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Until just before 2b a. M. , a long 2 00 a. M. , a long day with the most significant moment coming at the beginning a retreat from Mitch Mcconnell, and the most heated moment right at the end. It was well after midnight when chief roberts scolded them for their language and rhetoric in the chamber. He even whipped out the word heady fogging. Stop it. Really. Well play it in a moment. Republicans successfully stopped everything offered by democrats. As well as documents for from four different departments. The president was impeached and is on trial for allegedly abusing his power to investigate the bidens and then blocking the investigation into his actions. In the end, republicans approved Mitch Mcconnells rules for this trial. The majority leader made changes after getting push back from both moderate and conservative members. Both sides will now get three days for opening arguments instead of two. And the evidence from the house investigation will be the trial resumes this afternoon. The arguments of House Democratic managers. So a lot to get to. Lets begin with lauren fox. She is live on capitol hill. It was a late night, lauren. It was. This all wrapped up just about four hours. It will be the second day of this impeachment trial beginning at 1 00 p. M. Heres what you missed just earlier this morning. The senate is adjourned. Reporter just hours ago, the senate finished their first day of President Trumps impeachment trial ending a marathon session stretching well into the Early Morning to establish the rules. Theres a reason were here from 5 00 to midnight, and thats because they dont want the American People to see whats going on here. Reporter the tension, evident as both sides sparred over the blocking of witnesses in the house investigation. President does not want you to hear from ambassador bolton. And the reason has nothing to do with executive privilege or this other nonsense. So far im sad to say i see a lot of senators voting for a coverup. Voting to deny witnesses. An indefensible vote. Obviously a treacherous vote. Ill tell you whats treacherous. Come to the tfloor of the senat and say executive privilege. Reporter at 1 00 p. M. , chief john roberts had enough issuing this warning. I think it is appropriate at this point for me to admonish both the house managers and the president s counsel in equal terms to remember that they are addressing the worlds greatest deliberative body. I do think those addressing the senate should remember where they are. Reporter Senate Democrats presenting 11 amendments to the floor pushing to include new evidence and subpoena witnesses Like White House acting chief of staff Mick Mulvaney and former National Security adviser john bolton. We believe witnesses and documents are extremely important. We will not back off on getting votes on all of these amendments which we regard as extremely significant and important to the country. Reporter and one by one the amendment is tabled. The amendment is tabled. The amendment is tabled. Reporter republicans voting mostly across party lines to block all of them. They never subpoenaed ambassador bolton. They didnt try to call him in the house. And they asked that the case be mooted. And now they come here and they ask you to issue a subpoena for john bolton. Its not right. Reporter but republican senator Susan Collins breaking from the gop to support the tenth amendment requesting to allow more time to file responses to motions. Cnn has learned collins was part of a group of about 15 senators that earlier in the day pressured Senate Majority leader Mitch Mcconnell to make a significant change to his rules. In handwritten revisions, mcconnell updating his resolution to give both house impeachment managers and President Trumps defense team three days to make their case. And evidence from the house investigation will be automatically without requiring a vote from the senate. And as this drug on throughout the day, i should tell you that you started to see a change in scene on the Senate Chamber floor. Essentially what started as senators in their seats attentively listening turned into senators starting to mull around, passing notes, walking to the back of the chamber, having quiet conversations in the back of the chamber. You can see this started to wear on the senators throughout the day. Like we said, theyll be back at it at 1 00 p. M. Today when we expect that the house managers will begin to make their case. Or some were flat out sleeping. They might be under the desk right now because its not worth going home. Thank you. The chief justice is going to be in the court. Burning the candle at both ends. Theyre not digging ditches listening to people talk. There are harder jobs in the world. Joining us now joe lockhart, john avalon, margaret talev. And i want to start, if youll allow me at the end with the chief justice of the United States speaking out louded ed admonishing both sides. Its interesting. Two, i think this is a microcosm of what happened yesterday and what might happen over the next few days. Where democrats are really trying to focus this on being a coverup and put pressure on republicans in that chamber. The president s defense team is trying to make this about anything other than the actual charges against him. And the chief justice in the senate is trying to get through this. So watch. I think it is appropriate at this point for me to admonish both the house managers and the president s counsel in equal terms to remember they are addressing the worlds greatest deliberative body. Whats the