caught in the crossfire of ukraine and russia. the news continues. i will hand it over to chris cuomo for "primetime." the coverage tonight matters more than any other night so far, and why? we know what is going to happen, and we have for a while, but we didn't know it would happen like this. an acquittal has always been the highest probability because of the numbers, but probably in the clear by wednesday, but what a cloud will forever hang over the impeachment of donald john trump. we were waiting to see how a party would try one of its own, and now we know, they will try him not at all. no witnesses. the only outcome here is a unique brand of outrage that must be addressed in this country. special coverage continues right special coverage continues right now.

-- captions by vitac -- www.vitac.com and let's go with the least important thing, what happens now? this is incrementalism, and the closing arguments monday and hold on and listen for a second. why? why not just end it? the democrats, and they want to keep it going. no, they don't. it is about the republicans, and you know why? you know why they want to give people a debate when they want it to the end? because this is why. they want to come in front of you and say the following and i know this, because we have heard it already. what he did was wrong and i wouldn't have done it and i don't endorse it. it is inappropriate and impeachable and i think they met the burden, but i don't think that he should be removed and yet offer you no other solution. and they want it both ways, because this is done out of fear of president trump. so now, they have to sell it to you, because you know that is what it is. you know that not having the witnesses and forget about the

outcome, because i have argued to you many times that you can have a good-faith argument, but what the president did seems obvious as was the reasonabing, and not corrupt, but to say no witnesses, i have to hide the reality to you. so now a politician will have it both ways. i don't like what he did. i wouldn't do it. i am better than that, but he has a complete pass. that is where we are and you know the expression "mad as hell, and not going to take it anymore." and watching what happened in the senate. so take it to the table with david axelrod and michael smerconish and let's start with

you, ax. it is just that i want to vote that they can't have any information to vote on it. >> and yes, we have gone from the long way of he did nothing wrong, and a tribute to the case that the house managers presented that was hard to, you know, hard to ignore and hard to deny, and what lamar alexander said yesterday was that i don't have to hear from john bolton, because i believe what he said that the president did. and it would have been uncomfortable to hear john bolton recount the details of the conversations to reinforce what the president did. but this is the problem of what we are left with. if you are voting to acquit, you are saying that there is no penalty for what the president did. and you know, a few cya words on the record in the next few days is not going to change that. i mean, i have said that why

don't they come back after they have voted to acquit the president and vote a censure resolution to say to the country and the world as he will, i have been vindicated and exonerated when he clearly has not. >> if they want to say, van, i don't like what he said, but they are not saying that at all, except for empty words and part of this is a wager on their part, you cannot beat him. your party cannot beat him, and he is the biggest threat so they have to get in line, and no matter how ugly it is, because it will pass and keep their position. what do you say? >> well, it is a very sad day, and i think that we sometimes get in the muck and the mire and the back and the forth, and the democracies are fragile, and the democratic are publics are the rare, rare exception and not the norm. so they really do depend on both sides playing the long game. and tomorrow always comes. at some point, there is going to

be another president and congress and if you establish a precedent where the president can do whatever he wants, and even his own party won't say at the level of censure, and we have ideas of how presidents are supposed to work and what you are doing here doesn't fit, you are creating a fragile situation for the country. so unfortunately, i do think that we are hunkered down over the tweet cycle and the news cycle, and not seeing the leadership saying that we have to do something to send a signal for the commander in chief to conduct himself or herself when it comes to foreign affairs, and that signal is not sent and it is the opposite signal. it is not bad for the president or the par i, but it is bad for the president and the republic and this is why it is a sad day. >> and now, the man who taught us, it is the reasonable man on the clap of the bus, the reasonable man michael smerconish, and so how do you see when i should not be as

upset about the failure of process as i am, and not the outcome, the acquittal, but the process? >> i won't talk you out of it. the split in the senate today is the reflective of the split in the nation, and there was never national consensus of the impeachment or impeachment/removal, and think they alexand saander spoke for and so we have rendered the opinions without the facts. i know, chris, as a lawyer, that no amount of review of documentation and depositions can replace what is it like to set the eyes on the client or the witness. the venality of what has gone on here is something that we cannot fully appreciate, because we have not seen these people, and you know i am referring to john bolton and mick mulvaney and two or three others.

