that was just some of the breath taking video that democrats used to open impeachment trial of former president trump. as democrats succeeded making the case for why the trial should succeed, the president's team stumbled and it was so bad his supporters complained about it and one senator flipped his vote agreeing that the trial is constitutional. good morning, i'm kasie hunt. we'll start with the news. today house impeachment managers will begin laying out their case for why former president trump is responsible for inciting the deadly january 6 capitol riot, this is after six republicans joined all democrats in voting that the trial should proceed. here is how impeachment managers dismantled the belief that it was unconstitutional. >> their argument is if you commit an impeachment offense in your last few weeks in office, you get away with it. in other words, conduct that would be a high crime and misdemeanor, in your first year as president, your second year and third year and vast majority of your fourth year, you can suddenly do in your last few weeks in office without facing any constitutional liability at all. it would create a brand new january exception to the constitution. >> he was impeached for inciting a violent insurrection. an insurrection where people died in this building. an insurrection that desecrated our seat of government. presidents can't inflame insurrection in their final weeks and then walk away like nothing happened. and yet that is the rule that president trump asks you to adopt. >> so that was the legal argument. but the most powerful piece of evidence so far was a harrowing 13 minute video that you saw a little bit of it just a moment ago showing the january 6th attack from just about every angle, walking through it in chronological order, beginning with the president's speech that morning. >> we're going to walk down pennsylvania avenue, i love pennsylvania avenue, and we're going to the capitol and we're going to try to give our republicans, the weak ones because the strong ones don't need any of our help, we're going to try to give them the kind of pride and boldness that they need to take back our country. >> there has never been a time like this where such a thing happened where they could take it away from all of us, from me, from you, from our country. this was a fraudulent election. but we can't play into the hands of these people. we have to have peace. so go home, we love you, you're very special. >> so we bleeped out some of the worst words in that video, but they were played without the bleeping in the senate chamber yesterday, the chamber that was in fact eventually overrun by the very people that you just saw there. and there was silence in the chamber as senators watched it. the video presentation was in fact so compelling that it seemed to put the former president's attorneys back on their heels. bruce castor made this stunning admission. >> i'll be frank, we changed what we were going to do on account that we thought the house manager's presentation was well done. >> okay. and coming up, we'll show you a little more of that bewildering defense which reportedly left former president trump enraged and republican senators scratching their heads. more than one person suggested to me that if the president still had twitter perhaps that attorney would now be fired. but in perhaps the most emotional moment of the day, and i was actually inside the chamber watching this, you could hear a pin drop, aside from that powerful video presentation by house managers, was this one. when lead manager congressman jamie raskin of maryland recounted his own family's terrifying experience during the capitol insurrection when he was separated from his daughter and son-in-law during the floor evacuation. and he had just lost his middle son tommy. >> locked and barricaded in that office, the kids hiding under the desk, placing what they thought were their final texts and whispered phone calls to say their good-byes. they thought they were going to die. my son-in-law had never even been to the capitol before. and when they were finally rescued over an hour later by capitol officers and we were together, i hugged them and i apologized and i told my daughter, tabitha, who is 24 and a brilliant algebra teacher in teach for america now, i told her how sorry i was and i promised her that it would not be like this again the next time she came back to the capitol with me. and you know what she said? she said dad, i don't want to come back to the capitol. >> there was utter silence in the chamber as he made that had mission. and the chime better is so quiet, you can hear pens clicking, centers for disease controls, everything. and you could hear nothing. joining us now, congressional reporter for politico. andrew, good morning to you. thanks for getting up early. and you were in the chamber as that video was playing out for senators. and i noticed that you shared some of the looks that you saw on their faces, the way they reacted. i was hoping that you could take us inside the chamber. what did it feel like for the senators to watch again that day when they were all essentially the victims? >> right, so i was struck by the extent to which on a day that was supposed to be really broke the legal arguments, the constitutional arguments underpinning these respective cases on the side of the house managers and the president's defense team, the house managers really leaned into this idea of trying to make these senators relive january 6, relive the horrors of january 6. and that was the case for everyone in the capitol community of course. i was struck in particular when some