>> this motion, the yays rated three in the nays and 17 and the resolution is agreed to. it. >> mr. president. i moved in support of impeachment adjourned until tuesday february 9th of 2021. under the provisions. >> on the motion. all in favor and oppose say no. and the yays tablet and in the

senate is adjourned until tuesday february 1:00 p.m. >> majority leader. the senate will be in order. the clerk will call the roll.

[roll call]. >> in just under an hour, the u.s. senate has moved forward and begin the process of the senate trial, the impeachment trial former president donald trump per unit essentially and the kids to constitutionality of

these proceedings, the rand paul raised a point of order against moving forward, a constitutional point of order. and it was argued against by senator chuck schumer is a majority leader. the vote there was 55 in favor of tabling that motion and 55 senators and it was a 50/50 50/0 split in five publicans agreed that the measurement of rand paul should be tabled and it was and they also great by a vote of 83 - 17. to the rule city for the rules of the impeachment trial which will get underway on tuesday. february the ninth at 1:00 p.m. eastern . we will have the live urine "c-span2". and those rules include issuing a summons for the president and his attorneys to respond to. so we are two weeks away from the trial getting underway in earnest in 1:00 o'clock in the afternoon on tuesday february the ninth party to the senate right now, so they finished their impeachment business

sitting in the court of impeachment. they're in a quorum call right now. and as this horrible continues, pushing the comments from earlier this afternoon from senator rand paul on why he is objecting having objecting on the constitutional basis on impeaching of former president. >> is nothing more than a partisan exercise to further divide the country. democrats claim 20 unify the country. but impeaching a former president, a private citizen is the antithesis to unity. democrats praising avoiding but impeachment of a democrat to preside over the trial is not fair or impartial partied and hardly encourages unity in our country. unity is the opposite of this travesty that we are about to witness. if we are about to try to impeach a president, where is

the justice. if you accused the no longer present, where is the constitutional power to impeach him. private citizens do not get impeached. impeachment is for removal from office. the acute-care has already left office for unit hyper- partisan democrats are about to drag our great country down into the gutter of vitriol, the likes of which has never been seen in our nations history. instead of doing the nation's work, the new majorities in the house and senate in the executive branch, democrats are wasting the nation's time on a partisan vendetta against a man no longer in office. it's almost as if they have no ability to exist except in opposition to donald trump. they might have to legislate without him. and to actually convince americans that their policy prescriptions are the right ones. democrats are about to do

something that no self-respecting senator has ever stooped to. democrats are insisting the elections ours actually not over. as they insist on regurgitating the bitterness of the election. this sector money, they are about to unleash has never before been tried. why, because calmer heads has typically prevailed in our history. allowed public opinion to cast blame where blame is deserved. in this sham of an impeachment, will ask whether the president incited the reprehensible behavior and violence on januare said, i know everyone here will soon march to the capital to peacefully and patriotically make your voices heard. peacefully and patriotically. hardly words of violence .

bulleted democrat words. what are democrats incitement to violence. no democrat will honestly ask whether bernie sanders incited the shooter the nearly killed a person. in the shooter nearly pulled off a massacre. i was there. he fervently believed inflammatory rhetoric spewed by burning other democrats such as, the republican health care plan for the uninsured is that you die. it is about bernie supporters, nearly killing him and shot whenever coaches and two or three of our staff. and he screamed, this is for healthcare. ask me or anyone of that incitement. no democrat will ask whether booker incited violence when he called for his supporters to get up in their face. the congress people. a very visual and specific incitement for you to know democrats will ask whether

maxine waters incited violence when she literally told her supporters and i quote, that using a member of the trump administration, and restaurant and edit no department store, at a gas station or any place. you create a crowd . and you push back. is that not incitement. my wife and i pushed and surrounded and screamed out by the same type of mob the vaccine liked to inspire. it is terrifying to have a swarm of people threatening to kill you, cursing at you and literally holding a hostage until police come to your rescue. that night, we were assaulted by the crowd. i was not sure if we would survive even with the police protection. the no democrat has ever considered impeaching maxine her violent rhetoric. in fact, republicans to our credit have never once thought it legitimate to formally censor

or impeach these democrats for unit no republican but to use the government to hold these democrats responsible for an tivo and black lives matter violence that is consumed our cities all summer . and resulting over a billion dollars of destruction, looting and property damage. not one republican said let's impeach the democrats are inciting this. because it would be ridiculous. any in the democrat side of the aisle cheered them on. kamala harris, famously offered to pay the bill for those who were arrested. order shall be brought up on charges of inciting violence. for that now that she is vice president. she kamala harris be impeached for offering to pay for violent people to get out of jail who are burning our cities down. no and no republican has offered that because were not going down the road that the democrats have decided this low road of impeaching people for political

speech. should republicans impeach the democrat of seattle. who incited and condoned by this by calling the armed takeover, a summer of love. any republicans tried to impeach her. on june 8th of the new york post citing the u.s. justice department statistics reported more than 700 law enforcement officers were injured during the antifa black lives matters. nineteen murders at least ten including 77 -year-old retired police officer david dorn partied yet democrats insist on employing a test of enticement to a republican but they refused to apply to themselves. with the to raise their hand is if they have ever given a speech that fight for your country. who has not used that figuratively . and put every politician in jail or are we

