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Trump impeachment: senators kill Democratic efforts to subpoena more evidence – live

This article titled “Trump impeachment: senators kill Democratic efforts to subpoena more evidence – as it happened” was written by Maanvi Singh in San Francisco (now), and Joan E Greve in Washington (earlier), for theguardian.com on Wednesday 22nd January 2020 07.33 UTC

3.05pm GMT

Live impeachment reporting continues on Wednesday’s blog:

Related: Trump impeachment trial: Justice Roberts scolds both sides as Senate to hear opening arguments – live

3.03pm GMT

Live coverage of the impeachment trial continues on Wednesday’s blog:

Related: Trump impeachment trial: Justice Roberts scolds both sides as Senate to hear opening arguments – live

7.26am GMT

Day one summary

  • Over the course of nearly 13 hours, House impeachment managers clashed with White House lawyers as they debated the rules that will govern the impeachment trial.
  • Republican senators voted to kill 11 amendments to the trial rules brought forth by the Democrats, thwarting multiple attempts to subpoena documents and witnesses, including former national security adviser John Bolton.
  • House Judiciary chair Jerrold Nadler, who is one of the impeachment managers, accused Republicans of “voting for a coverup” by rejecting attempts to acquire more evidence.
  • Voting along party lines, Republicans pushed through the rules as proposed by Senate leader Mitch McConnell, unamended.
  • McConnell did change the rules a bit since he first revealed them, allowing for each side to take three days, rather than two, to present their cases. He also allowed the House’s impeachment evidence to be admitted into the Senate record.
  • Throughout, Chief Justice John Roberts played a procedural role — piping up just once to admonish both sides for a lack of civil discourse. “I do think that those addressing the Senate should remember where they are,” he said.
  • As the hours wore on, lawmakers looked visibly worn out — a couple of senators appeared to nod off.
  • The trial is adjourned until Wednesday at 1pm ET, when House managers will present their case.

Guardian reporters will be back tomorrow with more live updates from the impeachment trial. In the meantime, catch up on our coverage so far:

  • Review the case against Trump.
  • Meet the Republican senators who could cross party lines.
  • Relive the drama that was, and wasn’t.

Related: Trump impeachment trial: Democrats’ bids for new evidence dashed in marathon first day

Updated at 7.33am GMT

6.54am GMT

Senate Republicans pass the trial rules, without amendments

After 13 hours of debate, Republican senators pushed through the organizing resolution for the impeachment proposed by Mitch McConnell, without any of the 11 amendments proposed by Democrats.

The trial is now adjourned until 1pm ET on Wednesday.

Updated at 6.57am GMT

6.41am GMT

Senators kill 11th and last Democratic amendment

The final amendment proposed by minority leader Chuck Schumer would allow Chief Justice John Roberts — as a neutral party — to decide whether to allow motions to subpoena witnesses or documents.

Finally, the senators are voting on the organizing resolution for the impeachment trial, as proposed by Senate majority leader Mitch McConnell.

Before the vote, McConnell addressed Chief Justice John Roberts: “We want to thank you for your patience,” he said.

“Comes with the job,” Roberts responded.

Updated at 6.45am GMT

6.36am GMT

The Office of Management and Budget responded to a FOIA request by releasing a trove of documents on military aid to Ukraine.

The watchdog organization made “request for directives and communications that may relate to any effort to pressure the Ukrainian government to investigate one of President Trump’s political opponents as part of an effort to give the president an electoral advantage,” it said.

6.26am GMT

Senators kill the 10th Democratic amendment to allow for additional time to file responses to motions. The rules provide each side two hours. Schumer’s amendment asked for 24.

The debate on this one was very short — things are speeding up.

Updated at 6.46am GMT

6.15am GMT

As expected, Democrats’ eighth amendment, like all the others, was voted down, along party lines. Republicans blocked the Democratic push to subpoena John Bolton.

The former national security advisor could still testify if a majority of senators vote to subpoena his testimony later.