of those video clips were playing how senators were reacting. it was kind of tough to tell their facial expressions given the vast majority of them were wearing masks of course, but i did notice for example when video played of the officer-involved shooting off of the house floor, senator cory booker for example immediately put his hands over his eyes and, you know, seemed to just gasp after he saw that. and i think a lot of lawmakers were not expecting some of thos. also the police officer literally being crushed in those doors. a lot of senators railroad rubbing their foreheads, rubbing their eyes. and it was just -- it was a really unique perspective to have especially because the tv cameras don't show the viewers what the senators look like while they are in the chamber. >> and we just have to rely on the now just handful because of the pandemic reporters who were in the gallery. so what do we expect coming up today? i know that there may be new evidence that house managers may introduce. >> that's right. again, what the house managers are trying to do here, they are trying to make lawmakers relive what they all experienced on january 6. and they are trying to do so in the most harrowing way as possible, trying to appeal to their emotions. obviously only six republicans ended up siding with them on the constitutional question, which some saw as really the ceiling for the number of republicans who could ultimately vote to convict. but the house managers really are going to try to make this as painful as possible for these senators. in particular, the ones who have continued to sort of excuse the former president 's conduct on january 6. and i think that the president's defense team what they are going to have to do is really listen to what they hear over these next couple days because asadmi presentation caused them to rethink their own presentation. and of course they got criticism from even republicans who ended up siding with them. so it will be interesting to see how it plays out. >> all right, andrew, thank you for joining us and underscoring that it is a tough week for the entire capitol community to relive this and you of course are a member of that community. so we appreciate you spending time with us this morning. still ahead here, what president biden had to say when asked whether he was watching the impeachment trial yesterday. we'll show you that reaction. and we'll check on your weather when we come right back. did you know that your clothes can actually attract pet hair? 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saline nasal mist. for drug free relief that works fast. vicks sinex. instantly clear everday congestion. are you going to watch the trial? >> i am not -- look, i told you before, i have a job. my job is to keep people -- we've already lost over 450,000 people. we'll lose a whole lot more if we don't act decisively and quickly. a lot of people as i said -- children are going to bed hungry, a lot of families are food insecure. that is my job. the senate has their job. they are about to begin it. i'm sure they will conduct themselves well. and that is all i'm going to have to say about impeachment. >> welcome back. president joe biden taking a hands off approach to his predecessor's second impeachment trial and trying to keep the focus on covid relief. and there were a couple other things that happened yesterday. the senate judiciary committee scheduled a confirmation hearing for merrick garland, president biden's pick to lead the justice department. it is scheduled for february 22 and 23. the date for garland's confirmation hearing had been up in the air because senate leaders had to negotiate a resolution to govern the 50/50 chamber. and senate republicans were still technically in charge of their committees and had refused to schedule vote. and the nominee to lead the white house office of management and budget apologized yesterday during her confirmation hearing. >> just to mention a few of the thousands of negative public statements, you wrote susan collins is, quote, the worst, that tom cotton is a fraud, that vampires have more heart than ted cruz. you called leader mcconnell moscow mitch. and and on a on. how do you plan to mend fences? >> senator, i very much appreciate that question. i recognize the concern. i deeply regret and apologize for my language and some of my past language. >> i'm sorry, mean tweets about ted cruz? who else tweeted mean things about ted cruz? umm. most definitely donald trump who talked about ted cruz's wife, accused his father of assassinating jfk or playing some sort of role in that. and yet past four years as we asked republicans day after day in congress, somehow they managed to miss those tweets. while being perfectly aware of what democrats were tweeting about them. still ahead here, president trump was reportedly enraged by his legal team's defense yesterday. chuck rosenberg will join us to weigh in on that. but before we go to break, why are you awake? email or tweet us your reasons. #way too early. we'll read all the best answers coming up later in the show. this phone paired with 5g ultra wideband, wow! the new samsung galaxy s21 is on verizon 5g ultra wideband. available in parts of many cities. it's ridiculously fast. buy samsung galaxy s21+ 5g, get one on us. only on verizon. for decades, most bladder leak pads were similar. until always discreet changed that. by inventing a pad you never thought possible. it's incredibly thin. because it protects differently. with two rapiddry layers that overlap, 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hunt. the senate has decided that the impeachment