going to impeach every politician was used the words fight. figuratively in a speech. shame on these angry and his partisans opening for this sham impeachment . deranged by their hatred of the former president. shame on those who seek blame and revenge and choose to pervert the constitutional process by doing so. i want this body on record, every last person here is that you think politics should be. we have no crazy partisans on the other side of the aisle trying to censor and remove to the republican senators for their political positions. i disagree. i do not think that congress should overturn the electoral college. when impeaching or censoring or expelling a member of congress it you disagree with. is the truth so narrow that only you know the truth. with the undersigned think there

is only one set of truth. you can only interpret it this way for unit we have seven senators on the other side trying to expel censor or impugn, to senators on the side. and i defend them, not because i defend the position. i disagreed with their position. but you cannot impeach censor and expel people you disagree with. what is coming to. in a few minutes, i will insist on about to affirm that this proceeding that we are about to enter is unconstitutional. an impeachment of a private citizen is illegal and essentially a bill. in the no sensitive fairness or due process would allow the judge in the proceeding to be a partisan democrat already on favor of the impeachment. this is a sham this is for unit a travesty. a dark blot on the history of our country read i urge my

colleagues to reconsider this report and move forward to the great issues of our day. >> the theory that the impeachment of the former officials unconstitutional is flat out wrong by every frame of analysis . constitutional content context and historical practice and presidents and common sense. it has been completely debunked by constitutional scholars from all across the political spectrum. in the junior senator from kentucky protocols from the constitution about this and it's impeachment powers. he left out another. from article three and section two". judgment in cases of impeachment should not extend further than to removal from office and disqualification to hold and enjoy any of us trust or profit under the united states. if the framers intending impeachment to be a vehicle to

remove city officials from their office they would not have included that additional provision. disqualification from future office. the constitution also gives senate the sole power to try all impeachments. some of the past sin is decided on this question. in 1976, present grand secretary of war, literally raised to the white house, headed in the resignation before the house was sent to vote on his impeachment and not only do the house move forward with the impeachment, but the senate convened across trial and voted as a chamber and mr. bell now could be tried for acts done a secretary of war, notwithstanding his legacy resignation.this is crystal cle. the history is clear. the senate has the power to try former officials. and the reason for that amazing

common sense. and it makes no sense whatsoever that a president or any official could commit heinous crimes against our country in the defeat congress' impeachment powers. and avoid a vote on disqualification. by simply resigning. or by waiting to commit that offense until the last few weeks in office. in the theories of the senate tried former officials would amount to a constitutional get out of joe plea card bringing presidents to convincing impeachable offense. ironically, the senator from can takes intent kentucky's emotion would due to injury to the constitution by rendering his qualifications because effectively moved. so again, by constitutional text, common basic sense, it is clearly and certainly constitutional to hold a trial for a formal official. former president trump committed that you have any include myself, the greatest offense

ever committed by a president of the united states. the senate will conduct a trial for the former president and senators will render judgments on his conduct. therefore, the point of order and still founded in case, premature. the senators want this issue debated. it can and will be argued during the trial. >> you saw the majority leader they're just a short while ago making a motion to table this raised by senator rand paul of kentucky. that tabling was the successful party 55 - 45. they tabled the motion, 45 republicans voting in favor and with senator rand paul including the minority leader mitch mcconnell. the five republicans work senators collins, devaney and markowski and romney and sachs and senator pat toomey of pennsylvania. in the impeachment will gavel and for his trial beginning on

tuesday, thyroid ninth at 1:00 p.m. eastern we will have live coverage of that here on "c-span2". the city continues in session. they are in a forum called earlier today. they approve the nomination of anthony lincoln. the 78 - 22 and the rest of their red legislative session this afternoon is underway and continuing and so will we hear and "c-span2".

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[background noise]. >> there you go. good afternoon everybody. and thank you are joining us. would think our great leadership team, for joining us as well forget it we had a very good virtual caucus meeting an hour ago. we are all energized by the opportunities that are ahead of the new senate majority. our entire caucus agrees that we must have big, strong, bold action. to deal with this crisis. the last six years, leader mcconnell and the republicans turn the senate into a

legislator graveyard. and that leader mcconnell has relented on his demanded that was preventing the senate from moving forward with an organizing resolution. we can begin work to help the american people get out of this crisis and make america bigger and better and stronger. as i have been saying all along, the senate will deal with three things simultaneously. nominations, working to confirm nominees this week. there impeachment trial. in delivering emergency covid-19 relief. we want to work with our republican colleagues to advance this legislation in a bipartisan way. the work must move forward. preferably with our republican colleagues but without them, if we must. time is of the ascent . to address this crisis and we are keeping all options open on the table including using budget reconciliation. the first step to pursuing

covid-19 relief to pass a budget resolution and so in keeping our options open, honor caucus call today, and formed the senators to be prepared that about a budget original intent resolution could come as early as next week. senator yes. >> yes, it is a year ago. it was a year ago this week. that that first coronavirus patient was diagnosed in my state of illinois. one year and she traveled to china. she came back to the suburbs of chicago and was diagnosed with covid-19. that was the first that we saw in our state. a year later, 1 million people in my state have been infected by the covid-19 virus. in 19000 have died. in happening one year. we've not when this work yet

against this covid-19 for this pandemic. current situation politically though, were some people would like to think that we have. the very same people would say that d-day was so successful. we don't have to continues this week. can we end of this in the third quarter. that would be just enough for me. that does not reflect reality. we still have a battle to fight here. go home and ask people how much access they have to vaccine. and people don't. i can tell you in my hometown springfield, illinois. calling the same health department, trying to find a day when you can get a vaccination. even for eligible groups is 50/50. whether you're even will get through. and that is the reality of what we are faced with in terms of these vaccines. president biden has said is that we need to get serious about the sand now. we are not deadly serious about

this, and this is going be deadly pandemic, much longer. that means moving now . eating into the debates moving forward with passing legislation to extend vaccines to make sure the more and more are being produced. it is not the end of it. they have 70000 people in my state, 350,000 claiming unemployment benefits and 190,000 pandemic unemployment assistance and 210,000 pandemic emergency unemployment compensation is . these people do not have anywhere to turn. if we're going to cut off our benefits to them, it's fundamentally unfair to these families. i was in on the ground floor of the so-called common sense caucus, 908 carcass to the senators and the reason we came up with a bill that we did. we give to the leaders to complete in december. we said this was an emergency bill affecting the first quarter of the year.