and yes, there were lots of witnesses, but not the witnesses who could have given us the bird's eye perspective and the intonation of the voice and the words that he actually used. >> van, back down the line to you about something, because this is rubbing me the wrong way also, rubio, and murkowski and others saying it is the division, the division in the country. and we have lived through a hell of a lot worse than politicses who are scared of one man to do his job, and this country has gone through severe cataclysm and come to a better place, but i don't believe it is about us, but it is about them, van. specifically about one group of politicians with yielding to one party, and that is not what is happening in the world, but it is what they are making happen in their world. >> i think that if you are going to narrow down what is happening in the senate, and you are feeling frustrated with what you

see, it is going to turn out that probably the most important name on the ballot in november may not just be donald trump, but it may well be mitch mcconnell, because you do want and expect a majority leard at some point to see that the process feels fair. maybe you have a pinky on the thumb, maybe a pinky on the scale, but not the boot on the scale so that nobody on the other side can feel good about what is going on. so so the extent that we focussed so much on the presidency and the senate and who is in those chairs and mitch mcconnell in particular has become much more of an issue for the party line going forward. >> you guys shape the next generation, and you teach, and organize and ax, you are at the university of chicago, and kids are coming up to you, and we both know, come on, ax, you know it is a joke. it is all a joke. they do just what is good for them and you know, man, we live through this and how do we cure

this? >> listen, i think that the point that van was making is the one to stress which is democracy is a fragile thing, and it is a participation exercise, and what alexander said was, well, we have an election in 10 months and if people were disturbed by what they saw, they should be motivated in the election, but i am concerned and look, i fight that all of the time, and the sense of jaundice among the young people who are worldly, and they want to improve the world, and committed to it, but they have real doubt about these institution, and that is really dangerous for us. you know, it is beyond trump and these individual senators, because they have not only have they given a green light to a president to do things that were plainly wrong and dangerous, but they also surrendered their own prerogatives a as co-equal

branch of government and saying that you can resist, and you don't have to submit to the impeachment, and we won't call evidence and give you a pass, and what message is that is going to send to him and future presidents, and what message does it send too t the american people about how we are functioning. and the truth. michael smerconish, and the me can be bigger than the we, and that one man can be a system. one man can have enough power even in america to dictate when an entire party does solely on the basis of fear of their own position and power. how is that not true? >> at least in the short term, it is accurate. but monday is a new day. i know that is relied on as a defense of the president by those who said, settle it at the ballot box, and they got their wish, and so we will see what unfolds. >> we will, and that is for

sure. ax, van, mike, this is a tough night, and not because of the outcome, but, man, when they tell you that they know something is wrong and they won't let you see the proof, that is a tough day to sell to anybody to keep believing. and the democrats in the jury, thank you, gentlemen. how are they going to spin this? not in the political and toxic way, but how do you deal with this and work with the other side when you have to wait or the president to tweet, because they can't do anything that he tells them not to do, nothing. we will talk to a prominent senator next. when you look at the world, what do you see? we see patterns. relationships. when you use location technology, you can see where things happen, before they happen. with esri location technology,

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the biggest part of this was the witness question, because we know thatitics, and we know it is about votes and the president's party would acquit, and the witnesses were everything, and would they give you a fair process. would they risk you knowing from the same people that they say they needed to hear from to expose what that acquittal is really about? so now, no witnesses. that means it is really over, and this president will be a victory lapping man soon. but what does the message, what does the message do to us? let's bring in ranking member of the senate veterans affairs

committee, democrat jon tester. senator, thank you for joining us tonight. >> it is great to be with you, chris. thank you. >> so, i have to ask you how to keep a semblance of a smile on your face when today america got proof that president trump conquers all, and conquers any notion of fairness, any principle of fairness over party, and he has stepped on it and crushed it with the vote today? >> well, i am incredibly worried and i had a friend of mine email me and asked me how i am doing, and i said that the we have to be worried about where we are going. we have to have checks and balances, and the legislation and the judicial, and you went to the classes, but we threw it out of the window today. and the precedent for the future is incredibly disturbing. this is a great country.

