOL. FOR GOD'S SAKE. WHY WOULD YOU DO THAT? LESS. YOU AGREED THAT IT WAS SOMETHING TO PRAISE NOT CONDEMNED SOMETHING TO HOLD UP AND COMMEMORATE. NO, NO. CONSOLING THE NATION, NO REASSURING THAT THE GOVERNMENT WAS SECURE. NOT A SINGLE WORD THAT ENTIRE DAY CONDEMNING THE ATTACK. FOR THE ATTACKERS FOR THE VIOLENT INSURRECTION AGAINST CONGRESS. THIS TWEET IS IMPORTANT BECAUSE IT SHOWS 2 KEY POINTS ABOUT DONALD TRUMP'S STATE OF MIND. FIRST, THIS WAS ENTIRELY AND COMPLETELY FORESEEABLE AND HE FORESAW. AND HE HELPED INSIDE. OVER MANY MONTHS. HE'S SAYING I TOLD YOU THIS WAS GOING TO HAPPEN IF YOU CERTIFIED THE ELECTION FOR ANYONE ELSE.

BESIDES ME. AND YOU GOT WHAT YOU DESERVED FOR TRYING TO TAKE IT AWAY FROM ME. AND WE KNOW THIS BECAUSE THAT STATEMENT WAS ENTIRELY CONSISTENT WITH EVERYTHING HE SAID LEADING UP TO THE ATTACK. SECOND, THIS SHOWS THAT DONALD TRUMP INTENDED AND REVELED IN THIS. SENATORS. HE REVELED IN THIS THIS IS THE DELIGHTED THAT THIS IS WHAT HE WANTED. REMEMBER THIS DAY FOREVER. HE SAID. NOT AS A DAY OF DISGRACE AS IT IS TO ALL OF US.

BUT AS A DAY OF CELEBRATION AND COMMEMORATION. AND IF AND IF WE LET IF WE DON'T HOLD THEM ACCOUNTABLE AND SET A STRONG PRECEDENT. POSSIBLY A CONTINUATION LATER ON. WE WILL, OF COURSE, ALL OF US REMEMBER THIS DAY, BUT NOT IN THE SAME WAY THAT DONALD TRUMP SUGGESTED. WE'LL REMEMBER THE BRAVERY OF OUR CAPITAL AND METRO POLICE FORCES. YOU'LL REMEMBER THE OFFICER LOST HIS LIFE. AND SADLY THE OTHER 2 DID AS WELL. AND THE DEVASTATION THAT WAS DONE TO THIS COUNTRY BECAUSE OF DONALD TRUMP.

>> THE MISTER PRESIDENT. I SEND A QUESTION TO THE DESK. THE SURGE THROUGH LOUISIANA, MISTER KASS, A HAS A QUESTION FOR BOWLS. COUNSEL FOR THE FORMER PRESIDENT COUNSEL FOR THE HOUSE. THE KERCHER. IT IS COUNSEL FOR THE FORMER PRESIDENT WILL GO FIRST FOR TO ITS THAN THE HOUSE REPRESENTATIVES WILL HAVE 2 AND A HALF MINUTES. >> SENATOR TUBERVILLE REPORTS THAT HE SPOKE TO PRESIDENT TRUMP AT 02:15PM. HE TOLD THE PRESIDENT THAT THE VICE PRESIDENT HAD JUST EVACUATED. I PRESUME IT WAS UNDERSTOOD AT THIS TIME THAT RIOTERS HAD ENTERED THE CAPITAL AND THREATEN THE SAFETY OF SENATORS AND THE VICE PRESIDENT. EVEN AFTER HEARING EVEN AFTER HEARING OF THIS AT 02:24PM PRESIDENT TRUMP TWEETED THAT MIKE PENCE LACKED COURAGE. >> HE DID NOT CALL FOR LAW ENFORCEMENT BACK UP UNTIL THE TWEET AND LACK OF RESPONSE SUGGESTS PRESIDENT TRUMP DID NOT CARE THAT VICE PRESIDENT PENCE WAS ENDANGERED.

OR THAT LAW ENFORCEMENT WAS OVERWHELMED. DOES THIS SHOW THAT PRESIDENT TRUMP WAS TOLERANT OF THE INTIMIDATION OF VICE PRESIDENT PENCE. >> DOWNSIZE TO HAVE BEEN US. DIRECTLY NOW. >> I DISPUTE THE FACTS. I DISPUTE THE FACTS THAT ARE LAID OUT IN THAT QUESTION AND UNFORTUNATELY. WE'RE NOT GOING TO KNOW THE ANSWER TO THE FACTS IN THIS PROCEEDING BECAUSE THE HOUSE DID NOTHING TO INVESTIGATE WHAT WENT ON. WE'RE TRYING TO GET HERE, SAY FROM MISTER THERE WAS HEARSAY FROM MISTER LEE. I THINK IT WAS 2 NIGHTS AGO WHEN WE ENDED WHERE MISTER LEE WAS ACCUSED OF MAKING A STATEMENT. >> THAT HE NEVER MADE, BUT IT WAS REPORT FROM A REPORTER FROM A FRIEND OR SOMEBODY. YOU HAD SOME HERE SAY THAT THEY HEARD THE NIGHT BEFORE AT BAR SOMEWHERE. >> I MEAN, THAT'S REALLY THE KIND OF EVIDENCE THAT THE HOUSE HAS BROUGHT BEFORE US.

AND SO I HAVE A PROBLEM WITH THE FACTS. IN THE QUESTION BECAUSE I HAVE NO IDEA. AND NOBODY FROM THE HOUSE HAS GIVEN US ANY OPPORTUNITY. TO HAVE ANY IDEA. BUT MISTER TRUMP AND MISTER PENCE HAD A VERY GOOD RELATIONSHIP FOR A LONG SURE. MISTER TRUMP VERY MUCH CONCERN AND WAS CONCERNED FOR THE SAFETY AND WELL-BEING OF MISTER PENCE AND EVERYBODY ELSE THAT WAS OVER HERE. >> PART OF THE HOUSE REPRESENTATIVES HAS TO BUT YOU KNOW, MY COUNCIL SAID BEFORE THIS IS BEEN MY WORST EXPERIENCE IN WASHINGTON. AND FOR THAT, I GUESS WE'RE SORRY. MAN YOU SHOULD HAVE BEEN HERE ON JANUARY 6. >> SO THE THE COUNCIL FOR THE PRESIDENT KEEP BLAMING THE HOUSE FOR NOT HAVING THE EVIDENCE THAT'S WITHIN THE SOLE POSSESSION OF THEIR CLIENTS TO WE INVITED TO COME AND TESTIFY LAST WEEK WE SENT A LETTER ON FEBRUARY 4TH. I SENT IT DIRECTLY TO PRESIDENT TRUMP INVITING HIM TO COME AND TO EXPLAIN AND FILL IN THE GAPS OF WHAT WE KNOW ABOUT WHAT HAPPENED THERE.

AND THEY SENT BACK A CONTEMPTUOUS RESPONSE JUST A FEW HOURS LATER. I THINK THEY MAY BE EVEN RESPONDED MORE QUICKLY TO MY LETTER THAN PRESIDENT TRUMP DID THE AS A COMMANDER IN CHIEF TO THE INVASION AND THE STORMING OF THE CAPITAL, THE UNITED STATES. BUT YOU KNOW WHAT I SAID. YOU KNOW, IF YOU DECLINE THIS INVITATION. WE RESERVE ALL RIGHTS, INCLUDING THE RIGHT TO ESTABLISH A TRIAL THAT YOUR REFUSAL TO TESTIFY SUPPORTS A STRONG ADVERSE INFERENCE. WHAT'S THAT? WELL, JUSTICE SCALIA WAS THE GREAT CHAMPION OF IT. IF YOU DON'T TESTIFY IN A CRIMINAL CASE.

IT CAN'T BE USED AGAINST YOU. EVERYBODY KNOWS THAT. THAT'S THE 5TH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION. BUT IF IT'S A CIVIL CASE AND YOU PLEAD THE 5TH OR YOU DON'T SHOW UP, THEN ACCORDING TO JUSTICE SCALIA AND THE REST OF THE SUPREME COURT. YOU CAN INTERPRET EVERY DISPUTED FACTS AGAINST THE DEFENDANT THAT IS TOTALLY AVAILABLE TO SO FOR EXAMPLE. IF WE SAY THE PRESIDENT WAS MISSING IN ACTION FOR SEVERAL HOURS AND HE WAS DERELICT IN HIS DUTY. NEED DESERTED. HIS DUTY AS COMMANDER IN CHIEF. AND WE SAY THAT HAS INSIDER IN CHIEF IN CALL OF TALK AND THEY SAY, OH, NO, HE WAS REALLY DOING WHATEVER YOU CAN. IF YOU'RE POSITIVE ABOUT THAT, YOU CAN BRAZIL TO RESOLVE THAT DISPUTE DISPUTE AGAINST THE DEFENDANT HU REFUSE. IT'S COME TO A CIVIL PROCEEDING. HE WILL NOT SPEND ONE DAY IN JAIL IF YOU CONVICT HIM. THIS IS NOT A CRIMINAL PROCEEDING. THIS IS ABOUT PRESERVING THE REPUBLIC. DEAR SENATE. THAT'S WHAT THIS IS ABOUT. SETTING STANDARDS OF CONDUCT FOR THE PRESIDENT OF THE UNITED STATES. SO THIS NEVER HAPPENS TO US AGAIN.

SO RATHER THAN YELLING AT US AND SCREAMING ABOUT HOW WE DIDN'T HAVE TIME. TO GET ALL OF THE FACTS ABOUT WHAT YOUR CLIENT DID. BRING YOUR KLEIN UP HERE AND HAVE HIM TESTIFY UNDER OATH ABOUT WHY HE WAS SENDING OUT TWEETS DENOUNCING THE VICE PRESIDENT OF THE UNITED STATES WHILE THE VICE PRESIDENT WAS BEING HUNTED DOWN BY A MOB THAT WANTED TO HANG HIM AND WAS CHANTING IN THIS BUILDING HANG MIKE PENCE HANG MIKE PENCE TRAITOROUS TRAITOR. TIME OF THE MANAGERS ARE NEXT QUESTION. >> THE SENATOR FROM WEST VIRGINIA A PRESENCE AND A QUESTION TO THE DIRECTED TO THE HOUSE MANAGERS. FROM WEST VIRGINIA HAS A QUESTION FOR THE HOUSE MANAGERS. A CLERK WILL REPORT. >> WOULD THE PRESIDENT BE MADE AWARE OF THE FBI AND INTELLIGENCE INFORMATION OF A POSSIBLE ATTACK AND WOULD THE PRESIDENT BE RESPONSIBLE FOR NOT PREPARING TO PROTECT THE CAPITAL AND ALL ELECTED OFFICIALS OF GOVERNMENT WITH NATIONAL GUARD AND LAW ENFORCEMENT AS HE DID WHEN HE APPEARED WHEN HE APPEARED IN FRONT OF THE SAINT JOHN'S EPISCOPAL CHURCH.

>> IT'S THE WRIST PROP RESPONSIBILITY OF THE PRESIDENT TO NOW. PRESIDENT OF THE UNITED STATES COMMANDER IN CHIEF. ITS DAILY BRIEFINGS ON WHAT IS HAPPENING IN THE COUNTRY THAT HE HAS A DUTY TO PROTECT. ADDITIONALLY. THE PRESIDENT WOULD HAVE KNOWN JUST LIKE THE REST OF US KNOW ALL OF THE REPORTS THAT WERE OUT THERE AND PUBLICLY AVAILABLE. HOW MANY OF YOU RECEIVE CALLS SAYING TO BE CAREFUL ON JANUARY 6 TO BE CAREFUL THAT DAY. I'M NOT I'M SEEING REPORTS IT DOESN'T SEEM SAFE. HOW MUCH MORE THE PRESIDENT OF THE UNITED STATES. DONALD TRUMP IS OUR COMMANDER-IN-CHIEF ABSOLUTELY HAD A DUTY AND A SWORN OATH TO PRESERVE PROTECT AND DEFEND US AND TO DO THE SAME TO THE OFFICERS UNDER HIS COMMAND AND HE WAS NOT JUST OUR COMMANDER IN CHIEF. HE INCITED THE ATTACKED THE INSURGENTS WERE FOLLOWING HIS COMMANDS AS WE SAW WHEN WE READ ALOUD HIS TWEET ATTACKING THE VICE PRESIDENT. AND WITH REGARD TO THE VICE PRESIDENT. I'M SURE THEY DID HAVE A GOOD RELATIONSHIP.

BUT WE ALL KNOW WHAT CAN HAPPEN TO ONE WHOM HAS A GOOD RELATIONSHIP WITH THE PRESIDENT WHEN YOU DECIDE TO DO SOMETHING THAT HE DOESN'T LIKE. SURE SOME OF YOU HAVE EXPERIENCED THAT WHEN HE TURNS AGAIN TO SEE AFTER YOU DON'T FOLLOW HIS COMMAND. YOU HEARD FROM MY COLLEAGUES THAT WHEN PLANNING THIS ATTACK, THE INSURGENTS PREDICTED THE DONALD TRUMP WITH COMMAND THE NATIONAL GUARD TO HELP THEM. WELL, HE DIDN'T DO MUCH BETTER. HE MAY NOT HAVE COMMANDED THE GUARD TO HELP THEM. BUT IT TOOK WAY, WAY TOO LONG FOR HIM TO COME. AND THE TO HELP US. THIS IS ALL CONNECTED. WE'RE TALKING ABOUT FREE SPEECH. THIS WAS A PATTERN AND PRACTICE OF MONTHS OF ACTIVITY THAT IS THE INCITEMENT. THAT IS THE INCITEMENT, THE ACTIVITY HE WAS ENGAGED IN 4 MONTHS BEFORE JANUARY 6, NOT JUST THE SPEECH ON JANUARY 6. ALL OF IT IN ITS TOTALITY IS A DERELICTION OF DUTY.

THE PRESIDENT OF THE UNITED STATES AGAINST PEOPLE WHO'VE ELECTED HIM. ALL OF THE PEOPLE OF THIS COUNTRY. THE SERVICE FROM ALASKA. >> MISTER PRESIDENT. I SEND A QUESTION TO THAT TO THE DEATHS FOR THE FORMER PRESIDENT'S COUNCIL. >> SO HAS A QUESTION FOR THE HOUSE COUNSEL AND THE CLERK WILL REPORT TO QUESTION. THIS FOR FOR THE FORMER PRESIDENT'S COUNCIL CYBER COMES FROM. >> THE HOUSE MANAGERS SAID YESTERDAY THAT DUE PROCESS IS DISCRETIONARY. MEANING THE HOUSE IS NOT REQUIRED TO PROVIDE AN INDY DID NOT PROVIDE IN THIS SNAP IMPEACHMENT. ANY CONSTITUTIONAL PROTECTIONS DEFENDED IN THE HOUSE IMPEACHMENT PROCEEDINGS.

WHAT ARE THE IMPLICATIONS FOR OUR CONSTITUTIONAL ORDER OF THIS NEW HOUSE PRESIDENT COMBINED WITH THE SENATE'S POWER TO DISQUALIFY FROM PUBLIC OFFICE. A PRIVATE CITIZEN IN AN IMPEACHMENT TRIAL. SO AS 5 MINUTES. >> THAT'S A COMPLICATED QUESTION. COULD I HAVE THAT READ AGAIN, PLEASE. >> THE HOUSE MANAGERS SAID YESTERDAY THAT DUE PROCESS IS DISCRETIONARY, MEANING THE HOUSE IS NOT REQUIRED TO PROVIDE AND INDEED DID NOT PROVIDE IN THIS SNAP IMPEACHMENT. ANY CONSTITUTIONAL PROTECTIONS TO A DEFENDANT IN HOUSE IMPEACHMENT PROCEEDINGS. WHAT ARE THE IMPLICATIONS FOR OUR CONSTITUTIONAL ORDER OF THIS NEW HOUSE COMBINED WITH THE SENATE'S POWER TO DISQUALIFY FROM PUBLIC OFFICE.

A PRIVATE CITIZEN, AN IMPEACHMENT TRIAL. >> WELL, FIRST OF >> 2 PROCESSES NEVER DISCRETIONARY. GOOD LORD. THE CONSTITUTION REQUIRES THAT ACCUSED TO HAVE THE RIGHT TO DUE PROCESS BECAUSE THE POWER. THAT A PROSECUTOR HAS TO TAKE SOMEBODYS LIBERTY WHEN THEY'RE PROSECUTING THEM. IS THE ULTIMATE THING THAT WE TRY TO SAVE IN THIS CASE JUST NOW, WHEN THE LAST 2 HOURS WE'VE HAD PROSECUTORIAL MISCONDUCT WHAT THEY JUST TRIED TO DO WAS SAY THAT IT'S OUR BURDEN TO BRING THEM EVIDENCE TO PROVE THEIR CASE AND IT'S NOT IT'S NOT OUR BURDEN TO BRING ANY EVIDENCE FALL WORD AT ALL. WHAT'S THE DANGER? WELL, DANGERS PRETTY OBVIOUS. IF A MAJORITY PARTY. DOESN'T LIKE SOMEBODY IN THE MINORITY PARTY AND THEY'RE AFRAID THEY MAY LOSE THE ELECTION OR IF IT'S SOMEBODY IN THE MAJORITY PARTY AND THERE'S PRIVATE CITIZEN.

HU WANTS TO RUN AGAINST SOMEBODY IN THE MAJORITY PARTY. WELL, THEY CAN SIMPLY BRING IMPEACHMENT PROCEEDINGS. AND OF COURSE WITHOUT DUE PROCESS. THEY'RE NOT GOING TO BE ENTITLED TO A LAWYER. THEY'RE NOT GOING TO BE ENTITLED TO HAVE NOTICE OF THE CHARGES AGAINST THEM. IT PUTS US INTO A POSITION WHERE WE ARE THE KIND OF JUDICIAL SYSTEM AND GOVERNING BODY. >> THAT WE'RE ALL VERY, VERY AFRAID OF. FROM WHAT WE LEFT. HUNDREDS OF YEARS AGO. >> AND WHAT REGIMES ALL AROUND THIS WORLD THAT AND DANGEROUS. THAT'S HOW THEY ACT. THAT'S HOW THEY CONDUCT THEMSELVES WITHOUT GIVING THE ACCUSED DUE PROCESS TAKING THEIR LIBERTY, GIVEN THEM JUST A BASIC FUNDAMENTAL RIGHT UNDER THE 5TH THROUGH THE 14TH APPLIED TO THE STATES DUE PROCESS.

IF YOU TAKE AWAY DUE PROCESS IN THIS COUNTRY TO FROM THE ACCUSED. IF YOU TAKE THAT AWAY, THERE WILL BE NO JUSTICE AND NO BODY. BODY WILL BE SAFE. BUT IT'S PATENTLY UNFAIR FOR THE HOUSE MANAGERS TO BRING AN IMPEACHMENT PROCEEDING WITHOUT ANY AGAIN, WITHOUT ANY INVESTIGATION AT ALL. AND THEN STAND UP HERE AND SAY ONE. >> THE HAD A CHANCE TO BRING US EVIDENCE. AND 2. >> LET'S SEE WHAT WE CAN DO FLIPPING SOME BODIES OF OTHER CONSTITUTIONAL RIGHTS. >> TO HAVING A LAWYER OR TO TO SEE THE EVIDENCE AT ALL. IT JUST GETS BROUGHT IN WITHOUT ANY. BUT AS WAS HERE WITHOUT ANYBODY HAVING AN OPPORTUNITY TO REVIEW IT BEFORE HAND THEY ACTUALLY SENT IT TO US ON THE 9TH OF THE THE DAY AFTER WE STARTED THIS. SO IT'S A REALLY BIG PROBLEM. THE DUE PROCESS CLAUSE APPLIES TO THIS IMPEACHMENT HEARING. IT'S BEEN SEVERELY AN EXTREMELY VIOLATED.

THIS SO UNCONSTITUTIONAL BECAUSE IT VIOLATES DUE PROCESS I'M TO GET INTO THE JURISDICTION PART. THE DUE PROCESS PART SHOULD BE ENOUGH TO GIVE ANYBODY WHO'S LOVES OUR CONSTITUTION AND LOVES OUR COUNTRY. GREAT PAUSE TO DO ANYTHING. QUIT. DONALD TRUMP. >> THIS PRESIDENT, GET. THANK YOU, MISTER PRESIDENT MISTER PRESIDENT. I SEND A QUESTION TO THE DESK FOR THE HOUSE MANAGERS. >> SERVED FROM SENATOR BLUMENTHAL HAS A QUESTION FOR THE HOUSE MANAGERS AND THE CLERK WILL REPORT TO QUESTION. >> FORMER PRESIDENT TRUMP AND HIS ATTORNEYS HAVE CITED THE BRANDENBURG OHIO CASE IN SUPPORT OF THEIR ARGUMENT THAT THE FIRST AMENDMENT PROTECTS TRUMP.

DID THE BRANDENBURG CASE PROHIBIT HOLDING PUBLIC OFFICIALS ACCOUNTABLE THROUGH THE IMPEACHMENT PROCESS FOR THE INCITEMENT OF VIOLENCE. >> THANK YOU, MISTER. PRESIDENT SENATORS. LET'S START WITH THE LETTER MORE THAN A 140 CONSTITUTIONAL LAW PROFESSORS. WHICH I THINK THEY DESCRIBED IS PARTISAN IN NATURE. THAT'S A SLUR ON THE LAW PROFESSORS AND I HOPE THAT THEY WOULD WITHDRAW THAT THERE ARE VERY CONSERVATIVE LUMINARIES ON THAT LIST, INCLUDING THE CO-FOUNDER OF THE FEDERALIST SOCIETY.

RONALD REAGAN'S FORMER SOLICITOR GENERAL CHARLES FRIED AS WELL AS PROMINENT LAW PROFESSORS ACROSS. THE INTELLECTUAL IDEOLOGICAL INTEREST FINANCIAL SPECTRUM AND THEY ALL CALLED THEIR FIRST AMENDMENT ARGUMENTS FRIVOLOUS, WHICH THEY ARE NOW THEY'VE BEEN THEY'VE RETREATED TO THE POSITION OF BRANDENBURG VERSUS OHIO. THEY WANT THEIR CLIENT TO BE TREATED LIKE A GUY AT THE MOB. I THINK THEY SAID THE GUY IN THE CROWD HU YELL SOMETHING OUT. EVEN ON THAT STANDARD. THIS GROUP OF LAW PROFESSORS SAID THERE'S A VERY STRONG ARGUMENT THAT HE'S HE'S GUILTY EVEN UNDER THE STRICT BRANDENBURG STANDARD. WHY? BECAUSE IT HE INCITED IN LAWLESS ACTION AND HE INTENDED TO DO IT AND IT WAS LIKELY TO CAUSE. AND HOW DO WE KNOW IS LIKELY TO CAUSE IT. HE DIDN'T CAUSE IT.

THEY OVERRAN THE CAPITAL. RIGHT. SO EVEN IF YOU WANT TO HOLD THE PRESIDENT OF UNITED STATES OF AMERICA TO THAT MINIMAL STANDARD OF FORGET ABOUT HIS CONSTITUTIONAL OATH OF OFFICE BUT AS I SAID BEFORE, THAT WOULD BE A DERELICTION OF LEGISLATIVE DUTY IN OUR PART. IF WE SAID ALL WE'RE GOING TO DO IS TREAT THE PRESIDENT STATES LIKE ONE OF THE PEOPLE HE SUMMONED TO WASHINGTON. TO COMMIT INSURRECTION AGAINST US, OK, THE PRESIDENT'S WAR TO PRESERVE PROTECT AND DEFEND THE CONSTITUTION OF UNITED STATES. THAT'S AGAINST ALL COMERS. DOMESTIC OR FOREIGN. THAT'S WHAT OUR SAYS RIGHT. DID HE DO THAT? NO.

ON THE CONTRARY. HE'S LIKE THE FIRE CHIEF. HE DOESN'T JUST SAY GO AHEAD AND SHOUT. FIRE IN CROWDED THEATER. HE SUMMONS THE MOB AND SENDS THE MOB TO GO BRING THE THEATER DOWN AND WHEN PEOPLE START MADLY CALLING HIM AN RINGING THE ALARM BELLS. HE WATCHES IT ON TV. >> HE TAKES HIS SWEET TIME FOR SEVERAL HOURS HE TURNS UP THE HEAT ON THE DEPUTY FIRE HE'S MAD BECAUSE HE'S NOT MAKING IT POSSIBLE FOR HIM TO PURSUE HIS POLITICAL OBJECTIVES. >> AND THEN WHEN WE SAY WE DON'T WANT YOU TO BE FIRE. CHIEF EVER AGAIN. HE STARTS CRYING ABOUT THE FIRST AMENDMENT. BRANDENBURG WAS A CASE ABOUT A BUNCH OF THE KLANSMEN TO GET ASSEMBLED IN THE FIELD.

>> AND THEY WEREN'T NEAR ANYBODY SUCH THAT THEY COULD ACTUALLY DO VIOLENT DAMAGE TO PEOPLE. BUT THEY SAID SOME PRETTY REPULSIVE RACIST THINGS. BUT STREAM FORD SAID THEY WEREN'T INCITING IMMINENT LAWLESS ACTION BECAUSE YOU COULDN'T HAVE A MOB, FOR EXAMPLE. >> BREAK OUT THE WAY THAT THIS MOB BROKE OUT AND TOOK OVER THE CAPITAL UNITED STATES OF AMERICA. AND BY THE WAY, DON'T COMPARE INTO ONE OF THOSE KLANSMEN IN THE FIELD.

THUS EARNING THEIR EMIRATES. ASSUME THAT HE WAS THE CHIEF OF POLICE OF THE TOWN WENT DOWN TO THAT RALLY AND STARTED CALLING FOR, YOU KNOW, OUR RALLY AT THE CITY HALL AND THEN NURTURING THAT MOB CULTIVATING THAT MOB PULLING THEM IN OVER A PERIOD OF WEEKS AND DAYS NAMING THE DATE IN THE TIME AND THE PLACE RILING UP BEFOREHAND. AND THAT JUST SAYING BE MY GUEST GOING STOP THE STEAL. COME ON. BACK TO TOM PAINE, USE YOUR COMMON SENSE, USE YOUR COMMON SENSE. THAT'S THE STANDARD OF PROOF. WE WANT. THERE ARE ALREADY TREATING THEIR CLIENT LIKE HE'S A CRIMINAL DEFENDANT. THEY'RE TALKING ABOUT BEYOND A REASONABLE DOUBT.