so what about the rest of it. that is what president biden is challenging us to do to make sure that we do something with the rest of the year in terms of improving the economy. the cash payments for families, one can have a good argument as to the formula. i think we should. but the bottom line is these families are desperate for financial assistance and they need needed now. i will close. someone who is an expert on this, janet yellen said without further action we risk more painful recession and longer-term scarring of the economy later. we've got to help the american families across the board . to get them vaccinated into this pandemic behind us and give back to work. >> thank you. [background noise].

>> it is very clear their list is very long. but we are finally in a position to start acting on it . families and communities are grieving from this public health and economic devastation that covid-19 has caused. rather than downplaying this crisis, or dismissing struggle the people are experiencing, we are going to deliver on direct payment, childcare, vaccines, weekly important . getting our kids back into the classrooms. helping our state local and tribal governments responded to covid-19 without having to further undermine our local economies much more. going to fight for paid sick leave and raising the minimum wage to $15 an hour. we laid out this morning, they will also be moving to make sure the biden harris

administration's nominees are able to get to work on the massive challenges ahead of us. we will be ready to hold former president trump accountable for his role in citing january 6 insurrection to make clear that we reject his another's attempt to allow resource to whatever democracy in this country. our to do list is long and ambitious because it has to be given all that we face. i would also like to know that everyone in our country is struggling in this country. every family benefit from having the biden harris administration complete and able to tackle challenges like work in education and more in this moment. every citizen should be able to trust their elected officials who can set up for the rights to have their votes counted rather than overruled by bob. talk to the last two weeks of

unnecessary delay, we will continue to urge a republican colleagues to work with rather than against us. in this incredibly difficult pivotal moment for our country. but i also want to be clear that we are going to get things done . and is reportedly . families my home state of washington and other states . we know how difficult things are. we are going to get to work fast. thank you and i will turn into over to senator kavanaugh. >> thank you . i'm afraid of what senator schumer. [laughter]. i don't know. i am so pleased to be here with our senate leadership team. it is an exciting moment as we turn the page with president biden and vice president, harris in a new democratic in the senate. in the house. four years ago, in the same

time, play 17th, the made it very clear their priority was . he moved forward. the budget reconciliation to push through a 2 trillion-dollar tax cut for the wealthiest and most well-connected people in the country. we have a different priority. that we about. we care about everybody else was not included in the picture. the working families, folks in the middle class and people who are poor and low wealth americans who have been left behind and have been the ones at the front of this crisis. and working when we did not have to . we are assuming their essential workers . people over and over again who have been impacted by this crisis. so what the president has proposed and what we are working on is to robustly and quickly help everyone have their

capacity to be healthy and save lives and be able to get our arms around it so that everybody can get a vaccine. and also to focus on people's livelihoods. everybody's life has been turned upside down . and we understand that we have people who need to have not only their jobs, their small business, their farms. the children have got to go back to school. all of these things need to happen so that we in america can get back to living our les and safely. and give everybody a fair shot to succeed in our country. that's what we are about. i'm going to work our hearts out to get the dog. >> thank you. we will have to be quick today because we have to be on the floor at 230.

[inaudible]. and no part of the 2000 agreement. >> we hope we get a more open process . under leader mcconnell is been totally closed . is hardly did any legislative . tuner 60 mils . none of them self-guided a 41 have a more open process. the number one goal, then to get big bold things done. but to deal with covid-19 but also the underlying crises in america. such as climate and economic and racial inequality and making our democracy more perfect. that is our number one goal and we will try to work the senate so is much more accomplished than when mcconnell was leaning. [inaudible]. democratic senators in the

context - >> we haven't even seen the details of the bill yet. obviously that is a premature question but i think that our caucus has been united in that we need big bold change. >> ... ... >> how do you get ready for impeachment? should they be doing? >> they can study previous trials the how procedures operated. i think this one, the american people witnessed what happened.

we all witnessed what happened. you don't need to delve into detail of things you don't know as much because so much of it was clear. to me, what trump did was the most despicable thing any president has ever done i believe he should be convicted. >> [inaudible question] that something you consider -- >> i haven't had any discussions about that at this time. we are focused on getting the covid bill done. >> the impeachment trial, could you give thoughts on how long -- >> we are still negotiating on the trial so far negotiations have worked out pretty well. it's an agreement, they need

time for the boys to prepare. we want the time for covid and nominations focus to continue on that. >> he said you want a bipartisan deal and want to see the details in the package before you talk about reconciliation, how are you going to wait on replicants before -- >> we have to see what they say in the next few days. some of the comments have been disheartening. some have rejected things right now but we are always hopeful some of them will see the light and member. even in reconciliation, they can join us in both in the past. thank you, everybody. [silence]