it is a great country, because the past generations have sacrificed and sacrificed greatly and they did not stick their finger up in the wind to see what way the wind was blowing and they made decisions is on facts, and if it cost them their job in the senate, sobeit, and in the house? sobeit. they made the decisions to the best of the american, and we have to get back to that and this is disgusting. >> and you will reach across the aisles, and not be tied to what the head of the conference tells you, and that is no partner the gop right now. after something like today, how can you even believe that you can get anything done unless you are doing exactly what this president is telling the republicans to do? >> well, look, you have to compartmentalize this stuff. i think that there was one good thing that happened today and at least good from my perception,

and i had heard on the floor that there was a lot of pressure put on by the president that he wanted to wrap it up tonight so he could go to the super bowl and crow, and go to the state of the union and stand up and thump the chest, but that didn't happen. that didn't happen because there was a negotiations that ended up with an argument that made it not happen. that is a good sign. and quite frankly, in the end, chris, i still have to work and do stuff like help traumatic brain injury and ptsd and make sure that the american family farm and agriculture can survive, and good infrastructure is going to happen across the aisle, and even though i despise what happened today, but in the meantime, we have to make sure that we work as hard as we can and even though a lot of it was flushed down the toilet today to hold the branchs of the government accountable for the people of this country.

>> why would the people believe of any such accountability, when you can't even have witnesses. they didn't have a trial here. i totally understand a good faith argument that what the president did and what he did is wrong, and arguably illegal, but not worthy of the removal, but no witnesses. why should people have confidence in the system? >> i tell you, chris, i cannot debate you on that, because the system failed. it is not because the constitution is bad, but it is bad, because the people who were enforcing the checks and balances, and didn't read the constitution. i have been listening to the house managers and the defense for the trump lawyers, and i will tell you that it is an open/shut case unless we can get some people from the white house like mulvaney and pompeo and others to say that under oath this did not happen. if they are willing t ing thing

and not purgeri perjurering the then that is different. >> and yes, when one person has an ally and you keep them from testifying and now the colleagues are coming out to rub the salt in the wound and saying what he did was wrong. what he did was wrong, tester, and probably impeachable, and they met the burden, but the division. the division is not about us, because the country has lived way worse than you guys, but the division is about them, and what they are doing to any idea of collegiality of the senate and let alone the congress. >> and i will tell you that if this is not an impeachable offense that is laid out and unless somebody comes up with something that blows you out of the water, and if this is not

impeachable offense, then we don't have in the country, and if you va president who takes a foreign government to use it to investigate a u.s. citizen who happens to be a political enemy to get the goods on him to influence the next election and corrupt the next election, and tell me what is worse than the president writing checks out the himself? >> well,ly te li will tell you s worse is working hand in hand with that person and then not letting us know it. knowledge of doing what is wrong, and who knows with trump, and who knows that he is not aware that he should not be doing it this way, and he only sees what he wants, and he does not understand the right ways to do thing, and the story of his life, but to know the right thing and do the wrong thing is going to be falling on left and right in senate to get back confidence in congress. >> one other thing pointed out several times, and it is a fact, and we have seen it since the trial begun, there is more and more information that is going

to be coming out as time goes on, and people are looking at the news media doing the work of the united states senate, and frankly, the united states senate is the one who should do this work. it is going to be coming out next week, next year, three or four years from now, but the truth will come out, and it is going to show that the united states senate has failed the american people. >> there is a movie "training day" with denzel washington in trying to say that you can't come get me even though he was a corrupt cop and he would say king kong ain't got nothing on me, and those are words from donald j. trump, because you can't touch me, because i am bigger and more powerful than all of you combined. that is what it says. >> it was not a great day in the united states senate, i will tell you that, chris. >> senator tester, i do not en ji the task in front of you, but god bless you in trying to

restore the people's belief in good governance. >> thank, man. it is always good to talk to you, chris. thank you very much, and thanks for keeping the government in check to the best of your ability. >> that is the job. hmm, some job we are all doing. i mean, there is plenty to go around letting it get to this point where you can fake the funk on the process and say, yeah, and by the way, i do think that he did the wrong thing. this is not a good day for anybody no matter whom you support or what you believe in, because if the rules are not follow and the game can't be fair, that is a problem for all of us. so, the political implications. nancy pelosi is right, the stain on this president will never go away, and you can't get rid of impeachment like a censure, but what is the real consequence? how is the president feeling tonight? maybe he is watching right now, and you know, he is happy and he should be because he knows now more than ever what he values

most, he has got them. he has the party in the grip of the hand and when he squeezes, they squeak. pick up what happens next with mccabe and baker next. ♪ applebee's new irresist-a-bowls starting at $7.99 for a limited time.