upshot from that moment . Look, i think he obviously said in equal terms. The senate has not done a great job of distinguishing itself as the worlds best deliberative body in recent years. I think in the overall substance of the day, the key difference was that the republicans and the Trump Legal Team ran into a fire wall of their own making. Because the president has been so fixated on playing to his base that they havent done the adequate job of putting forward evidence to support his arguments. It is essentially anned a h homonym attack. Where theyre more often than not going to be admonished for not living up to that standard. Hay havent been dealing with the facts because they havent had to. Theyve been playing to the base. Now theyre in a different arena. This is the senate with the chief jths watching. And you cant simply attack your way out of this problem. What struck you from yesterday . Well, i thought the chief jt justices comments were aspirational. You have two sides talking past each other. What happened, the gravity of the situations. The republicans are sitting trying to provide sound bites for sean hannity, tucker carlson, and lauraingraham. Its what they did in the house. Thats why the justice said he was not really speaking to the house managers, he was speaking to the president s legal team. You dont think he was talking to jerry nadler about using the term coverup . Well, then hes going to admonish him many more times because the democrats are going to use that phrase. What he did was accused the senators of covering up. Thats where the senators believe a line was crossed. So i think he was definitely speaking to both sides there. But i do think, margaret, its interesting. Because the entire battle yesterday, if you look where the war was fought, it was fought over the issue of a coverup. That to me was the exact ground where democrats want to be yesterday and over the next several days. They came prepared. The house managers came out with a Clear Strategy not just with visual aids, but i think with a goal to make that argument. It wasnt as clear to me that the president s lawyers were as prepared for what was effectively that was the opening of the trial. Yeah, and john, i think yesterday did serve as a good preview for the Broad Strokes of what were going to see today. The opening arguments today will be a chance for adam schiff and the other house impeachment managers, this group of men and women from geographically diverse backgrounds, different backgrounds, to lay out the case of impeachment. While were still waiting to hear on the precise details of how this is going to unfold, we know it starts around 1 00. We know it can go until 9 00 or so tonight. That weve got three days of these House Democrats making their case. And this will largely be a case for the public because what is different about the opening arguments is it is a chance for these house managers to lay out their case without the ongoing interruptions from the president s legal team. And then in a couple days, vice versa is true. So therell be all sorts of things that well hear about whether it has to do with lev parnas or the gao report or other elements of this where we havent yet had the votes to understand whether these sort of facts bits of information will be submitted into evidence. But for an opening argument, its fair game. So today will be a little bit like yesterday, but with less back and forth and a little bit more sort of literary sweep. And i think the place to watch is the president , because if his team is not pushing back, he may feel pressed too. Hes going to be on a plane back from davos with a phone in his hand. Good to know. These 11 amendments were struck down for the documents they say they need from the state department, from the department of defense, from witnesses, subpoenas for witnesses like Mick Mulvaney. And interestingly if we look back in the time machine in i like me a good time machine. 1999, Mitch Mcconnell really wanted to hear from witnesses. He believed in witnesses. Listen to this. Its not unusual to have a witness in a trial. Its certainly not unusual to have a witness in an impeachment. My view was that we were entitled to live witnesses. Had my vote prevailed, theyd have been live witnesses. I would have been prepared to vote for whatever the house managers wanted in terms of their trial. What happened yesterday . Why did he strike those down . Spoiler alert, where you stand isnt necessarily where you sit in washington. Theres a reason this moment is supposed to be more solemn. Theres a reason the oath of impartial justice should be there. Look. During clinton impeachment hearing, you know, Chuck Schumer argued against witnesses. We have that sound. We dont have it right now but weve played it before. We just uncovered what Mitch Mcconnell said. Great job by the file again. Heres the important thing. Theres never been a senate trial. President ial impeachment or of judges where witnesses havent been called. I do think democrats laid out that argument for why it was necessary you are going to hear it a lot more and you should. Because mcconnell was right in 1999. Theres got to be witnesses for a trial if its about a search for the truth. Thats a good context. That theres never been an impeachment trial without witnesses. Really great. Thank you, all, very much. Also cnn has a new National Poll on the 2020 race and it shows some big movement in the democratic field, so well bring you our new poll numbers in just moments. And new overnight, the Budget Office released nearly 200 pages of never before seen documents