trial of former president trump is constitutional allowing the full proceedings to begin today. the decision comes after a 56-44 vote with six republican senators agreeing to move forward with the trial. house prosecutors argued their case yesterday with a 13 minute video montage capturing the debt deadly capitol riot. trump's legal team tried to push back saying it violates the constitution. but the defense's case drew mixed reviews and prompted at least one republican to side with democrats on the vote to allow the trial to proceed. >> the house managers were focused, they were organized, they made a compelling argument. president trump's team were disorganized, they did everything they could but to talk about the question at hand, and when they talked about it, they kind of glided over it almost as if they were embarrassed of their arguments. i'm an impartial juror and i'm going to vote for the side that did the good job. >> and that of course senator bill cassidy of louisiana, the one republican who had previously said the trial was not constitutional, decided to switch his vote and you heard him explain it. and according to bloomberg new, mitch mcconnell is signaling to members of his party that their final vote on impeachment is a matter of conscience and that senators who disputed the constitutionality of the trial could still vote to convict. that is according to three people familiar with mcconnell's thinking. bloomberg notes that he hasn't made up his mind about how he will vote even though yesterday mcconnell voted itten unconstitutional. joining us now is gene scott. thank you for being here. let's start with what we think we'll see today from the house managers as they make their case. they have said that they are going to introduce new evidence that relates to donald trump's role specifically and what he did or did not do on that day. i realize we didn't know a lot about what that will be, but what is the goal here and the possible impact. >> well, one of the main goals of the house impeachment managers will be to connect the president's rhetoric and his handling of the riot in real time to the actual insurrection becoming as dangerous as it actually did. one of the criticisms of him has been that opportunities he had to downplay and discourage his supporters from behaving in the manner that they did were looked over and ignored. some argued, lindsey graham telling the "washington post" that he saw these individuals as his people and was encouraged and affirmed by their behavior. so democrats are hoping to make the point that president trump knew exactly what was happening and was a part of it and perhaps even wanted to happen and get worse than it actually did. >> so we were reliving all of those images from that powerable horrible day. and still likely that the senate will acquit president trump of responsibility for what happened, it just struck me that this is not likely to be the last time that we grapple with the forces that drove those people to the riot. and i know you've thought in a very sophisticated way and you've reported quite a bit on where those forces are coming from and the underlying tensions in our country going forward. i'm just -- i'd be interested to hear what your takeaways are in terms of this trial's impact on those terrible divisions in our country and where we go from here. >> well, it is really important to remember that many of the people who stormed the capitol in the riots are still very deeply supportive of donald trump and perhaps more importantly supportive of republican politicians who mimic his style on social media and speeches and other forms of communication. and want to encourage them to adopt the approach to politics that they saw president trump adopt. you often hear people saying that trumpism isn't over and that appears to be the case because primarily so many who supported him still look at his handling of his position and the way he engaged americans and specifically those who are different from him in a manner that should be praised and further advanced. and they are going to continue to support lawmakers who share that world view. >> and people who frankly are a bit frustrated by the ways in which our country is changing and have been led for the last four years by a president who is willing to indulge their absolute worst instincts. eugene scott, thank you very much as always for getting up early with us. and still ahead here, courts don't typically let cats argue cases. we will explain why an exception was made during this virtual hearing. i was very happy to have this laugh yesterday in the middle of this trial. ♪look at what's happened to me.♪ ♪i can't believe it myself.♪ ♪suddenly i'm up on top of the world...♪ maybe it is dirtier than it looks. ♪should've been somebody else...♪ it is dirtier than it looks. try new tide hygienic clean. i'm morgan, and there's more to me than hiv. 