[inaudible conversations] [silence] >> good afternoon, everyone. i think you now know, i think we've reached opportunity we are close to an agreement. in organizing resolution in place, as you may remember on the subject of the legislative filibuster, i've resisted the number of different rather aggressive suite during the trump administration on the subject of reducing the legislative filibuster, get rid of it in effect and reduce legislative threshold 51.

only protected the democratic majority in the senate for the whole four years. i thought it was appropriate for senator schumer to make the same statement probably that i had when i was in a similar situation. >> g without objection. >> throughout the presidential campaign, president biden spoke often about the need to unify the country. he talked about the need for people across our great nation to come together, emphasize with one another and amend divisions that exist in our societies. he echoed that same theme in his inaugural address sink without unity, there's no peace, only bitterness.

no progress, only exhausting outrage. no nation in the state of chaos. i agree with president biden that there is an imperative to restore unity stability throughout our country. the talk of uniting compromising together the early pages of the chapter read quite differently. for starters, there's the actions of our democratic colleagues trying to illuminate the legislative filibuster. they have praise the president's call for unity, bipartisanship while running to tear down the very rules that forced us to work together in a bipartisan way. we know the filibuster or cloture requirement requires 60 votes to close off debate. it is designed to encourage wholesome debate of the issues that confront 330 million americans. it's what distinguishes the senate and other o legislative

bodies. unlike the house of representatives, we need a simple majority to work your will, the senate requires 60 votes to be in agreement to eclose off debate before a bill can be passed with 61 votes or more. it forces us to do what sometimes we resist which is working together in a bipartisan way. the american people may believe it's in ours best interest for s to pass things on a bipartisan basis but it's not in their best interest. the closure requirement or filibuster rule was designed to prevent either party from steamrolling the other, that is a good thing. the new majority leader from new york has threatened to blow a up the filibuster is clear a path for radical agenda despite the fact that our democratic friends

results relied on the filibuster over the last six years as the majority party in the president biden himself, based on his 36 years of experience in the u.s. senate has affirmed theme importance of this 60 vote requirement. i'm glad to of our colleagues, one from west virginia and one from arizona on the other side of the aisle offered assurances they will not vote in the legislative filibuster but i am disappointed that only two of our democratic colleagues have done that. this should not be controversial or newsworthy to begin with. so far the majority of summit democrats been no effort for president biden's call for unity or bipartisanship. it's not just the actions of our democratic colleagues which have racaused concern. president biden himself acted

unilaterally time and time again by issuing a lengthy list of executive orders within hours of his inauguration. the policies president biden is addressing his executive orders should be addressed to here in congress with bipartisan legislationas. one of those was a 100 day moratorium on forcing bipartisan immigration laws which was joined by a federal judge in my state earlier today. it be better for the country if our democratic colleagues tried to legislate instead of litigating the executive orders in court. i think the experience with deferred action with ralph's is instructive. president obama in 2012 decided to take it upon himself to enact this new policy in 2012, it's tied up in the court for ensuing aid now going on nine years.

i support providing affirmative solution for daca recipients but it has to be done on a bipartisan basis, not just ordered unilaterally in the oval office or will cease lockdown lawsuits after lawsuit after lawsuit which i think will be satisfying to virtually no one. but on top of this program, president biden has been piling on additional immigration related actions and he's expected to issue more in the coming days. some of the most aggressive controversial moves we seen so far relate to energy policy. within hours of the inauguration, president biden canceled the permit with the keystone pipeline. there's no question for the biggest losers from that decision were already energy workers who stood to benefit from the jobs being created by the pipeline construction. unless anyone thinks this stops

the flow of oil from canada to the united states what's going to happen, what previously happened is oil was in the tankers and trucks and ships to their destination. it's not really stopping oil from blowing where it needed for low cost and reasonably cost energy, is providing a more expensive and more dangerous alternative. at a time when our energy industry is already suffering as a result of the pandemic, this project would have led to a positive cascading economic impact. good paying jobs, taxing revenues and economic business in local communities will evaporate because of this move. i wouldn't know in the rio grande valley along the u.s. texas border with mexico, president trump performed surprisingly well among hispanic

voters. people wrongly assumed hispanic voters only cared about immigration law. the truth is, the care about jobs and their family and ability to pursue the american dream which is why they over performed with they typically would and president biden underperformed what he typically would in a largely democratic stronghold in the rio grande valley. it doesn't stop there. the same day the biden administration halted on new leasing permits on federal land and water, rather than harvest natural resources which is one of the greatest benefit that nature has some for hundreds of biden administration out campaign to transition from oil and gas. i'm all for transitioning to cleaner forms of energy but we

have to deal with the reality to 80 million cars these engines on our toes. how are they going to work, take kids to school or live their life if all of a sudden the natural they depend on where the car is no longer available? this industry, according to a study directly or indirectly supports one in six jobs in my state and a pillar of our state's economy through high revenue, tax revenue, high-paying jobs downstream economic gains community across the states, driving oil and gas industry every day. it's also what happens to higher education in texas from

dedicated university fund and our ability to produce oil and gas will curtail, it will have dramatics unintended, too. this sure folks across the country but don't energy can get access to affordable and reliable energy in november 2000 the first time on record, united states export more crude oil and fuel and we imported, being dependent on other countries, we exported more than we imported. beyond obvious economic benefits, this provides series boost. and that of our allies. there's a reason we have been engaged in the middle east for a long time ever since churchill and britain decided to go from coal to oil the power of the british navy, we been dependent on sources of oil and gas primarily from the middle east