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now, look, the senate may have voted to keep you from hearing what is obviously heard, but you are going to hear it. you are going the hear from john bolton and get the book, and the people around this president, and maybe too afraid to say anything to him or about him in the open, but they leak like a sieve, and so the truth of what this president knew and did and why, and it will come out. that is what we are for in this democracy. but what does it mean ogoit oin forward? top notch investigators andrew mccabe and jim baker. so jim, the idea that the information comes out, and when will it matter and how? >> well, first of all the president is not out of the woods here, because it is a few

more days here and i am surprised they let the process go on, and so maybe he may grow a spine over the weekend and talk to the press. that is certainly possible, and throw a monkey wrench into the mcconnell's plan and the senate's plan and that is first thing that he has to worry about. all of the information that continues to come out supports the democrats' original case, and there is going to be more of that as you suggested, but the real thing here is to figure out how to constrain is the president, and what can the democrats do now that this is not an option. the president is extremely effective of wielding the power of the presidency, and the democrats have not been able to constrain him effectively and they have a lot of tools in the tool box if they decide to use them, and now they have to figure out what to do. >> and andrew, i have been shy about bolton, because in the current process the republican senators don't care what it is,

and i don't mean it cynically, but as a matter of factually, they don't care. so bolton is suggesting that cipollone could be a material witness here and he knows things, and that is a ethyl cal pr -- ethical problem, and should he be representing the president, because that is in the weeds, and what is more in there for bolton other than cipollone being his lawyer? >> i don't think that there is much significant to it in terms of what it may cost mr. cipollone in terms of his own bar license and facing questions and inquiries about whether it s is permissible. >> why? >> because he should have recused himself from representing the president under these situation, and so the co-conspirator in the meeting that bolton tells us about how bolton is instructed to set up a

meeting between giuliani and zelensky and that is in the presence of cipollone and mulvaney, but this is not a court case and we are not in front of the federal judge, and nobody is going to be stepping into the courtroom tomorrow and demand that cipollone is removed as counsel for the president. >> so it is back to mechanism. >> yes. >> and they just voted down witnesses, jim. no lower bar for are you open to doing the right thing than witnesses. i mean, if anything, the witnesses would have helped the president's side, because i still believe that bolton, and we know the worset of what he is going to say, and how they coul or bolton, and who does this with investigations? >> i don't know about

investigations, but this is a low moment. and the president wields the power, and the power flows from the support of the people, because the people are still in charge in the country. they still are. and this is what they seem to want. at least. >> 75% of the country including almost 50% of republicans wanted witnesses. i don't think that this is about the us. i think this is about him though, jim. >> where were they? were they calling the members and telling them that? the people are in charge and they have the power, and they need to exercise it. you can't answer a poll, and think that miraculously the senators are going to fall in line. you have to be active and this is a participatory democracy and they have to take the action to excerpt the power that they have over the members of congress and the president, but, you know, if anything, this is a whole crazy process that it has revealed what is up to the people, and now they have to decide between now and november how to hold the

president and members of congress accountable, and get into the voting booth in november and exercise their vote which is a true source of power and that is what i am thinking about now. >> andrew. >> i hate to disagree with my colleague, but this senate, and this house, they don't care about those phone calls, and you have seen the same numbers of support for reasonable gun control laws and that is60% of this group has not managed to take any effort in that direction. they don't care about the phone calls, but the pressure from this president. it is true though that at the end of the day what matters are vote, and if people are outraged which they should be, they need to get out and vote. >> this is something that i almost never do. and you are both right, because if jim is right and they get out and vote, and these men and women remember that it is not just one guy that you so be

afraid of and not one guy that you are answerable, they will vote you out, then the phone calls are relevant and start to worry about your constituency, and you know why, andrew? because they are having it both ways with the fulgazi statements, and i am really sad that the senate has not done its job when i am voting not to let it do its job, and they are wiggling and they don't want to see as malignant as they are in the moment, and they are, and the truth must win out. and so, thank you both. and history, and this period is going to be rebd fmembered as ag time and probably remembered as a moment that we should be embarrassed by. we have special coverage continues about what is the context going to be? what would have mattered in the moment and what still matter?