They also killed a ninth amendment, which would force a Senate vote on any motion to subpoena witnesses and documents. The current rules require a procedural vote that must pass before a vote on subpoenas. In this vote, there was one Republican defector: Senator Susan Collins.

Updated at 6.40am GMT

5.58am GMT

John Roberts took an opportunity to rebuke both House managers and the White House counsel “in equal terms” for their language and personal attacks. He asked everyone to “avoid speaking in a manner and using language that is not conducive to civil discourse”.

Roberts also offered a fun fact. In 1905, a Senator objected to a manager using the word “pettifogging” and the presiding officer found that the world “ought not to be used”, he said. “I don’t think we need to aspire to that high a standard, but I do think those addressing the senate should remember where they are,” Roberts added.

Updated at 6.48am GMT

5.53am GMT

In response, White House lawyer Jay Sekulow raised his voice and banged the podium for emphasis. He accused Nadler of trying to “shred Constitution on the floor of the floor of the Senate” by questioning Donald Trump’s executive privilege claim.

Pat Cipollone called the impeachment a “farce”.

“Mister Nadler, you owe an apology to the President of the United States and his family, you owe an apology to the Senate, but most of all you owe an apology to the American people,” he said.

5.43am GMT

Nadler: ‘Only guilty people try to hide the evidence’

Arguing for a subpoena of John Bolton, Jerrold Nadler accused senators quashing against Democrats’ attempts to bring forth more witnesses of “voting for a coverup”.

“Voting to deny witnesses and obviously a treacherous vote,” Nadler said. “A vote against an honest consideration of the evidence against the President. A vote against an honest trial. A vote against the United States.”

Nadler also said that Trump’s supporters want to block Bolton’s testimony are doing so because “they know he knows too much”.

“Only guilty people try to hide evidence,” Nadler said.

Updated at 5.56am GMT

5.09am GMT

Seventh Democratic amendment tabled, along party lines. And we move on to yet the next amendment… to subpoena John Bolton.

Each side gets an hour to make their case. This time, Jerrold Nadler, the representative from New York and House Judiciary chair, is arguing the Democrats’ case. Bolton, a former national security advisor, recently said he is willing to testify after resisting doing so during the impeachment inquiry. Donald Trump has said he’ll block Bolton, invoking executive privilege.

Democrats believe that Bolton has firsthand information about the president’s efforts to secure a quid pro quo with the government of Ukraine. Three Republican senators — Mitt Romney, Lisa Murkowski and Susan Collins — have indicated they might want to hear from Bolton. But it’s unlikely they’ll vote to approve the amendment to subpoena Bolton today. Collins said in a statement today that she’ll consider witnesses after hearing the case, and answers to senators’ questions.

Updated at 5.34am GMT

4.50am GMT

Roberts arrived at the Capitol today after hearing arguments at the Supreme Court.
Photograph: Cliff Owen/AP

Chief Justice John Roberts, who has been presiding over the trial all day, will have to be up early tomorrow morning for his day job. At 10 am Eastern Time, he’s expected to hear arguments in a Supreme Court case to decide whether publicly funded religious education is constitutional.

Even today, his very long day started at the Supreme Court, where he oversaw oral arguments in two cases before heading to the Senate.

The constitution requires that the chief justice “shall preside” over an impeachment trial of a president. In practice, the role has mostly been ceremonial. Previously, chief justices have left it to a Senate parliamentarian to manage the process. Roberts could take a more hands-on approach, and compel witnesses to testify — but that’s unlikely to happen.

So far, Roberts’ role in the Senate trial has been to ask White House lawyers and impeachment managers to speak, in turn, and grant motions to take recess as needed.

Updated at 4.59am GMT

4.25am GMT

Yet another Democratic amendment voted down

It’s close to midnight in Washington DC, and the senators are taking a 5-minute break. Each of Chuck Schumer’s amendments so far have been voted down along party lines, 53-47.

Schumer has proposed yet another amendment, “to prevent the selective admission of evidence and to provide for appropriate handling of classified and confidential materials”. The amendment would require each side to provide the other any additional evidence that is gathered via a subpoena. When he asked for it to be read out loud before the break, he reassured everyone, “It’s short.”