THEY THINK THAT WE'RE MAKING A CRIMINAL CASE HERE. MY FRIENDS, THE PRESIDENT, THE FORMER PRESIDENT IS NOT TO SPEND ONE HOUR. ONE MINUTE IN JAIL. THIS IS ABOUT PROTECTING OUR REPUBLIC AND ARTICULATING IN DEFINING THE STANDARDS OF PRESIDENTIAL CONDUCT. AND IF YOU WANT THIS TO BE A STANDARD FOR TOTALLY APPROPRIATE PRESIDENTIAL CONDUCT GOING FORWARD BE MY GUEST. BUT WE'RE HEADED FOR A VERY DIFFERENT KIND OF COUNTRY THAT POINT. >> THE SENATOR FROM KANSAS. I SAID THE QUESTION TO THE THE SENATOR FROM KANSAS, MISTER HAS A QUESTION FOR. THE COUNCIL FOR THE FORMER PRESIDENT TAKE OUR CREED. THE QUESTION. >> THE HOUSE MANAGERS SINGLE ARTICLE OF IMPEACHMENT IS CENTERED ON THE ACCUSATION THAT PRESIDENT TRUMP SINGULARLY AND CITED A CROWD INTO A RIOT. DIDN'T THE HOUSE MANAGERS CONTRADICT THEIR OWN CHARGE BY OUTLINING THE PREMEDITATED NATURE AND PLANNING OF THIS EVENT AND BY ALSO SHOWING THE CROWD WAS GATHERED AT THE CAPITOL EVEN BEFORE THE SPEECH STARTED AND BARRIERS WERE PUSHED OVER SOME 20 MINUTES BEFORE THE CONCLUSION OF PRESIDENT TRUMP'S SPEECH.

>> THE HOUSE MANAGERS CONTRADICTED THEIR OWN CHARGED BY OUTLINING THE PREMEDITATED NATURE AND PLANNING OF THIS EVENT AND BY ALSO SHOWING THE CROWD GATHERED AT THE CAPITOL EVEN BEFORE THE SPEECH STARTED AND BARRIERS WERE PUSHED OVER SOME 20 MINUTES BEFORE THE CONCLUSION OF PRESIDENT TRUMP'S SPEECH. THE ANSWER IS YES. AND I WANT TO TAKE THE REST OF MY TIME TO GO BACK TO THE LAST QUESTION BECAUSE IT WAS COMPLETELY MISSED BY THE HOUSE MANAGERS.

BRANDENBURG THE OHIO WAS AN INCITEMENT CASE. IT'S NOT BEEN ELECTED OFFICIAL CASE. THAT'S WHAT IN BOND AND THE WHOLE PROBLEM THAT THE HOUSE MANAGERS HAVE AN UNDERSTANDING THE FIRST AMENDMENT ARGUMENT HERE IS THAT ELECTED OFFICIALS ARE DIFFERENT THAN EVERYBODY ELSE. HE'S TALKING ABOUT FIRE CHIEFS. FIRE CHIEFS ARE NOT ELECTED OFFICIALS. POLICE OFFICERS ARE IN ELECTED OFFICIALS, ELECTED OFFICIALS HAVE A A HIGHER STANDARD FROM THE HOLDINGS THAT I GAVE YOU THE HIGHEST PROTECTIONS, I SHOULD SAY SO HIGHER STANDARD IS HIGHER PROTECTION TO YOUR SPEECH BECAUSE OF THE IMPORTANCE OF POLITICAL DIALOGUE BECAUSE OF WHAT YOU ALL SAY IN YOUR PUBLIC DEBATE ABOUT POLICY. ABOUT THE THINGS THAT AFFECT ALL OF OUR LIVES. THAT'S WHAT IMPORTANT STUFF AND YOU SHOULD BE FREE TO TALK ABOUT THAT IN JUST ABOUT ANY WAY THAT YOU CAN. BRANDENBURG COMES INTO PLAY. FROM A CONSTITUTIONAL ANALYSIS PERSPECTIVE WHEN YOU'RE TALKING ABOUT INCITEMENT IS THE SPEECH ITSELF. INSIGHTFUL TO RYAN. OR LAWLESSNESS. ONE OF THE 2. AND THE ANSWER HERE IS NOW IN BRANDENBURG THROUGH AGAIN, BIBLE BELIEVERS.

REQUIRE YOU TO LOOK AT THE WORDS OF THE SPEECH YOU ACTUALLY CAN'T GO OUTSIDE THE WORDS OF THE SPEECH ARE NOT ALLOWED TO IN THE ANALYSIS. TO ALL THE TIME. THEY'RE TRYING TO SPEND ON TWEETS. GOING BACK TO 15 OR EVERYTHING THEY WANT TO FOCUS ON THAT WAS SAID IN HOURS AND THE DAYS AFTERWARDS. >> ARE NOT A POLITICAL BULL OR RELEVANT. TO THE SCHOLASTIC AS TO HOW THE FIRST AMENDMENT IS APPLIED IN THIS CHAMBER IN THIS PROCEEDING.

AND SO AGAIN, YOU NEED TO BE FOCUSED ON. WHAT'S THE LAW. AND THEN HOW DO WE APPLY IT TO THIS SET OF FACTS. AND SO IT'S IMPORTANT TO HAVE THAT UNDERSTANDING THAT ELECTED OFFICIALS AND FIRE CHIEFS ARE TREATED DIFFERENTLY UNDER FIRST AMENDMENT LAW. AND THAT'S TO THE BENEFIT OF YOU ALL, WHICH IS THAT THE BENEFIT OF US ALL. BECAUSE WE DO WANT YOU TO BE ABLE TO SPEAK FREELY WITHOUT FEAR THAT THE MAJORITY PARTY IS GOING TO COME IN AND OR COME IN AND PROSECUTE YOU. TO TRY TO TAKE AWAY YOUR SEAT WHERE YOU SAID NOW. THAT'S NOT WHAT THE CONSTITUTION SAYS SHOULD BE DONE. BUT YES, THEY DO. THEY DO CONTRADICT THEMSELVES. OF COURSE. >> PRESIDENT, THE SENATOR FROM MARYLAND. I SEND A QUESTION TO THE DESK FOR THE HOUSE MANAGERS. >> THE CENTER FOR SERVE AND HONED UH. QUESTION FOR THE MANAGERS. THE CLERK WILL REPORT THE QUESTION.

>> WOULD YOU PLEASE RESPOND TO THE ANSWER. THAT WAS JUST GIVEN BY THE FORMER PRESIDENT'S COUNCIL. >> MISTER PRESIDENT. THANK I'M NOT QUITE SURE WHICH THE SENATOR WAS REFERRING TO. BUT LET ME QUICKLY JUST TO DISPENSE OF I. THE COUNCIL'S INVOCATION AGAIN OF BOND VERSUS FLOYD. THIS IS A CASE I I KNOW WELL AND I THANK HIM FOR RAISING IT JULIAN BOND WAS A FRIEND OF MINE. HE WAS A COLLEAGUE OF MINE AN AMERICAN UNIVERSITY. HE WAS A GREAT CIVIL RIGHTS HERO. AND IN HIS CASE.

HE GOT ELECTED TO THE GEORGIA STATE LEGISLATURE IS A MEMBER OF STAFF HAVE SNACK THE STUDENT NONVIOLENT COORDINATING COMMITTEE, THE GREAT COMMITTEE HEADED UP BY THE GREAT BOB MOSES FOR A LONG TIME. HE GOT ELECTED TO THE GEORGIA LEGISLATURE AND THEY DIDN'T WANT TO ALLOW HIM TO BE SWORN IN. THEY WOULDN'T ALLOW HIM TAKE HIS OATH OF OFFICE BECAUSE SNICKET TAKEN A POSITION AGAINST THE VIETNAM WAR. AND SO THE SUPREME COURT SAID THAT WAS A VIOLATION OF HIS FIRST AMENDMENT RIGHTS NOT TO ALLOW HIM TO BE SWORN IN. THAT'S THE COMPLETE OPPOSITE OF DONALD TRUMP. NOT ONLY WAS HE SWORN IN ON JANUARY 20TH 2000, 17. HE WAS PRESIDENT FROM US FOR YEARS BEFORE HE INCITED THIS VIOLENT INSURRECTION AGAINST US AND HE VIOLATED HIS OATH OF OFFICE THAT'S WHAT THIS IMPEACHMENT TRIALS ABOUT HIS VIOLATION OF HIS OATH OF OFFICE AND HIS REFUSAL TO UPHOLD THE LAW AND TAKE CARE THAT THE LAWS ARE FAITHFULLY EXECUTED.

PLEASE DON'T DESECRATE THE NAME OF JULIAN BOND, A GREAT AMERICAN BY LINKING HIM WITH THIS TERRIBLE PLOT AGAINST AMERICA THAT JUST TOOK PLACE IN THE STORMING OF THE U.S. CAPITOL IN TURN OVER TO MY AS POSSIBLE. THANK YOU. LET'S JUST BE CLEAR. PRESIDENT TRUMP SUMMONED THE MOB ASSEMBLED THE MOB LIT THE FLAME, EVERYTHING THE FOLLOWED WAS HE'S DOING. >> AND ALTHOUGH HE COULDN'T IMMEDIATELY AND FORCEFULLY INTERVENE TO STOP THE VIOLENCE. HE DIDN'T. IN OTHER WORDS, THIS ATTACK WOULD NOT HAVE HAPPENED WITHOUT HIM. THIS ATTACK IS NOT ABOUT ONE SPEECH. MOST OF YOU MEN WOULD NOT HAVE YOUR WIVES WITH ONE ATTEMPT TO TALKING TO HER. IT TOOK NUMEROUS YOU HAD TO BUILD IT UP.

THAT'S WHAT THE PRESIDENT DID AS WELL. HE PUT TOGETHER THE CREW THAT WOULD DO WHAT HE WANTED. AND SAP WAS TO STOP THE CERTIFICATION OF THE ELECTION. SO THAT HE COULD RETAIN POWER TO BE PRESIDENT OF THE UNITED STATES IN CONTRAVENTION OF AN AMERICAN ELECTION. ♪ MISTER PRESIDENT. >> SENATOR FROM FLORIDA. QUESTION TO THE DRESS. THE QUESTION. >> SO SENATOR FROM FLORIDA AND IT IS TO BOTH SIDES. THE CLERK READ THE QUESTION AND THE HOUSE MANAGERS WILL GO FIRST FOR THE FIRST TO HAVE THE EDGE. >> VOTING TO CONVICT THE FORMER PRESIDENT WOULD CREATE A NEW PRECEDENT THAT A FORMER OFFICIAL TO BE CONVICTED AND DISQUALIFIED BY THE SENATE. THEREFORE, IS IT NOT TRUE THAT UNDER THIS NEW PRECEDENT FUTURE HOUSE FACING PARTISAN PRESSURE TO LOCK HER UP.

COULD IMPEACH A FORMER SECRETARY OF STATE. AND A FUTURE SENATE BE FORCED TO PUT HER ON TRIAL AND POTENTIALLY DISQUALIFY FROM ANY FUTURE OFFICE. >> THE HOUSE GO FIRST. >> PRESIDENTS SENATORS AND 3 QUICK POINTS HERE. FIRST OF ALL, I DON'T KNOW HOW MANY TIMES I CAN SAY THE JURISDICTIONAL ISSUE IS OVER. IT'S GONE. THE SENATE SETTLED IT. THE SENATE ENTERTAIN JURISDICTION EXACTLY THE WAY IT IS DONE SINCE THE VERY BEGINNING OF THE REPUBLIC IN THE ONE CASE IN THE BILL, NOT THE CASE. YOU BOTH OF THEM, FORMER OFFICIALS AND IN THIS CASE WE PRESIDENT HU COMMITTED HIS CRIMES AGAINST THE REPUBLIC WHILE HE WAS IN OFFICE. HE WAS IMPEACHED BY THE HOUSE OF REPRESENTATIVES WHILE HE WAS IN OFFICE. YOU KNOW WHAT I THE HYPOTHETICAL AS SUGGESTED BY THE GENTLEMAN FROM FLORIDA HAS NO BEARING ON THIS CASE BECAUSE I DON'T THINK YOU'RE TALKING ABOUT AN OFFICIAL HU WAS IMPEACHED WHILE THEY WERE IN OFFICE FOR CONDUCT THAT THEY COMMITTED WHILE THEY WERE IN OFFICE. >> THE COUNCIL FOR THE FORMER PRESIDENT HAS 2 AND A HALF MINUTES.

>> THANK YOU. OF THE QUESTION READ AGAIN TO MAKE I HAVE IT RIGHT. YOU CAN ANSWER IT DIRECTLY. >> VOTING TO CONVICT THE FORMER PRESIDENT WOULD CREATE A NEW PRECEDENT THAT A FORMER OFFICIAL CAN BE CONVICTED AND DISQUALIFIED BY THE SENATE. THEREFORE, IS IT NOT TRUE THAT UNDER THIS NEW PRESIDENT, A FUTURE HOUSE FACING PARTISAN PRESSURE TO LOCK HER UP.

COULD IMPEACH A FORMER SECRETARY OF STATE AND A FUTURE SENATE BE FORCED TO PUT HER ON TRIAL AND POTENTIALLY DISQUALIFY FROM ANY FUTURE OFFICE. >> IF YOU SEE IT THERE WAY. YES. IF YOU DO THIS THE WAY THEY WANTED NON. >> THAT COULD HAPPEN >> THE EXAMPLE THERE ARE A FORMER SECRETARY OF STATE, BUT IT COULD HAPPEN. A LOT OF PEOPLE. AND THAT'S NOT THE WAY THIS IS SUPPOSED TO WORK. AND NOT ONLY COULD HAPPEN. A LOT OF PEOPLE BECOME MUCH MORE REGULAR TOO. BUT I WANT TO ADDRESS AND I WANT YOU TO BE NICE CLEAR ON THIS MR RASKIN. CAN TELL YOU ON WHAT GROUNDS YOU WOULD QUIT. IF YOU BELIEVE IN, YOU KNOW, THERE WAS A VOTE THAT THERE'S JURISDICTION. IF YOU BELIEVE JURISDICTIONS UNCONSTITUTIONAL, YOU CAN STILL BELIEVE THAT. IF YOU BELIEVE THAT THE HOUSE DID NOT GIVE APPROPRIATE DUE PROCESS IN THIS.

CAN BE YOUR REASON TO ACQUIT. IF YOU DON'T THEY MET THEIR BURDEN IMPROVING INCITEMENT THAT THESE WORDS INCITED THE VIOLENCE. YOU CAN ACQUIT MR. RASKIN DOESN'T GET TO GIVE YOU WONDER WHAT GROUNDS YOU CAN ACQUIT. AND SO YOU HAVE TO LOOK WHAT THEY'VE PUT ON IN ITS TOTALITY. AND COME TO YOUR OWN UNDERSTANDING AS TO WHETHER YOU THINK THEY'VE MET THEIR BURDEN TO IMPEACH. BUT THE ORIGINAL QUESTION IS AN ABSOLUTELY SLIPPERY THAT I DON'T REALLY THINK ANYBODY HERE WANTS TO SEND THIS COUNTRY DOWN. >> MISTER PRESIDENT. THE QUESTION TO THE DESK.

>> THE SERVICE AND THE QUESTION TO THE DESK. I WOULD KNOW JUST FOR AS THE HOUR IS TEND TO GET LATE. >> I WOULD NOTE FOR ALL COUNCIL. >> AS CHIEF JUSTICE ROBERTS NOTED JANUARY 21ST 2020. SO IN THE TRIAL CHARLES FLYNN IN 19 O 5. ALL PARTIES. THIS CHAMBER MUST REFRAIN FROM USING LANGUAGE THAT IS NOT CONDUCIVE TO CIVIL DISCOURSE. SENATOR FROM SENATOR BENNETT HAS A QUESTION FOR THE HOUSE MANAGERS IN THE READ THE QUESTION. >> SINCE THE NOVEMBER ELECTION, THE GEORGIA SECRETARY OF STATE, THE VICE PRESIDENT AND OTHER PUBLIC OFFICIALS WITHSTOOD ENORMOUS PRESSURE TO UPHOLD A LAWFUL ELECTION. PRESIDENT BIDEN AND THE RULE OF LAW. WHAT WOULD HAVE HAPPENED IF THESE OFFICIALS HAD VOWED TO THE FORCE. PRESIDENT TRUMP EXERTED OR THE MOB THAT ATTACKED THE CAPITOL. >> HOUSE MANAGERS HAVE 5 MINUTES. >> I WANT TO TAKE HIM IN AND REMIND EVERYBODY ABOUT THE INCREDIBLE PRESSURE.

THAT DONALD TRUMP WAS PUTTING ON ELECTION OFFICIALS IN DIFFERENT STATES IN THIS COUNTRY. AND THE INTIMIDATION. BUT HE WAS ISSUING. I WANT TO REMIND EVERYONE OF THE BACKGROUND OF DONALD TRUMP'S CALL TO ONE SECRETARY OF STATE, THE SECRETARY OF STATE FROM GEORGIA. MISTER RAFFENSPERGER. DONALD TRUMP TRY TO OVERTURN THE ELECTION BY ANY MEANS NECESSARY. HE TRIED AGAIN AND AGAIN TO PRESSURE AND THREAT ELECTION OFFICIALS TO OVERTURN THE ELECTION RESULTS. HE PRESSURED MICHIGAN OFFICIALS CALLING THEM LATE AT NIGHT AND HOSTING THEM AT THE WHITE HOUSE. HE DID THE SAME THING WITH OFFICIALS IN PENNSYLVANIA. HE CALLED INTO A LOCAL MEETING OF THE PENNSYLVANIA LEGISLATURE AND HE ALSO HOSTED HOST OF THEM AT THE WHITE HOUSE WHERE HE PRESSURED THEM. AND IN GEORGIA, IT WAS EVEN WORSE. >> HE SENT A TWEET AFTER TWEET ATTACKING THE SECRETARY OF STATE. UNTIL MISTER RAFFENSBERGER GOT DEATH THREATS TO AND HIS FAMILY. HIS WIFE GOT A TEXT THAT SAID, QUOTE, YOUR HUSBAND DESERVES FACING A FIRING SQUAD.

FIRING SQUAD. FOR DOING HIS JOB. IF YOU'RE MISTER EVANS WORKER STOOD UP TO HIM. HE TOLD THE WORLD THAT ELECTIONS ARE THE BEDROCK OF THIS SOCIETY AND THE VOTES WERE ACCURATELY COUNTED FOR DONALD TRUMP'S. OFFICIALS LIKE MISTER STERLING, WARREN TRUMPETED THIS CONTINUE. SOMEONE'S GOING TO GET KILLED. BUT DONALD TRUMP DIDN'T STOP. HE ESCALATED EVEN FURTHER. HE MADE A PERSONAL CALL. YOU HEARD THAT CALL BECAUSE IT WAS RECORDED. THE PRESIDENT OF THE UNITED STATES TOLD THE SECRETARY OF STATE. BUT IF HE DOES NOT FIND VOTES, SHE WILL FACE CRIMINAL PENALTIES. PLEASE SENATORS CONSIDERED OUT FOR A SECOND. THE PRESIDENT PUTTING ALL OF THIS PUBLIC AND PRIVATE PRESSURE ON ELECTION OFFICIALS TELLING THEM THAT THEY COULD FACE CRIMINAL PENALTIES IF THEY DON'T DO WHAT HE WANTS. AND NOT JUST ANY NUMBER OF VOTES THAT HE WAS LOOKING FOR. DONALD TRUMP IS ASKING THE SECRETARY OF STATE TO SOMEHOW FIND THE EXACT NUMBER OF VOTES DONALD TRUMP LOST THE STATE BY. REMEMBER PRESIDENT BIDEN WON GEORGIA BY 11,779 VOTES.

IN HIS OWN WORDS, PRESIDENT TRUMP SAID, QUOTE, ALL I WANT TO DO IS THIS. I JUST WANT TO FIND 11,780 VOTES. HE WANTED THE SECRETARY OF STATE TO SOMEHOW FIND THE PRECISE NUMBER. PLUS ONE. VOTES. BUT HE NEEDED TO WIN. AS A CONGRESS AND AS A NATION, WE CANNOT BE TO THIS CONDUCT. IF WE ARE ALL. AND IF WE DON'T SET A PRECEDENT AGAINST IT. MORE PRESIDENTS WILL DO THIS IN THE FUTURE. THIS WILL BE A GREEN LIGHT FOR THEM ENGAGE IN THAT KIND OF PRESSURE IN THAT KIND OF CONDUCT. AND THIS COULD HAVE GONE A VERY DIFFERENT WAY.

IF THOSE ELECTION OFFICIALS HAD TO THE INTIMIDATION AND THE PRESSURE THE PRESIDENT OF THE UNITED STATES. IT WOULD HAVE MEANT THAT INSTEAD OF THE AMERICAN PEOPLE DECIDING THIS ELECTION. PRESIDENT TRUMP ALONE. WHAT HAVE DECIDED THIS AMERICAN ELECTION. THAT'S EXACTLY WHAT WAS AT STAKE AND THAT'S EXACTLY WHAT HE WAS TRYING TO DO. HE INTENDED WANTED TO AND TRIED TO OVERTURN THE ELECTION BY ANY MEANS. NECESSARY. HE TRIED EVERYTHING ELSE THAT HE COULD TO DO TO WIN. HE STARTED INCITING THE CROWD. ISSUING TWEET AFTER TWEET ISSUING COMMANDS TO STOP THE COUNT. STOP THE STEAL. WORKED UP THE CROWD. SENT TO SAVE THE DATE. SO IT WASN'T JUST ONE SPEECH OR ONE THING HE WAS TRYING EVERYTHING. >> HE WAS PRESSURING ELECTED OFFICIALS. HE WAS RILING UP HIS BASE TELLING HIM THE ELECTION HAD BEEN STOLEN FROM THEM THAT HAD BEEN STOLEN FROM HIM. IT WAS A COMBINATION OF THINGS. ONLY DONALD TRUMP COULD HAVE DONE. AND FOR US TO BELIEVE OTHERWISE IS TO THINK THAT SOMEHOW.

>> A RABBIT CAME OUT OF THE HAT AND THIS MOB TO SHOWED UP HERE ON THEIR OWN. ALL BY THEMSELVES. THIS IS DANGEROUS. SENATORS. IN THE FUTURE OF OUR DEMOCRACY. TRULY. REST IN YOUR HANDS. >> MR PRESIDENT. THE SENATOR FROM TEXAS, MISTER PRESIDENT KNIFES AND THE QUESTION OF THEY TEXAS. MISTER CORNYN IS A QUESTION FOR BOTH. COUNCIL FOR THE FORMER PRESIDENT AND THE HOUSE MANAGER. THE CLERK WILL REALLY QUESTION AND RECOGNIZE FIRST THEY COUNSEL FOR THE FORMER PRESIDENT. >> THE HOUSE MANAGERS HAVE ARGUED THAT IF THE SENATE CANNOT CONVICT FORMER OFFICERS. THEN THE CONSTITUTION CREATES A JANUARY EXCEPTION. PURSUANT TO WHICH PRESIDENT IS FREE TO ACT WITH IMPUNITY BECAUSE HE IS NOT SUBJECT TO IMPEACHMENT CONVICTION AND REMOVAL AND OR DISQUALIFICATION. BUT ISN'T THE PRESIDENT SUBJECT TO CRIMINAL PROSECUTION AFTER HE LEAVES OFFICE FOR ACTS COMMITTED IN OFFICE.

EVEN IF THOSE ACTS ARE COMMITTED IN JANUARY. >> THE SENATOR FROM TEXAS IS QUESTION RAISES A VERY. VERY IMPORTANT POINT. THERE IS NO SUCH THING AS A JANUARY EXCEPTION TO IMPEACHMENT. THERE IS ONLY THE TEXT OF THE CONSTITUTION WHICH MAKES VERY CLEAR FORMER PRESIDENT IS SUBJECT TO CRIMINAL SANCTION AFTER HIS PRESIDENCY. FOR ANY ILLEGAL ACTUALLY COMMITS. THERE IS NO JANUARY EXCEPTION TO IMPEACHMENT. THERE IS SIMPLY A WAY WE TREAT HIGH CRIMES AND MISDEMEANORS. ALLEGEDLY COMMITTED BY A PRESIDENT WHEN HE IS IN OFFICE. IMPEACHMENT. AND HOW WE TREAT CRIMINAL BEHAVIOR BY A PRIVATE CITIZEN WHEN THEY ARE NOT IN OFFICE. HOUSE MANAGERS. THANK YOU FOR THIS EXCELLENT QUESTION. PRESIDENT HU DECIDES TO COMMIT HIS CRIMES IN THE LAST FEW WEEKS IN OFFICE LIKE PRESIDENT TRUMP BY INCITING INSURRECTION AGAINST THE COUNTING OF ELECTORAL COLLEGE VOTES BE SUBJECT TO CRIMINAL PROSECUTION BY THE U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA. FOR EXAMPLE, THE FIRM OF JUSTICE.

WELL, OF COURSE HE WOULD DO. BUT THAT'S TRUE OF THE HIM REGARDLESS OF WHEN HE COMMITS HIS OFFENSES IN OFFICE. IN OTHER WORDS, THAT'S AN ARGUMENT FOR PROSECUTING HIM IF HE TRIED TO STAGE AN INSURRECTION AGAINST THE UNION IN HIS 3RD YEAR IN OFFICE OR SECOND YEAR IN OFFICE, YOU COULD SAY, WELL, HE COULD BE PROSECUTED AFTERWARDS. THE REASON THAT THE FRAMERS GAVE CONGRESS THE HOUSE THE POWER TO IMPEACH THE SENATE THE POWER TO TRY CONVICT REMOVE AND DISQUALIFY WAS TO PROTECT THE REPUBLIC. IT'S NOT A VINDICTIVE POWER. I KNOW A LOT OF PEOPLE WORRY ANGRY WITH DONALD TRUMP ABOUT THESE TERRIBLE EVENTS THAT TOOK PLACE. WE DON'T COME HERE IN ANGER. CONTRARY TO WHAT YOU'VE HEARD TODAY. WE COME HERE IN THE SPIRIT OF PROTECTING OUR REPUBLIC. AND THAT'S WHAT IT'S ALL ABOUT. BUT THEIR JANUARY EXCEPTION WOULD ESSENTIALLY INVITE PRESIDENTS AND OTHER CIVIL OFFICERS TO RUN RAMPANT IN THE LAST FEW WEEKS IN OFFICE ON THE THEORY THAT THE HOUSE AND THE SENATE WOULDN'T BE ABLE TO GET IT TOGETHER IN TIME.