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experience. you can shop the latest phones, bring your own device, or trade in for extra savings. stop in or book an appointment to shop safely with peace of mind at your local xfinity store. and i'll be frank but, we changed what we were going to do on account that we thought the house manager's presentation was well done. after he is out of office, you go and arrest him, so there is no opportunity where the president of the united states can run rampant in january the end of his term and just go away scot-free. the department of justice does know what to do with such people. >> i'm sorry, what? the "new york times" reports that from former president trump was enraged by attorney bruce castor's performance there. the associated press reports that trump admitted to being impressed with the democrats' opening presentation and castor looked weak by comparison. you be the judge. the former prosecutor announced that the team had switched the order of their appearances in response to the democrats' powerful opening and a source close to the trump legal team told nbc news there was a strategy to the switch saying this is about lowering the temperature from the democrats' emotionally charged opening argument before dropping the hammer of the unconstitutional nature of this impeachment trial that is some spin. joining us now, chuck rosenberg. good morning to you. we just tried to pull together some of the most eyebrow raising moments from mr. castor yesterday. i wanted to pick up specifically on the line that he delivered about arresting the former president. seems like a very strange thing to say about your own client. and i wondered if you could offer any explanation or just offer your perspective as someone who has dealt with a lot of these kinds of things before as to what exactly it was we saw there. >> i watched him yesterday. and to put it charitably, meandering was -- i think that is about as kind as you can get. when you have absolutely nothing to say and you say it for a very long time, that is how it sounds. and the notion that they were surprised by what the house did. there was no surprise there. their strategy was abundantly clear. so this notion that you had to shift your presentation around in response to that surprise delivery by house managers is also baffling. to your specific question, right, it makes no sense to me that defense lawyer would tell the senators that they don't have to convict him in an impeachment proceeding because the justice department can investigate him and prosecution him. while that is literally true that the justice department can do that, these are completely separate forums with separate remedies. and the senators have every right to convict the president if they think what he did ought to be grounds for impeachment and disqualification from future office. it was a rambling meandering presentation, it was not company here rent, there was no a apparent strategy and it was painful to watch. >> you'd think if you are going to suggest that the former president might be arrested and put in jail, that the impeachment question was in fact in order and maybe they should do that first. let's talk a little bit about the new evidence or -- we didn't know a lot about what it will be, we just know that they will offer new evidence here in the trial because it is clear watching the video that so many people committed crimes when they overran the capitol. and the big question for the managers is tying the president's words and actions to the actions that we saw in those horrific videotapes. what do you think the burden is on them right now in terms of trying to demonstrate that? >> sure, great question. so i think house managers, prosecutors for our purposes here, are going to go as broadly as they can focusing not just on january 6, although that is a really important date, but everything leading up to the election, post-election, and to the speech on the elipse and the riot at the capitol. they will go broad. and we saw some of that yesterday by the way, rioters saying that they were going to the capitol because trump had encouraged them to do that. that they were there for trump. that trump was the boss of the members of the house and senate, although that is constitutionally false of course. prosecutors will go as broad as they possibly can. defense lawyers to the extent they have a coherent strategy t. they weren't inspired by trump, at least not for sort of legal, criminal purposes. they acted independently and that trump's speech, whatever you may have thought of it on january 6th and i thought it was vile and vulgar, whatever you thought of it, trump didn't have the intent for the rioters to do what they did. more over, they will also argue that trump's speech was protected by the first amendment. we can talk about that, if you want. i think it's a red herring. but i think that's how the two sides approach today. >> and we're going to have much more from chuck on "morning joe." we look forward to that analysis as well. chuck, thank you so much for getting up early, extra early with us today. i really appreciate it. earlier on in the show we asked all of you, why are you awake? we got this from one viewer who sent us a photo of his little guy next to his way too early food bowl. it must be breakfast time. yes, dogs watching "way too early." i love it. janine tweeted up way too early because hubby got his second vaccine and he couldn't sleep. so neither did i. we got this from nancy, nobody told my body that i'm retired. fair. and barbara emails to say she's up to finish "the new york times" cross word puzzle before the day begins. at least i'll have accomplished one thing today. you know what, that is a big accomplishment if you get this done. i also got this note from 234ik who says a month ago i was waking up at 3:00 a.m. this is an improvement. i woke up an hour before my alarm this morning. i'm there with you. coming up next the axios one big thing 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look how the shirt on the left attracts pet hair like a magnet! pet hair is no match for bounce. with bounce, you can love your pets, and lint roll less. ♪♪ welcome back. joining us now with a look at the at axios am, jim and have hide. always great to see you. what's the one big thing today? >> one of the things you and i talked about a