Updated at 4.35am GMT

4.07am GMT

What the cameras aren’t showing us

The video feed of the trial is controlled by the Senate Recording Studio. C-SPAN asked Mitch McConnell for permission to bring in its own cameras because the existing setup “provides a restricted view of Senate floor debates”, but the Senate majority leader did not respond, the New Yorker reports.

As a result, people at home can’t catch a glimpse of Senator Kyrsten Sinema’s bright yellow boots, or hear what lawmakers are whispering to each other in between presentations. We can’t see the expression on Lisa Murkowski’s face or snoop on what Marco Rubio is scribbling in his notebook.

TV camera crews are also restricted outside the Senate chamber — reporters aren’t allowed to approach senators directly outside.

Some news organizations have commissioned courtroom sketch artists to capture what the cameras aren’t showing.

Updated at 4.32am GMT

3.34am GMT

Senators vote down the fifth Democratic amendment

Supreme Court Chief Justice John Roberts.
Photograph: AP

Like all the other Democratic efforts to subpoena more evidence, it was voted down along party lines — 53-47.

Minority leader Chuck Schumer has moved right on, and introduced a sixth amendment, to subpoena testimony by Robert Blair, an aide to Mick Mulvaney, and Michael Duffey, and Office of Management and Budget official.

3.06am GMT

The Democrats’ fifth amendment today is to subpoena documents from the Department of Defense. There will be two hours of debate on this impeachment as well, and it’s unclear how late the trial will go tonight.

Read The Guardian’s recap of the trial so far:

In four consecutive votes split precisely on party lines, the Senate voted down Democratic proposals to subpoena the testimony of the acting White House chief of staff, Mick Mulvaney, and to subpoena documents and records from the White House, the state department and the budget office relevant to an alleged scheme by Trump to twist the powers of the presidency to extract personal political favors from Ukraine.

Each of the proposed subpoenas was defeated by a 53-47 vote. Democrats accused Republicans of failing to commit to a fair impeachment trial and of engaging in a “cover-up” of misconduct by the president.

“The president is engaged in this cover-up because he is guilty, and he knows it,” said Representative Val Demings of Florida, one of the impeachment prosecutors, referred to as “managers”, in the case.

A further opportunity for the senators to demand documents or witnesses was anticipated in the weeks ahead. But Adam Schiff, the lead impeachment manager, urged the senators to issue subpoenas before an allotted period for senators to question the legal teams.

“You should want to see these documents,” said Schiff. “You should want to know what these private emails and text messages have to say.

“The American people want a fair trial,” Schiff said. “But a great many Americans don’t believe that will happen. Let’s prove them wrong.”

Related: Trump impeachment trial: Senate votes down Democrats’ subpoena proposals

Updated at 3.09am GMT

2.47am GMT

Report: Senate Democrats are privately considering allowing Republicans to call Hunter Biden as a witness, in exchange for testimony from a key Trump administration official.

Though Democrats have publicly dismissed Republicans’ calls to subpoena Joe Biden’s son Hunter, privately, some senators and aides considering making an unusual deal. They’re willing to call in one of the Bidens if Republicans agree to subpoena national security advisor John Bolton, or another administration official with firsthand knowledge of the Ukraine controversy, the Washington Post reports:

The discussions about the Bidens are being closely held, and the issue is fraught for Democrats, due to the differing levels of support for Biden in a chamber stocked with presidential candidates and the clashing views on impeachment strategy. In private conversations in recent days, there has been much loathing of the Republicans’ spotlight on the Bidens among Senate Democrats, but also a fear that unless a witness deal is eventually struck, the trial could proceed without witnesses, according to party officials and Senate aides.

That predicament has led to discussions about whether, down the line, Hunter Biden or Joe Biden should be considered as part of a witness proposal. But there is hesitancy to raise the issue publicly until Senate Democratic leaders signal interest, the officials and aides said.

Updated at 2.49am GMT

2.28am GMT

For the fourth time today, senators voted to kill a Democratic amendment to the impeachment trial resolution, deciding against calling Mick Mulvaney as a witness.