this has not only economic consequences, it also has national security consequences and also allows us to provide friends and allies around the world alternatives no longer have to rely solely on the mercies of vladimir putin for example, for the energyob supply which obviously can be used as a weapon in and of itself all of these gains are possible because of the hard-working men and women who work in the field and in refineries and energy producing state texas. covid-19 has had an impact on energy producers because man has dropped precipitously. we don't expect they're down take to last forever. it's coming back already asked the economy continues to open up more people from covid. we have hope later this year people will resume daily commute or work, office buildings will

come back on, nonessential travel pickup and energy producers will be running full speed once again. president lincoln foundation strong recovery, the biden administration is issue executive orders on american energy and more business to our international competitors. demonstrations carrying out theseha changes with from congress. i understand the president's desire for renewable energy and i think if you exported policies for congress, reading more friends and foes. i support the effort to drive down emissions. in fact, natural gas and coal fired power plants natural gas a driver of the progress we've made in doing that. we shouldn't stop there. we need to continue to invest in clean energy technologies to

reduce emissions while providing low-cost access to electricity the american people need to live and work. united states energy related emissions dropped by almost 3% in 2019, largely due to the use of natural gas for power. i'm a song supporter of renewable energy. we truly, in my state, believe in all of the above energy policy. we are the number one producer of electricity from wind turbines in the country. we produced one quarter of all wind energy in the u.s. and in our country, who be the fifth largest wind energy producer in the world. even the strongest supporters of renal right now, renewables alone are not feasible for our there sometimes when the sun doesn't shine in wind doesn't blow so we need a backup force

of energy. last year nobles accounted for less than 18% of our total electricity generation and i'm all forha having that number gr. the natural gas, though, currently accounts for double that. while the development expansion renewable sources like wind energy is important, we can't check out our key sources of energy we need today. we been supporters of an all above energy strategy, my state has proved positive we can support both the oil and gas energy is so important for our economy and for people's livelihood, you can support renewables and innovative technologiesll. all while creating high-paying jobs in providing affordable reliable energy. i like to work with the administration and democratic colleagues in the senate as i have in the past. lasting policies to deliver

reliable energy to the american people in our friends and allies around the world while prioritizing conservation. this is not the time to implementem unilateral heavy-handed shortsighted regulations. our energy industry is still reeling from the effects of the pandemic and the administration and congress needs to take action to support recovery, not stand in its way. i agree with president biden's call for unity to help the next four years will be filled with more bipartisan cooperation in the first days of this new administration. we've learned time and time again sidestepping the legislative process which forces us to work together in a consensusbuilding exercise is far more durable, far better than unilateral executive actions. i admit, both parties, in white house abuse executive actions i think would be an institution,

we hear in congress would be leery of encouraging more executive action that means most of the power in washington has exercised out of the white house and not done here in the people's house congress. i encourage the administration to lead by example and encourage all of us to do the same, try to work together for shared priority wouldea create real and lasting change for our country. i yield the floor note the absence of a quorum. [roll call vote] and. [silence] [silence]

senate in a quorum call.

the book of the executive function for the day is done. we will hear more speeches throughout the afternoon. earlier, they approved nomination to be secretary of state they spent nearly an hour on the impeachment donald trump of the former president, impeachment trial getting underway today officially with the swearing in of sensors. the president pro tem, patrick leahy who will preside over the impeachment trial and also the consideration of the actual constitutionality of impeachment trial itself, rand paul who garnered 44 other oaxacan senators including minority leader mitch mcconnell from his state opposing moving forward on constitutional grounds of the vote was 55 to 45 they defeated that in a procedural move. that was earlier today so two weeks from now when they get underway with the trial of

former president donald trump, impeachment managers yesterday delivered the one article impeachment, the managers try the case it will get underway in two weeks and that will be here on c-span2. one of the other issues before the senate get too far into its second year has been an agreement between republicans and democrats with the 5050 split. we heard earlier from the senate floor, durbin and rachel can senator john. >> serving the senate for 24 years. i have great respect for this institution will continue to believe men and women serve here are extraordinary examples by and large of public service. we've done great things of historic nature. i think of the days of the obama presidency we had to rescue our

economy, make reforms on wall street to make a difference and build a public health system we aspire to for decades. we achieve those goals, not easily but hard work and determination and i'm glad to have been part of it. the republican leader coming to the floor to talk about his memory of the senate, there's another side to the story. i will come to the fore in a few days to outline the history of the filibuster but i'm sure the senator from kentucky is been in the senate, staff and elected capacity for decades would conceive this. up until the 1960s, the filibuster was rarely used in the u.s. senate. the demand for 167 votes, then 60 foods was rare it was

remembered in the 1960s civil rights legislation in the u.s. senate because of the filibuster but it was rarely applied. that changed. it changed under the senator from kentucky's leadership. it became so commonplace, the filibuster was being used so frequently that it led senator reid and democratic leader to make fundamental changes in the senate rules. i remember that day very well. i remember the english the senator felt at the time. he felt he had no recourse because the filibuster had become commonplace. the 60 vote requirement commonplace. i don't know exactly what the argument is on the other side at the moment but i think any fair-minded senator would conceive the senate is capable of doing great things.