CERTAINLY ACCORDING TO THEIR DEMANDS FOR MONTHS AND MONTHS OF INVESTIGATION WOULDN'T BE ABLE TO GET IT TOGETHER IN TIME IN ORDER TO VINDICATE THE CONSTITUTION THAT CAN'T BE RIGHT. THAT CAN'T BE RIGHT. WE KNOW THAT THE PEACEFUL TRANSFER OF POWER IS ALWAYS THE MOST DANGEROUS MOMENT FOR DEMOCRACIES AROUND THE WORLD. TALK TO THE DIPLOMATS, TALK TO THE HISTORIANS. THEY WILL TELL YOU THAT IS A MOMENT OF DANGER. THAT'S WHEN YOU GET THE KUZ. THAT'S WHEN YOU GET THE INSURRECTIONS. THAT'S WHEN YOU GET THE SEDITIOUS PLOTS AND YOU KNOW WHAT? YOU DON'T EVEN HAVE TO READ HISTORY FOR THAT. YOU HAVE TO CONSULT THE FRAMERS. YOU HAVE TO LOOK AROUND THE WORLD IT JUST HAPPENED TO US. THE MOMENT WHEN WE WERE JUST GOING TO COLLECT THE ALREADY CERTIFIED ELECTORAL COLLEGE VOTES FROM THE STATES BY THE POPULAR MAJORITY'S WITHIN EACH STATE EXCEPT FOR MAINE AND NEBRASKA WHICH DO IT BY CONGRESSIONAL DISTRICT AS WELL AS STATEWIDE, BUT OTHERWISE IT'S JUST A POPULAR MAJORITY IN THE STATE.

AND WE'RE ABOUT TO CERTIFY IT AND WE GOT >> BY A VIOLENT INSURRECTION. MOB. DON'T TAKE OUR WORD FOR IT. LISTEN TO THE TAPES UNLESS THEY'RE GOING TO CLAIM THOSE ARE FABRICATED TO AND THE PEOPLE ARE YELLING. THIS IS OUR HOUSE NOW AND WE ARE THE BLACK VOTE CENTER IS UP AND SHOW US THE VOTES. ETCETERA, THANK YOU. >> MAJORITY LEADER. MISTER PRESIDENT. IT'S MY UNDERSTANDING THERE ARE NO FURTHER QUESTIONS ON EITHER SIDE. >> THE PUBLIC AND LEADER.

THAT'S CORRECT. NO FURTHER QUESTIONS ON OUR SIDE. >> I ASK UNANIMOUS CONSENT THAT THE TIME FOR QUESTIONS AND ANSWERS BE CONSIDERED EXPIRED OBJECTION. SO ORDERED. NOW MISTER PRESIDENT. I ASK UNANIMOUS CONSENT THAT THE IN ORDER FOR MYSELF AND SENATOR MCCONNELL'S TO SPEAK. FOR UP TO ONE MINUTE EACH AND THAT IT BE IN ORDER FOR ME TO MAKE UNANIMOUS CONSENT TO REQUEST AS IF IN LEGISLATIVE SESSION. REACTIONS ORDERED THE SENATOR FROM NEW INK. YOU MISTER PRESIDENT AND MISTER PRESIDENT IN A MOMENT. I WILL ASK THE SENATE TO PASS LEGISLATION THAT WOULD AWARD CAPITOL POLICE OFFICER EUGENE GOODMAN, CONGRESSIONAL GOLD MEDAL.

IN THE WEEKS AFTER THE ATTACK ON JANUARY THE THE WORLD LEARNED ABOUT THE INCREDIBLE INCREDIBLE BRAVERY OF OFFICER GOODMAN ON THAT FATEFUL DAY. HERE IN THIS TRIAL. WE SAW A NEW VIDEO, POWERFUL VIDEO. SHOWING CALMNESS UNDER PRESSURE. HIS COURAGE IN THE LINE OF DUTY. HIS FORESIGHT IN THE MIDST OF CHAOS AND HIS WILLINGNESS TO MAKE HIMSELF A TARGET OF THE MOB'S RAGE SO THAT OTHERS MIGHT REACH SAFETY. OFFICER GOODMAN IS IN THE CHAMBER TONIGHT. OFFICER GOODMAN, THANK YOU. GREAT REPUBLICAN LEADER MCCONNELL ARE I JUST WANT TO SAY I THINK WE CAN ALL AGREE THAT EUGENE GOODMAN DESERVES THE HIGHEST HONOR. CONGRESS CAN BESTOW. >> BUT I JUST BEFORE WE MOVED TO PASS THIS LEGISLATION. I WANT TO BE CLEAR. THAT HE WAS NOT ALONE THAT DAY. THE NATION'S AND HAS NOW SEEN NUMEROUS EXAMPLES OF BIGGER ROLE CONDUCT OF THE CAPITOL POLICE, THE METROPOLITAN POLICE SWAT TEAMS THAT WERE WITH US ON JANUARY 6TH HERE IN THE CAPITAL PROTECTING US, OUR HEARTFELT GRATITUDE EXTENDS TO EACH AND EVERY ONE OF THEM, PARTICULARLY NOW.

AS MEMBERS OF THE FORCE CONTINUE TO BEAR SCARS SCENE AND UNFORESEEN FROM THE EVENTS OF THAT DISGRACEFUL DAY. LET US GIVE THEM ALL THE HONOR AND RECOGNITION THEY SO JUSTLY DESERVES. >> THAT'S RIGHT. IN THE REPUBLICAN LEADER. PLEASE JOIN THE MAJORITY. LEADER'S REQUEST. JANUARY 6 WAS A DAY OF FEAR. FOR THOSE TO WORK HERE IN THE CAPITAL. AND I'VE SAID SURE MANY MORE WATCHING. FROM AFAR. THAT AWFUL DAY. ALSO INTRODUCE OUR NATION TO A GROUP OF HEROES. WE IN CONGRESS WERE ALREADY PROUD TO CALL OUR COLLEGE AND WE OWE A GREAT IN THE FACE OF THE OFFICERS OF THE U.S. CAPITOL MOVED OUT. THE FULLEST THEIR ROLES. IF NOT FOR THE QUICK THINKING AND BRAVERY OF OFFICER GOODMAN.

IN PARTICULAR, PEOPLE IN THIS CHAMBER MAY NOT HAVE ESCAPED THAT ON HEART. ALSO GOOD ACTIONS REFLECT A PERSONAL COMMITMENT TO DO AND BROUGHT EVEN GREATER DESTRUCTION UPON ALL OF HIS BRAIN BROTHERS AND SISTERS IN UNIFORM. SO I'M PROUD THE SENATE IS TAKING THIS STEP FOR RECOGNIZING HIS HER WITH THE HIGHEST HONOR. WE CAN DO SO. >> MISTER PRESIDENT AS IF IN LEGISLATIVE SESSION. I ASK UNANIMOUS CONSENT THAT THE COMMITTEE ON BANKING HOUSING AND URBAN AFFAIRS BE DISCHARGED FROM FURTHER CONSIDERATION OF THIS 35 AND THEN AT THE SENATE PROCEED TO ITS IMMEDIATE CONSIDERATION. >> THE AND THE REPORT. >> AS 35 A BILL TO AWARD THE CONGRESSIONAL GOLD MEDAL TO OFFICER EUGENE GOODMAN. >> JACKSON. THE COMMITTEE IS DISCHARGE. AND THE PROCEEDS TO THE MAJOR MISTER PRESIDENT. I ASK UNANIMOUS CONSENT THAT THE VAN HOLLEN SUBSTITUTE AMENDMENT, WHICH IS AT THE DESK BE CONSIDERED AN AGREED TO THE BILL AS AMENDED BE CONSIDER AT ITS 3RD TIME AND PASSED AND THE MOTIONS TO RECONSIDER BE CONSIDERED MADE AND LAID UPON THE TABLE.

SECTIONS NOW, MISTER PRESIDENT, I ASK UNANIMOUS CONSENT THE TRIAL ADJOURNED UNTIL 10:00AM TOMORROW SATURDAY. FEBRUARY 13TH AND THAT THIS ALSO CONSTITUTE THE ADJOURNMENT OF THE SENATE. >> WITHOUT OBJECTION WE ARE ADJOURNED TILL 10 O'CLOCK ♪ >> ALREADY IN WITH THE SPIRIT OF UNITE IN THERE TO DO WHAT IS FOR AMERICA. >> WE DO FIGHT BACK. BUT WE AND THE FIGHT FIGHTING FIGHTING PHI PHI PHI PHI PHI. ♪ ♪ >> I SHOWED YOU THE VIDEO BECAUSE IN THIS POLITICAL ALL SPEECH SHOULD BE PROTECTED AND IT SHOULD BE PROTECTED EVEN LEE FOR ALL OF US. ♪ >> HEY, EVERYONE ELSE AND MAURICE, YOU'RE WATCHING SPECIAL COVERAGE OF THE SECOND IMPEACHMENT TRIAL OF DONALD TRUMP HERE AT NBC NEWS NOW ONE AND DONE TO THE DEFENSE, FORMER PRESIDENT TRUMP'S LAWYERS USING A SINGLE AFTERNOON TO ARGUE HIS WORDS DIDN'T INCITE VIOLENCE PROTECTED BY THE FIRST AMENDMENT.

THE DEFENSE ALSO ACCUSING THE HOUSE IMPEACHMENT MANAGERS, A MANIPULATED EVIDENCE IN THEIR CASE. THE HOUSE MANAGERS PREDICTING A DISTRACTION CAMPAIGN FROM TRUMP'S LEGAL TEAM TODAY. LET'S BRING IN NBC NEWS POLITICAL CORRESPONDENT ALLIE THE TALLIES FROM CAPITOL HILL OUT. WHAT ARE YOU HEARING FROM THE HOUSE MANAGERS AND OTHER LAWMAKERS AFTER THE TRUMP TEAM'S ARGUMENTS EARLIER THIS ALLISON I'M GOING TO SHOCK YOU HERE. BUT IT SOUNDS LIKE EVERYONE FOUND SOMETHING THAT THEY LIKED AND EVERYONE FOUND SOMETHING THAT THEY DIDN'T AND IT BROKE DOWN PRETTY MUCH PARTISAN LINES. DEMOCRATS SAYING THAT THAT YOU SHOWED AT THE BEGINNING THAT CONSTANT REPETITION OF THAT THAT WAS SOMETHING THAT CAME CLOSE TO BEING ALMOST COMICAL. THEY COULDN'T EVEN TAKE IT SERIOUSLY. REPUBLICANS, ON THE OTHER HAND, THOUGH, SAYING THAT THEY THINK THE TRUMP DEFENSE TEAM LAID OUT A GOOD ARGUMENT OR IN OTHER CASES, ENOUGH OF AN ARGUMENT FOR THEM TO HANG THEIR HAT ON IF THEY VOTE TO ACQUIT.

FORMER PRESIDENT DONALD TRUMP'S. SO LIKE SO MANY OTHER THINGS IN THIS TRIAL. A LITTLE BIT OF SOMETHING FOR EVERYONE HERE. BUT IN TERMS OF THE WAY THAT THE TRUMP DEFENSE TEAM ARGUED THIS POINT. >> THEY DIDN'T REALLY ENGAGE ON THE SPECIFICS. THEY TRIED AT CERTAIN POINTS TO ARGUE THAT THEY DIDN'T NEED TO TALK ABOUT WHAT TRUMP KNEW AND WHEN HE KNEW IT IN REGARDS TO VICE PRESIDENT, VICE PRESIDENT MIKE PENCE IS SAFETY, FOR EXAMPLE, OR THE CALLING IN OF THE NATIONAL GUARD. THEY ARGUE THAT THEY DIDN'T NEED TO ENGAGE ON THOSE POINTS BECAUSE OF THE LACK OF DUE PROCESS ON THE HOUSE SIDE OF THIS IMPEACHMENT HEARING. AND SO THAT'S HOW THEY KIND OF STARTED GETTING AWAY WITH THE SPECIFICS. THEY ALSO DOLE'S TRIED TO SAY THAT TRUMP COULDN'T BE TAKEN IN A VACUUM IN TERMS OF WHEN HE SAID FIGHT LIKE TELL SOMETHING THAT'S PRETTY CENTRAL TO THE DEMOCRATS ARGUMENT HERE AT THE SAME TIME, THOUGH, THEY DID A LOT OF TAKING COMMENTS IN A VACUUM, ESPECIALLY WITH THAT VIDEO OF DEMOCRATS SAYING FIGHT AND OTHER SIMILAR WORDS LIKE THAT.

LISTEN TO HOW DURBIN RESPONDED FOR EXAMPLE, TO THAT VIDEO, WHICH WAS A PRETTY LARGE PARTS OF THE TRUMP LEGAL TEAM'S STRATEGY HERE. >> IT DIDN'T REACH GEN HARD PRESENT A SHE MORE FUNDING TO COURSE. THIS IS HIGH SCHOOL TEAMS TO I MEAN, NOBODY VISIONS LOOTING. THAT 5 AND SOME ARE HARDER. IT'S JUST HARD TO IMAGINE AS YOU LOOK AT THE PRESIDENT WAS SENDING THEM TO ENSURE. AND TO THE >> I WASN'T ONE OF THE KEY PEOPLE. HU WAS FEATURED A LOT IN THAT VERY 11 ARE SO MINUTE VIDEO. THEY FEATURED THE WORD FIGHT. ABOUT 530 TIMES I THINK IS THE EXACT NUMBERS. I 238 TIMES IS THE EXACT NUMBER THAT ONE OF OUR NBC COLLEAGUES COUNTED. SO UPWARDS OF 200 TIMES. ONE OF THE PEOPLE WHO'S FEATURED THE MOST HEAVILY SOMEONE THAT I'VE SPENT A LOT OF TIME WITH OVER THE LAST YEARS. SENATOR ELIZABETH WARREN. I HEARD HER SAY THE WORD FIGHT ALMOST EVERY SINGLE DAY ON THE CAMPAIGN TRAIL BUT NEVER ONCE IN MY TRAVELS.

DID I MEET SOMEONE HE THOUGHT SHE WAS TALKING ABOUT INCITING PHYSICAL ALTERCATIONS AND VIOLENCE. I WOULD TELL YOU, THOUGH, ON THE FLIP SIDE OF THIS THAT I'VE ALSO SPENT MANY YEARS ON THE CAMPAIGN TRAIL WITH DONALD TRUMP'S TO REGULARLY, TALKED ABOUT VIOLENCE WITH HIS SUPPORTERS. I REMEMBER AT A CERTAIN POINT IN 2016 CAMPAIGN. HE ACTUALLY OFFERED TO PAY THE LEGAL BILLS FOR SUPPORTERS OF HIS IF THEY PUNCHED PROTESTERS AT HIS RALLIES IN THE FACE. ONE OF THOSE SUPPORTERS ACTUALLY DID THAT.

I WAS AT THAT RALLY AND SO THE FACEAPP OF LINDSAY'S TODAY. WE'RE A PRETTY KEY PART OF THE TRUMP LEGAL TEAM'S DEFENSE AND DEMOCRATS WERE PRETTY QUICK TO POINT THAT OUT. BUT AS I SAID ON THE OTHER SIDE, REPUBLICANS ALSO CELEBRATED LITERALLY WITH CHEERS WHEN THE TRUMP LEGAL DEFEAT DEFENSE TEAM RESTED THEIR CASE TODAY. YEAH. THE TRUMP LEGAL DEFENSE TEAM BASICALLY ARGUED THAT THOSE COMMENTS WERE IN A VACUUM BECAUSE TRUMP ONCE IN HIS SPEECH ON THE MORNING OF JANUARY 6 SAID THINGS SHOULD BE PEACEFUL. DEMOCRATS ON THE OTHER HAND HAVE TRIED TO ARGUE THE EXACT OPPOSITE, WHICH IS SHOWING THE BRICK BY BRICK GROUNDWORK OF HOW TRUMP INCITED THIS INSURRECTION THAT ULTIMATELY CULMINATED ON JANUARY 6TH. LISTEN TO HOW SENATOR TIM KAINE LAID THIS OUT. ♪ >> DONALD TRUMP WAS WARNED. IF YOU DON'T STOP TALKING ABOUT A STOLEN ELECTION.

PEOPLE WILL BE KILLED. HE WAS SPECIFICALLY ONE THAT HE KEPT TALKING ABOUT IT IN A VIOLENT MOB ATTACKED THE CAPITAL AND 7 PEOPLE ARE DEAD. BE ALIVE TODAY. HAD HE JUST FOLLOW THEIR ADVICE. >> AND SO THAT WAS SENATOR TIM KAINE. THEY'RE TALKING DURING ONE OF THE BREAKS IN THE TRIAL TODAY. BUT AGAIN, IT'S THE CONSTANT PUSH AND PULL BETWEEN WHAT THE TRUMP DEFENSE TEAM AND REPUBLICANS HAVE BEEN TRYING TO DO HERE TODAY, WHICH YOU SAY THAT TRUMP ONCE ON THE MORNING OF JANUARY 6 SAID THAT PEOPLE SHOULD BE PEACEFUL ARGUING AGAIN THAT HE WAS NOT RESPONSIBLE DIRECTLY FOR THIS DEMOCRATS, OF COURSE, THE EXACT OPPOSITE SIDE OF IT AND THEY'RE SHOWING THE GROUNDWORK LAYING OVER THE COURSE OF THE MONTHS AND WEEKS BEFORE THE ELECTION EVEN HAPPENED THAT LED TO WHAT HAPPENED HERE ON JANUARY 6TH.

>> TRUMP'S DEFENSE FOR PRESIDENT DIDN'T KNOW WHAT HIS SUPPORTERS WOULD DO ON JANUARY 6 HEAD OF THE HOUSE MANAGERS RESPOND TO THAT DURING THE QUESTION AND ANSWER PORTION THIS EVENING. >> THEY REITERATED A LOT OF WHAT WE HAD HEARD DURING THEIR PHASE OF THE ARGUMENTS. LISTEN TO HOW CONGRESSMAN PLASKETT LAID OUT OF PRESIDENT TRUMP. >> HAD SPENT MONTHS CALLING HIS SUPPORTERS TO A MARCH. ON A SPECIFIC DAY AT A SPECIFIC TIME FOR A SPECIFIC PURPOSE. WHAT ELSE WERE THEY GOING TO DO TO STOP THE CERTIFICATION OF THE ELECTION ON THAT DAY. BUT TO STOP YOU. BUT TO STOP YOU PHYSICALLY. >> AND I WILL SAY YOU SEE CONGRESSMAN PLASKETT THERE AT ANOTR POINT DURING THE QUESTION AND ANSWER PORTION THAT ENDED THIS EVENING.

WE SAW CONGRESSMAN JAMIE RASKIN PRETTY MUCH SAYING THE SAME THING THEY'VE LAID OUT ARGUMENT DIRECTLY TIME AND TIME IT'S CLEAR THAT THE IMPEACHMENT MANAGERS TEAM THINKS THAT THEIR CASE IS AIRTIGHT. WE'VE HEARD OUR SOURCES OVER THERE CONTINUOUSLY SAY THAT THEY THINK THAT THEY'VE BROUGHT THE I THINK WHAT WAS PRETTY CLEAR TO ME TONIGHT AS WE FINISH THINGS UP HERE AT LEAST A Q AND A PORTION THAT WOULD BRING US TO TOMORROW'S FINAL PHASE OF THIS IS THAT THE FOLKS ARE PRETTY ENTRENCHED AT THIS POINT. BUT THAT IT'S CLEAR BASED ON THE QUESTIONS THAT WE WERE SEEING ASKED AND THE WAY THAT THEY WERE BEING ANSWERED. THAT TENSIONS ARE ALSO GETTING A LITTLE BIT HIGH HERE.

EACH DEMOCRATS AGAIN, SEEMING LIKE THEY FEEL LIKE THEY BROUGHT THE GOODS AND REPUBLICANS. WE SAW CONTINUOUSLY AS THE TRUMP LEGAL TEAM IS ANSWERING SOME OF THE QUESTIONS LITTLE JOBS, LITTLE JEERS ATTEMPTS TO RATCHET UP THE TENSIONS EVEN FURTHER, THAT'S HOW THINGS ENDED HERE YEAH. YOU GOT THE SENSE THAT WAS GETTING TENSE MEETING. PEOPLE GET TIRED A LITTLE BIT TIME BE CALLING IT A NIGHT BECAUSE IT WAS GETTING A LITTLE UNCOMFORTABLE TO WATCH JOHN THUNE.

THE NUMBER 2 REPUBLICAN IN THE SENATE SAYS HE IS OPEN TO THE IDEA OF CENSURING TRUMP. THIS IS WHAT HE TOLD REPORTERS THIS MORNING. >> IF THERE WERE THERE WAS AN EFFORT THAT TO BE A IN ORDER COUPLE A COUPLE RESOLUTIONS LEAST COULD ATTRACT SUPPORT. >> DO THINK REPUBLICANS COULD GET ON BOARD WITH THE IDEA OF CENSURE HERE. ARE THEY JUST NOT LOOKING TO PUNISH THE FORMER PRESIDENT AT ALL. LOOK, THIS IS SOMETHING THAT IS BEING WHISPERED ABOUT HEAR YOU ASK IF REPUBLICANS COULD GET ON BOARD. I THINK THERE'S ALSO A QUESTION HERE ABOUT WHAT DEMOCRATS WOULD DO WITH IT COMES TO THAT RIGHT NOW BEFORE WE'VE SEEN VOTES TO ACQUIT AND VOTES TO DEMOCRATS I TALKED TO REALLY ENGAGING ON THIS BECAUSE THEY DON'T WANT TO GIVE REPUBLICANS A WAY OF COURSE, WHAT A CENSURE WOULD BE IS EFFECTIVELY A TOOTHLESS MEASURE HERE.

WHAT COULD HAPPEN IS IF REPUBLICANS VOTE TO ACQUIT, THE FORMER PRESIDENT. THEY COULD COME BACK AROUND AND CENSURE HIM EFFECTIVELY WOULD BE A RHETORICAL SLAP ON THE WRIST THAT'S EASIER TO DO BECAUSE ALL THEY NEED IS A SIMPLE MAJORITY BUT RIGHT NOW WE'RE NOT THERE YET. WE'VE STILL GOT TO GET TO THE VOTE TOMORROW. >> RIGHT NOW IN THE TALLY. IT HAS BEEN A LONG THIS IS NOT YET OVER, BUT IT IS FRIDAY AND YOU HAVE BEEN WONDERFUL TO US THROUGHOUT THE WEEK. THANK YOU SO MUCH FOR ALL YOUR GREAT COVERAGE. ANY TIME A FRIEND. NBC NEWS SENIOR WASHINGTON CORRESPONDENT AND MSNBC ANCHOR HOLLY JACKSON JOINING ME NOW FROM DC HOWIE TRUMP'S LEGAL TEAM MAKING THE ARGUMENTS IN A SINGLE AFTERNOON BEFORE WE GET INTO WHAT THEY SAID. HOW DO YOU TRUMP FELT ABOUT HIS DEFENSE TEAM'S PERFORMANCE TODAY AND GREAT TO SEE, BY THE WAY. >> GREAT TO SEE YOU AS WELL.

YOU SHOULD KNOW. ALLISON THERE ON WEEKENDS DURING IMPEACHMENT TRIAL SO WE DO WE THINK THAT DONALD TRUMP FELT ABOUT THIS PRETTY GOOD, RIGHT. BECAUSE WHAT DOES DONALD TRUMP WE KNOW FROM THE LAST 4 AND A HALF YEARS THAT HE LIKES WHEN PEOPLE ARE COMBATIVE ON HIS BEHALF AND THAT IS CERTAINLY WHAT MICHAEL VAN DER VEEN PRESENTED DURING THE Q AND A FROM EVEN TO CLAPPING BACK AT SOME OF THE SENATORS LIKE BERNIE SANDERS WERE ASKING VARIOUS QUESTIONS LEADING TO SENATOR PAT LEAHY WHO'S PRESIDING KIND OF SAY, HEY, ORDER.

EVERYBODY CALM DOWN FOR A SECOND HERE. I CAN TELL YOU THAT ONE PERSON INVOLVED WITH THE FORMER PRESIDENT'S DEFENSE TEAM SAYS IT IS ACCURATE THAT HE WAS ENJOYING THAT FROM OUR LAGO. SO WE KNOW THAT HE WAS AT LEAST SOMEWHAT PLEASED WITH THE FINAL PORTION OF HOW THE DAY WENT. INTERESTING, BY THE WAY, THAT IT WAS VAN DER VEEN HU WAS PRESENTING AND TAKING MOST OF THE QUESTIONS YOU SEE HERE AND NOT BRUCE CASTOR. REMEMBER THAT IS THAT IS IN LARGE PART BECAUSE PASTOR BACK ON MONDAY. YOU KNOW, ISSUED THAT RATHER MEANDERING BY THE ACCOUNT EVEN REPUBLICANS. WIDELY PANNED REMARK TO OPEN UP THIS ENTIRE TRIAL ONE THAT FORMER PRESIDENT TRUMP WAS BY OUR REPORTING SERIOUS ABOUT SO CAST ARE NOT SUPER VISIBLE TODAY. HE DID HAVE A SPEAKING ROLE HE WILL LIKELY BE SPEAKING AT THE CLOSED TOMORROW. THAT IS WHAT'S GOING TO BE SET UP ON SATURDAY THERE BECAUSE REMEMBER THE OTHER TRUMP ATTORNEY THAT WE'VE SEEN QUITE A BIT DAVID SCHOEN IS OBSERVING THE SABBATH.

SO HE IS NOT GOING TO BE INVOLVED TOMORROW AT ANY POINT AS THIS TRIAL WRAPS UP. SO I THINK THAT'S KIND OF HOW THAT THE FORMER PRESIDENT WOULD SEE AND LISTEN, HERE'S ANOTHER THING. PROBABLY LIKED IT. I WOULD SAY ALLISON, JUST MY MANY YEARS OF COVERING HIM. THE VIDEO MONTAGE IS THAT AT TIMES REPEATED THEMSELVES. BUT IT DID FEEL LIKE SOMETHING YOU MIGHT SEE OVER ON OTHER CABLE NETWORKS, ON CONSERVATIVE OUTLETS TO MAKE A POINT THAT THE TRUMP ATTORNEYS WANTED TO MAKE ABOUT DEMOCRATS OUT. >> SO HOW THE REPUBLICAN SENATORS BILL CASSIDY WAS ONE OF THE THAT THE DEFENSE THAT A TERRIBLE JOB ON DAY ONE. ANY SENSE OF HOW HE OR OTHER REPUBLICAN SENATORS MIGHT BE FEELING ABOUT THE TRUMP TEAM'S. >> PRESENTATION A GOOD QUESTION. YEAH. YOU KNOW, I THINK THAT'S ONE OF THE QUESTIONS WE'RE ALL WAITING AND JUST TO PULL BACK THE CURTAIN OF YOURS A LITTLE BIT WHEN THIS TRIAL HAS RIGHT TO SENATORS LEAVE THE CHAMBER AND THEN IT'S LIKE A COVID SAFE. SOCIALLY-DISTANT MAD SCRAMBLE TO TRY TO TALK TO THE ONES WE WANT TO HEAR FROM RIGHT MITT ROMNEY IS ON THAT LIST.

