themselves determined in terms member us off of the nature of the case and how they would vote. it makes a mockery of the second oath every senator must take before the impeachment trial. >> i spoke with john yarmuth who said he was surprised by what house speaker pelosi has done here. he's not behind what she was doing here but it was a surprising move. how surprised are you by it? how long do you think this will last? >> i don't know that i was surprised. i don't know that i fully anticipated it. in looking at it, it makes sense to me. for two reasons. one, she wants to give space for chuck schumer, the democratic leader and mitch mcconnell to work out rules of engagement. for a senate impeachment trial. that was done in the last impeachment trial with trent lot and tom daschle. and so i think she wants to give them some space to get there. is this a sham trial?