related to the impeachment case against the president. Well tell you what they reveal next. Robinhood believes now is the time to do money. Without the commission fees. So, you can start investing today wherever you are even hanging with your dog. So, what are you waiting for . Download now and get your first stock on us. Robinhood. Quitting smoking is freaking hard. St, like quitting every monday hard. Quitting feels so big. So, try making it smaller. And youll be surprised at how easily starting small. Can lead to something big. Start stopping with nicorette car vending machines and buying a car 100 online. Vented now weve created a brand new way for you to sell your car. Whether its a year old or a few years old, we want to buy your car. So go to carvana and enter your license plate, answer a few questions, and our technowizardry calculates your cars value and gives you a real offer in seconds. When youre ready, well come to you, pay you on the spot, and pick up your car. Thats it. So ditch the old way of selling your car, and say hello to the new way at carvana. All right. After a really late night last night, day two of the trial will start with Opening Statements. Something interesting happened yesterday and that was that Mitch Mcconnell set out these rules and then they changed. They changed sort of dramatically because everything we talked about yesterday in terms of the time length and what evidence would be submitted into the record changed. Heres the back story. This is cnns reporting. While moderate senator Susan Collins led the charge in all about 15 senators argued in favor of changing mcconnells resolution. A republican aide told cnn. That included some of the president s staunchest allies. So how did this happen . Its funny because i was just settling in to watch and i looked at my phone and Phil Mattingly was saying they changed the rules. I said that changed the whole game here. I think mcconnell lost control of his caucus. He was too draconian and had to climb down. Were the changes going to change the trial . Probably not. It may change the outcome on the vote for witnesses. Because you see there are people here in the caucus who are not willing to die on any hill for donald trump. Most hills but not any hill. I think for the moderates up in this cycle, they face a difficult ten days. Because i guarantee you between their opponents, project lincoln, the bill kristol group is going to be running adds in that state saying they voted 11 times, whatever the number is to keep evidence and witnesses from coming into the trial. Theyre covering this up. What does it tell you there was this discomfort in the Republican Caucus . It wasnt just Susan Collins. It was 15 of them like mike braun, tom cotton. There was discomfort with where mcconnell was going. And even after he changed the rules, Susan Collins said she is likely to vote for witnesses. Not just shes going to entertain it. Shes likely to vote to hear witnesses. Yeah. I thought that statement was pretty telling. Mitch mcconnell has understood for some days now this is really real. It is entirely possible that his hand is going to get forced on the witness question. And what will he do next . And so hes a strategic thinker. And what hes doing and part of what republicans are doing in the senate is sort of front loading their willingness for concessions. So it makes it a little bit easier for him in a few days when he can say, look. Ive been listening to moderates in my caucus and democrats and ive already changed the pace of this. It was going to be two days. It was three days. So the idea that it lets off some steam on the front end is real. But some of this is also not just theater. It is also real. There is a real likelihood that theres going to be enough of a republican push that there may still be an effort to call john bolton. I think this is a big question. Youve heard the white house and the president s supporters sort of promote the idea that thats not a real thing. Thats never going to happen. I just dont think we know that yet. And that could be important to the way the rest of the trial proceeds. I still dont know its going to change the outcome in acquittal versus nonacquittal. But in terms of shaping the public view of this, it could make a real difference. And another question even as we watch these opening arguments is whether this will all how much of this will happen in public, how much of this would happen in deposition format. Theres a lot going on behind the scenes that these test votes kind of illuminate. But its not totally a transparent process. There are a lot of conversations going on right now about what the votes exist to do and how mcconnell should proceed in each of those different scenarios. Of course this is a dynamic process. But Mitch Mcconnell tried to jam this through yesterday and it didnt work for his own caucus. And the question is not whether the president s going to be removed. No president has been removed. That bar is very high which it should be. The worlds greatest deliberative body can agree that facts matter and agree on a common set of facts. As we saw last night in the middle of the night, omb releases new emails showing the president and the administration has not been telling the truth. New information comes to light, it seems, every single week if not more. And it doesnt fit the white houses fact pattern. Listen, i think that it would take a political earthquake for the president to be removed. Its all about setting the stage for november. The senate is in play because theyre not doing their duty. The president is getting hammered