SUSAN COLLINS, LISA MURKOWSKI, RIGHT. SOME OF THE SENATORS TO ARE ASKING SOME QUESTIONS OR COLLEAGUES ON THE HILL WILL WANT TO KNOW ARE YOU SATISFIED WITH THE ANSWERS THAT YOU SO WE'LL FIND OUT SOON HOW BILL CASSIDY FEELS ABOUT THIS. I CAN TELL YOU THAT SENATE REPUBLICANS MORE ALLIED WITH DONALD TRUMP. WE'RE PLEASED. THEY SAID WITH THE DEFENSE PERFORMANCE EVEN BEFORE THE Q A PORTION STARTED UP THINKING, FOR EXAMPLE, OF SENATOR RON JOHNSON PUBLICLY UP PRAISING THE FORMER PRESIDENT'S DEFENSE TEAM. EVEN LISA MURKOWSKI DURING ONE OF THE BREAKS TOO DOES NOT ALWAYS TAKE THE SERVE TRUMP PARTY LINE SAID THAT SHE ACTUALLY DIED. IF THE DEFENSE TEAM PUT ON A FAIRLY GOOD PRESENTATION TODAY HERE. SO I'M LOOKING TO HEAR FROM ALLISON AND THAT IS THAT ARE TOMMY TUBERVILLE.

I GOT TO IMAGINE THAT YOU'VE GOT A BUNCH OF REPORTERS. YOU ARE LOOKING FOR HIM TODAY. AND LET'S TALK ABOUT WHY THAT IS RIGHT. ONE OF THE KEY QUESTIONS THAT WE JUST HEARD IN THESE LAST FEW HOURS, THERE WERE 2 THAT THE IN IN MY ESTIMATION THAT THE TRUMP DEFENSE TEAM JUST DID NOT ADDRESS, RIGHT. YOU HEARD THEM SAY AGAIN AND AGAIN. THESE ARE QUESTIONS OF THE HOUSE IMPEACHMENT OR SHOULD APPROVED. SO SHOULD HAVE PROVEN BASICALLY THE FIRST QUESTION HAD TO DO WITH SPECIFICS ON THE TIMELINE OF DONALD TRUMP IN THE WHITE HOUSE. THEN THE PRESIDENT ON JANUARY 6 AS THIS WAS ALL GOING DOWN. THE OTHER QUESTION HAD TO DO WITH THE SPECIFICS OF THE TIMELINE ON THE PENCE TWEET THAT DONALD TRUMP SENT RIGHT AROUND 2.30 ON JANUARY 6 ATTACKING BASICALLY HIS VICE PRESIDENT.

IT LIVE ASKING HIM FOR FOR NOT HAVING THE COURAGE IN THE EYES OF DONALD TRUMP TO OVERTURN THE ELECTORAL VOTE COUNT. SOMETHING THAT, OF COURSE, MIKE PENCE DID NOT HAVE THE POWER TO ACTUALLY DO SO THE QUESTION THAT CAME UP FROM SENATOR ROMNEY. OTHERS WAS. PRESIDENT TRUMP AT THE TIME. THE PRESIDENT KNOW THAT HIS VICE PRESIDENT HAD ALREADY BEEN EVACUATED FROM THE SENATE CHAMBER AT THAT POINT AND MOVING FROM ROOM TO ROOM.

AS THIS MOB OF RIOTERS WAS DESCENDING ON THE CAPITAL. RIGHT. HERE'S WHY. THAT VERBAL THING COMES INTO PLACE. IF YOU'RE TRACKING THE TIMELINE GOT PENCE EVACUATED TO 13. YOU HAVE THE TWEET SAID AT 2.24 AT SOME POINT. SENATOR TUBERVILLE SAYS. WE DON'T KNOW WHEN IN THIS TIME FRAME, IF IT WAS A LITTLE AFTER A LITTLE BEFORE WE DON'T KNOW. THAT'S ONE OF KEY QUESTIONS. SENATOR TOM SAYS HE GOT A CALL FROM PRESIDENT TRUMP.

ASKED HIM WHO'S TALKING HIM AND SAID ARE TERRIBLE. SAID TO THE PRESIDENT, I GOT TO GO. THEY JUST REMOVED THE VICE PRESIDENT WERE BEING EVACUATED. HE SAID THAT ON THE RECORD TO REPORTERS ON CAPITOL HILL ON WEDNESDAY, THE TRUMP DEFENSE TEAM SAID WE DON'T THINK THAT'S TRUE. WE DON'T BELIEVE THAT TO BE THE CASE. AND SO THAT IS SOMETHING THAT IS IS A REAL QUESTION MARK HERE, ESPECIALLY BECAUSE THE THAT CAME OUT AND VERY EXPLICITLY SAID. >> YOU KNOW, WE AT NO POINT.

THEY SAID AT NO POINT DID THE PRESIDENT. NO, THAT IS VICE PRESIDENT'S SAFETY WAS POTENTIALLY COMPROMISED. SENATOR CHUCK COMMENTS DIRECTLY CONTRADICT THAT ALLISON AND SO HERE YOU HAVE THIS IS A QUESTION POSED BY SENATOR CASSIDY MENTIONED. SO HERE YOU HAVE THE TRUMP DEFENSE THAT TAKING A QUESTION FROM A SENATE REPUBLICAN FOR POTENTIAL ACQUITTAL THAT HE'D WANT TO HAVE RIGHT. DISMISSING THE QUESTION AND THEN THE RECOLLECTION OF ANOTHER REPUBLICAN SENATOR PRESUMABLY WHOSE VOTE FOR ACQUITTAL YOU ALSO LIKE TO SO THAT I THINK IS IS IS A VERY INTERESTING PIECE OF THIS YEAR. >> AT AN ABSOLUTELY INTERESTING PIECE AND HOW YOU GAVE THIS GREAT COLOR. I MEAN, AS WE'VE BEEN WATCHING THROUGHOUT THE DAY, THE TRIAL ITSELF BOTH REALLY INTERESTING TO FOLLOW.

BUT THEN WHEN THEY GO INTO THOSE BREAKS AND YOU'RE ABLE TO SEE, AS YOU MENTIONED, OUR COLLEAGUES RUNNING AFTER OR ATTEMPTING TO RUN IN A COVID RESPONSIBLE WAY TO GET SOUND. I MEAN, IF EVER THERE WAS A CHALLENGING JOB THAT IS IT SO HATS OFF TO THEY'RE DOING A GREAT JOB UNDER TOUGH CIRCUMSTANCES AND HATS OFF TO YOU, MY FRIEND. I KNOW IT IS A WORKING WEEKEND, BUT WISHING YOU A GOOD ONE. THANK YOU ALL. SO APPRECIATE IT. IF YOU THINK. >> THIS UNPRECEDENTED EFFORT IS NOT ABOUT DEMOCRATS OPPOSING POLITICAL VIOLENCE. IS ABOUT DEMOCRATS TRYING TO DISQUALIFY THEIR POLITICAL OPPOSITION. IT IS CONSTITUTIONAL CANCEL CULTURE. HISTORY WILL WILL WILL RECORD THIS SHAMEFUL EFFORT AS A DELIBERATE ATTEMPT BY THE DEMOCRAT PARTY TO SMEAR A SENSOR AND CANCEL.

NOT JUST PRESIDENT TRUMP BUT THE 75 MILLION AMERICANS HAVE VOTED FOR HIM. >> TRUMP DEFENSE LAWYER MICHAEL VAN DER VEEN EARLIER TODAY SAYING THIS IMPEACHMENT TRIAL IS SIMPLY THE DEMOCRATS TRYING TO ELIMINATE DONALD TRUMP AS A POLITICAL THREAT IN THE FUTURE. NBC NEWS LEGAL ANALYST AND FORMER FEDERAL PROSECUTOR GLENN KIRSCHNER JOINING ME NOW. WHAT DID YOU THINK OF THE TRUMPS TEAM'S ARGUMENTS TODAY AND HOW THEY HANDLED THE SENATORS IN THE LATER PORTION OF THE DAY. >> OKAY. ALEX, IT WAS PRETTY REMARKABLE HOW AT TIMES IT SEEMS AND ARE BEING WAS HE WAS DISMISSIVE.

HE WAS COMBATIVE NOT ONLY WITH THE HOUSE MANAGERS BUT SEEMED TO BE COMBATIVE EVEN WITH SOME OF THE REPUBLICAN SENATORS SCHOOL WERE POSING QUESTIONS. AND I'VE SEEN THIS TACTIC IN TRIAL BEFORE WHAT HE WAS DOING EVERY TIME HE WOULD GET A QUESTION EVEN FROM REPUBLICAN SENATORS WHETHER IT WAS MITT ROMNEY OR SENATOR COLLINS OR SENATOR MURKOWSKI, IF HE KNEW THAT THE TRUTHFUL ACCURATE ANSWER WOULD ACTUALLY IN NEW YORK TO DONALD TRUMP'S DETRIMENT. IT MIGHT ACTUALLY INCRIMINATE HIM. HE WOULD LASH OUT INCLUDING A QUESTIONNAIRE. HE WOULD SAY YOU KNOW WHAT, I DON'T THINK THAT'S RELEVANT. SO INSTEAD I'M GOING TO ANSWER A DIFFERENT QUESTION. AND I CAN TELL YOU ACTUALLY WROTE MY NOTICED. IT. HE MAY HAVE JUST LOST SENATOR COLLINS AND SENATOR MURKOWSKI BECAUSE HE'S BEING SO DISRESPECTFUL SO INVASIVE. AND WHEN YOU FAIL TO ANSWER A QUESTION LIKE THAT. I THINK THE SENATORS WILL INFER THAT THE ANSWER ORDER DONALD TRUMP UNDERGOING HOLD IT AGAINST HIM. >> CLINTON DEFENSE ATTORNEY DAVID SCHOEN. IT ACCUSED THE IMPEACHMENT MANAGERS OF WITHHOLDING THAT NEW SECURITY FOOTAGE OF THE CAPITOL.

RIGHT THAT WE SAW EARLIER THIS WEEK. BUT A SOURCE TOLD MSNBC'S NICOLLE WALLACE THAT IS NOT TRUE. LISTEN HERE. >> I HAVE SOME NEW REPORTING, THOUGH, FROM A SOURCE FAMILIAR WITH THE IMPEACHMENT MANAGERS PREPARATION AND THEIR COMMUNICATIONS WITH DONALD TRUMP'S DEFENSE TEAM. THEY TELL ME THIS, QUOTE, EVERY PIECE OF EVIDENCE, INCLUDING NEW VIDEOS THINK HE'S TALKING ABOUT THE SECURITY VIDEOS. WE'RE GIVEN TO THE DEFENSE TEAM BEFORE THE TRIAL THAT COULD HAVE PLAYED THEM. HE LIED. HE TURNS OUT TO BE MISTER SHOW AND WHEN HE SAID THEY NEVER SAW THEM. >> SO GLENN, WE KNOW AN IMPEACHMENT TRIAL IS DIFFERENT FROM ANY OTHER TRIAL THAT WE MIGHT SEE IN A COURTROOM. BUT AS OUR LEGAL EXPERT HELP US UNDERSTAND WHAT ARE THE RULES OF DISCOVERY HERE AND OTHER ANY CONSEQUENCES IF IN FACT THE HOUSE MANAGERS WITHHELD THAT VIDEO IN VIOLATION OF SAID RULES.

>> YOU KNOW, THE SENATE GETS TO MAKE UP THE RULES AS IT GOES ALONG IN AN IMPEACHMENT HEARING. THERE ARE NO RULES OF EVIDENCE THERE ARE FEW RULES OF PROCEDURE. THERE ARE FEW RULES OF DISCOVERY DISCOVERY'S A FANCY WORD FOR ONE PARTY GIVING OVER THE INFORMATION THEY INTEND TO USE TO THE OTHER PARTY SO THEY CAN PREVIEW IT. SO IT LOOKS LIKE BASED ON THE REPORTING THE DEFENSE TEAM MIGHT NOT HAVE BEEN ON US WITH THE SENATORS FOR THE AMERICAN PEOPLE BECAUSE IT LOOKS LIKE THEY DID GET THESE VIDEO CLIPS IN ADVANCE. BUT HERE'S WHAT I CAN TELL YOU. AFTER 30 YEARS OF BATTLING IT OUT IN COURT. ALLISON. EVERY TIME I WENT INTO TRIAL WITH A REALLY STRONG CASE ON THE EVIDENCE. I KNEW WHAT WAS COMING. THE DEFENSE WOULD START ATTACK IN MAY BECAUSE THAT'S WHAT THEY DO. AND IF THEY CAN ATTACK THE EVIDENCE, THEY ATTACKED THE PROSECUTOR. THEY ATTACKED THE ATTACK. THE MESSENGER TO TRY TO DISTRACT THE JURY FROM THE ACTUAL EVIDENCE IN THE CASE. >> I'D LIKE TO TO SHOW SOMETHING ELSE THAT THAT VAN DER VEEN BROUGHT UP TODAY.

HE TALKED ABOUT THE 1969 SUPREME COURT CASE BRANDENBURG VERSUS OHIO. HERE HE IS. >> AND THE BRANDENBURG, THE OHIO CASE. ANOTHER LANDMARK THE COURT HELD THE GOVERN MENT MAY ONLY SERVE. THE GOVERNMENT MAY ONLY SUPPRESS SPEECH FOR ADVOCATING THE USE OF FORCE OR A VIOLATION OF LAW. THE HOUSE MANAGERS CANNOT GET PAST THE FIRST PRONG OF THE BRANDENBURG TEST. THEY HAVE NOT AND CAN NOT PROVE MISTER TRUMP EXPLICITLY OR IMPLICITLY ENCOURAGED USE OF VIOLENCE ARE LAWLESS ACTION. >> GLENN, WHAT DO YOU THINK YOUR IS APPROPRIATE. DOES TRUMP'S JANUARY 6 SPEECH FALL UNDER THIS BRANDENBURG PRESIDENT, IF YOU WILL. >> YOU KNOW, I I THINK IT WAS PROPER FOR THE DEFENSE ATTORNEYS TO ARGUE BRANDENBURG. THE PROBLEM IS IT'S A LOSING ARGUMENT FOR DONALD TRUMP. FIRST OF ALL, A 140 CONSTITUTIONAL SCHOLARS LEFT, RIGHT AND CENTER. SOME OF THE STALWARTS OF THE FEDERALIST SOCIETY DISAGREE WITH DONALD TRUMP'S LAWYER THAT BRANDENBURG SOMEHOW PROTECTS THIS SPEECH WAS THE BRANDENBURG TEST IS BASICALLY 3 ELEMENTS.

FIRST THAT YOU USE WORDS THAT ENCOURAGE VIOLENCE AND IMPORTANTLY, THEY CAN. THOSE WORDS CAN EITHER EXPRESSLY ENCOURAGE VIOLENCE OR IMPLICITLY ENCOURAGE VIOLENCE. BUT WHEN DONALD TRUMP SAID GET DOWN THERE AND FIGHT FIGHT FIGHT. THAT'S ACTUALLY EXPRESSLY ENCOURAGING HE SATISFIES ELEMENT ONE ELEMENT BRANDENBURG USING YOUR WORDS ARE INTENDED TO INCITE LAWLESS ACTION CHECK AND THE 3RD ELEMENT IS THAT YOUR WORDS ARE REASONABLY LIKELY TO RESULT IN IMMINENT LAWLESS ACTION ALLISON, WHAT IS WE'RE HERDS INSPIRED AND INCITED AND RESULTED IN WAS IMMINENT. LAWLESS ACTION. THE LAW IS EASY CHECKED. ALL 3 BOXES BRANDENBURG DOES NOT PROVIDE HIM FIRST AMENDMENT PROTECTION FOR THIS SPEECH WHICH INCITED ACTUAL DEADLY VIOLENCE. >> ALL RIGHT. ME ASK YOU THIS, TRUMPET DAVID SHOWING ALSO CRITICIZED THE IMPEACHMENT MANAGERS SAYING THEY WERE LIED AND WHAT HE CALLED UNPROVEN MEDIA REPORTS. LISTEN, I HAVE A QUESTION FOR YOU ON THE OTHER SIDE. >> REPORTEDLY IS NOT THE STANDARD IN ANY AMERICAN SITTING IN WHICH ANY SEMBLANCE OF DUE PROCESS WAS AFFORDED ACCUSED. REPORTEDLY ISN'T EVEN HERE IS SOME CIRCUMSTANTIAL EVIDENCE. IT IS EXACTLY AS RELIABLE I GOOGLED THIS FOR YOU. AND IF YOU'RE WORRIED, YOU MIGHT NEVER BE TRIED BASED ON THIS TYPE OF EVIDENCE.

DON'T YOU GET MORE DUE PROCESS IN THIS. WHEN YOU FIND A PARKING TICKET. >> WHEN THE DEFENSE ALSO USED NEWS CLIPS TO SUPPORT SOME OF THEIR KEY POINTS TODAY. SO HOW IS THE USE OF MEDIA REPORTS A LACK OF DUE PROCESS HERE. >> YES. SO FIRST OF ALL, THE AMENDMENT DUE PROCESS PROTECTIONS IN THE BILL OF RIGHTS DON'T APPLY TO AN IMPEACHMENT HEARING. THE ONLY APPLY TO CRIMINAL TRIAL. SO ALL OF THIS IN DUE PROCESS. SOUNDS LIKE A REALLY PRETTY PHRASE. WE WANT EVERYBODY TO HAVE DUE PROCESS, BUT WE HAVE TO FOCUS ON WHEN THE DUE PROCESS PROTECTIONS OF THE 5TH AMENDMENT APPLY AND THEY DON'T IMPLY THEY DON'T APPLY TO IMPEACHMENT. BUT HE I THINK THERE'S SOMETHING FOR BOTH SIDES WHEN IT COMES TO COMPLAINT THAT, YOU KNOW, WE'RE RELYING ON MEDIA ACCOUNTS. THE PROBLEM IS BECAUSE THERE ARE NO RULES OF EVIDENCE GOVERNING IMPEACHMENT HEARINGS HERE SAY IS ADMISSIBLE. IT CAN BE USED. HERE IS WHAT IT ALL BOILS DOWN TO. IF THE DEFENSE WAS REALLY COMPLAINING THAT HOUSE MANAGERS WERE RELYING ON HEARSAY.

RELYING ON YOU KNOW, SECONDHAND REPORTING THE HOUSE MANAGERS INVITED DONALD TRUMP TO COME IN AND TESTIFY AND GIVE HIS OWN FIRST HAND ACCOUNT AND DEFEND HIMSELF. AND FRANKLY, I HATE TO PUT IT THIS WAY. BUT DONALD TRUMP OUT HE WOULD NOT COME IN AND TESTIFY AND IN THIS KIND OF A PROCEEDING ALLISON, JUST LIKE IN THE CIVIL CASE. JACK CAN ACTUALLY BE USED AGAINST DONALD TRUMP, AGAINST A RESPONDENT CHOOSE IS NOT TO PARTICIPATE THE CIVIL LAW SAYS YOU CAN DRAW NEGATIVE INFERENCE IS BASED ON HIS FAILURE TO PARTICIPATE. IN OTHER WORDS, YOU CAN PROPERLY THAT HE'S GUILTY AND THAT'S WHY HE REFUSES TO SHOW UP. SO I THINK THE COMPLAINTS THAT THEY'RE USING REPORTS ABOUT WHAT DONALD TRUMP SAID AND DID AND SOUGHT AND THEIR HEARSAY. AND THAT'S OUT OF BOUNDS WITH. AND GUESS WHAT, DONALD TRUMP COULD HAVE AND SHOULD HAVE SHOWN UP TO DEFEND HIMSELF. >> GLENN, CAN'T THANK YOU ENOUGH FOR COMING ON AND SHARING YOUR LEGAL EXPERTISE. SO HELPFUL THIS WEEK AND WE'LL BE CATCHING UP WITH YOU A LITTLE LATER.

THANK YOU. THANKS, ALISON. >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN VARIES PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THEIR STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY. THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> IF IT'S SUNDAY, IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> MAXINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS. JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS.

IT'S NEWS MADE FOR YOUR STREAMING WAR. ♪ ♪ ♪ NEWS IN OUR CHANGING WORLD. >> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT. PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T BIGGER. >> AND I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE VACCINES, THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> THE WORD OF THE DAY WAS FIGHT. TRUMP'S LEGAL TEAM TRYING TO FOCUS THIS IMPEACHMENT TRIAL ON THE DEMOCRATS USING THEIR OWN WORDS AGAINST THEM. TAKE A LOOK. >> THAT SAME HATRED AND ANGER HAS LED HOUSE MANAGES TO IGNORE THEIR OWN WORDS AND ACTIONS AND SET A DANGEROUS DOUBLE STANDARD. THE HOUSE MANAGERS SPOKE ABOUT RHETORIC THAT A CONSTANT DRUMBEAT OF HEATED LANGUAGE. WELL, AS I'M SURE EVERYONE WATCHING EXPECTED. WE NEED TO SHOW YOU SOME OF THEIR OWN WORDS NEEDS TO BE AN AGGRESSIVE STREETS FOR AS LONG AS THERE'S UNREST IN OUR WE GOT THE RED JUST THROW PUNCH WE HAVE TO BE A DONALD TRUMP, I THINK YOU NEED TO GO BACK AND PUNCHED IN THE FACE FEEL LIKE PUNCHING HIM. MANY DEMOCRATIC POLITICIANS INDOORS AND ENCOURAGE THE RIOTS.

>> THAT DESTROYED VAST SWATHS OF AMERICAN CITIES LAST SUMMER. ONE VIOLENT LEFT WING AN ARCUS CONDUCTED THIS SUSTAINED ASSAULT ON A FEDERAL COURTHOUSE IN PORTLAND OREGON. SPEAKER PELOSI DID NOT CALL INSURRECTION. INSTEAD, SHE CALLED THE FEDERAL LAW ENFORCEMENT OFFICERS PROTECTING THE BUILDING. STORM TROOPERS. >> AND DEMOCRATS ARE FIGHTING AS HARD AS WE CAN. DEMOCRATS US STANDING UP TO FIGHT. WE LIKE THE LEFT. >> PRESIDENT TRUMP HAS BEEN ENTIRELY CONSISTENT IN HIS OPPOSITION TO MOB VIOLENCE.

HE OPPOSES IN ALL FORMS IN ALL PLACES. JUST AS HE'S BEEN CONSISTENT THAT THE NATIONAL GUARD SHOULD BE DEPLOYED TO PROTECT AMERICAN COMMUNITIES WHERE EVER PROTECTION IS NEEDED FOR DEMOCRATS. THEY HAVE CLEARLY DEMONSTRATED THAT THEIR OPPOSITION TO MOBS. AND THEIR VIEW OF USING THE NATIONAL GUARD. DEPENDS UPON THE MOBS POLITICAL VIEWS. THE CURRENT VICE PRESIDENT OF THE UNITED STATES, KAMALA HARRIS SCOURGE SUPPORTERS TO DONATE TO A FUND THAT BAILED OUT VIOLENT. RIOTERS AND ARSON US OUT OF JAIL. ONE OF THOSE WAS RELEASED AND WENT OUT AND COMMITTED ANOTHER CRIME ASSAULT. HE BEAT THE BIG JESUS OUT OF SOMEBODY.

SHE SAID. OF THE VIOLENT DEMONSTRATIONS. EVERYONE TO WEAR. THEY'RE NOT GOING TO STOP BEFORE ELECTION DAY IN NOVEMBER AND THEY'RE NOT GOING TO STOP AFTER ELECTION DAY. THEY'RE NOT GOING TO LET UP. AND THEY SHOULD NOT. >> FROM ANTIFA TO THE 2016 ELECTION. THE DEFENSE MAKING THEIR CASE TODAY BUT WASN'T FULLY ACCURATE. LET'S BRING IN NBC NEWS DOT COM POLITICAL REPORTER JANE TIMM.

OUR FACT CHECKER IN CHIEF, IF YOU WILL. JANE TRUMP ATTORNEY MICHAEL VAN DER VEEN CLAIMING IN HIS OPENING ARGUMENTS THAT TRUMP WAS NOT TRYING TO DERAIL THE 2020 VOTE COUNT ON CAPITOL HILL DURING HIS SPEECH ON JANUARY 6. LISTEN. >> THE ENTIRE PREMISE OF HIS REMARKS WAS THAT THE DEMOCRATIC PROCESS WOULD AND PLAY OUT ACCORDING TO THE LETTER OF THE LAW. INCLUDING BOTH THE CONSTITUTION AND THE ELECTORAL COUNT ACT. >> ALSO CLAIM THAT TRUMP WAS ADVOCATING FOR FUTURE VOTING RESTRICTIONS IN THAT SPEECH. CAN YOU CLARIFY FOR US. WHAT DID TRUMP ACTUALLY SAY IN THAT SPEECH ON JANUARY 6TH. I REALLY IS JUST A HOLDING WATER WITH THIS ARGUMENT THAT THE PRESIDENT WAS NOT TALKING ABOUT FUTURE PRIMARY AS MUCH AS HE WAS TALKING ABOUT THE VOTE COUNT HAPPENING BREAK DOWN THE STREET. I MEAN, I GENUINELY WANTED WERE WE WATCHING THE SAME SPEECH. I MEAN, WHAT I RECALL HIM SAYING WAS OUR COUNTRY HAS HAD ENOUGH WE WILL STOP THE STEAL.

>> YOU KNOW, AT THE VERY TAIL END. HE SAYS, YOU KNOW, WE IN ADDITION TO CHALLENGING THE CERTIFICATION. WE WILL PUSH FOR MORE BODY RESTRICTIONS, BUT HE'S DOES NOT SAY, YOU KNOW, THIS IS ALL ABOUT FUTURE PRIMARIES FOR HIM. THIS IS ABSOLUTELY ABOUT CONFRONTING LAWMAKERS HOOPER GOING TO CERTIFY THIS VOTE. >> VAN DER VEEN ALSO CLAIMED ANTIFA WAS INVOLVED IN THE DEADLY CAPITOL RIOTS WITH AT LEAST ONE MEMBER ARRESTED. LISTEN. >> ACCORDING TO PUBLICLY AVAILABLE REPORTING IT IS APPARENT THAT EXTREMIST OF VARIOUS DIFFERENT STRIPES AND POLITICAL PERSUASIONS PRE PLANNED AND PREMEDITATED AND ATTACK ON THE CAPITAL. ONE OF THE FIRST PEOPLE WAS A LEADER OF ANTI FUN. SADLY. HE WAS ALSO AMONG THE FIRST TO BE RELEASED. >> DID INFILTRATE THE PROTESTS. JANE IN. DO WE KNOW IF ANYONE LINKED WHEN PEOPLE WAS ACTUALLY ARRESTED THAT DAY.