In October, Mulvaney admitted that Donald Trump froze nearly 0 million in aid to Ukraine in part to pressure Ukranian officials into investigating Democrats. Almost immediately, he denied it.

Senate leader Mitch McConnell asked the Democrats to “stack” their amendments. Chuck Schumer refused, but said he’d be opening to having some of the votes tomorrow. “There will be a good number of votes. There’s no reason we have to do them tonight,” Schumer said.

Updated at 2.54am GMT

2.21am GMT

Addressing the Democratic senators running for president, White House lawyer Pat Cipollone said the whole impeachment process was about “removing” Donald Trump from the 2020 ballot.

This wasn’t the first time Cipollone singled out the 2020 candidates. Earlier, he suggested that Amy Klobuchar, Bernie Sanders, Elizabeth Warren and Michael Bennett were sour they couldn’t campaign this week. “ Some of you are upset because you should be in Iowa right now,” he said.

Klobuchar responded by saying she’s able to “do two things at once”.

Updated at 3.00am GMT

1.51am GMT

The first day of the trial has been far less dramatic than expected. The Guardian’s David Smith fills in what the Senate cameras aren’t showing:

This moment had been much hyped by cable TV but viewers hoping for the political equivalent of the OJ Simpson trial were in for a disappointment. There was no prisoner in the dock; Trump is thousands of miles away in Davos. This was reality TV without the reality TV president.

There was, however, the California Democrat Adam Schiff, the lead House manager in the impeachment trial, who once wrote a screenplay for a Hollywood crime thriller. He was not quite Henry Fonda in 12 Angry Men or Tom Cruise in A Few Good Men, but he did put Republicans on the spot over their pledge on oath to be impartial jurors.

“The American people want a fair trial. They want to believe their system of government is still capable of rising to the occasion,” Schiff entreated. “They want to believe we can rise above party and do what’s best for the country, but a great many Americans don’t believe that will happen. Let’s prove them wrong. Let’s prove them wrong!”

In the Hollywood version, the chamber erupted in applause, heavenly horns played and a solitary tear trickled down McConnell’s face. In the Washington version, however, Republicans sat or slouched expressionless or studied papers on their desks, while McConnell fixed Schiff with a death stare as if intent on turning him to stone.

Related: As Trump goes on trial, so does the conscience of the Republican party

Updated at 3.12am GMT

1.36am GMT

The trial has resumed after a 30-minute dinner break. Hakeem Jeffries, one of the House impeachment managers, is now making the case to subpoena Mick Mulvaney.

The congressman from New York said Donald Trump makes Richard Nixon “look like a choir boy”. Trump is “personally responsible for depriving the Senate of information important to consider in this trial”, Jeffries said, referring to the president’s efforts to block House investigators from accessing documents and witnesses throughout the impeachment inquiry.

“Evidence matters. And the truth matters,” Jeffries said.

But Republicans have voted down multiple Democratic efforts to subpoena more evidence. The trial, writes the Guardian’s David Smith, is testing conscience of the Republican party.

Related: As Trump goes on trial, so does the conscience of the Republican party

Updated at 2.26am GMT

12.33am GMT

Senators vote to kill third Democratic amendment

A motion to subpoena documents related to the suspension of military aid to Ukraine from the Office of Management and Budget has been tabled, with a 53-47 vote along party lines.

This is the third amendment brought by the minority leader Chuck Schumer that Senate Republicans have voted down. Schumer has also introduced another amendment to subpoena Mick Mulvaney, the acting White House chief of staff.

The senators will address that later tonight, after taking a 30-minute recess for dinner. While the trial is ongoing, snacks are banned in the chamber, though drinks of water and milk are permitted.

Updated at 1.40am GMT

11.57pm GMT

Both parties have two hours to debate this amendment, and then, the Senate majority leader, Mitch McConnell, indicated he’ll move to table it. After a vote, the lawmakers will get a 30-minute break – which, from the looks of everyone in the chamber is much needed.

Senator James Risch of Idaho appeared to nod off, according to reporters.