every day and hes going to his base. Were going to look back on this in midnovember and say this shaped it. Thank goodness for freedom of information acts because these 200 pages had been released before midnight last night and it shows the emails, the flutter of emails going back and forth at the omb about the hold. So theres all this confusion. Now, let me tell you something. This is what a lot of the emails look like. They are so heavily redacted. But between the lines, you can still read the confusion among people like duffey and mckasker whos saying, whats happening . Why is this happening . And the timing on the day it was released, the sort of haphazard nature of having to quickly get it out because it had been found out and people were investigating. I think the big point is the answers are out there to a lot of these questions. If people want the answers and evidence, its here. You can get it. And the president s lawyers made clear yesterday and this i give them credit for making this point clear. Which is they dont want any more information out there. The information that they were exculpatory evidence, wed know it. The rest is damning and theyre going to make sure the American Public never sees it. All right, friends. Thank you very much. The president obviously is on trial while he is overseas. Were waiting to hear from him any moment now to get a sense of how this is all affecting him. Stick around. [ sirens ] have you ever wondered what the motorcade driver drives, when theyre not in the motorcade . [ car engine revving ] this one drives a volkswagen passat. Robin hood and little john runnin through the forest laughin back and forth at what the otherne has to say theres a booking for every resolution. Book yours at booking. Com but one blows them all out of the water. Hydro boost with hyaluronic acid to plump skin cells so it bounces back. Neutrogena® and for body. 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Happening now, the president is preparing to head back to washington from meetings in davos in switzerland. The president will speak in just moments as the impeachment weighs on him. Jim acosta live in davos to get a sense of i guess the president s mood, jim. Reporter yeah, john. This was a scene of duck and cover yesterday. We were with the president and many of his top officials including ivanka trump. And they were just getting as far away from the cameras and as fast from us as possible when we were trying to ask questions about the impeachment trial that was getting underway in the senate. The president was essentially giving us his usual talking points its a hoax and a witch hunt and so on. Earlier this morning here in davos he did speak with cnbc and essentially repeated the same lines of defense he always gives about this impeachment process. And so the question i think, john, is whether or not the president is knocked out of these talking points during these press conferences he plans to hold. Ill tell you, i talked to a senior white house official yesterday that assured me today there would not be a press conference. And now were having a press conference. It sounds as though after the president was trying to hide from the cameras yesterday hes wanting to engage and get his voice out there. We know the president was watching. He told cnbc that. We also heard from white house officials yesterday that he was periodically checking in on what was happening during the impeachment trial. He thinks his defense team is doing on okay job so far. He seems to be happy with all of this. I think you were just having this discussion a few moments ago. This is all coming down to a fight over witnesses. This is going to be the story of this impeachment trial. At least the way its unfolding right now. They are fighting over the idea of whether or not people like the former National Security adviser john bolton will testify. I talked to a senior white house official last night who said, listen, yes. The white house, the president s defense team, they are prepared for the possibility that somebody like john bolton could testify. They would prefer that is done in a closed setting. So at the very least, we might potentially see john bolton testify in a closed setting. But i think its very telling, john and alisyn, at this point all the president s defense team is willing to stand for at this point is john bolton behind closed doors. That is obviously not going to go well with a lot of americans that want to see witnesses. Jim, thank you very much. Well see what unfolds today. There seem to be surprises built into every day. Theres also this brand new cnn poll on the 2020 race. And it shows one candidate making big moves. Thats next. Im bad. Youre stronger than you know. So strong. 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You may pay as little as zero dollars for botox®. Ask your doctor about botox® for chronic migraine. You got this. So not just breaking news, but breaking now. We just broke it. As in right now. A brand new National Poll on the 2020 race that we are releasing now. You are the first to see this. It shows Bernie Sanders and joe biden ahead of the pack. Elizabeth warren and Pete Buttigieg significantly now behind the front runners. The Biggest Movement definitely coming from Bernie Sanders. Steadily rising since october. Joining us now, david chalian. David, this poll looks different than the ones we have seen. It does, john. Because of what you said. This sevenpoint Movement Since our last poll for Bernie Sanders. And for the first time in the entirety of this campaign in cnns National Polling, joe