>> NOW IN DEEP, IT WAS NOT INVOLVED IN ANY SIZABLE FASHION AS PROTEST. IT WAS TRUMP SUPPORTERS CUBAN ON FOLLOWERS OTHER SORT OF CONSPIRACY THEORIES. AND THIS WAS NOT A HE PUT IN. THERE WAS ONE INDIVIDUAL WAS BELIEVED REPORTS TO BE TIED TO GET SOME SORT OF LOOSE TIES TO A LEFT BUT AS BUT ABSOLUTELY NOT A LEADER OF AS THE ATTORNEY SAYS IT'S INTERESTING THE REPORTS ARE OKAY AND THIS IN SCENARIO. WHERE IS OTHER WAYS HE WAS CRITICIZING THE USE OF MEDIA REPORTING AS AN INACCURATE. >> JANE, THE DEFENSE TOOK US BACK TO THE 2016 ELECTION AND A CLEAN WE HAVE HEARD REPEATEDLY FROM PRESIDENT TRUMP THAT THERE WAS NO EVIDENCE THAT THE ELECTION WAS HACKED. HERE'S THAT MOMENT. >> THE ENTIRE DEMOCRATIC PARTY AND NATIONAL NEWS MEDIA SPENT THE LAST 4 YEARS REPEATING WITHOUT ANY EVIDENCE. THAT THE 2016 ELECTION HAD BEEN HACKED. AND FOALE SEE AND ABSURDLY CLAIMED. >> THE PRESIDENT OF THE UNITED STATES WAS A RUSSIAN SPY. >> YOU KNOW, THERE WAS A HACK.

I KNOW THERE IS A HACK BUT REMIND US AND OUR VIEWERS, IF YOU WILL, OF THE FACTS TO BACK THAT UP. >> ABSOLUTELY. RUSSIA INTERFERED IN THE ELECTION. I DON'T KNOW HOW MANY DIFFERENT WAYS I CAN EXPLAIN AS THEY'RE ABSOLUTELY. BUT THE HACK, IT'S HOW WE KNOW THAT JOHN PODESTA HAS REALLY STRONG FEELINGS ABOUT RECIPES AS WE'VE SEEN ALL OF THEIR PRIVATE E-MAILS THAT WERE HACKED AND RELEASED. YOU KNOW, OBVIOUSLY THE IDEA OF DONALD TRUMP BEING A RUSSIAN SPY HAS THAT KIND OF THEY SHOW US IS THAT, YOU KNOW, ALLEGATION THAT YOU MIGHT HAVE HEARD ON LATE NIGHT TALK SHOWS. BUT WE'RE TALKING ABOUT IS THERE REALLY WAS A HACK AND THAT ELECTION. THERE WAS NO CONSPIRACY ABOUT WHETHER RUSSIA WAS INVOLVED. THEY WERE. >> LOOK, I'M NOT GOING ARGUE THAT WHEN I HAVE STRONG FEELINGS ABOUT REASON RECIPES TO WHAT CAN I JAMES HIM. ALWAYS LOVE HAVING YOU WANT TO HELP US SEPARATE. THE FACT FROM THE FICTION. APPRECIATE IT. >> THEY 1000. ♪ ♪ >> THE IMPEACHMENT TRIAL COVID. REALLY? WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT.

WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY. THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT, PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T THAT >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> NEWS IN OUR CHANGING WORLD. HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE. THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE BACK SEAT THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US, THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> IT'S ALL ABOUT POLITICS. THAT'S WHAT THE TRUMP LEGAL TEAM SAID TODAY ARGUING THIS IMPEACHMENT TRIAL IS DISENFRANCHISING PRESIDENT TRUMP SUPPORTERS AND GOING AGAINST THE WILL OF THE PEOPLE. TAKE A LISTEN. >> CONGRESS WOULD BE CLAIMING THAT THE RIGHT TO DISQUALIFY A PRIVATE CITIZEN NO LONGER A GOVERNMENT OFFICIAL FROM RUNNING FOR PUBLIC OFFICE. THIS WOULD TRANSFORM THE SOLEMN IMPEACHMENT PROCESS INTO A MECHANISM FOR CONGRESSIONAL CONTROL OVER WHICH PRIVATE CITIZENS ARE AND ARE NOT ALLOWED TO RUN FOR PRESIDENT. THEY SHOULD HAVE LISTENED TO THEIR OWN WORDS OF THE PAST.

I LEAVE YOU WITH THE WISE WORDS OF CONGRESSMAN JERRY >> THE EFFECT OF IMPEACHMENT IS TO OVERTURN THE POPULAR WILL OF THE VOTERS. WE MUST NOT OVERTURN AN ELECTION AND REMOVE A PRESIDENT FROM OFFICE EXCEPT TO DEFEND A SYSTEM OF GOVERNMENT. OUR CONSTITUTIONAL LIBERTIES AGAINST THE DIRE THREATS. >> DO YOU WANT TO CREATE A PRECEDENT. WHERE THE SENATE WILL BE TASKED WITH SITTING IN JUDGMENT AS TO THE MEANING AN IMPLIED INTENT OF THE PRESIDENT'S WORDS.

OR WORDS OF ANY ELECTED OFFICIAL. WELL, THAT ALLOW AND MAYBE ENCOURAGE A MAJORITY PARTY TO WEAPONIZE THE AWESOME POWER OF IMPEACHMENT AGAINST THE MINORITY TO SUPPRESS A POINT OF VIEW. WILL THE SENATE THEN HAVE TO DEAL WITH CONSTANT ARTICLES OF IMPEACHMENT BY A MAJORITY PARTY ACCUSING MINORITY PRESIDENTS OR OTHER ELECTED OFFICIALS OF SO-CALLED INSIGHT FULLER FALL SPEECHES. YOU CAN SEE WHERE THIS WOULD LEAD.

ANIMOSITY DIVISION POLITICAL GAIN AND LET'S FACE IT FOR HOUSE DEMOCRATS. PRESIDENT TRUMP IS THE BEST ENEMY TO ATTACK. POLITICS CHANGES THINGS. POLITICS HAS CREATED AND INJURE POSED AND ELEMENT. THAT SHOULD NOT BE HERE. IT IS IN OPPOSE THE ELEMENT OF HATRED. AND THE POLITICAL WORLD CHANGES WHEN HATRED BECOMES OF THE DYNAMIC. >> TODAY WAS THE FIRST TIME WE HEARD OPENING ARGUMENTS FROM THE TRUMP TEAM. IT WILL ALSO BE THE LAST. THE DEFENSE USING JUST ONE AFTERNOON TO MAKE THEIR CASE. SO HOW EFFECTIVE WAS IT? JOINING ME NOW, REPUBLICAN STRATEGIST SUSAN DELL AND DEMOCRATIC STRATEGIST AND TUMMIES SUSAN TRUMP'S DEFENSE TEAM ARGUED THAT THE HOUSE MANAGERS TOOK TRUMP'S WORDS OUT OF CONTEXT. THEN WE PLAYED A REALLY LONG MONTAGE OF DEMOCRATS USING THE WORD FIGHT WITHOUT CONTACTS.

HERE'S A SMALL PART OF IT. >> WE NEED TO SAY LOUD AND CLEAR THAT WE ARE READY TO FIGHT SO THE BARE KNUCKLE FIGHT NOW THEY'RE GOING TO HAVE TO ACTUALLY FIGHT BACK AGAINST PEOPLE IN THE FIGHT HAS TO BE CONDUCTED AND SO IMPORTANT THAT WE NEED TO FIGHT FIGHT. WE HAVE BEEN FIGHTING. I WAS FIGHTING VERY HARD. TIME IS OF THE ESSENCE BOTH IN TERMS OF THE FIGHT. I THINK WE SHOULD BE REALLY BELIEVE WE NEED TO FIGHT. >> SUSAN, DOESN'T THAT UNDERMINE THE TRUMP TEAM'S ARGUMENT THEN ORMAN MISSING SOMETHING. WHAT WAS THE GOAL HERE? >> WITH THE GOAL OF THE TRUMP TEAM EXACTLY. I KNOW WAS TO BE BRIEF BECAUSE THEY DIDN'T HAVE A LOT TO USE.

FRANKLY, A LOT TO DEFY A LOT. A LOT LEGAL ARGUMENT, IF YOU WILL. >> SO THEY USE THE SAME VIDEO. 3 TIMES. >> THEY OFFERED. >> A BIZARRE. >> COMMENTARY WHEN IT CAME TO PERSONAL ISSUES ABOUT HOW LONG THEY'VE BEEN WORKING ON THE CASE AND FRANKLY ALL THEY HAD TO DO WAS OFFER SOME KIND AND FIG LEAF TO REPUBLICAN SENATORS ABOUT THE CONSTITUTION WHICH THEY DID, WHICH IS NOT TRUE. BUT THAT'S WHAT THEY OFFERED AND HIS JOB WAS DONE. HEAT GOAL HERE WAS NOT CAUSE HARM AND HE ALMOST DID IT. THEY >> TRUMP LAWYER MICHAEL VAN DER VEEN USE. JOE BIDEN'S THAT CAMPAIGN SLOGAN IN HIS DEFENSE OF TRUMP'S JANUARY 6 SPEECH. TAKE A LISTEN. >> COUNTLESS POLITICIANS HAVE SPOKEN OF FIGHTING FOR OUR PRINCIPLES. JOE BIDEN'S CAMPAIGN SLOGAN WAS BATTLE FOR THE SOUL OF AMERICA. NO HUMAN BEING SERIOUSLY BELIEVES THAT THE USE OF SUCH METAPHORICAL TERMINOLOGY IS INCITEMENT TO POLITICAL VIOLENCE. >> YOUR TAKE ON THAT COMPARISON. MUSTAPHA. >> ONE. LOOK, I THAT WHEN YOU SAY THE WORD FIGHT AND YOU'RE TALKING ABOUT EARLIER, TOO.

YOU KNOW, ACTIVISTS TO TALK ABOUT POLITICAL ORGANIZING TALKING ABOUT BASICALLY GAUGE. WHEN YOU SAY THE WORD FIGHT IN FRONT OF EXTREMISTS. PEOPLE PROBABLY OVER PROUD BOYS. THAT'S A VERY DIFFERENT DEFINITION. AND PRESIDENT TRUMP KNOWS THAT ACTIVATED THESE PEOPLE IN THE PAST. HE DID THIS IN MICHIGAN WHERE HE TOLD PEOPLE TO GO TO THE MICHIGAN CAPITOL AND TO FIGHT AND TO STAND FOR THEM. AND THERE WAS A PLOT THAT THE FBI. SPOILED. COMING FROM INSIDE OR LEASE THAT THEY'RE WILLING TO KIDNAP THE GOVERNOR OF MICHIGAN AND THERE ARE GOING TO HOLD HER. I MEAN, HE'S JUST THINK ABOUT THIS. SO THIS NOTION THAT THIS ALL HAPPENED ON ON THE 6.

IT'S A FALSE OCEAN. PRESIDENT TRUMP HAS BEEN SHOOTING THIS CROWD OUT. HE KNOWS EXACTLY WHAT THEY CAN DO AND TO MAKE AN ANALOGY ABOUT WHAT JOE BIDEN SAYS ON THE CAMPAIGN TRAIL. IT'S JUST, YOU KNOW, THE END OF THE DAY, ANYBODY THAT WORKS FOR PRESIDENT TRUMP DOING MY MY DEAR LEADER AT THE BASICALLY, YOU KNOW, SPEAKING FOR 2, 1, PERSON NOT TO THE REST OF US. >> WELL, THEY HAVE TO GET PAID SAYS AND THAT'S WHY THEY DO IT.

>> BUT THERE'S ONE THING I UNDERSTAND FROM PRESIDENT TRUMP LAWYERS OUT WAS AS FAR AS HE'S CONCERNED. >> HE SAYS. AND FORMER UN AMBASSADOR NIKKI HALEY, A BREAKING FROM FORMER PRESIDENT TRUMP. SHE TOLD POLITICO WE NEED TO ACKNOWLEDGE HE LET US DOWN. HE WENT DOWN A PATH. HE SHOULDN'T HAVE AND WE SHOULDN'T HAVE FOLLOWED HIM AND WE SHOULD HAVE LISTENED TO HIM AND WE CAN'T LET THAT EVER HAPPEN AGAIN. BUT IN THE SAME INTERVIEW SHE CALLED IMPEACHMENT A WASTE OF TIME. CAN HE REALLY HAVE IT BOTH WAYS. >> TO SOME EXTENT SHE CAN. THIS IS WHAT SHE DID WITH HER TIME WITH PRESIDENT OVER THE LAST 4 YEARS. REMEMBER CHARLOTTESVILLE. SHE WAS FAIRLY AGGRESSIVE CALLING HIM OUT ON IT AND HIS ACTIONS AND HIS WORDS. BUT THEN SHE FELL BACK ONLINE AND CHEESE FRANKLY GOTTEN QUITE GOOD AT DOING THAT. SHE GOES A LITTLE BIT AND COMES BACK A LITTLE BIT AND I THINK SHE SETTING HERSELF. I VERY WELL ACTUALLY, SHE'S PUTTING DOWN A MARKER THAT THIS BEHAVIOR WAS UNACCEPTABLE.

SHE STILL HAS THE CREDENTIALS AS BEING TRUMP'S CABINET. >> MUSTAFA SENATE MINORITY LEADER MITCH MCCONNELL HASN'T DECIDED HOW HE WILL VOTE DEMOCRATIC SENATOR SHELDON WHITEHOUSE SAYING THAT'S AN IMPORTANT SIGNAL. HERE'S WHITE HOUSE THIS MORNING. ♪ >> HE TRULY IS ON THE FENCE. I THINK IT'S SIGNIFICANT THAT HE'S ALLOWING THAT. I THINK IT'S PRETTY REAL TO MATCH AND DOWN END UP VOTING TO CONVEY, WHICH I THINK HE'S SENDING IMPORTANT SIGNAL THAT HE IS DEEPLY DISTURBED BY ALL OF THIS. >> DO YOU AGREE WITH WHITE MCCONNELL IS SENDING A SIGNAL HERE AND DO YOU THINK IT'S SIGNIFICANT.

EVEN IF IN THE END HE VOTES TO ACQUIT. >> AND ONE WE ALL KNOW THAT THIS IS NOT GOING TO BE JUST A DEMOCRAT. THERE WILL BE OF REPUBLICANS OUT TO VOTE ON THIS. WE SAW THAT IN THE HOUSE FOR 11 MEMBERS OF REPUBLICAN MEMBER OF CONGRESS SAID VOTING FOR IMPEACHMENT INCLUDE LIZ CHENEY, THE NUMBER 3 RANKING MEMBER OF YOUR LIFE SEE THAT ON THE SENATE TO GET TO THEM. YOU KNOW, YOU ROMNEY IS LIKELY TO COME ON.

SUSAN AND PROBABLY 2 OR 3 OTHER SENATORS THAT ARE ON THE FENCE ABOUT TO COME, INCLUDING COUNSELING. >> SO THEN LET'S TURN TO THE QUESTIONING PHASE. TONIGHT. THE DEFENSE TEAM WAS ASKED ABOUT WHEN TRUMP KNEW ABOUT THE CAPITAL BREACH AND WHAT SPECIFIC ACTIONS HE TOOK TO STOP IT. MICHAEL VAN DER VEEN DEFLECTED BASICALLY BLAME THE HOUSE MANAGERS. HERE'S PART OF HIS ANSWER. >> THE DAY WE HAVE A TWEET. AT 2.38 SO IT WAS CERTAINLY SOME TIME BEFORE THEN. WITH THE RUSH TO BRING THIS IMPEACHMENT. THERE'S BEEN ABSOLUTELY NO INVESTIGATION INTO THAT. AND THAT'S THE PROBLEM. >> WITH THIS ENTIRE PROCEEDING. THE HOUSE MANAGERS DID 0 INVESTIGATION AND THE AMERICAN PEOPLE.

DESERVE A LOT BETTER THAN COMING IN HERE WITH NO EVIDENCE. HEARSAY ON TOP. A HEARSAY ON TOP OF REPORTS THAT ARE OF HEARSAY. >> SEVERAL SENATORS RAISE THIS QUESTION. AND I SHOULD NOTE THAT THEY WERE REPUBLICANS. WHAT DO YOU MAKE OF HIS RESPONSE. THERE IS CRITICIZING DEMOCRATS. THEY'RE THE RIGHT MOVE. >> WELL, IF YOU CAN ANSWER WITH THE TRUTH. THAT'S ALL YOU'VE GOT. SO. THAT IS BY THE WAY, THAT QUESTION IT.

EVERYTHING TO THE REPUBLICAN SENATORS TO ARE CONSIDERING VOTING FOR IMPEACHMENT IT LANDS THERE BECAUSE. IT SHOWS HIS COMPLETE DISREGARD FOR THE PEOPLE THERE FOR THE COUNTRY AND THAT'S WHAT THEY CAN TOLERATE AND JUST WANT TO TALK ABOUT MITCH MCCONNELL A LITTLE BIT. HE ALSO IS AN INTERESTING POSITION BECAUSE HE'S AN INSTITUTIONAL AND I THINK HE WANTS TO GO THERE AND VOTE NO AND ALLOW ANY REMEMBER HU WANTS YOU TO GO AHEAD. HE ALSO KNOWS IT WON'T HURT HIM ON THE FUNDRAISING SIDE EITHER. >> MUSTAPHA, HOW ABOUT YOU, YOUR TAKE AWAY FROM THE QNA OVERALL. WHAT STRUCK YOU THE MOST? THERE. >> NOW THE RIGHTEOUS INDIGNATION THE WHERE SHE STOOD UP THERE AND THEY NEED THESE WILD ACCUSATIONS AND CLAIMS, ONLY FALL THIS HARMFUL ALTERNATIVE FACTS THAT WE LEARN FROM KELLYANNE CONWAY WITH THE TRUMP ADMINISTRATION FIRST CAME TO TOWN.

WE SAW A LOT OF ALTERNATIVE FACTS A DAY TRYING TO PAY TURN INTO REALITY. THAT OF US, INCLUDING THOSE SENATORS CAN DID NOT BECAUSE THEY'RE WITH THEIR EXPERIENCE THAT THE HOUSE MANAGERS DID AN EXCELLENT JOB IN PRESENTING THEIR CASE. BY THE END POLITICS WITH THE POLITICS AND THIS IS THE MOST SENATORS OR IMPEACHMENT EVER THE GUN TO 2 DIFFERENT, YOU SOMETHING FROM THE SAME PRESIDENT. SO I THINK POLITICS AND THAT THIS WILL BE BIPARTISAN. >> THOUGH. I THINK YOU SEE REPUBLICANS COME OUT ON THIS. >> ALRIGHT WITH SUSAN, THANK YOU BOTH SO MUCH FOR YOUR INSIGHTS TONIGHT. GREAT TO SEE BOTH. >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN VARIES PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THEIR STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY.

THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA. THIS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> VACCINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS. JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS. IT'S NEWS MADE FOR STREAMING WAR. ♪ ♪ ♪ NEWS IN OUR CHANGING WORLD.

>> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE NEW STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT. PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY. BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE VACCINES, THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY. >> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US.

NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> WHEN DID DONALD TRUMP KNOW ABOUT THE CAPITOL. RIGHT. AND WHAT DID HE DO ONCE HE FOUND OUT BOTH SIDES TOOK THAT QUESTION TODAY. HERE'S HOW THEY ANSWERED IT. >> EXACTLY. WHEN DID PRESIDENT TRUMP LEARNED OF THE BREACH OF THE CAPITAL AND WHAT SPECIFIC ACTIONS DID HE TAKE TO BRING THE WRITING TO AN END. AND WHEN DID HE TAKE THEM. PLEASE BE AS DETAILED AS POSSIBLE.

TO >> THE HOUSE MANAGERS HAVE GIVEN US THE OTHER ON TO THAT QUESTION. WE'RE ABLE TO PIECE TOGETHER A TIMELINE IT GOES ALL THE WAY BACK TO THE DECEMBER 31ST JANUARY. 2ND, THERE IS A LOT OF INTERACTION THE AUTHORITIES GETTING FOLKS HAVE SECURITY BEFOREHAND ON THE DAY. WE HAVE A AT 2.38 SO IT WAS CERTAINLY SOME TIME BEFORE THEN. WITH THE RUSH TO BRING THIS IMPEACHMENT. THERE'S BEEN ABSOLUTELY NO INVESTIGATION INTO THAT. AND THAT'S THE PROBLEM. >> WITH THIS ENTIRE PROCEEDING. THE HOUSE MANAGERS DID 0 INVESTIGATION AND THE AMERICAN PEOPLE. DESERVE A LOT BETTER THAN COMING IN HERE WITH NO EVIDENCE. HEARSAY ON TOP. A HEARSAY ON TOP OF REPORTS THAT ARE OF HEARSAY. DUE PROCESS IS REQUIRED HERE. >> AND THAT WAS DENIED. MISTER PRESIDENT.

SENATORS. THIS ATTACK WAS ON LIVE TV. ON ALL MAJOR NETWORKS IN REAL TIME. THE PRESIDENT AS PRESIDENT HAS ACCESS TO INTELLIGENCE INFORMATION INCLUDING REPORTS FROM INSIDE THE CAPITOL. HE KNEW THE VIOLENCE THAT WAS UNDER WAY. HE KNEW THE SEVERITY OF THE THREATS AND MOST IMPORTANTLY, HE KNEW THE CAPITOL POLICE WERE OVERWHELMINGLY OUTNUMBERED IN A FIGHT FOR THEIR LIVES AGAINST THOUSANDS OF INSURGENTS WITH WEAPONS. WE KNOW HE KNEW THAT. WE KNOW THAT HE DID NOT SON ANY INDIVIDUALS. WE DID NOT HEAR ANY TWEETS. WE DID NOT HEAR HIM TELL THOSE INDIVIDUALS THIS IS WRONG. YOU MUST GO BACK. WE DID NOT HEAR THAT. SO WHAT ELSE DO THE PRESIDENT DO. WE ARE UNCLEAR, BUT WE BELIEVE IT WAS A DERELICTION OF HIS DUTY AND THAT WAS BECAUSE SHE WAS THE ONE HU HAD CAUSED THEM TO COME TO THE CAPITAL AND THEY WERE DOING WHAT HE ASKED THEM TO DO SO. THERE WAS NO NEED FOR HIM TO STOP THEM FROM WHAT THEY WERE ENGAGED IN. >> CAME OUT. THE BIGGEST WINNER OF THE IMPEACHMENT TRIAL THIS WEEK. I GUESS IT ALL DEPENDS ON HOW THE SENATE VOTES.

NBC NEWS, DOT COM, SENIOR POLITICAL ANALYST JONATHAN ALLEN. HERE. NOW, THOUGH, TO GRADE THE IMPEACHMENT TRIAL SO FAR. JOHN, LET'S START WITH HOW LONG THE TRUMP LEGAL TEAM WENT TODAY. YOU SET THE OVER UNDER REAL LOW YESTERDAY SAYING 2 HOURS. THEN ONE, THEY WENT 2 HOURS AND 32 MINUTES. WOULD YOU THINK OF THE TIMING. >> I MEAN, I WAS WRONG. I GUESS ALSO LIMITS OF THE ORDER TURN OUT THE 2 HOURS. BELATED. IT WAS PRETTY SO I'M NOT GOING NEED MY HAVE METAPHORICALLY AS I SO I WOULD IF I WAS WRONG. BUT THAT'S OKAY. NOBODY WATCHING BUT. >> NO. AND WE CERTAINLY WANT FORCE. WOULD YOU COULD YOU WEREN'T OFF WHAT YOU MAKE OF THE FACT THAT THAT, YOU KNOW, THEY JUST DIDN'T GO ALL THAT LONG TODAY. >> I DIDN'T MUCH TO SAY AND WE SAW MOST OF WHAT THEY SAID WAS A A LOT OF DEMOCRATIC MEMBERS OF CONGRESS USING THE TERM THAT DID NOT RESULT IN THE STORMING OF THE CAPITAL THAT DID NOT RESULT VIOLENCE A MASSIVE SKILL. AND IT WAS.

SOMEHOW THE BUZZ IN THE UNITED STATES. TELLING HIS SUPPORTERS TO GO FIGHT. I'M GOING TO RUSH THE CAPITAL WAS THE SAME AS ANY OTHER SAYING AT A POLITICAL SPEECH SUPPORTERS SHOULD FIGHT FOR IT IT WAS SORT OF WAYS ANY REASONABLE WAY FIND SERVED. >> YEAH. I WAS GOING TO ASK WHAT YOU THOUGHT ABOUT THAT VIDEO. PRETTY CLEAR. IF YOU THERE FOR SURE. LET ME ASK YOU ABOUT A TWEET YOU MADE EARLIER TODAY. YOU TWEETED. THAT YOU'D BE INTERESTED IN THE ARGUMENT THAT BILL CLINTON LYING ABOUT WHAT HE LIED ABOUT IS MORE OF A THREAT TO THE REPUBLIC THEN THE PRESIDENT SENDING ARMED SUPPORTERS TO THE CAPITOL TO STOP THE COUNTING OF ELECTORAL VOTES BY FORCE. NOW THE DEFENSE DIDN'T EXACTLY GO THERE. SO WHAT WAS THEIR MOST INTERESTING ARGUMENT TODAY. IN YOUR OPINION. >> DO. MOST INTERESTING ARGUMENT IS. YOU KNOW, THAT THE PRESIDENT DIDN'T IN SECOND SAFE IS THAT'S THE ONE THAT I THINK SENATORS ARE GOING TO JUDGE SOME OF THEM WILL SAY THIS UNCONSTITUTIONAL FOR BOTH THE HOUSE DEMOCRATIC MANAGERS. BUT I THINK SOME OF THEM WERE AWAY. THIS IN AN ALREADY KNEW THAT.