Senator Kirsten Gillibrand seemed to rest her eyes for a bit as well. And Senator Martha McSally had a blanket on her lap.

Updated at 12.56am GMT

11.32pm GMT

Senators vote to kill the amendment to subpoena State Department documents

As expected, senators voted along party lines, 53-47.

Minority leader Chuck Schumer has introduced a third amendment to subpoena the White House Office of Management and Budget. This one is again, expected to fail.

11.20pm GMT

Meanwhile, in 2020 news…

Rush, a Democratic representative from Illinois, told the Chicago Sun-Times he was impressed by Bloomberg’s approach to the “economic discrimination in the black community.”

The congressman had endorsed Kamala Harris before she dropped out of the presidential race.

11.00pm GMT

To demonstrate the importance of subpoenaing the state department, Val Demings displayed text messages between the US envoy to Ukraine Kurt Volker and the US diplomat Bill Taylor, which were uncovered during the House impeachment inquiry. One of the messages seemed to confirm that the Trump administration was withholding military aid in order to pressure Ukrainian officials to investigate Trump’s political rivals.

The texts and other messages uncovered by House investigators make clear that there’s more damaging information out there, Demings said. But the Trump administration has been blocking the release of information, claiming executive privilege.

Information obtained through a Senate subpoena “would help complete our understanding of how the president’s scheme unfolded in realtime”, Demings said.

Updated at 11.19pm GMT

10.26pm GMT

The trial resumes

Senators are now debating another amendment to the rules of the Senate impeachment trial from Chuck Schumer. This one involves subpoenaing the state department.

Val Demings, a Democratic representative from Florida and one of the House impeachment managers, spoke in support of Schumer’s amendment. State department documents “would support the conclusion that senior Ukrainian officials understood the corrupt nature of President Trump’s demand and they would further expose the extent to which Secretary Pompeo and Mick Mulvaney and other senior Trump officials were aware of the president’s plot and helped carry it out”, she said.

“We know that [the documents] are relevant, and we know the president is desperately trying to conceal them,” she added.

Still, the amendment is expected to fail along party lines. It’s unclear how many amendments that Schumer will introduce today.

Updated at 10.45pm GMT

10.16pm GMT

Republican senator indicates she’ll support a motion to subpoena witnesses

Susan Collins, a Republican senator from Maine, issued a statement indicating that she will likely support a motion to call more witnesses.

10.02pm GMT

Evening summary

That’s it from me today. My west coast colleague, Maanvi Singh, will take over the blog for the next few hours as the Senate impeachment trial continues.

Here’s where the trial stands so far:

  • In a party-line vote, Senate Republicans successfully killed the minority leader Chuck Schumer’s amendment to the resolution outlining rules for the impeachment trial. The New York Democrat’s amendment called for subpoenaing White House documents related to the charges against Trump.
  • The House impeachment manager Adam Schiff argued on the Senate floor that it would be “ass-backwards” to hold an impeachment trial and then request witness testimony.
  • The Senate majority leader, Mitch McConnell, altered the resolution outlining rules for the impeachment trial, allowing each side to present their arguments over three days rather than two. The altered resolution also allows for automatic inclusion of evidence from the House impeachment inquiry, although senators have the chance to object.
  • The House impeachment managers presented evidence arguing in favor of Trump’s removal from office, while the president’s lawyers depicted his impeachment as the result of a partisan “witch hunt”.

Maanvi will have more updates from the trial coming up, so stay tuned.

Updated at 10.42pm GMT

9.52pm GMT

The Senate is now taking a ten-minute recess, after which the House impeachment managers and Trump’s legal team will be allowed to debate Chuck Schumer’s second amendment to Mitch McConnell’s impeachment trial resolution.

But McConnell said he intended to propose to also table that amendment, and that motion is likely to succeed on a party-line vote, as the first motion to table did.

9.41pm GMT

Republicans kill Schumer’s amendment to the impeachment trial resolution

Senate Republicans successfully killed minority leader Chuck Schumer’s amendment to the resolution outlining rules for the impeachment trial, which called for subpoenaing White House documents related to the charges against Trump.