biden doesnt have the lead position all to himself. Theres now a shared top tier between these two front runners. Take a look whats behind those numbers when you look at white voters and nonwhite voters. This is key. Sanders there is making up some ground in joe bidens core strength. He is now getting to a place you see with 30 of nonwhite voters. Biden has 27 of nonwhite voters in this poll. This has been an overwhelming advantage for biden throughout the entire campaign. That is no longer the case in this poll. Remember, this is one poll. We will look to see as other data come out if other polls look like it. The other thing i want to point out here is that Bernie Sanders is consolidating the liberal base. He has been battling back and forth throughout the fall with Elizabeth Warren about getting those liberals together. If you look over time here you see back in october warren had a slight edge. December, they were about tied. Now Bernie Sanders has consolidated that liberal base. 33 of selfidentified liberals go with him in this poll. 19 go with senator warren. It explains or might help explain some of the things that warren has done over the last few weeks. Electability has been very important to democratic voters up until now. What are we seeing with that . And it is still now, john. Take a look at this number. 57 say they are looking for a candidate whos more important for the nominee to a strong chance of beating President Trump than only 35 who says shares your position. Weve seen an erosion of the electability priority in december. Well, this is bouncing back. And take a look. We asked potential democratic voters, well, who is the person you think can defeat donald trump . Who has the best chance . Joe biden still has this as a very core strength. 45 in this poll say he has the best chance to beat trump. 24 sanders. 8 warren. 7 say that about michael bloomberg. Thats interesting. Because thats counter to the fact that youre seeing all this movement from sanders. But they still think that joe biden has the best chance. So that leads us to enthusiasm. So what does it say about that . You know, alisyn. Enthusiasm is critical. When youre thinking about getting your supporters out, its a key component to that. That right now is a Bernie Sanders category. Take a look. Youll see hes at 38 in terms of you would be enthusiastic if Bernie Sanders was the nominee. He was at 39 in october. Look at joe biden and Elizabeth Warren there. Theyve dropped since we asked this in october. Warren went from 41 to now 29 . 43 in october for joe biden. Now at 34 . Sanders and biden are about the same there. Theyre competitive there in the margin of error. But weve seen drops and sanders is holding steady. You were careful whenever talking about the headtohead matchups with President Trump in polls. It is not predictive. We are not suggesting it is. What it does tell you is where voters are today. What does it tell us today . Yes. Its important we look at this in two different ways. Look at registered voters in this poll. What is that snapshot right here. And you see here we tested six democrats here. And they are all besting donald trump numerically. And you see Amy Klobuchar there is the only one within the margin of error. Everyone else tested is outside the margin of error. Then we looked at the 15 most competitive states. We looked at this universe of battleground states. Look how much more competitive this race gets. This is what were talking about, the difference between popular vote and electoral college. This is the battleground. Every one of these races is within the margin of error. All of them. And so this i think it shows you how competitive this general election looks from this distance of january of the Election Year even with impeachment going on, even with the 43 approval rating. You see competitive matchups there. David chalian, thank you for this hot off the presses poll. Really interesting. All right. Its day two of the president s impeachment trial. 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Molly our np orders tests, makes the correct diagnoses and prescribes the medications we need. David my name is david and i choose an np. Molly my name is molly and we choose nps. Np consider an np. Visit we choose nps. Org to learn more. I can worry about it, or doe. Something about it. Garlique helps maintain healthy cholesterol naturally, and its odorfree, and pharmacist recommended. Garlique the House Democratic impeachment managers will begin to make their case against President Trump with opening arguments at 1 00 p. M. Today. For more on what we should expect, cnn legal analyst elie honig joins us. Elie, thank you. Youre going to take us through what were going to see today. Yes. Yesterday was an important procedural day. Today we get to the heart of the matter. So we will be hearing today even though this is happening in the u. S. Senate, not from the senators but from the house impeachment managers. This is the team of seven democratic members of the house of representatives. Theyll be speaking. I would expect adam schiff to lead off. Then i think youll see different portions broken up to the different managers. One who stood out to me yesterday was hakeem jeffries. He was on point and he capped one with a quote from notorious b. I. G. You have to give him points for that. How will it work . Starts at 1 00 p. M. And then the house managers will have 24 hours over three consecutive days. This three day is a change. The original rule was two days. Now they will have three days up to eight hours each. But a big important thing for our