BUT THE DEFENSE LAWYERS DID THAT WHEN PRESIDENT DIDN'T INSIDE THE DOESN'T MEET THRESHOLD. BUT HE DID DOES NOT MEET THE INSIGHT INTO AND THAT'S PROBABLY WOULD HAVE BEEN. YOU REALLY ARE A LOT OF REPUBLICAN SENATOR CENTER. >> ALL RIGHT. SO WHAT WAS THE MOST EGREGIOUS ARGUMENT. >> IT'S A GREAT QUESTION. ELSE. AND THEN SORT OF ON EACH OTHER. TELLING THE SENATE THAT THEY DON'T CONSTITUTIONAL AUTHORITY WHEN REALLY DO. AND BY THE WAY, THE IF THERE IS A CHURCH WAS. PROTECT THE PREROGATIVES ALMOST ALL CALLS A LITTLE BIT PUTTING THEIR PARTISAN INTERESTS. SO NO ONE PRETTY TO THE SENATE ALREADY VOTED TO SAY THAT IT DOES HAVE THE JURISDICTION. SOME OF THE OTHERS AND DOES SORT OF FREE SPEECH ARGUMENT. IDEA THAT THE PRESIDENT HAS SOMEHOW PROTECTION FROM THE CONSTITUTION WHEN IN IT'S THE LEGISLATORS THE ONES THEY SHOWED IN THOSE VIDEOS TO HELP HIRED FORMER PROTECTION OF IN THE CONSTITUTION. THERE'S SOMETHING CALLED THE SPEECH AND DEBATE CLAUSE WHICH PORTENDS WHAT THEY SAY FROM THEM, BEING HELD ACCOUNTABLE IN ANY OTHER FORM IN CONGRESS.

THE PRESIDENT DOESN'T HAVE PROTECTION THAT EXISTS FOR THOSE LAWMAKERS IN THE VIDEOS OF SAME FIGHT. SOME OF THESE ORGANS WILL JUST IN PAST. YOU KNOW, DISINGENUOUS AT WORST. >> YOU ALSO GET A QUOTE FROM TRUMP LAWYER MICHAEL VAN DER VEEN TO OPENED TODAY'S ARGUMENTS THAT QUOTE, NO THINKING PERSON COULD SERIOUSLY BELIEVE THAT THE PRESIDENT'S JANUARY 6 ON THE ELLIPSE WAS IN ANY WAY AND INCITEMENT TO VIOLENCE OR INSURRECTION. JOHN, YOU SAID I KNOW A LOT OF THINKING PEOPLE WHOSE SERIOUSLY GRAVELY AND SOMBERLY BELIEVE OTHERWISE. >> ANY OF THEM.

SENATE REPUBLICANS. >> YEAH. YOU KNOW, SOME OF THE MORE LOBBY. US LEE SOO WITH THE VOTES. BUT MITT ROMNEY'S INDICATED THAT NATURAL ACTION WITH SOME COUNTS. THE SUSAN COLLINS, TOOMEY, PERHAPS. YOU CITY, MAYBE EVEN THE SENATOR MCCONNELL AS WAS JUST SAID LAST SEGMENT HAS LEFT OPEN THE POSSIBILITY THAT YOU MIGHT VOTE TO CONVICT. YOU KNOW, IF YOU WILL, AROUND THE COUPLE COMMUNITY. WE SAW THE VOTE ON A BIPARTISAN, HE SAYS, TO SEND THESE IMPEACHMENT ARTICLES OVER IF YOU TALK THE MEMBERS OF THE STAFFS OF MANY OF THESE REPUBLICAN SENATORS THEY WILL TELL THEY WERE VERY. UNHAPPY WITH WHAT HAPPENED ON JANUARY SINCE THEN THEY'RE DISGUSTED WITH PRESIDENT TRUMP MAY MANY OF HIS OWN OFFICIALS RESIGNED. WHAT IN THE AFTERMATH OF THE JANUARY 6, WHICH SUGGESTED THEY BELIEVE THAT PEOPLE RESPONSIBILITY FOR IT. TO, YOU KNOW, TO SAY THAT NO PERSON. WOULD SEE. THIS IS INCITEMENT DOUBLE.

>> YOU PUBLISHED A PIECE THIS MORNING ON NBC NEWS, DOT COM SAYING HOUSE DEMOCRATIC PROSECUTORS ASK THE SENATE REPUBLICANS TO CONSIDER THE PRECEDENT. THEY WOULD SET BY APPROVING TRUMP'S CONDUCT GOING ON TO SAY WHAT IS LEFT FOR THE SENATE TO DECIDE IS WHETHER THE FORMER PRESIDENT'S CONDUCT DEMANDS HIS CONVICTION AND DISQUALIFICATION FROM FUTURE OFFICE. TAKE TRUMP'S LAWYER SAID THE PROSECUTION'S CASE WAS DIVORCED FROM FACTS EVIDENCE AND THE INTEREST OF THE AMERICAN PEOPLE.

YOUR REACTION TO THAT? >> I MEAN, SHORT OF GETTING INTO THE PRESIDENT'S HEAD WHICH IS DIFFICULT REFUSE TESTIFY. THE THE DEMOCRATIC MANAGERS ALL THE EVIDENCE THEY HAD. YOU ASKED MENTIONED EARLIER, THE IDEA OF WINNERS AND LOSERS. AND YOU KNOW, ONE OF THESE WILL BE LOST IN THIS IMPEACHMENT TRIAL. THERE'S PUNISHMENT FOR TRUMP ARE NO BE A BUS AND WHETHER IT CONDITION BALL FROM ON SOME SORT OF CENTRAL DOESN'T HAPPEN. THE PRESIDENT AND SAID HERE IS THAT ANY PRESIDENT CONSENT HIS SUPPORTERS TO GO OVER THE CAPITOL, THE LEGISLATURE. AND HE TOLD WAS NOT JUST IN THE LAME DUCK PERIOD. IT WAS PRESIDENT. IT WAS IN THE NEXT ELECTION. BUT SIMPLY THAT ANY PRESIDENT CAN DO THAT. AND THAT'S A PRESIDENT THAT I THINK MOST PRESIDENTS HOPEFULLY WOULD NOT FOLLOW EVEN THOUGH HE BUT. IT'S REALLY POTENTIALLY DANGEROUS FOR THE REPUBLIC. >> ALL RIGHT. SO I PROMISED WE WOULD ASK IN THE INTRO. SO I GOT TO ASK BEFORE YOU GO TO ONE IN YOUR OPINION THIS WEEK AND DOES IT MATTER.

DO YOU THINK THAT EITHER SIDE WAS ABLE TO CHANGE ANY SENATORS MINDS. >> I THINK IT'S POSSIBLE THAT YOU MAY SEE ONE OR 2. SENATORS ON THE REPUBLICAN SIDE AND SUPPORTED IMPEACHMENT. YOU KNOW, FROM WHERE WILL THEY BELIEVE THEY WERE ON THIS BOAT IS A MOTHER WAS CONSTITUTIONAL OR NOT. BUT IN TERMS OF WINNERS YOU KNOW, THE FACT ALL THE EVIDENCE WAS LAID OUT HIS THE SORT OF A VICTORY FOR TRUTH. AND THE POTENTIAL DONALD TRUMP. THE WALL WAS DOWN WHAT I THINK MOST PEOPLE THAT WAS CLEARLY INCITING SUPPORTERS OF SUPPORTERS BELIEVE WAS INCITING HIS SUPPORTERS TO GO A STORM. YOU KNOW THAT THAT'S A BIG LOSS. >> JOHN ALLEN, ALWAYS GREAT TO SEE YOU. I LISTEN. I HAVE THOUGHT FOR A LONG TIME NOW THAT OUR FAMILIES OR HOUSEHOLDS HAVE SOME THINGS IN COMMON. YOU REAFFIRMING THAT WITH THE BASKETBALL HOOP ALL WE'VE GOT ONE OF THOSE, TOO. SO JUST, YOU KNOW, BACKING UP. BUT WE'VE ALREADY KNOWN SO FAR. >> A >> THANKS, JOHN. TONIGHT SENATE MAJORITY LEADER CHUCK SCHUMER AND MINORITY LEADER MITCH MCCONNELL RECOGNIZE CAPITOL POLICE OFFICER EUGENE GOODMAN IS BRAVERY DURING THE CAPITAL RIGHTS.

TAKE A LOOK. >> THE MOMENT I WILL ASK THE SENATE TO PASS LEGISLATION THAT WOULD AWARD CAPITOL POLICE OFFICER EUGENE GOODMAN, CONGRESSIONAL GOLD MEDAL. IN THE WEEKS AFTER THE ATTACK ON JANUARY, THE 6TH THE WORLD LEARNED ABOUT THE INCREDIBLE INCREDIBLE BRAVERY OF OFFICER GOODMAN ON THAT FATEFUL DAY. HERE IN THIS TRIAL. WE SAW A NEW VIDEO, POWERFUL VIDEO. SHOWING CALMNESS UNDER PRESSURE. HIS COURAGE IN THE LINE OF DUTY. HIS FORESIGHT IN THE MIDST OF CHAOS AND HIS WILLINGNESS TO MAKE HIMSELF A TARGET OF THE MOB'S RAGE.

SO THAT OTHERS MIGHT REACH SAFETY. OFFICER GOODMAN IS IN THE CHAMBER TONIGHT. OFFICER GOODMAN, THANK YOU. I THINK WE CAN ALL AGREE EUGENE GOODMAN DESERVES THE HIGHEST HONOR. CONGRESS CAN BESTOW. BUT I JUST BEFORE WE MOVED TO PASS THIS LEGISLATION. I WANT TO BE CLEAR. THAT HE WAS NOT ALONE THAT DAY. THE NATION'S AND HAS NOW SEEN NUMEROUS EXAMPLES OF BIGGER ROLE CONDUCT OF THE CAPITOL POLICE, THE METROPOLITAN POLICE THE SWAT TEAMS THAT WERE WITH US ON JANUARY 6TH HERE IN THE CAPITAL PROTECTING US, OUR HEARTFELT GRATITUDE EXTENDS TO EACH AND EVERY ONE OF THEM, PARTICULARLY NOW. AS MEMBERS OF THE FORCE CONTINUE TO BEAR SCARS SCENE AND UNFORESEEN FROM THE EVENTS OF THAT DISGRACEFUL DAY. LET US GIVE THEM ALL THE HONOR AND RECOGNITION THEY SO JUSTLY DESERVES THE REPUBLICAN LEADER PLEASE JOIN THE MAJORITY. LEADER'S REQUEST. >> JANUARY 6 WAS A DAY OF FEAR. FOR THOSE TO WORK HERE IN THE CAPITAL. AND I'VE SAID FOR MANY MORE WATCHING. FROM AFAR. BUT AWFUL DAY ALSO INTRODUCE OUR NATION TO A GROUP OF HEROES. WE IN CONGRESS WERE ALREADY PROUD TO CALL OUR COLLEGE AND WE OWE A GREAT IN THE FACE OF LAWLESSNESS.

THE OFFICERS OF THE U.S. CAPITOL MOVED OUT. THE FULL THEIR ROLES. IF NOT FOR THE QUICK THINKING AND BRAVERY OF OFFICER GOODMAN. IN PARTICULAR, PEOPLE IN THIS CHAMBER MAY NOT HAVE ESCAPED THAT ON HEART. ALSO GOOD ACTIONS REFLECT A PERSONAL COMMITMENT TO DUTY AND BROUGHT EVEN GREATER DESTRUCTION UPON ALL HIS BRAVERY BROTHERS AND SISTERS IN UNIFORM. SO I'M PROUD THE SENATE IS TAKING THIS STEP FOR RECOGNIZING HIS HER WITH THE HIGHEST HONOR. WE CAN DO SO. >> ARTICLE OF IMPEACHMENT NOW BEFORE THE SENATE ISN'T ON JOBS AND UNCONSTITUTIONAL >> POLITICAL OVER TO THE CAPITOL BUILDING. MAKE YOUR VOICES SO YOU ARE SUPPOSED TO. SELVES AND THE HEADS OF THE PEOPLE HERE PEACEFULLY AND PATRIOTICALLY. MAKE YOUR VOICES HEARD. >> THAT NOT THAT THOSE WORDS DO NOT MEAN WHAT THE PRESIDENT SAID. >> YES, HE HAS ENCOURAGED. >> ACTUAL VIOLENCE, NOT JUST THE WORD ♪ >> HEY, EVERYONE, I'M ALLISON MORRIS. YOU'RE WATCHING SPECIAL COVERAGE OF THE SECOND IMPEACHMENT TRIAL OF DONALD TRUMP ON NBC NEWS. NOW THE DEFENSE RESTS, FORMER PRESIDENT TRUMP'S LAWYERS ARGUING THAT ALL POLITICAL SPEECH MUST BE PROTECTED AND THAT CONVICTING TRUMP WOULD BE A THREAT TO THE FIRST AMENDMENT.

BOTH SIDES HAVE ASKED THEIR QUESTIONS NEXT STOP, THE QUESTION OF WITNESSES. LET'S GET RIGHT TO NBC NEWS POLITICAL CORRESPONDENT ALLIE THE TALLY. SHE'S ON CAPITOL HILL. AND WE ALSO NBC NEWS WHITE HOUSE CORRESPONDENT CARRIE LEE IN WASHINGTON, CAROL, THE DEFENSE ARGUED THAT TRUMP WAS SIMPLY EXERCISING HIS FIRST AMENDMENT RIGHT. >> THE SAME WAY DEMOCRATS HAVE IN THE PAST THAT MICHAEL VAN DER VEEN ACCUSING THE DEMOCRATS OF HYPOCRISY FOCUSING ON TRUMP'S USE OF THE WORD FIGHT IN HIS SPEECHES HERE >> CERTAINLY THE WORD FIGHT IS OFF LIMITS. SPARE US POK RECEIVING FALSE INDIGNATION. IT'S A TERM USED OVER AND OVER AND AGAIN. BY POLITICIANS ON BOTH SIDES OF THE AISLE. AND OF COURSE, THE DEMOCRAT HOUSE MANAGERS KNOW THAT THE WORD FIGHT HAS BEEN USED FIGURE AT TIVOLI IN POLITICAL SPEECH FOR EVER. >> DO YOU EXPECT THE GOP SENATORS, CAROL, TO USE THAT AS AN OFF-RAMP TO ACQUIT AND OTHER OTHER ARGUMENTS.

THE TRUMP TEAM MADE TODAY THAT THE GOP MIGHT USE TO TO COVER THEMSELVES. SHOULD THEY NOT CONVICT. >> THE HYPOCRISY ARGUMENT THAT THEY'RE MAKING ARE TRYING TO MAKE IT A OBVIOUSLY PUSHED BACK ON ON WHAT THE PRESIDENT FORMER PRESIDENTS WHERE SAID THERE. BUT THE THE IDEA THAT THIS IS NOT A THAT THE PRESIDENT, FORMER PRESIDENT WAS IN TRYING TO INCITE VIOLENCE THAT HE WAS USING COMMON LANGUAGE THAT'S USED IN OUR POLITICAL DISCOURSE.

ON A REGULAR BASIS IS SOMETHING THAT WE'VE HEARD REPUBLICANS SAY DO IT AND WE SAW THEY PLAYED OF LIKE THE VIDEO MONTAGE OF DEMOCRATS USING THIS WORD FLIGHT AT THEIR CORE ARGUMENT IS THAT THE PRESIDENT SAID THIS. THE PRESIDENT, FORMER PRESIDENT TRUMP WAS NOT DIRECTING PEOPLE TO GO AND FIGHT AND BE VIOLENT AT THE CAPITOL THAT HE WAS USING IT FIGURATIVELY THAT HE WAS SAYING YOU NEED TO FIGHT LIKE HELD THAT'S QUOTE FROM FOR PRESIDENT TRUMP AND WHAT HE MEANT WAS FIGHT FOR YOUR RIGHT TO HAVE CASTED. YOU'RE BOUT VOTING, ILLEGAL FREE AND FAIR ELECTION. NOW THE OTHER ARGUMENT THAT REPUBLICANS ARE LATCHING ON TO THAT.

THE PRESENCE, FORMER PRESIDENT'S LEGAL TEAM IS MAKING IS THAT THIS IS JUST UNCONSTITUTIONAL THAT HE'S NO LONGER IN OFFICE. THIS ISN'T SOMETHING THAT CAN HE CAN BE THROWN OUT OF OFFICE FOR DOING THAT. HE'S NOT THERE. AND SO THEY'RE THEY HAVE NO BASIS. THE SENATE DOES TO CONVICT UP AROUND WHICH TO CONVICT THE PRESIDENT OF THOSE ARE CANDIDATES TO DEVELOPING OFF RAMPS THAT WE'RE SEEING DIFFERENT REPUBLICAN SENATORS TAKE. >> ELLIE TRUMP'S LAWYERS PLAYED VIDEOS OF HOUSE DEMOCRATS OBJECTING TO THE 2017 ELECTION RESULTS TO DEFEND TRUMP'S RHETORIC AND THE DEMS RESPOND TO THAT. YEAH, IT WAS REALLY A TACTIC THAT WAS MEANT TO BOTH SHOW THAT TRUMP WAS NOT NOVEL IN OBJECTING TO THE CERTIFICATION, THESE ELECTION RESULTS, BUT ALSO IN A WAY TO NORMALIZE THAT BOTH PARTIES HAD DONE IT, THAT IT WAS SOMETHING THAT WAS BIPARTISAN IN TERMS OF IT PLAYING OUT THAT WAY IN 2017 AND AGAIN, NOW IN 2020 OR RATHER 2021 DEMOCRATS, THOUGH.

AND I THINK YOU'RE GOING TO HEAR THIS WORD A LOT AS YOU WHEN YOU MEAN CAROL, START TALKING ABOUT THIS. THEY CALL THAT HYPOCRISY AND A POSSIBLE AND SEE. HERE'S HOW ONE DEMOCRATIC SENATOR PUT IT TODAY. >> AND YOU HEAR HIM SAY THERE. IT'S JUST NOT THE SAME THING. I FEEL LIKE THAT MAY AS WELL HAVE BEEN THE REFRAIN TODAY FROM DEMOCRATIC SENATORS AS THEY LISTEN TO REPEATED FALSE EQUIVALENCY IS FROM THE TRUMP LEGAL TEAM BOTH ON THIS ISSUE. SOME OF THE ISSUES THAT CAROL RAISED AND DEFINITELY WHEN IT CAME TO THAT VIDEO FOR YOU HEARD THE WORD FIGHT. MORE THAN 200 TIMES. >> CAROL, IN THE Q AND A SENATOR BILL CASSIDY ASKED BOTH SIDES WITH THE PRESIDENT. TRUMP WAS TOLERANT OF THE INTIMIDATION OF VICE PRESIDENT PENCE DURING THE CAPITOL RIOT. HAD THEY ANSWER HIM. >> THIS IS REALLY INTERESTING. ALLISON, THE PRESIDENT, FORMER PRESIDENTS MY HOPE HE HE'S BEEN SENDING. FACT, I'M VERY CONTENTIOUS. HE SAID HE TOOK ISSUE WITH THE PREMISE OF THE QUESTION.

HE BLAMED DEMOCRATS SAYING, WELL, YOU KNOW, THEY DIDN'T HAVE A FAIR A FAIR HEARING IN THE HOUSE BEFORE THEY IMPEACH THE PRESIDENT. SO WE DON'T KNOW. AND HE JUST GENERALLY PUSH BACK ON THEM. THIS WHOLE NOTION. TAKE A LISTEN. ALREADY SET. >> I DISPUTE THE PREMISE YOUR FACTS. I DISPUTE THE FACTS THAT ARE LAID OUT IN THAT QUESTION UNFORTUNATELY. WE'RE NOT TO KNOW THE ANSWER TO THE FACTS IN THIS PROCEEDING BECAUSE THE HOUSE DID NOTHING. >> TO INVESTIGATE WHAT WENT ON. >> SO THERE YOU HEAR THE PRESIDENT, FORMER PRESIDENT TRUMP'S LAWYER AGAIN SLIPPING THIS ON DEMOCRATS AND DEMOCRATS PUSHED BACK AND SAID, LOOK, WE TRIED TO GET PRESIDENT TRUMP TO COME HERE HIMSELF AND TESTIFY. HE DECLINED TO DO THAT. WE'D LOVE TO HEAR FROM HIM. BUT GENERALLY THIS IS A QUESTION THAT THE IDEA OF WHAT FOR FORMER PRESIDENT TRUMP KNEW ABOUT FORMER PRESIDENT OR FORMER VICE PRESIDENT PENCE IS A QUESTION THAT THERE'S A FEELING COMING OUT OF THIS THAT THAT THE FORMER PRESIDENT'S LEGAL TEAM JUST DIDN'T HAVE A GOOD ANSWER FOR.

AND SO YOU CAN SEE DEMOCRATS PUSHING BACK IN AND WILL BE INTERESTING TO SEE WHETHER OR NOT THE FORMER PRESIDENT'S LEGAL TEAM COMES BACK AND TRIES TO CLEAN THAT UP A LITTLE BIT TOMORROW. >> ALLIE THE TRUMP DEFENSE TEAM PLAYED SOME LONG VIDEO MONTAGE IS OF WE'VE AS WE'VE BEEN SAYING, THE DEMOCRATS USING THE WORD FIGHT. HOW DID THIS SENATORS IN THE CHAMBER REACT AT THE TIME. >> YEAH. THAT WAS A VIDEO THAT WAS JUST OVER 11 MINUTES LONG AS I MENTIONED, YOU HEARD THE WORD FIGHT OVER 200 TIMES IN ROOM.

THERE WERE SENATORS SHAKING THEIR HEADS. THERE WERE SENATORS DRYLY LAST ONE SENATOR EVEN SAID OUT LOUD OH, MY GOD. SORT OF JUST REACTING TO THE LUDICROUS NATURE OF PLAYING SUCH A VIDEO AND I WOULD KNOW IT WAS A VIDEO THAT WAS PLAYED IN CHUNKS AFTER THE INITIAL PLAYING OUT OF IT MULTIPLE TIMES. ONE OF THE SENATORS WHO'S ACTUALLY FEATURED IN THAT VIDEO AT LANE WITH SENATOR ELIZABETH WARREN.

SHE RESPONDED AFTER BY TWEETING A VIDEO THAT SHOWED WHAT HER RALLIES LOOKED LIKE. I CAN TELL YOU THIS IS A SOMEWHAT ACCURATE DEPICTION BECAUSE MOST RALLIES DID END WITH PINKY PROMISES AND HUGS FOR YOUNG GIRLS AS THEY TOOK SELFIES. THERE WERE ALSO A LOT OF TALKS ABOUT MEETING TO FIGHT. BUT SHE DEFINITELY MEANT THAT IN A POLICY SENSE. I NEVER MET ANYONE WE THOUGHT THAT ELIZABETH WARREN WAS TRYING TO INCITE INSURRECTION WHEN SHE SAID THAT SHE WAS IN THE FIGHT FOR ANY NUMBER OF POLICY ISSUES. BUT AGAIN, THIS WAS JUST ANOTHER EXAMPLE, AS MUCH AS THE VIDEO WAS LUDICROUS IN NATURE TO A LOT OF DEMOCRATS THIS WAS A KEY PART OF THE ARGUMENT FOR DONALD TRUMP'S LEGAL TEAM HERE, WHICH WAS THAT THE RHETORIC THAT HE USED WAS VERY MUCH IN THE USUAL POLITICAL DISCOURSE.

THE 2ND HALF OF THAT, THOUGH, THAT THEY'RE NOT CARRYING IT THROUGH, BUT CERTAINLY DEMOCRATIC HOUSE IMPEACHMENT MANAGERS DID. WAS THAT THE RHETORIC THAT DONALD TRUMP IS OVER THE COURSE OF MANY WEEKS AND MONTHS INSIDE INSURRECTION HERE ON JANUARY 6. >> ELLIE. IT SEEMS LIKE A MILLION YEARS AGO WHEN YOU AND COLLEAGUES OF OURS. WE'RE TRYING TO PULL A SENATOR WARREN AWAY ON THE CAMPAIGN TRAIL FROM HER SELFIES TO ASK HER A QUESTION OR 2. WELL, I KNOW IT HASN'T BEEN ALL THAT LONG. BUT FEELS LIKE A CAROL, THANK YOU BOTH.

2 HOURS AND 32 MINUTES. THAT'S HOW LONG THE TRUMP TEAM TOOK TO PRESENT THEIR ARGUMENTS. SO HOW DID HIS LAWYERS DO. LET'S BRING IN THE LEGAL EXPERTS. NBC NEWS LEGAL ANALYST AND FORMER FEDERAL PROSECUTOR GLENN KIRSCHNER AND NBC NEWS LEGAL CONTRIBUTOR AND CRIMINAL DEFENSE ATTORNEY DANNY CEVALLOS. >> GLENN, THE DEFENSE WAS ASKED WHEN DONALD TRUMP LEARNED ABOUT THE CAPITOL RIOT MICHAEL VAN DER VEEN SAID HE COULDN'T ANSWER BECAUSE HOUSE MANAGERS DIDN'T INVESTIGATE. BUT THE DEFENSE ALSO SAID TRUMP WAS UNAWARE THE VICE PRESIDENT WAS IN DANGER. THAT SAME DAY. YOUR THOUGHTS ON THAT BACK AND FORTH. DOES THAT RAISE RED FLAGS TO YOU. >> YOU KNOW, A COUPLE OF THINGS, ALLISON. FIRST OF ALL, A VAN DER VEEN WOULDN'T ANSWER ANY QUESTION IF THE TRUTHFUL ANSWER WOULD HAVE INCRIMINATED HIS CLIENT.

SO HE WAS NOT ALL THAT PERSUASIVE. EVERY TIME HE TRIED TO DEFLECT. AND HERE'S THE OTHER THING. WHAT I FOUND MOST REMARKABLE TOWARD THE END OF THE HEARING TODAY. WHEN I THINK WE WERE ALL GETTING A LITTLE BIT TIRED. HE WAS ASKED, I BELIEVE BY SENATOR SANDERS THAT HE SAYS, YOU KNOW, SENATOR SANDERS SET UP THE QUESTION SAYING, DONALD TRUMP SAID HE IN A LANDSLIDE AND THAT IS NOT TRUE. YOU WOULD AGREE WITH ME. MISTER A VAN DER VEEN THAT DONALD TRUMP LOST THE ELECTION AND VAN DER VEEN WOULDN'T ANSWER THAT QUESTION. HE WASN'T EVEN WILLING TO CONCEDE THAT DONALD TRUMP ANSWERED THE QUESTION AND I'M GOING TO TELL YOU, I WATCHED VAN DER VEEN ALL DAY.