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in 2016 i warned thatt donald trump was a dangerous demagogue, and when the republican congress wouldn't hold him accountable, i went to work helping run winning campaigns in twenty-one house seats. it's time for the senate to act and remove trump from office, and if they won't do their jobs, this november you and i will. i'm mike bloomberg and i approve this message. through the at&t network, edge-to-edge intelligence gives you the power to see every corner of your growing business. from using feedback to innovate... to introducing products faster... to managing website inventory...

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impeachment trial of a u.s. president, and this is going to appear like the other two did with the president staying put, but i think that an argument can be made that this one will be remembered differently. let's get perspective. alec lickman and joe lockhorn, and professor, would you like to reject my premise that this is going to be remembered uniquely or they blend together? >> they do not blend together. you know, the clinton trial for covering up a private consensual affair is a mere blip, and two profoundly historical developments of this trial. number one, it represented one of the last gasps of the traditional republican party in america. donald trump has trashed virtually every principle that the republican party has professed to stand for. personal responsibility, personal morality, gone, limited government, fiscal responsibility, states rights, gone, and respect for

traditional institutions, gone, and so what we are seeing here is the only thing that the republicans have to fall back on is trump. the second critical thing is this incredibly pernicious doctrine perpetrated by alan dershowitz lets the president off of the hook, and subverts the democracy and as long as he does not commit an indictable crime, the president can do whatever he wants to cheat in the election, because he thinks it is in his interest to win, and that means he could use the legal declassification authority for example to share all of the nuclear secrets with the chinese and the russians in return for helping in an investigation. and so including you and me as reporters and historians, because dershowitz said he can order any investigatiinvestigat so what we have had is an incredible scandal that began in

2016 with vladimir putin's intervention on donald trump's behalf in the 2016 election. it ends with the dershowitz doctrine turning america into at least a version of russia and turning the american president into virtually a russian clone who could subvert our democracy and cement his power at will. >> well, dershowitz has been making the argument for a long time. and the onus is on those who decide to accept it. joe, one thing that the president has to be happier than anybody else, because putin must be jealous to see place of power that is almost impossible, but here, he got them in line, and they won't allow the witnesses to speak about the truth. >> well, he may not be jealous since he is rewriting the constitution now to give himself an endless term, but i agree with everything that the professor said, and let me go

further which is the separation of the powers and the gathering of the power in the presidency and the shrinking congress. i argued forcefully in 199 th19t the president should not be removed, but it was an example of congress asserting the power over the executive branch . i did not think that he should be impeached, but they did. the senate had assertion and access to witnesses and the documents and they made a judgment. >> and wound up having the republicans going against their interests, and voting against. >> yes, and one democrat who voted to remove him russ feingold, and that is asserting the power of congress. now we are living in a place where no president in the future is going to feel any compunction to cooperate with congress, and that is imperialism. and so the biggest difference of

1999 and now, and this time, the president acknowledged his mistake and apologized. and donald trump said i did not do anything wrong and i will do it again. >> follow up, professor. >> i agree with joe. let me take it a step farther, it is not just the imbalance of president and the congress being upset, but this is something that the republicans have stood with power and checks and balances and also undermining of the checks and balances between the president and two other critical institutions. first is the judiciary. trump's lawyers have come before the judiciary and said that we have absolute immunity to do anything to block the congress, and you, the courts, you cannot step in to overrule us, and you know how many times trump has attacked the courts. moreover, the president's lawyer said, well, when the president follows the law under foia and

under a court order he released the documents. you saw the documents, chris, they were useless, and everything important was blacked out. and finally, the other check on the tram mpling on the presidential power is the free press which is no longer a critical institution, but a enemy of the people and something to be trash and attacked an disparaged in favor of his own big lies. we know that if you say something loud enough and often enough no matter the lie it is, and no matter if you have made 16,000 lies like donald trump it sticks and he never wants the press to check that. >> gentlemen, i appreciate the perspective. as we go to break, i want you to be careful in one thing, because i don't put all of this on the president. even the original story of frankenstein, and it is about who made him. you make your system vulnerable,

and you play down what integrity means and play down the process and you have shown him the plain sight how the game can be played and figuring out how somebody can game the system when you made it so easy. so where should we be tonight, and how should you feel? one name, beal, beal. there was a man named beal once who told us exactly what to do right now. my argument is next. i use rakuten to get cash back in-store and online. or anything i want to buy is going to be on rakuten.