viewers to know is consecutive. Weve gotten into this rhythm where theres a back and forth. Yesterday it was house managers, then trumps team, back and forth. In the house, we had these five minutes. Today it is going to be all house managers uninterrupted today, tomorrow, and the next day. And then the defense team will get their three consecutive days. So thats a really important distinction. Even into saturday, we should tell people. Including saturday. Tune in saturday, yes. I know today is technically the opening arguments, but it seemed like the house managers went in yesterday and said youre going to let us speak. Were going to tell you what you need to know now. Were not waiting. Sop what do you think were going to hear from them . They did. And the phrase opening argument is a little bit misleading. In a regular criminal trial, an opening argument is like a preview, a coming attraction. I dont think i ever went more than an hour. Now were going to see three days worth. And as adam schiff told us yesterday, the opening arguments here could be the actual not the trailer, but the movie himself. Lets listen to adam schiff how he described it. The Opening Statements are the trial. Theyll either be most of the trial or theyll be all the trial. If the senate votes to deprive itself of witnesses and documents, the Opening Statements will be the end of the trial. How to pardon the expression ass backwards it is to have a trial and then ask for witnesses. Chief justice did not admonish imfor that. John a appalled. Every time i try to Say Something about it, you cross it out of the scripts. This is new day. So what will the evidence be . And what the democrat wills do today, the house managers, is try to weave together the evidence into a compelling narrative. Yesterday donald trump tweeted all caps, read the transcript. I think democrats are going to say, please do. The july 25th transcript will be back. You will see it. You will be reminded of this key phrase from donald trump. I would like you to do us a favor though. Also, these witnesses you remember from a couple months ago who testified in the house, you will see video clips of their testimony replayed back today. I think youll see some memorable moments like when fiona hill said this was a domestic political errand. And Gordon Sondland said everyone was in the loop. When holmes overheard donald trump on a cell phone asking about investigations. I also think youre going to see adam schiff and his Team Highlight the missing witnesses. Theyre setting up for the vote thats going to follow about will we have witnesses. These are the four missing witnesses. Look for the house managers to say here are voids, here are gaps in the information that these witnesses can fill. And finally, expect the house managers to use Donald Trumps own words and the words of the people close to him as one of their most powerful exhibits. I think youre going to see clips these like. I have news for everything. Get over it. Theres going to be political influence in foreign policy. What exactly did you hope zelensky would do about the bidens after your phone call . Well, i would think that if they were honest about it, theyd start a Major Investigation into the bidens. Likewise, china should start an investigation into the bidens. Theyre going to make donald trump the star witness in the impeachment trial of donald trump. Thats really interesting. They dont need him to show up. They would like him to show up, but they have a lot of videotape. Theyve got him on tape, got his twitter. Its all in play. I have to tell you. My big question is how much are they going to make the coverup, the idea of no witnesses be the main argument they make over the next three days . I think theyre going to have that be a big part of every sentence. Absolutely. Mitch mcconnell backed down on his impeachment trial rules after republicans, a whole bunch of republican senators pushed back. So how significant is that . What does this tell us Going Forward . Next. Well im standing here, looking at you, what do i see . Theres a booking for every resolution. Book yours at booking. Com i feelbusiness cards. Newg logo. Outdoor sign. N. You always get me. Now, get free 1 hour instore pick up. At Office Depot Officemax and officedepot. Com. 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You had to scratch things out at the last minute as you were going to extan. The house impeachment managers gathered over the impeachment process. So what does it tell us that Mitch Mcconnell backed down . Shawn duffey and charlie dent. Let me start with you. We learned there was a Senate Meeting where up to 15 were. It tells me on the time frame far too much. And there was real resistance from the members. And it wasnt just Susan Collins. I think it was smart to extend it from two days to three days to hear Opening Statements. And i think they were also wise again to admit the evidence from the house more easily. Brought him tell you that some republicans might be feeling at home over this. Well, i think a lot of republican senators people want this trial to be seen as fair and i think the democrats are making a reasonable argument demanding that certain witnesses like mulvaney, like blair, like Michael Duffey and john bolton all be brought forward. I think those are reasonable requests. I think it will be very hard for republicans to resist the witness request. The question will be four votes. I suspect there will be. There was new polling out from cnn which showed that 69 of americans feel there should be witnesses. We have a plurality of republicans that think there should be witnesses. Do you feel that that might be weighing or how do you feel that that might be weighing on some of these senators as they listen to these arguments . Listen, i dont think this outweighs on the opinion. I think they look to their home states. Here in wisconsin by a 12 point margin, wisconsinites dont favor impeachment. 