AND AT THAT POINT TO THE EXTENT HE HAD LINGERING CREDIBILITY LEFT. I THINK IN FACT ARE RATED. >> DANNY VAN DEZEEN ACCUSE DEMOCRATS OF USING THE SAME LANGUAGE IS FORMER PRESIDENT TRUMP LISTEN TO THIS. >> CONSIDER THE LANGUAGE THAT THE HOUSE IMPEACHMENT ARTICLE ALLEGES TO CONSTITUTE INCITEMENT. IF YOU DON'T FIGHT LIKE YOU'RE NOT GOING TO HAVE A COUNTRY ANYMORE. THIS IS ORDINARY POLITICAL RHETORIC THAT IS VIRTUALLY INDISTINGUISHABLE FROM THE LANGUAGE THAT HAS BEEN USED BY PEOPLE ACROSS THE POLITICAL SPECTRUM. HUNDREDS OF YEARS. >> DANNY, THE DEFENSE ALSO PRESENTED HIGHLY EDITED MONTAGE IS OF THE DEMOCRATS SAYING THE WORD FIGHT WE'VE BEEN TALKING ABOUT THAT A LOT TONIGHT TO TRY TO PROVE THIS POINT. YOU PREDICTED THEY WOULD USE THIS TACTIC.

SO MY QUESTION NOW, WHAT DID IT DO FOR THEIR ARGUMENT. >> FIRST OF ALL, ACTUALLY KNOW MIKE VAN DER VEEN OR KNOWN IN THE COUNTIES SURROUNDING AD YOU GOT COMBATIVE WITH PEOPLE LIKE BERNIE SANDERS. NO SURPRISE WHATSOEVER. BUT THIS IS IN THE COURT OF COMMON PLEAS THIS IS CONGRESS THE SENATE. THIS IS A DIFFERENT THEATER. AND I DID PREDICT THAT THEY WOULD FOCUS ON THE WORD BECAUSE THEY WANT TO CREATE THE SPECTER OF A FIRST AMENDMENT DEFENSE FOR PRESIDENT TRUMP.

WE ARE THE AS CONGRESSMAN RASKIN POINTED OUT, THE FIRST AMENDMENT MAY PROTECT YOU FROM PROSECUTION ARE BEING SUED FOR YOUR SPEECH. BUT THAT SAME SPEECH THAT MAY BE LOCAL MAY BE IMPEACHABLE AND THAT IS EXACTLY THE DEFENSE PACT THAT I PREDICTED EXACTLY THE WAY THEY HAVE TO GO FOCUSED ON THE WORD FIGHT AND SHOW SOME SNIFF AND SOME OTHER DEMOCRATS CHANGE SHOW ESPN CLIP OF SOMEONE SAYING THE WORD BEFORE AN ACTUAL PLAY A BOXING MATCH OR SOMETHING. AND YOU SAY THAT WAS THE USE OF FIGHT AND THAT'S POLITICALLY PROTECTED SPEECH. HE'S HE'S RIGHT THAT IT WAS POLITICALLY PROTECTED SPEECH TO SAY THE WORD FIGHT IN A PARTICULAR CONTEXT. BUT IT'S NOT JUST ABOUT THE WORD CONTEXT IS KING IN ANY FIRST AMENDMENT ANNOUNCES. AND OF COURSE, THE FOOTNOTE TO THAT IS THE FIRST AMENDMENT DOESN'T PROTECT TRUMP FROM IMPEACHMENT. >> DANNY, I SHOULD'VE MADE THAT SILLY CONNECTION THERE. I SLIPPED ON THAT ONE. THANK YOU FOR REMINDING GLENN TRUMP DEFENSE LAWYER BRUCE CASTOR STARTED HIS ARGUMENT SAYING THERE WAS NO INSURRECTION.

THE CAPITAL. HERE HE IS. >> CLEARLY THERE WAS NO INSURRECTION INSURRECTION IS A TERM OF DEFINED IN THE LAW. IT INVOLVES TAKING OVER A COUNTRY. A SHADOW GOVERNMENT TAKING THE TV STATIONS OVER AND HAVING SOME PLAN. WHAT YOU'RE GOING TO DO WHEN YOU FINALLY TAKE POWER. CLEARLY THIS IS NOT THAT. >> GLENN FEDERAL PROSECUTORS HAVE CONSIDERED POSSIBLE INSURRECTION CHARGES AGAINST SOME WRITERS. SO IS CASTERS LEGAL DEFINITION THERE. >> ACCURATE AND APPLICABLE. >> YOU KNOW, INSURRECTION IS BASICALLY THE LAWLESS OFTEN VIOLENT OVERTHROW OF THE GOVERNMENT AND WHAT DID THIS ANGRY MOB DO.

THEY TRIED TO STOP THE INCOMING GOVERNMENT, THE DULY ELECTED, YOU KNOW, INCOMING PRESIDENT JOE FROM HAVING HIS ELECTION WIN CERTIFIED SO YOU KNOW WHAT THE DEFENSE DID. TRIED TO SORT OF ASK EVERYBODY TO LOOK AT THINGS IN ISOLATION. BUT, YOU KNOW, THERE ARE THERE ARE ACCIDENT THAT YOU CAN LOOK AT THAT PROVE DOLD TRUMP GUILTY BEYOND A REASONABLE DOUBT. I MEAN, IF YOU START WITH THE FACT THAT DONALD TRUMP EVEN BEFORE THE ELECTION WAS HELD SAID IF I LOSE, IF I LOSE THE ELECTION, WILL BE A STRONG. IT WILL HAVE BEEN RIGGED. IT WILL HAVE BEEN STOLEN FROM ME. THAT'S WHY WE SAID THIS SENTENCE UP EVEN BEFORE THE ELECTION. THEN HE APPROACHED THE GEORGIA ELECTION OFFICIALS AND SAID I NEED YOU TO FRAUDULENT ME. GIVE ME ONE MORE VOTE. THEN I NEEDED TO WIN. HE WANTED THE GEORGIA ELECTION OFFICIALS TO DECLARED HIM THE WINNER AFTER THAT WHEN IT DIDN'T WORK, HE ASKED MIKE PENCE NOT TO JOE BIDEN THE WINNER.

AND WHEN THAT DIDN'T WORK, HE LAUNCHED HIS ANGRY MOB TO DO WHAT TO TAKE THE CAPITAL, STOP. THE STEAL. ALL OF THAT ALLISON IS AN INSURRECTION. >> DANNY VAN DER VEEN WARNS THIS TRIAL COULD ENCOURAGE POLITICAL PARTIES TO WEAPONIZE THE IMPEACHMENT PROCESS. HERE'S WHAT HE SAID. >> DO YOU WANT TO CREATE A PRECEDENT.

WHERE THE SENATE WILL BE TASKED WITH SITTING IN JUDGMENT AS TO THE MEANING AN IMPLIED INTENT OF PRESIDENT'S WORDS. OR WORDS OF ANY ELECTED OFFICIAL. WELL, THAT ALLOW AND MAYBE ENCOURAGE A MAJORITY PARTY TO WEAPONIZE THE AWESOME POWER OF IMPEACHMENT AGAINST THE MINORITY TO SUPPRESS A POINT OF VIEW. WILL THE SENATE THEN HAVE TO DEAL WITH CONSTANT ARTICLES OF IMPEACHMENT BY A MAJORITY PARTY ACCUSING MINORITY PRESIDENTS OR OTHER ELECTED OFFICIALS OF SO-CALLED INSIGHT FULLER FALL SPEECHES. YOU CAN SEE WHERE THIS WOULD LEAD. >> DANNY, IS THIS ALREADY POLITICAL PROCESS AT RISK OF BE COMING EVEN MORE POLITICIZED OR IS THIS TRIAL PLAYING OUT LIKE IT SHOULD. >> CAREFUL ME. IT'S TOTALLY FINE TO IMPEACH SOMEONE BASED ON THEIR WORDS AFTER ALL, ANDREW JOHNSON WAS IMPEACHED FOR IMPART HEAPING SCORN AND ON PRESIDENT TRUMP JUST HIS FIRST IMPEACHMENT BUT ESSENTIALLY BEACH FOR HIS WORDS ON A CALL ON A MEETING BILL CLINTON WAS IMPEACHED FOR HIS WORDS AND SOME OTHER STUFF.

BUT THAT'S NOT IMPORTANT RIGHT NOW. THING IS, IS THAT WORDS ARE TOTALLY FAIR GAME FOR IMPEACHMENT AND THE PRESIDENT'S WORDS OR EVEN SUBJECT TO SCRUTINY BECAUSE WHEN HE SAYS THINGS IF HE SAID THINGS LIKE I WANT TO BUY GREENLAND OR IF HE HAPPENED TO SAY SOMETHING LIKE I WANT TO SOUTH FLORIDA TO RUSSIA. THAT MIGHT BE POLITICALLY PROTECTED SPEECH. BUT IT'S SOMETHING THAT CONGRESS WOULD BE ALARMED BY AND THEY WOULD PROBABLY HAVE GROUNDS TO IMPEACH HIM. SO THE CLEAR THAT THE MESSAGE ISN'T. JAMIE RASKIN KEEPS POUNDING THIS HOME. BUT JUST BECAUSE IT'S PROTECTED SPEECH OR YOU CAN BE PROSECUTED FOR IT DOESN'T MEAN YOU CAN'T BE IMPEACHED. AND AGAIN, NO SURPRISE TO SEE THE DEFENSE CAN WHAT ABOUT IS AND THE OTHER PEOPLE HAVE SAID. WORDS LIKE LIGHT AND SAY FIGHT IS POLITICALLY PROTECTED. CHERISH SPEECH. HE'S RIGHT. BUT HE'S ALSO NOT RIGHT.

>> ALL RIGHT. DANNY, INTRODUCING US TO THE V TONIGHT. MY THANKS TO THE GI THE DEA FOR BEING WITH US. WE'LL CATCH UP WITH YOU GOT A LITTLE LATER THIS HOUR. TRUMP DEFENSE ATTORNEY BRUCE CASTOR SAYS THE FORMER PRESIDENT IS NOT RESPONSIBLE FOR THE DEADLY RIGHT ON THE CAPITOL BECAUSE THE VIOLENCE WAS PREPLANNED. HERE'S THE TIMELINE. HE LAID OUT. >> PRESIDENT TRUMP'S WORDS OR COULDN'T HAVE BEEN CITED THE RIGHT AT THE CAPITOL, THE DAY'S EVENTS MAKE THIS CLEAR. LET'S WALK THROUGH THE ACTUAL TIMELINE. AT 11:15AM, POLICE SECURITY CAMERA VIDEO SHOW CROWDS FORMING AT FIRST STREET NEAR THE CAPITOL. REFLECTING POOL. THIS IS A FULL 45 MINUTES BEFORE PRESIDENT TRUMP EVEN TOOK THE STAGE ON JANUARY 6TH. LET ME REPEAT THAT VIOLENT CRIMINALS WERE ASSEMBLING AT THE CAPITOL OVER A MILE AWAY ALMOST AN HOUR BEFORE THE PRESIDENT UTTERED A SINGLE WORD ON THE ELLIPSE. YOU DID NOT HEAR THAT FACT DURING THE HOURS AND HOURS OF THE HOUSE MANAGERS PRESENTATION.

DID YOU. WHEN THE PRESIDENT SPOKE. WHAT DID HE CALL FOR. HE CALLED FOR A RALLY ATTENDEES TO PEACEFULLY AND PATRIOTICALLY MAKE THEIR VOICES HEARD FOR THEM TO WALK DOWN PENNSYLVANIA AVENUE TO CHEER ON MEMBERS OF CONGRESS. PRESIDENT TRUMP WENT ON FOR MORE THAN AN HOUR ENDING AT ONE 11. NOW. WHY IS THIS IMPORTANT? BECAUSE OF ALL OF THE EVENTS THAT I'M ABOUT TO DESCRIBE. THEY ALL OCCURRED BEFORE. BEFORE PRESIDENT TRUMP'S REMARKS CONCLUDED. AT 12:49PM. THE FIRST BARRIERS AT THE U.S. CAPITOL GROUNDS WERE PUSHED OVER AND THE CROWD ENTERED THE RESTRICTED AREA. AT 11. OH, 05:00PM. ACTING DEFENSE SECRETARY CHRISTOPHER MILLER RECEIVED OPEN SOURCE REPORTS OF DEMONSTRATOR MOVEMENTS AT TO THE U.S.

CAPITOL. AT ONE. OH, 09:00PM US CAPITOL POLICE CHIEFS STEPHENSON CALLED THE HOUSE AND SENATE SERGEANT AT ARMS TELLING THEM HE WANTED AN EMERGENCY DECLARED. ANY ONE OF THE NATIONAL GUARD CALL. GIVEN THE TIMELINE OF EVENTS. THE CRIMINALS AT THE CAPITOL. AT THE ELLIPSE TO EVEN HEAR THE PRESIDENT'S WORDS. THEY WERE MORE THAN A MILE AWAY ENGAGED IN THEIR PREPLANNED ASSAULT ON THIS VERY BUILDING. >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN VARIES PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THEIR STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY.

THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA. THIS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> MAXINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS. JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS IT'S NEWS MADE FOR STREAMING WAR. ♪ ♪ ♪ NEWS IN OUR CHANGING WORLD. >> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT.

PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE VACCINES, THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY. >> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> HIS IMPEACHMENT, A VIOLATION OF DONALD TRUMP'S FREE SPEECH. THAT'S WHAT HIS DEFENSE TEAM ARGUED TODAY. TAKE A LISTEN. >> THIS SHAM IMPEACHMENT ALSO POSES A SERIOUS THREAT TO FREEDOM OF SPEECH FOR POLITICAL LEADERS OF BOTH PARTIES AT EVERY LEVEL OF GOVERNMENT. THE SENATE SHOULD BE EXTREMELY CAREFUL ABOUT THE PRESIDENT. THE PRECEDENT. THIS CASE WILL SET ALL OF THESE FACTS MAKE CLEAR. THE JANUARY 6 SPEECH DID NOT CAUSE THE RIOTS.

THE PRESIDENT DID NOT CAUSE THE RIOTS IN EITHER EXPLICITLY OR IMPLICITLY ENCOURAGED. THE USE OF VIOLENCE ARE ALL IS ACTION. BUT IN FACT CALLED FOR PEACEFUL EXERCISE OF EVERY AMERICAN'S FIRST AMENDMENT RIGHTS TO PEACEFULLY ASSEMBLE AND PETITION. THEIR GOVERNMENT FOR REDRESS OF GRIEVANCES. THE SENATE CANNOT IGNORE THE FIRST AMENDMENT. THE CONSTITUTION ITSELF LIMITS, THE BILL. THE ABILITY OF THE HOUSE TO IMPEACH TO UNLIMITED ITEMS SUCH AS HIGH CRIMES AND MISDEMEANORS. THE POSITION ADVANCED BY THE HOUSE MANAGERS IS ESSENTIALLY AND ON LIMITED IMPEACHMENT STANDARD WITHOUT CONSTITUTIONAL GUARDRAILS ORD TO ANY SPECIFIC LEGAL TEST OTHER THAN THE UNBRIDLED DISCRETION OF CONGRESS.

IGNORING THE FIRST AMENDMENT WOULD CONFLICT WITH THE SENATOR'S OATH OF OFFICE. THEY'RE ALSO CONFLICT WITH WELL, SETTLED SUPREME COURT PRECEDENT AND IGNORE THE INTENT OF THE FRAMERS OF THE CONSTITUTION. BUT LET'S BE CLEAR. THIS TRIAL IS ABOUT FAR MORE THEN PRESIDENT TRUMP. IT IS ABOUT SILENCING AND BANNING THE SPEECH. THE MAJORITY DOES NOT AGREE WITH. IT IS ABOUT CANCELING 75 MILLION TRUMP VOTERS. AND CRIMINALIZING. POLITICAL VIEWPOINTS. THAT IS WHAT THIS TRIAL IS REALLY ABOUT. IT'S THE ONLY NEXT US TEXAS 10 SHULL ISSUE BEFORE US. MISTER TRUMP WAS ELECTED BY THE PEOPLE. HE IS AN ELECTED OFFICIAL. THE SUPREME COURT SAYS ELECTED OFICIALS MUST HAVE THE RIGHT TO FREELY ENGAGE IN PUBLIC SPEECH. IT ASKS FOR CONSTITUTIONAL. CANCEL CULTURE TO TAKE OVER IN THE UNITED STATES SENATE. ARE WE GOING TO ALLOW CANCELING AND BANNING AND SILENCING TO BE SANCTIONED IN THIS BODY. TO THE DEMOCRATS TO VIEW THIS AS A MOMENT OF OPPORTUNITY. I URGE YOU INSTEAD. TO LOOK TO THE PRINCIPLES OF FREE EXPRESSION. AND FREE SPEECH.

>> TAKING QUESTIONS FROM THE SENATE. THEY RESTED THEIR CASES. NOW THE DEFENSE AND PROSECUTION OF PREPARING THEIR ARGUMENTS OVER WHETHER TO CALL WITNESSES. SO HU MADE THE MORE EFFECTIVE CASE THIS WEEK. LET'S BRING IN REPUBLICAN STRATEGIST JOSEPH OPINION AND DEMOCRATIC STRATEGIST AND TO ME IS JOSEPH DAVID CHO NEWS. TRUMP'S COMMENTS ABOUT CHARLOTTESVILLE FROM 2017 IN HIS DEFENSE. TAKE A LISTEN. >> THE CHARLOTTESVILLE LIE. VERY FINE PEOPLE ON BOTH SIDES EXCEPT THAT ISN'T ALL HE SAID AND THEY KNEW IT. THEN AND THEY KNOW IT. NOW. WATCH THIS. >> BUT YOU ALSO HAD PEOPLE THAT WERE. VERY FINE PEOPLE ON BOTH SIDES. YOU HAVE PEOPLE IN THAT GROUP EXCUSE ME. EXCUSE ME. I SAW THE SAME PICTURES AS YOU DID. >> YOU HAD PEOPLE IN THAT GROUP THAT WERE THERE TO PROTEST THE TAKING DOWN OF TO THEM.

A VERY, VERY IMPORTANT STATUE. >> AND THE RENAMING OF A PARK FROM ROBERT E LEE TO ANOTHER. >> JUST A FEW REACTION TO THE TRUMP TEAM USING THAT AS PART OF THEIR ARGUMENTS. >> LOOK, I DON'T KNOW WHY THEY WOULDN'T GO DOWN THAT PATH. I DON'T THINK YOU WANT TO TALK ABOUT CHARLOTTESVILLE. I DON'T THINK EVEN WANT TO TALK ABOUT THE OUTCOME OF THE ELECTION. I THINK IN MANY TIMES PRESIDENT TRUMP IS LIKE THE CLIENT ON TRIAL FOR MURDER. HU WON'T LET HIS ATTORNEYS TELL THAT HE WAS IN BED WITH HIS MISTRESS AT THE RISK OF ETSY OFFENDING THE JURY. I THINK AT THE END OF THE DAY, WE HAVE TO FOCUS ON WHAT DEMOCRATS ARE NOT TELLING THE AMERICAN THIS NOTION THAT THEY HAVE BASICALLY THROWING EVERYTHING AT THE WALL AND TRYING TO SEE WHAT STICKS THEY SENT OVER ONE ARTICLE OF THAT AGAIN IS A VERY BROAD AND EXTREME READING OF WHAT SE OCCURRED TO ME.

THE STRONGEST CASE DEMOCRATS COULD HAVE MADE. IS THAT A PRESIDENT THAT IS INFAMOUS FOR HIS FOX TWITTER FEEDBACK 70 CAN BE FOUND IN THE MIDST OF A RIOT, A PRESIDENT THEY CALLED NFL PLAYERS SO BEES SUDDENLY HAD LITTLE TO SAY ABOUT PEOPLE USING THE AMERICAN FLAG TO BREAK GLASS AT THE HALLS OF THAT'S ARGUMENT I WOULD HAVE IF I WAS TRYING TO ASK THE STATE OF THE PRESIDENT WAS DERELICT IN HIS DUTY. BUT THAT'S NOT ENOUGH FOR DEMOCRATS. DEMOCRATS INSTEAD AGAIN WANT TO MAKE PRESIDENT TRUMP THE KINGPIN. THEY WANT TO SAY HE'S OUT TO THE PLAN FOR THE HEIST. THEN PUT THE ARMOR IN THE IN THE BROOM CLOSET AND NOW WANTS TO HAVE THE BLUEPRINT FOR THE RIDERS AND THAT IS A STORY THAT MOST AMERICANS WILL NOT BELIEVE. >> BUT SOME STAFF.

LET ME ASK YOU THE SAME QUESTION. WHAT DID YOU THINK WHEN YOU HEARD SHOWING BRINGING UP CHARLOTTESVILLE. >> YOU KNOW, I DON'T KNOW WHAT TO MAKE OF THESE YOU KNOW, I DIDN'T DO THE PALI GUARD WITH THE WORSE LAWYERS THAT WE'VE MODERN HISTORY DEFEND THE PRESIDENT ON ANY ISSUE. BUT THE ISSUE REALLY TO ME IT'S NOT ABOUT PRESIDENT TRUMP. WHAT THE REPUBLICAN PARTY BECOME. EXTREMELY NATIONAL SECURITY OFFICIALS AND OFF TO THE REST OF US. THIS LOOKS LIKE A FIELD. YOU KNOW, BUT TO THE EXTREMISTS, THIS MIGHT BE A PRACTICE RUN. I LOOK AT THIS AS AS SUCCESS. AND WE'VE SEEN THEM STORM. STATE HOUSE AND STATE LEGISLATURE WE'VE SEEN THEM PLAN TO. THE GOVERNOR MICHIGAN. YOU KNOW WHERE DOES THIS END. IF THE REPUBLICANS DON'T CREATE A PRICE FOR PRESIDENT WHEN HE POINTS THE FINGER SOMEWHERE ELSE. THINKS TIME OR SOMEONE POINT A FINGER.

SOME SOMEWHERE WILL THIS GO AND REPUBLICAN PARTY REALLY NEEDS TO GRAPPLE WITH THAT. AND WE AS A NATION HAVE TO GRAPPLE WITH THIS EXTREMISM IS NOT ALLIES IN VERY LARGE POPULATION AND IT'S FRIGHTENING. >> ON THAT NOTE WAS DUFFY. YOU TWEETED TODAY THAT FORMER PRESIDENT TRUMP'S LAWYERS ARE CREATING COVER FOR EXTREMISTS IN OUR COUNTRY SAYING THIS IS NOT JUST SAD BUT DANGEROUS. HEADED. THEY SPECIFICALLY DO THAT. IN YOUR OPINION. >> WELL, LOOK, I MEAN, BASICALLY RATIONALIZING THE ACTION PRESIDENT WE'RE TALKING JUST A LITTLE BIT THAT, YOU KNOW, THE LORD'S FACE COMMUNIQUE SAID PEOPLE HAVE ALREADY ASSEMBLED AT THE THEY'RE ALREADY THERE BEFORE THE PRESIDENT TRUMP HAS SPOKEN. WELL, BELIEVE A PART PRESIDENT TRUMP'S THE ONE THAT INVITED THAT THERE REALLY BEEN A PART OF THE PRESIDENT TRUMP FOR THE PRIOR 6 MONTHS HAVE BEEN BASICALLY SAYING IF HE LIKE IF YOU LOSE THIS ELECTION SOMEHOW THE ELECTIONS RATE AND THAT HIGH FROM IN TAISHAN OVER TIME THAT TYPE YOU NONSTOP BARRAGE OF FALSE CREATES AN ENVIRONMENT IN WHICH PEOPLE SOMETIMES WANT TO BELIEVE IN SOMETHING LARGER THAN THEMSELVES.

LIKE THIS CONSIDERED CONSPIRACIES ON Q A LIKE LIKE PRIME WAY SOMETHING JUST WHITE NATIONALIST AND WHITE-SUPREMACIST. IT GIVES COVER TO BE ABLE TO GO OUT AND, YOU KNOW, TAKE VIOLENT ACTION. AND THIS IS DANGEROUS. THIS IS A DANGER TO DOMESTIC SECURITY AND REPUBLICAN SENATORS NEED TO UNDERSTAND THIS TAKE RESPONSIBILITY BECAUSE BECAUSE THEY REALLY DO KNOW BETTER. >> JUST AS I THINK ONE AREA OF COMMON GROUND HERE, PERHAPS ARE REPUBLICANS, DEMOCRATS AND EVEN PRESIDENT TRUMP, THEY WERE NOT IMPRESSED WITH BRUCE CASTOR ON HIS OPENING HOW DO YOU THINK HE DID WITH HIS ARGUMENTS TODAY. >> I MEAN, LOOK, I THINK REPUBLICANS IN A MUCH BETTER JOB TODAY. AND EARLIER BEFORE WE CAME ON, THINK YOU HAVE PEOPLE LIKE CHUCK TODD SAYING THAT THEY WERE MAKING AN ARGUMENT FOR CABLE AS IF THE HOUSE IMPEACHMENT MANAGERS ARE MAKING THEIR ARGUMENT FOR THE PEOPLE WATCHING MSNBC AND CNN IN THE PRIME-TIME DEMO. YES, THIS IS ABOUT THIS IS ABOUT THE DEPLORABLE DISPLAY THAT WE WITNESSED AT OUR CAPITAL BASE THE AMERICANS HOUSE INTO A CRIME BUT IT IS ALSO ABOUT CAPTURING HEARTS AND MINDS.

AND THE REASON WHY REPUBLICANS ARE ABLE TO IGNORE LARGE SWARTZ WATTS OF THE ARGUMENT BEING PRESENTED BY DEMOCRATS BECAUSE DEMOCRATS INVITED THEM TO DO DEMOCRATS WERE THE ONES THAT SENT OVER THIS FLIMSY ARTICLE OF IMPEACHMENT THAT TALKED ABOUT SOMETHING OF TREMENDOUS IMPORTANCE BUT DID NOT DELINEATE THE WAYS IN WHICH THEY THOUGHT THAT PRESIDENT NEEDED TO BE IMPEACHED AND NOW PUT THIS ROBUST APPROXIMATION OF WHAT THEY BELIEVE HAPPENED, HOW THEY VIEW THE WORLD. BUT THE ONLY PEOPLE THAT WILL BELIEVE THAT PRESENTATION ARE PEOPLE THAT FALL. PRESIDENT TRUMP SHOULD HAVE BEEN IMPEACHED BEFORE HE EVER TOOK THE OATH OF OFFICE. SO I THINK TO MY COLLEAGUES POINT, YES, WE HAVE TO BE ABLE TO LAY DOWN A MARKER AND SAY WHAT SHOULD NEVER HAPPEN AGAIN. BUT IN MY FAMILY, WE SAY THEY LOVE DEMANDS IN FORGIVENESS REQUIRES ACKNOWLEDGING. AND I THINK THAT ALL SOME BASIC LEVEL DEMOCRATS TO THIS DAY HAVE NOT ACKNOWLEDGES THE FACT THAT THEY PROFESSED LAUNCHED A LOVE FOR LAW ENFORCEMENT TODAY.