Schumer is now introducing another amendment, which is aimed at subpoenaing State Department documents related to the impeachment. It will likely also fail along party lines.

9.36pm GMT

As expected, Senate majority leader Mitch McConnell has introduced a motion to table (or kill) Chuck Schumer’s amendment, which calls for subpoenaeing White House documents related to Trump’s impeachment charges.

The motion to table is expected to pass along party lines, and Schumer will then likely introduce another amendment to McConnell’s resolution outlining the rules for the impeachment trial.

9.31pm GMT

House impeachment manager Zoe Lofgren pushed back against arguments from Pat Philbin, deputy counsel to the president, that the House is trying to get the Senate to do its investigative job.

“The House is certainly not asking the Senate to do the House’s job,” Lofgren said. “The House is asking the Senate to do its job.”

The House impeachment managers and the president’s legal team continue to debate an amendment from Senate minority leader Chuck Schumer calling for the White House to be subpoenaed for relevant documents.

9.07pm GMT

Fun fact: House impeachment manager Adam Schiff is not actually the first person to use the term “ass-backwards” on the Senate floor.

That honor appears to go to Republican senator Lindsey Graham, who used the term in 2016 to denounce a bipartisan proposal to block a military arms sale to Saudi Arabia.

“I think it would be pretty odd for members on the other side of the aisle who almost unanimously supported the Iranian nuclear agreement … [to] deny a weapons sale to somebody who is in the fight with you,” Graham said at the time. “You’re talking about ass-backwards.”

8.57pm GMT

Former Republican senator Jeff Flake, who declined to run for reelection in 2018 because of his opposition to Trump, was spotted in the Senate chamber as the president’s impeachment trial continues.

Flake wrote a Washington Post op-ed last month urging his former Republican colleagues to “put country over party” once the trial began:

I don’t envy you. You’re on a big stage now. Please don’t accept an alternate reality that would have us believe in things that obviously are not true, in the service of executive behavior that we never would have encouraged and a theory of executive power that we have always found abhorrent.

If there ever was a time to put country over party, it is now. And by putting country over party, you might just save the Grand Old Party before it’s too late.

8.41pm GMT

Schiff denounces ‘ass-backwards’ impeachment trial

Denouncing the proposed rules for Trump’s impeachment trial, House impeachment manager Adam Schiff argued it would be “ass-backwards” to hold a trial and then request witness testimony.

8.39pm GMT

House impeachment manager Zoe Lofgren has now taken the Senate floor to argue for the need to subpoena White House documents related to the charges against Trump.

Lofgren, who participated in the Clinton and Nixon impeachment cases, will make history as the first woman to present arguments as a manager during an impeachment trial.

The New York Times has more on Lofgren’s impeachment history:

She was a member of the House Judiciary Committee in 1998 when it approved articles of impeachment against President Bill Clinton for lying about an affair with a White House intern. And as a young law student in 1974, she helped the committee draft its Watergate charges against President Richard M. Nixon.

Now — 46 years after the Nixon case — the 72-year-old lawmaker will take a high-profile role in the nation’s third impeachment trial, serving as one of the managers who will prosecute the House’s case against President Trump in the Senate.

8.21pm GMT

Amy Klobuchar, one of the Democratic senators running for president, psuhed back against a comment from White House counsel Pat Cipollone that the presidential candidates are “upset” to be away from the campaign trail.

8.19pm GMT

As Trump’s impeachment trial continues on Capitol Hill, Joe Biden is holding a campaign event in Ames, Iowa, with less than two weeks to go until the state’s caucuses.

Two of Biden’s closest rivals — senators Bernie Sanders and Elizabeth Warren — have been pulled away from the campaign trial because of the impeachment trial, and Sanders has already had to cancel at least one rally because of the trial schedule.

8.13pm GMT

A Yahoo News reporter sitting in the trial room said Republicans appeared uncomfortable as House impeachment manager Adam Schiff made the case for Trump

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Trump impeachment: senators kill Democratic efforts to subpoena more evidence – live

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