capable of being delivered and yet it still can be decisive. there comes a time when we should act and to merely let every issue in the 60 vote requirement in filibuster, nothing from out of the chamber as a result, cannot be for our counties founding fathers envisioned for the role of the u.s. senate. the issue this in another time with more detail about the issues of the filibuster but this moment, i'd like to raise another question related, we are in the midst of a global pandemic. for the 420,000 american lives have been lost. three short weeks ago, 20 days ago, this capital, age-old symbol of america was attacked by a homegrown terrorist. it was overrun for the first

time the british invasion in the war of 1812. after this horrific attack on this capital, this mob insurrection, i hope the u.s. and finally come to grips with the reality of terrorism today. i remember that 11 very well. i was in this building and fully expected, we ran down the steps on the grassy lawn and stood wondering what to do next, this would be the next target. thank goodness for the heroism of those who came forward and took control of the plane, at least the into pennsylvania. some dismissed selection, just another rowdy political clout, unlike many other political

demonstrations, black lives matter rallies in comparison on the attack january 6. as a fundamental difference 20 days ago, differences in the fact that five americans die on the in the capital preferred rumors and details of how he died and we will hear more if this continues but this was just not another little demonstration. it was an example of terrorism. american grown, american sponsored. security of our nation is still at stake. as a demonstration yesterday in downtown chicago, white supremacists. eighty gathered. over 80 of them in downtown

chicago, stand up and defiantly shows they are still alive and well and ready to act. at the very least, we can ensure the agency responsible for our protection against this sort of terrorism has leadership. the department of homeland security. president biden has suggested to leave the department. he is an extremely public servant. the senate has confirmed him three times. previously for seven years at this agency, nominated now to lead it. most recently, serving as department of homeland security deputy secretary, agents second command chief operating officer in charge of counterterrorism, cybersecurity, border security, emergency management and other

radical manners. he did the job and didn't well and we need him again. we need his expertise and experience have the department of homeland security today. perhaps the republicans have forgotten about the last four years of policy and chaos of the department of homeland security. a little reminder, it was under president trump the agency experienced unprecedented leadership, consider this. department of homeland security looked from one secretary or acting secretary to the next. six people in the agency during the trump administration, only two were confirmed by the u.s. senate. that's more agency than the last four years and in 13 year history of the department of homeland security before the trump administration.

they couldn't keep a leader in place. the president was firing them and they were resigning right and left. for over a year, the agency department of homeland security was led by an unlawfully appointed act secretary and then just nine days before donald trump left the white house, he resigned, replaced by another acting secretary. an agency with the critical task of keeping america safe, keeping our family safe, couldn't even agree on who would have the agency. for former secretary of homeland security, two republicans and two democrats, every person who served as senate confirmed dhs secretary prior to the trump administration say he's the man for the job. he said he is a man of character, integrity, approval leader to right the ship and

endorsement went on to say the leadership vacuum and turmoil of the department of homeland security may have contributed to the failure to anticipate adequately prepared for the attack on the capital. that is the reality after four years of disorder and disarray of the department of homeland security, the security of america including the security of this very building suffered because of lack of leadership under the trump administration. over the last four years, we watched polarization of the department of justice and homeland security. we've seen horrible things occur. operation zero tolerance, 27. infants, babies and children separated from their parents at the border of the united states cast into a bureaucratic system and forgotten until a federal judge in california said enough.

i want to know who those kids are and why they haven't been reunited with their parents. that was months after being separated. i went to an immigration court in chicago downtown in a big high rise office building didn't expect to find a port but i did i got off the elevator and the walls were lined with people always packed with those waiting for a hearing for the immigration court. the judge had been on the bench in the immigration for almost 20 years. she's a good person, you could tell. she said senator i wish stake this morning and this immigration court. this was in the middle of the zero-tolerance separation of children from their parents. i want you to see the first two clients who will come before us and i waited. we called and they said everyone

in the court room should be seated. it was difficult, she was two years old. she had to be lifted into a chair and handed a stuffed animal. luckily, the little boy who coincidentally had the name hamilton, was enticed to climb up on the chair when they put a matchbox car on the table. two of the children separated by the zero-tolerance policy department of homeland security under president trump, there was of course a decision to postpone the hearing on the case for six months that would poke back into the system. they don't know what happened in the meantime but it was months before he was returned to his

mother and when she was returned to her mother, did she run to her with open arms? no. she refused to look at her, she turned her back on her, she felt she was abandoned. she was not abandoned by her mother, it was my anyone with a conscience of the department of homeland security. that's what happened. that's what happened in the agency in the trump administration. is it any wonder we need new leadership, we need an accounting of these children there are still only rumors, heartbreaking rumors of 200 children still adrift in the system, never reunited with their families. if it's within my power, the senate judiciary committee will certainly investigate. the failure of the department of homeland security is going to be one of the most shameful chapters in modern history of the u.s. failure of our nation's national security leaders to address the

threat of violent white supremacists and far right extremism, it gives evidence to why we need to fill the spot immediately. what is the problem? president biden has nominated marcus. he turned in his paperwork required by law, submitted his name for a hearing and appeared before the committee before congress. one senator, senator from missouri has a hold on his nomination. why? you may disagree on some policies. i'm sure he does. i'm sure he disagrees on many policies. it is not enough to say is critical agency will not have a leader because the senate of missouri disagrees with him on a policy? occasionally i tune in to fox to see what folks are saying there.

the other night last week, when i tuned in, there was a breathless reporting of a brown skinned invasion at our border. thousands in caravans destined for the u.s. over and over again, we have heard that story. what agency is responsible for making sure arrival is orderly, that they do not cross the border improperly? it's the department of homeland security. same agency being denied leadership by one senator on the other side of the aisle. it is time to get over it, time to get present butter the leadership we need as quickly as possible. we know america a unique nation and what makes us special is people all over the world coming in becoming american. not because of their race or ethnicity but because they embrace america's democratic

ideals. the son of a holocaust survivor and immigrant from cuba knows firsthand that america can be a beacon of hope and promise for those facing persecution. he's an experienced national security leader who can restore integrity and decency at the department of homeland. i appreciate skill and dedication the u.s. citizenship in in the year 2012, he implemented daca. it allowed more than 800,000 young people to have a chance to be part of america. deputy secretary oversaw a $60 billion budget and workforce of two 30,000 individuals. he's the right man for the job and should be on the job today. he excelled in that role, receiving distinguished service award, the highest honor.