BUT THAT SUPPORT HAS NOT MANY. DID THEY PROFESS TO BE BY VIOLENCE. BUT THAT UP ALL THAT UP. ALL OF THIS HAS NOT BEEN THERE. SO WE JUST ALL HAVE TO BE ABLE TO HOLD OFF TO THE SAME STANDARD SAY IT'S NOT ABOUT WHAT ABOUT IT'S ABOUT WHAT ARE WE GOING TO DO AS A NATION MOVING FORWARD TO ENSURE THAT THIS TYPE OF CONDUCT DOES NOT HAPPEN AGAIN. >> ALL RIGHT. WE HAVE TO LEAVE IT THERE. JOSEPH WAS THANK YOU ALL SO VERY MUCH. ♪ ♪ ♪ >> THE IMPEACHMENT TRIAL COVID REALLY. WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT.

WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. NORWAY VACCINATING RIGHT NOW TO KEEP HEAD OF THESE NEW STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY. THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT, PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS. TODAY WE GET GROWING. ISN'T THAT. >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY. BACK. >> NEWS IN OUR CHANGING WORLD. HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE. THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE BACK SEAT THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US, THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> FOR PRESIDENT TRUMP FALSELY CLAIMED 4 MONTHS OF THE ELECTION WAS STOLEN FROM HIM. TRUMP'S LEGAL TEAM SAYS CLAIMING ELECTION FRAUD ISN'T THE SAME AS INCITING A RIOT HOUSE MANAGERS TOOK ISSUE WITH THAT ARGUMENT. THE Q AND A SESSION. TAKE A LOOK. >> FAUST MANAGERS TOLD YOU THAT THE PRESIDENT DEMANDED THAT THE GEORGIA SECRETARY OF STATE, A QUOTE, JUST OVER 11,000 VOTES. THE WORD FIND LIKE SO MANY OTHERS 1000 MANAGERS HIGHLIGHTED. HE'S TAKEN COMPLETELY OUT OF CONTEXT. AND THE WORD DID NOT COME OUT OF THIN AIR. BASED ON AN ANALYSIS OF PUBLICLY AVAILABLE VOTER DATA THAT THE BALLOT REJECTION RATE IN GEORGIA IN 2016 WAS APPROXIMATELY 6.42%. AND EVEN THOUGH A TREMENDOUS AMOUNT OF NEW FIRST TIME MAIL IN BALLOTS WERE INCLUDED IN THE 2020 COUNT.

THE GEORGIA REJECTION RATE IN 2020 WAS A MERE 4 TENTHS OF ONE PERCENT. A DROP-OFF FROM 6.42%, 2.4%. PRESIDENT TRUMP, ONE OF THE SIGNATURE VERIFICATION TO BE DONE IN PUBLIC. HOW CAN A REQUEST FOR SIGNATURE VERIFICATION IS TO BE DONE IN PUBLIC. BE A BASIS FOR A CHARGE FOR INCITING A RIGHT. TO BE CLEAR, THOUGH, THAT WE HAVE ABSOLUTELY NO PROBLEM. >> WITH PRESIDENT TRUMP HAVING PURSUED HIS BELIEF THAT THE ELECTION WAS BEING STOLEN.

THAT THERE WAS FRAUD OR CORRUPTION OR UNCONSTITUTIONALITY. WE HAVE NO PROBLEM AT ALL WITH HIM GOING TO COURT TO DO IT. >> AND HE DID. AND HE LOST AND 61 ST CASES IN FEDERAL COURT IN STATE COURT IN THE LOWEST COURTS IN THE LAND IN THE U.S. SUPREME COURT. HE LOST IT. HE LOST IN COURTS IN PENNSYLVANIA ARIZONA, GEORGIA, MICHIGAN, MINNESOTA, NEVADA AND WISCONSIN. ALL OF THEM SAID THE SAME THING. THEY COULDN'T FIND ANY CORRUPTION. THEY COULDN'T FIND ANY FRAUD. CERTAINLY NOTHING RISING TO A MATERIAL LEVEL THAT WOULD ALTER THE OUTCOME OF ANY THE ELECTIONS AND THERE WAS NO UNCONSTITUTIONALITY. THAT'S THE AMERICAN SYSTEM. SOMETIMES THERE'S A REASON TO DISPUTE ELECTION. >> SOMETIMES THE COUNT IS CLOSE. SOMETIMES WE ASK FOR A RECOUNT, GO TO COURTS. ALL OF THAT'S APPROPRIATE. I LOST MY FIRST ELECTION. I STAYED IN BED FOR 3 DAYS. WE DO WHAT WE NEED TO DO. AND WE MOVE ON. THIS WAS NOT THAT BECAUSE WHEN ALL OF THESE PEOPLE CONFIRMED THE DONALD TRUMP THAT LOSS.

>> WHEN THE HIS HE IS DEPARTMENT OF JUSTICE. STATE OFFICIALS CONGRESS, HIS VICE PRESIDENT. WE'RE READY TO COMMIT TO THE PEACEFUL TRANSFER OF POWER. THE PEACEFUL TRANSFER OF POWER. DONALD TRUMP WAS NOT READY. AND SO WE ARE ALL HERE. BECAUSE HE WAS NOT READY. >> TRUMP'S LEGAL TEAM KEPT THEIR ARGUMENTS BRIEF TODAY. SO WHAT WAS TRUTHFUL IN WHAT WAS A BIG QUESTIONABLE HERE TO DO A LITTLE FACT CHECKING NBC NEWS DOT COM POLITICAL REPORTER JANE TIMM.

JANE, THE DEFENSE CLAIMING TODAY THAT PRESIDENT TRUMP TRIED TO QUICKLY CALM THE VIOLENCE OF THE CAPITOL ON THE 6. TAKE A LISTEN. >> THE FIRST 2 MESSAGES THE PRESIDENT SENT FEAR TWITTER ONCE THE INCURSION OF THE CAPITOL BEGAN WORK. STAY PEACEFUL AND NO VIOLENCE BECAUSE WE ARE THE PARTY OF LAW. >> AND ORDER. >> YOU SAY THAT'S FALSE. WHAT WAS TRUMP ACTUALLY TWEETING ABOUT AS THE WRITER STORM. THE CAPITOL. YES, BACK IT INTO TRUMP'S TWITTER ACCOUNT BEEN CLOSED. COURSE, INTO THE ARCHIVES OF IT AND TRUMP'S TWEETS WERE NOT THE WAY IT'S WHAT HE SAYS. THEY WERE SO THE FIRST WEEK THAT CAME OUT AFTER THE PROTEST OUTSIDE THE CAPITOL WAS A VIDEO OF RALLY SPEECH, WHICH OF COURSE WITH ON THESE THESE RIOTS AND THE SECOND TWEET I THINK IS REALLY IMPORTANT AS MIKE PENCE DIDN'T HAVE THE COURAGE TO DO WHAT SHOULD HAVE BEEN DONE.

>> USA DEMANDS THE TRUTH. THIS GOING ON. PROTESTERS OUTSIDE THE CAPITOL CHANTING AT THIS MOMENT WHEN THIS TWEET WAS BEING SENT. HANG MIKE PENCE. WE'VE SEEN VIDEOS OF THIS WAS AROUND THE TIME THAT MIKE PENCE WAS RUSHED OUT OF THE JOINT JOINT SESSION BY THE SECRET SERVICE BECAUSE ESSENTIALLY WE'RE INSIDE THE CAPITAL LOOKING FOR HIM TO THE MATURITY INSIDE THE CAPITOL WHEN HE IS SENDING A TWEET LIKE THIS THAT ENCOURAGES THE KIND OF RHETORIC THAT WE'VE HEARD OF HELP, MIKE HOURS INTO THESE NEWS PROTESTED OUTSIDE THE CAPITAL THAT MOVED INTO THE CAPITAL OF COURSE, HE SAYS FINALLY STAY PEACEFUL AND WE KNOW THAT THE WASHINGTON POST REPORTED THAT TRUMP AN EVEN RELUCTANT TO INCLUDE BACKED IN HIS TWEET. >> YOU POINT OUT THAT ON SEVERAL OCCASIONS. THE DEFENSE TEAM APPLIED QUOTE, FROM STANDARDS TO THEIR ARGUMENTS. BUT THIS ISN'T A CRIMINAL TRIAL. ITS IMPEACHMENT TRIAL. CAN YOU GIVE US AN EXAMPLE. OR 2 AND EXPLAIN HOW THAT WAS MISLEADING. >> YEAH. YOU KNOW, WE SPENT THE WHOLE DAY TALKING ABOUT THE FIRST AMENDMENT AND HOW THAT PROTECT THE PRESIDENT. WE TALKED ABOUT BRANDENBURG TECH 9 ALL IN READING ABOUT ALL THESE CRIMINAL COURT STUDENTS AT THESE THAT HE SAID WERE A CLICKABLE TO THIS CASE.

BUT HERE'S SOMETHING YOU CAN BE IMPEACHED FOR JUST ABOUT ANY AGE. IT DOESN'T MATTER IF THERE IS RIGHT THERE. BUT THIS IS ABOUT IS THIS IS ABOUT WHETHER OR NOT YOU COMMITTED HIGH CRIMES AND MISDEMEANORS IN THE EYES OF THE SENATE. YOU KNOW, THERE WAS EVEN ONE POINT FOR THE ATTORNEYS TALKED ABOUT BEING ESSENTIALLY PERSONALLY VICTIMIZED BY CRITICISM OF THEIR LEGAL OR EVEN SAYING THAT, YOU KNOW, JUDGES CAN SANCTION ATTORNEYS AND CAN IT AWAY. THEIR LAW LICENSES WILL SHOT. YOU MISS COURT. THIS IS THE SENATORS. THEY ARE THE JUDGE AND THEY CAN NOT TAKE AWAY THE BALL LAW. MY SON'S A MINUTE FROM THE PRESIDENT. >> ALL RIGHT. JANE TIMM, ALWAYS HERE TO HELP US SEPARATING THE FACT FROM THE FICTION AND ALL THE DIFFERENT THINGS IN BETWEEN.

THANK YOU SO MUCH. >> THANKS. 1000. >> ALL THIS MONTH. THEY ARE THE RIGHT TRAIL BLAZERS IN EVERYDAY HEROES WHO'VE BROKEN PUSH FOR CHANGE AND BROUGHT PROGRESS TO OUR COUNTRY JOIN US AS WE SHARE THESE STORIES AND CELEBRATE GROUNDBREAKING CHANGEMAKERS ALL THIS MONTH ON TODAY. THE IMPEACHMENT TRIAL COVID REALLY, WE'RE GOING TO FIND OUT QUICKLY WHETHER THIS IS GOING TO BE A FUNCTIONAL BIPARTISAN GOVERNMENT. WOULD YOU SUPPORT SOME RAISING THE MINIMUM WAGE. >> I'M ASKING ABOUT VACCINE DISTRIBUTION. WHERE IS THE BOTTOM? >> SUNDAY. IT'S MEET THE PRESS. ♪ ♪ ♪ ♪ ♪ ♪ >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA. THIS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES AHEAD. >> VACCINE EFFORT PICKS UP. WHERE ARE THE MAJORITY OF THIS.

JUST 6 NBC NIGHTLY NEWS WITH LESTER HOLT. >> NBC NEWS NOW GOT SOME BREAKING NEWS TRUCKS CARRYING THE FIRST SHIPMENT OF THE CORONAVIRUS VACCINE HOPE FOR A WHOLE LOT OF PEOPLE LOOKING WAITING MONTHS AND MONTHS. IT'S NEWS MADE FOR YOUR STREAMING WAR. ♪ ♪ ♪ NEWS IN OUR CHANGING WORLD. >> NORWAY VACCINATING RIGHT NOW TO KEEP HEAD UP THESE MUTANT STRAINS. WE STILL HAVE A DEMAND THAT FAR EXCEEDS SUPPLY THE FIRST AFRICAN AMERICAN CREW MEMBERS WHEN IT EXTENDED MISSION ON THE INTERNATIONAL SPACE STATION TO BE ABLE TO SEE SOMEONE THAT LOOKS LIKE AND THAT IS SUPER IMPORTANT. PERHAPS THE MOST SUCCESSFUL GOSPEL ARTISTS TODAY WHERE YOU'RE GOING. IS IT NOT BIGGER. >> I AM LOOKING FORWARD TO SEEING YOU IN TOKYO. THANK YOU. TODAY SHOW FAMILY BACK. >> HISTORY IN THE MAKING. THE BEGINNING OF A NEW ERA IN AMERICA IS JOE BIDEN TAKES OFFICE THE MAJOR CHANGES AND CHALLENGES WHAT ABOUT THE BACK SEAT THE VACCINES WE HAVE NOW, CAN THEY STOP THE SOUTH AFRICAN VARIANT FIRST YOUTH POET LAUREATE CAPTIVATING THE NATION AND CAPTURING OUR STORY.

>> I HAD THIS UNDERSTANDING THAT THE WORLD IS WATCHING US, THAT WE HAVE THE EYES OF HISTORY AND THE FEATURE ON US. NBC NIGHTLY NEWS WITH LESTER HOLT. ♪ >> THE WORLD IS WATCHING US. THE HOUSE MANAGERS REMINDING THE SENATE OF THAT IN THEIR QNA THIS EVENING. HOUSE MANAGER STACEY PLASKETT TAKING ISSUE WITHOUT A TRUMP LEGAL TEAM PRESENTED THEIR DEFENSE TODAY. HERE SHE IS. >> WORLD WATCHED. >> US AND THE WORLD IS STILL WATCHING US. SEE WHAT WE WILL DO THIS DAY. AND WE'LL KNOW WHAT WE DID THIS DAY. 100 YEARS FROM NOW. THOSE ARE THE IMMEDIATE CONSEQUENCES. AND OUR ACTIONS WILL REVERBERATE AS TO WHAT ARE THE FUTURE CONSEQUENCES. THE EXTREMISTS TO ATTACK THE CAPITOL AT THE PRESIDENT'S PROVOCATION. WE'LL BE BOLD AND. ALL OUR INTELLIGENCE AGENCIES HAVE CONFIRMED THIS. IT IS NOT HOUSE MANAGERS SAYING THAT. THERE ARE QUITE LITERALLY STANDING BY. AND STANDING READY. DONALD TRUMP TOLD THEM THIS IS ONLY THE BEGINNING. THEY ARE WAITING AND WATCHING. SEE IF DONALD TRUMP IS RIGHT THAT EVERYONE SAID THIS WAS TOTALLY APPROPRIATE. LET ME ALSO BRING SOMETHING ELSE UP.

BRIEFLY C THE DEFENSE COUNSELS. PUT A LOT OF VIDEOS OUT. IN IN THEIR DEFENSE PLANE CLIPS AFTER CLINTON. A BLACK WOMEN TALKING ABOUT FIGHTING FOR A CAUSE OR AN ISSUE OR POLICY. WAS NOT LOST ON ME AS SO MANY OF THEM WERE PEOPLE OF COLOR AND WOMEN, BLACK WOMEN. BLACK WOMEN LIKE MYSELF, SICK AND TIRED OF BEING SICK AND TIRED FOR OUR CHILDREN. YOUR CHILDREN. OUR CHILDREN. THE SUMMER THINGS HAPPENED THAT WERE VIOLENT. BUT THEY WERE ALSO THINGS THE CASE. SOME OF US BLACK WOMEN, GREAT COMFORT, PEOPLE FROM PENNSYLVANIA STANDING UP WITH US. MEMBERS OF CONGRESS FIGHTING UP WITH US. AND SO I THOUGHT WE WERE PAST THAT.

I THINK MAYBE WE'RE NOT. THERE ARE LONGSTANDING CONSEQUENCES DECISIONS LIKE THIS THAT WILL DEFINE WHOM WE ARE AS A PEOPLE. HU AMERICA IS. WE HAVE IN THIS ROOM MADE MONUMENTAL DECISIONS. YOU ALL HAVE MADE PLAN YOU MENTAL DECISIONS. WE'VE DECLARED PAST CIVIL RIGHTS ACTS, ENSURE THAT NO ONE IN THIS COUNTRY IS A SLAVE. EVERY AMERICAN HAS THE RIGHT TO VOTE. UNLESS LIVE IN THE TERRITORY. AT THIS TIME. SOME OF THESE DECISIONS ARE EVEN CONTROVERSIAL. BUT HISTORY HAS SHOWN THAT THEY DEFINE US AS A COUNTRY AND AS A PEOPLE. TODAY. THIS ONE OF THOSE MOMENTS. AND HISTORY WILL WAIT FOR OUR DECISION. >> THE ARGUMENTS ARE DONE IN THE SENATE QUESTIONS ASKED AND ANSWERED. SO THIS WEEK WE'RE IN THE SUPER BOWL RATHER THAN IMPEACHMENT TRIAL. AND IT WAS HOUSE MANAGERS VERSUS TRUMP LAWYERS TO WON THE BIG GAME. LET'S GO TO FORMER FEDERAL PROSECUTOR AND NBC NEWS LEGAL ANALYST GLENN KIRSCHNER AND NBC NEWS LEGAL ANALYST AND CRIMINAL DEFENSE ATTORNEY DANI CEBALLOS.

AND I'M SORRY BE INTO CAN NOT BE THE EAGLES IN THEIR ARGUMENTS TODAY TRUMP'S THAT ACCUSED THE HOUSE MANAGERS OF MANIPULATING EVIDENCE AND DENIED DUE PROCESS. DID THEY SUCCEED IN PROVING THAT POINT. >> WHAT WE STARTED FROM THE POINT WHERE DUE PROCESS ISN'T EVEN AFFORDED TO THE PRESIDENT. IN FACT, THE PRESIDENT MAY BE THE ONE PERSON IN THE ENTIRE AMERICAN SYSTEM THAT SHOULDN'T GET DUE PROCESS IN AN IMPEACHMENT. AND THE REASON IS IMPEACHMENT COURT DOESN'T HAVE A TEMPORARY RESTRAINING ORDER DOESN'T ANYTHING TO PRESERVE THE STATUS QUO. IF YOU HAVE A ROOM, PRESIDENT WHO'S MAD. AND SO THE ONLY REMEDY IS IMPEACHMENT AND THEREFORE BECAUSE IMPEACHMENT MUST BE FAST IF NEEDED.

THERE IS NO DUE PROCESS GUARANTEED TO THE PRESIDENT. IF HE WAS GUARANTEED TO PROCESS THE WAY CRIMINAL DEFENDANT IS THEN OUR NATION MAY BE AT RISK. SO THEY THEY SHOULDN'T TRY TO HAMMER HOME THE DUE PROCESS ARGUMENT I'VE BEEN HEARING ECHOES OF THAT FROM TIME TO TIME. MAYBE THEY WANT TO RAISE THE NOTION OF IT FOR THE AUDIENCE AT LARGE. BUT AT THE END THE PRESIDENT IS NOT AFFORDED DUE PROCESS IN AN IMPEACHMENT HEARING. >> GLENN YESTERDAY WE LEARNED THAT SENATORS GRAHAM CRUZ AND LEE MET WITH TRUMP'S IMPEACHMENT LAWYER TODAY.

YOU TWEETED THAT WHEN YOU WERE PROSECUTOR, YOU WANTS DISCOVERED THAT A JUROR WAS COMMUNICATING ABOUT THE CASE WITH THE DEFENSE THAT DURING THE TRIAL OKAY TO DE JURE PROSECUTED, RATHER, THE JUROR BECAUSE HASHTAG JUSTICE MATTERS. NOW, THIS IS NOT A TRADITIONAL TRIAL AND IT'S TECHNICALLY NOT AGAINST THE RULES FOR SENATORS TO MEET WITH TRUMP'S LAWYERS. BUT WHAT DO YOU MAKE OF THE SENATORS HUDDLING WITH THE DEFENSE. >> SO AT A MINIMUM IT IS DISTASTEFUL AND I'M NOT SUGGESTING IT WAS CRIMINAL THAT, YOU KNOW, THESE REPUBLICAN SENATORS SEEM TO BE, YOU KNOW, IN LEAGUE WITH THE DEFENDANT WITH THE PERSON ON TRIAL IN THE SENATE.

IMPEACHMENT TRIAL. BUT THERE'S A REASON THAT WE GENERALLY WANT JURORS TO BE FAIR AND IMPARTIAL. YOU KNOW, JURORS ARE NOT SUPPOSED TO HAVE ADVANCE KNOWLEDGE OF THE CASE. THEY'RE NOT NOT SUPPOSED TO BE WITNESSES TO THE INCIDENT BEING TRIED AND THEY'RE CERTAINLY NOT SUPPOSED TO BE POTENTIAL 8 ERS BETTORS TO THE CRIME. BUT THIS IS NOT GOVERNED BY THE RULES OF CRIMINAL LAW OR CRIMINAL PROCEDURE. BUT IT SURE IS A REALLY BAD LOOK, WHEN YOU KNOW SENATORS SITTING AS THE DEFACTO JURORS READY TO PASS JUDGMENT ON THE ON PRESIDENT GUILT OR OR INNOCENCE ARE ACTUALLY IN LEAGUE WITH THE PERSON THEY ARE ABOUT TO JUDGE. IT REALLY MAKES NO SENSE. AND IT'S JUST A REALLY BAD LOOK FOR THE SENATORS. >> ALL RIGHT. WE'RE HERE ON A FRIDAY NIGHT.

IT HAS FELT LIKE A VERY LONG WEEK. DANNY, I HAVE TO ASK WHICH SIDE HAD THE MOST COMPELLING ARGUMENT DO YOU THINK THIS WEEK AND WHY. >> THE TIME OF THE MOST COMPELLING ARGUMENT OR I SHOULD SAY BREAKOUT STAR MAY NOT HAVE BEEN AN INDIVIDUAL HOUSE MANAGER. BUT HIGH PRODUCTION QUALITY OF THEIR VIDEO PRESENTATIONS. RAISE THE BAR FOR TRIAL LAWYERS ACROSS THE COUNTRY WITH THEIR REAL COMPARISONS. YOU GOT RED DOTS FOLLOWING WHERE PEOPLE WERE BREAKING INTO THE CAPITAL. I MEAN, WHAT A COMPELLING PROSECUTION WITH THE AID THOSE VISUALS FOLKS FROM THE OUTSIDE MAMMAL. WE WATCHED A FEW NEWS RIGHT INTO THE CAPITOL AND FEELING THE DANGER IN REAL TIME. THAT ON THAT ON THAT SIDE, THE HOUSE MANAGERS AND VERY COMPELLING PROSECUTION, TERRIFIC TOOLS IN THEIR ARSENAL THAT SHOWS THEY HAVE A TEAM AND THE TEAM IS WORKING TOGETHER THE DEFENSE.

IT LOOKS LIKE THEIR STRATEGY WAS WE'RE PROBABLY GOING TO WIN ANYWAY. LET'S JUST CATER TO ARE CROWNED TO OUR REPUBLICAN TEAM AND PUSH THOSE POINTS GROWING A LITTLE SPRINKLE OF WHAT ABOUT A DOZEN OTHER PEOPLE SAY THE WORD PLAY AND WE'LL JUST GET OUT OF LOOKING GOOD. THE FELLOW REPUBLICANS AFTER ALL. I DON'T THINK THE REPUBLICAN SIDE WHERE THE PRESIDENT'S DEFENSE ATTORNEYS ARE REALLY LOOKING TO PERSUADE ANYONE.

I THINK THEY'RE LOOKING TO MAKE A STATEMENT. >> GLEN, HOW ABOUT YOU? WHAT WAS THE MOST COMPELLING ARGUMENT FOR YOU THIS WEEK. >> YOU KNOW, I'M WITH ANY THIS IT MISMATCH. THIS WAS LIKE, YOU KNOW, MOHAMMAD ALI FIGHTING WEE HERMAN RIGHT TO DEFEND STUDENTS AND THE CHANCE. AND YOU KNOW, WHEN WE USE THE WORD FIGHT AND WE'VE HEARD THE WORD FIGHT A LOT. THE DEFENSE TRYING TO GET US TO BELIEVE THAT WHEN POLITICIANS UNDER THE WORD FIGHT, IT MEANS THE SAME THING REGARDLESS OF THE CONTEXT. SO IF POLITICIANS TELL THE PEOPLE I'M GOING TO FIGHT FOR YOUR CIVIL RIGHTS.

I'M GOING TO FIGHT FOR A LIVING WAGE FOR YOU. WE SHOULD HAVE THAT LAND THE SAME AS IF DONALD TRUMP SAID I WANT YOU TO GO DOWN THERE. I WANT YOU TO FIGHT. I WANT YOU TO STOP THE STEAL. AND I BASICALLY WANT YOU TO HELP ME UNCONSTITUTIONALLY RETAIN POWER. THOSE 2 USES OF THE WORD FIGHT ARE VERY DIFFERENT.

AND I'LL AND I'LL LEAVE EVERYBODY WITH THIS. ALICE. AND I WOULD SUGGEST THAT IF THE REPUBLICANS WANT MORE INSURRECTION ATTEMPTS IN OUR FUTURE. THEN GO AHEAD AND VOTE NOT GUILTY. >> WHEN I'M GOING TO SPEND THE REST OF THE EVENING PICTURING WEE HERMAN DOING PLAYHOUSE SAYING THE WORD OF THE DAY IS FIGHT. DANNY, IT'S BEEN WONDERFUL TO HAVE THAT TO THROUGHOUT THE NIGHT. THANK YOU SO VERY MUCH. >> THANK YOU, >> ORDERED HIM TO USE WITH THE SPIRIT OF YOU DO WHAT IS FOR AMERICA. >> WE DO FIGHT BACK. BUT WE ARE CAN AND THE FIGHT FIGHTING FIGHTING PHI PHI PHI PHI WE NEED TO FIGHT, FIGHT, FIGHT, FIGHT FIGHT AND FOR. >> WE WILL FIGHT BACK. I SHOWED YOU THE VIDEO BECAUSE IN THIS POLITICAL ALL THROUGH A SPEECH SHOULD BE PROTECTED AND IT SHOULD BE PROTECTED EVEN LEE FOR ALL OF US.

♪ >> HEY, EVERYONE ELSE AND MAURICE, YOU'RE WATCHING SPECIAL COVERAGE OF THE SECOND IMPEACHMENT TRIAL OF DONALD TRUMP HERE AT NBC NEWS NOW ONE AND DONE TO THE DEFENSE, FORMER PRESIDENT .

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