lot is what does the republican party look like after donald trump. and beyond the stylistic side, substantively you now have marco rubio and kevin mccarthy and other republicans talking about moving away the party of big business, more towards focussing on the working class. and we saw it obviously with donald trump with working class whites. but what they're looking at is some of the successes that donald trump had in some states with working class african-americans, working class hispanic voters and looking if there's a different coalition they can stitch together, particularly in 2022. part of this is by necessity. remember, a lot of these businesses have said they're not going to give any money to any of these republicans who voted to try to invalidate joe biden's victory. part of it is just looking at what's happening with demographics. where is the republican message resonating. that could be a really substantive shift that would have really nothing to do with donald trump other than he started it. you don't necessarily need him to keep doing it. interesting to see if rubio/mccarthy rhetoric holds true running into 2022. >> so, jim, this makes total sense to me and you can hear it in all the messaging and rubio has been taking a particular lead on that. i think my main question about that is does it work without trump, the personality? to a certain extent we saw a little of this in georgia. clearly a lot of people showed up to vote for donald trump and for whatever reason weren't interested in votes if he wasn't on the ticket. 2018 had a little bit of that as well. can other republicans pull that off without trump as the face of the party? >> it's a big question that's going to hang over politics until donald trump's off stage. we don't know, right? we don't know. donald trump so changed the republican party. the coalition is no longer rich white guys. now they look at the plumber, the electrician, the construction worker. and that was donald trump. that wasn't the republican party rit large. and so when you hear mccarthy and rubio talking ability, some of this is of necessity. like the base they had doesn't feel big enough to command a majority. they're trying to figure out where are the weak spots in the democratic majority they can pick off. we don't know. that's why for the next couple years in addition to the side show of what does trump do or not do, there's a very substantive debate what it means to be a republican. there's a lot of polling in the last couple weeks that really captures the divides inside the republican party. they used to be for reforming social security. they used to be for reforming medicare. now republican, at least at the base, they want to protect those programs. they need that money. they want that for retirement. they want that for their healthcare. that's a profound change. the interest in corporate tax cuts might be huge among business, might be huge among the big pacs. not that big of an issue with the rank and file republican. so trying to figure out what does that coalition look like post-trump and who can command it into something that could resemble a majority. once trump is not there, it's not clear who gets to define it. i don't think rubio or mccarthy will define it. it's probably someone you and i aren't talking about it. >> josh hawley will make a play for that, too. jim, you mentioned the split inside the republican party. and the impeachment trial is really highlighting that. we saw one more republican bill cassidy vote and he essentially said, yeah, the argument that the defense made made no sense. i voted that this was constitutional. you also have mcconnell signaling that it's still okay and a vote of conscientious if you say, okay, maybe this trial wasn't constitutional but i do think the president deserves to be convicted for this. what does cassidy's change tell you, the fact that no one else went along with you, what does that tell you? and what does it mean for how these two sides of the fair fight things out over the next couple years? >> well, one, talent matters. when you make a bad argument and lose a republican you're otherwise going to have because they made a very lackluster argument that i think we know how republicans are going to vote when it comes to conviction. we know that donald trump probably not going to be convicted by the republicans. not going to be enough republican votes. and a lot of them will just hide behind the idea you don't think you can impeach a president who is no longer president. the bigger divide will be who sticks with trump if trump decides to stay on the national stage. and so far when you had people like mccarthy making journeys to florida to kiss the ring and show they're still loyal to him. that shows you where the party is right now. >> yeah. sure does. jim vandehei, stand by for "morning joe." thank you so much for joining us on "way too early." as we head into today, again, the critical question, how are democrats going to offer new evidence to link what donald trump did or didn't do with that horrifying video we all saw play out yesterday. thank you so much for getting up with us way too early on this wednesday. don't go anywhere. "morning joe" starts right now. their argument is that if you commit an impeachable offense in your last few weeks in office you do it with constitutional impunity. you get away with it. >> my name is bruce castor. i am the lead prosecutor -- or lead counsel for the 45th president of the united states. keep saying prosecutor but i do understand the difference, mr. raskin. >> conduct that would be a high

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