a special accommodation from the national security agency for his achievements in national security and cyber security. among his numerous response bodies, he led the department's response ebola outbreak. timely expertise, we use now in this colored pandemic and served as u.s. attorney in california earlier in his career. national president enthusiastically endorsed him and said his professionalism and integrity and commitment are fair for some of the law makes him an ideal candidate to lead the department. he has pursued criminal, protecting the rights of the innocent and his work reflects all the government, how is the statement from the fraternal order of police about this nominee. he's an outstanding nominee and secretary of homeland security,

his experience, qualifications, expertise and integrity serve america well at a time when we desperately need him. i asked the senator was holding his nomination to release the hold today but let him go to the head of the agency were he's desperately needed and show the leadership he has over and over again for this country. i lead my colleagues to confirm him so he can serve as next secretary of homeland security. i yelled the floor

signed defense of legislative filibuster they were in the senate majority. disappointing.

a commitment which secures this key protected from minority rights. peter mcconnell is now moving forward without a statement from the democrat leader. mr. president, is worth taking a moment to reiterate why the legislative filibuster is so important, legislative filibuster is essentially the requirement that 60 senators agree before the senate can and debate and vote on a bill. you need 60% of the senate to agree before you can pass a bill. this usually means you need the support of at least some members of the other party before you can move legislation. the party in power doesn't always enjoy that role. all of us would like the opportunity to pass exactly the legislation we want. most of us recognize it is

requirement. the legislative filibuster ensures the minority is represented from legislation, this would be important even if elections tend to debate 60 to 40 or 7230 in favor of one party or another. all americans, whether or not they are in the majority deserve to be represented. it's particularly important when you consider our country is pretty evenly split down the middle. while the advantage sometimes goes to democrats, sometimes republicans, the truth is that our country is evenly split which means any attempt to disenfranchise minority party means disenfranchising half of the country. the party generally encompasses more than the minority party and that is appropriate. the country may be evenly divided but sometimes it wants to move more toward one side or the other. what's not appropriate is to eliminate meaningful minority representation which would be

the consequence of eliminating the filibuster. founders recognize the importance of putting safeguards in place to ensure majorities wouldn't curtail or eliminate minority rights. the founders created the senate. they made the senate smaller, terms in office longer with the intention of creating stable and thoughtful deliberative legislative body to check and consider legislation or attempts to curtail minority rights. as time has gone on, the filibuster and senate rule is perhaps the greatest impact in preserving the founder's vision of the senate. the filibuster, it's often hard to get legislation to the senate into the house. it requires more thought and debate greater consensus. in other words, exactly what the founders were looking for.

i am grateful to my democrat colleagues who have spoken up about their commitment to preserving the legislative filibuster. republicans were committed to protecting this bottle safeguard minority rights and we were in the majority despite president calls repeatedly to eliminate it. i appreciate a number of my democrat colleagues share that commitment. i am particularly grateful to the senator from west virginia and senator from arizona, their defense of minority rights and institution of the senate here in recent days. i'm disappointed the democrat leader chose not to express his support. this essential senate role. when democrats were in the minority in the senate, they made use of the legislative filibuster. i hope the commitment to the

legislative filibuster expressed by president biden and a number of senate democrats means the end of any talk of eliminating the filibuster. no matter how appealing it might be in the moment, destroying this long-standing protection for minority rights would be a grave error that both parties would live to regret. i hope that all senate democrats will recommit themselves to preserving this fundamental feature of the senate and find compromise. we've got work to do. >> 2:30 p.m. this afternoon, the senate began procedures to start second impeachment trial of donald trump. this time as former president, patrick leahy, senator from vermont, president pro tem serving as presiding officer. he swore in all senators and they signed the oath book after taking the oath.

an objection was made to the proceedings getting underway by senator rand paul of kentucky questioning the constitutionality of the proceedings. that boat in the motion by rand paul is 55 -- 45. five rollins supported democrats in the effort defeat rand paul's motion. senator bob of ohio's supported rand paul but he said this in a statement, i've been very clear former president trump bears responsibility for what happened january 6 through his words and actions. i will listen as a juror but as i have said, i have questions about the constitutionality of holding a senate trial. fifty-five to 45 vote. shortly thereafter, senator schumer proposed a number of rules for the impeachment trial and those rules were approved by

a broader boat, 83 -- 17. senator voted in favor of the world of the daily news in new york covering capitol hill saying senator portman said the more important vote, he was the one approving the rules of impeachment. the dividing line on those willing to go through the process would be the second boat. replicants said they don't want to move forward and others said we do and they will move forward two weeks from today. in the u.s. senate impeachment one p.m. eastern. we will have that live here on c-span2. ahead of that in the senate today, they approved the nomination of anthony bullington to be the next secretary of state. >> mr. president.