40 support it. I think they look back to their home states as to how theyre directed in the impeachment proceedings. With regard to witnesses, i do think adam schiff controlled the whole house and the whole impeachment narrative as he went through the investigation. He did have a choice to call these witnesses, to subpoena these witnesses in the house. And he didnt subpoena them. He called them. And they said no. And they said no. And then the white house tried to block them. Correct . John, you know this very well. When off disagreement with the white house which is the executive branch, you go to the courts to decide the differences. And adam schiff didnt go to court. He said im not going to call them. Im not going to subpoena them. I have an overwhelming case. If schiff has an overwhelming case, go to the senate, present the evidence that youve created in the house, and let the chips fall where they may. I think thats where the American People in the end will end up viewing the senate procedure. You know who disagrees with you on this argument . Mitch mcconnell. The 1999 version of Mitch Mcconnell. Lets play that. Its not unusual to have a witness in a trial. Its certainly not unusual to have a witness in an impeachment. I voted for live witnesses myself. Had my vote prevailed, theyd have been live witnesses. I would have been prepared to vote for whatever the house managers wanted in terms of putting on their trial. How can you call Mitch Mcconnell wrong, congressman duffey . What im going to say today is going to shock you, john. Im going to tell you that Chuck Schumer is right. Because Chuck Schumer in 1999 said we should have no witnesses. We dont need to call witnesses. This is a political show. Thats what Chuck Schumer said. What i think this indicates, john, is that this is partisan. This is politics. In 1999 it was. And today it is. This isnt seeking the truth. I think a lot of republicans at least where i come from think that democrats have been trying to impeach donald trump for three years. Theyre trying to put a stain on his record so they can have an influence in the 2020 election. And in the reference made to what Chuck Schumer said with witnesses as well. Charlie, i do wonder that if this becomes a discussion over the next ten days or longer, it already has become this discussion about what will be admitted and whether or not they will allow witnesses and whether or not they will allow new evidence, this is the ground it seems to me that democrats would like to fight on. For the next few days. This seems to be a point that theyre trying to make, yes . Yeah. The democrats are smart to want to fight this out over substance. Frankly, i dont think the democrats look very good good when argue excessively about procedure because its so arcane. Nobody cares that much. But i think theyre on better ground when theyre talking substance. Now, to be fair, you know, the democrats, they rush this thing in the house. We all know this. They had an arbitrary deadline at christmas. They are rushing this thing to meet the deadline. To the extent theyre focused on substance, i think the democrats are prevailing and making a compelling case for witnesses. And also to be fair, look. The white house certainly did stonewa stonewall. They did stonewall witnesses from coming forward over there. But at the same time, i think sean duffy is correct they didnt want to fight the privilege battles. Now they expect the republicans to do it. They should have had a negotiated agreement on witnesses and then we could move on. Congressman duffy, if you bumped into john bolton on the street or at a cocktail party, would you ask him what he knew or what he saw . Wouldnt you be curious about what he could tell us about what happened behind the scenes and whether he could inform this discussion about what the president did and why . No, listen. No. I dont think that john bolton really plays into the fact narrative. And if he did, adam schiff would have called him, would have subpoenaed him. He did call him. Whyd he call it a drug deal . Charlie and i both know we were house members its frustrating. We called in the Obama Administration to provide us witnesses and they claimed executive privilege. When we wanted to push back on obama, we went to the courts. Fast and furious was a perfect example. This is the way the system works. And if you wanted john bolton and Mick Mulvaney, go to the courts and fight that battle there. Not now in the senate. All right. Were going to turn it into a messy show. Thank you very much, both, for being with us. Well talk to you again in the next several days. All right. Its the second day of President Trumps historic impeachment trial. It will begin in just hours. But new day continues right now. Theres a reason why were here from 5 00 to midnight. Thats because they dont want the American People to see whats going on here. Once you hear those initial presentations, the only conclusion will be that the president has done absolutely nothing wrong. Everybody who wants to see john bolton march in or Mick Mulvaney march in, theyre going to be sorely disappointed. Republicans were voting over and over again not to allow witnesses or documents. They are

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