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people who know the truth of the president's words and deeds. that takes us to the worst part. i argue. now that it's safe, here come the republicans admitting the truth. first came tennessee senator. i think it was inappropriate and wrong for the president to do what he did. and it was proven. the question is whether you apply capital punishment to every offense. in this case the answer is no. it's not the question. the question is how can he think you should decide what the consequences and then vote to deny you the information to make that decision. and that job of spin there is from a guy who is retiring. florida senator rubio. just because actions meet a standard of impeachment doesn't mean it's in the best interest of the country to remove a

president from office. doing so would inflict extraordinary and potentially irreparable damage to the already divided nation. now you want to say it's impeachable? talk about inflicting damage. keep your mouth shut and your head down. now, you say he was rightly impeached. but deny people access to the proof of the same and then you complain about division? you are creating the division. you called trump a con artist who should be selling fake watches. who is selling junk now? this isn't politics, this is poison. here's another dose. alaska senator murkowski. supposed to be open to both sides. it is sad for me to admit that as an institution the congress failed. sadly at a low point of division in this country. she said if you're sad don't be

the problem that you are sad about. you vote to not have witnesses? that you have been carping about? we need to know. don't let them play you. the division is not about us. our society isn't failing. they are the problem. politicians who choose tribe and trump over truth. position and party over a position of principle. i'm talking about both sides. i'm looking at you gop. this is the first time we have seen a party try one of its own and sadly confirmed all cynicism about you people not being able to be about anything bigger than yourselves. you want to play what aboutism? fine. you made putin jealous tonight. how you cower before trump. democrats are not the same. democrats after clinton when

after their own over something less important than this. the president went under oath. star got everyone and their aunt. he went from a real estate mess to a blue dress. republicans sided with democrats to acquit and that president apologized. >> now that the senate has fulfilled constitutional responsibility, bringing many process to a conclusion. i want to say again to the american people, how profoundly sorry i am. for what i said and did to trigger these events and the great burden they impose on the congress and on the american people. >> by the way, he felt he had been done dirty and still said that. leader demanded it was right. you have the exact fear the

founders made manifest by a president who lies to your face. calls you names and mocks you in his party. he may as well have grabbed lindsey graham and shook him upside down as the current si of their credibility fell from their pockets like lunch money. if they think what it was wrong and impeachable. removal was too much. that's what you'll hear. it will fill the screens. they'll salvage their souls. censor him. assuming power not confirmed to him by the constitution. in the movie net work, there was this famous call to out rage against politicians and the systems doing you dirty. go to your window, scream you mad as hell and not going to take it anymore. i'll tell you what, i hope your voice echoes all over this country. denying you due process was

wrong. let them know that you know what they did and you are mad as hell. that's the argument. now, this impeachment trial what do you think it's done for the president? i'll show you. it's a big time bolo. hould work as hard as i do. that's why i use my freedom unlimited card every time i get gas. give me a little slack! with freedom unlimited, you're always earning. i said i need some slack on pump three! ♪ applebee's new irresist-a-bowls starting at $7.99 for a limited time. [happy ♪irthday music] ♪ don't get mad,

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bolo. be on the lookout the fear that trump will now feel free to do more of the things that he shouldn't do. already seeing it. out on the in michigan kp iowa making at least 27 false claims on just 25 topics chl sometimes repeating them in rapid succession. accomplishments throughout the year. 2016 election and crowd size. when you know that no one can check you, what is there to stop you from ignoring all rules and

standards? your inner code your principle? will that matter now? with this president trump. be on the lookout for the answer to that question. thank you for watching. "cnn tonight" right now. >> gii'll give you the pep talk. glass half full. he can be checked. even if folks wait until november. my question is when you make a decision, you stick to it. why are the senators wanting to talk? they want to clear they guilty conscious? reach out to the constituents saying i did what was right in my heart. but he did something wrong. i don't want to hear it. your vote says what you thought. it's exactly what he said. they proved their case but we didn't want to put him out of office. that's up to the american people. whether they want to put him out of office. to not have