you notice consent. >> without objection. >> the nation's finest answering the call of duty on our nation's capital over the last two weeks to assist the peaceful transition of power to make sure it was peaceful. these dedicated men and women in the national guard have taken an oath to protect the bedrock document, the constitution of the u.s. and indeed, they have will build that duty. some of our finest national guard came here from my home state of utah. 321 troops that have discharged theirei duties with distinction and honor came from the national guard. the majority of utah consisted of soldiers from the second battalion to 22nd, the triple

deuce. additional shuttle soldiers came from the enhancement brigade. the 19th special forces group. i rise today to honor and thank these selfless women and men, these past weeks, the utah guardsmen were stationed at the madison building of the library of congress just across the street from the capital. for many of these soldiers, it was the first time ever visiting washington d.c. major of the utah national guard remarked that as the soldiers were stationed at the building, they saw these quotes on the wall, both from founding fathers as they were working in these buildings, you could see them pause during the day, reading the quote and then stopping to reflect.

i had the great privilege in a couple of different groups to give these men and women a tour of the capital building before they left to go back to utah. it was a great honor to meet and get to know dedicated guardsmen and learn fromes their stories. see firsthand their caliber and most importantly, their visible commitment to the u.s. of america. this idea, this principle, this great land of ours, something there independently committed to defending and protecting. even if the sacrifice of their own security and their own ease, which they would have otherwise enjoyed over the last couple of weeks. one of the most remarkable things about these citizens and soldiers is the way in which

they tirelessly serve their communities. both inside and outside of their guard duty. salt lake city office was lucky enough to have one of these fine young vultures. alfredo lopez as an intern a few years ago he emigrated with his family in peru at the age of ten. began to build a life here in the u.s. and in addition to serving the people of utah my state office is also on active duty, was on active duty with the marine corps before he joined the national guard. in all of his endeavors in our country, sought not only to give back, he's grateful for his country and wants to make sure it's a strong and safe secure place in which to live. another guardsmen here, bartholomew, a prison guard in prison in utah.

some of my friends in county commissioner, he swallowed his families footsteps to serve his local community. other guardsmen in utah were engaged in their communities and all sorts of ways. some are teachers, some are firefighters and some are policeman and some are medical professionals. you name it, they've done it. many have answered the call of duty on the frontline of another crisis. our nation faces the current pandemic. these guardsmen have played a significant role in providing testing, moving and storing personal protective equipment other support commissions to assist the utah department of health covered response. now spencer cox entrusted with another critical mission. the guard will be on the front lines to ramp up delivery of

vaccines in our state. the guard put together teams that can mobilize throughout utah deliver vaccinations and antibiotic infusions within a matter of an hour and save a lot of lives and prevents a lot of suffering in the process. i've got no doubt they will continue to administer this with dedication, and with excellent. it's what they do with every other assignment in which they are tasked. in everything they do, members of the utah national guard conserve and strengthen our communities, our country state. we are all better off for it. it's an honor to have selfless men and women in our nation's capital. i've enjoyed getting to know them and look forward to visiting with them againvi soon and i thank them for their service.

mr. president, i'd like to discuss another important matter. this past week, we marked the anniversary of the deadly day in american history that's resulted in the loss of millions of innocent american lives, the anniversary of roe v. wade. since january 22, 1973, more than 60 million unborn children have been lost to discourage abortion. this week we honor and remember those lives as well of souls who have been hurt by the pains of abortion. in a normal year, tens of thousands of americans would march down constitution avenue friday. this year, as with so many other things, the march for life will be virtual. nonetheless, americans will continue to march for the

virtual for in person. the theme of this year's march is together strong, unite. the theme following the year in the division of violence and law. now more thanaw ever, we must ce as ah nation turning with hope toward the future. hope that our nation will hear heal. hope that justice will prevail act of abortion will be forsaken and given our country's history which we have stubbornly made mistakes but thankfully come around in the end, there's much reason for hope but we cannot heal or unite if we don't honor and respect all american people, born and unborn. so many of the deepest injustices in our countries

history have stepped from one dark dangerous thing, when we have rejected the dignity of the human person, denied the humanity of our brothers and wsisters, discriminated against others based on the way they look, love. because of that, we have looked at them not as people but as things. mere objects to be acted upon. abolitionists, the worst kind of oppression to be regarded with the greatest indignation and force, that which turned a man into its thing. now discriminated against, whole class of people, not based on the color of their skin or their

age and development, it doesn't change the truth. the truth is that a baby inside the womb can respond to human touch by the age of eight weeks and feel page pain by 20 weeks. she can recommend his mother's voice before she is born. a perfect little nose, fingernails and a beating, fully functional heart. her own distinct unique dna and her own unique soul. science and medicine are only confirming what we know deep down, unborn human beings are little persons. the evidence is only getting plainer by the day. when we deny the humanity of our brothers and sisters, as we have seen throughout history and over the past year, the inevitable and tragic results is violence.

abortion does undeniable violence to the baby and undeniable violence to the mother. thankfully, looking back at the past decade, we made significant strides, building a culture that respects, values and protects all human life even in its simplest earliest stages of development, many states have insured public schools and public funds directed pregnancy health centers rather than abortion facilities providing alternatives to families in need. in the last decade alone, states have passed more than 400 pro-life laws, more than one third of all pro-life laws states have passed, roe v. wade was decided. this is reason for hope.

through laws, we have to affirm the truth of the lives of both the mother and baby matter and they can heal, protect and preserve both lives. i've introduced legislation to help laws affirm that very truth. through my bill, the abortion is not a healthcare act. we have the chance to stop abortions which are currently categorized as medical care by the irs. we must be serious, whatever else it may be, elective abortion is not healthier. that's why they take an oath to do no harm. the government should not offer tax benefits for a procedure that kills wonders of thousands of unborn children each and every year. having a chance to prematurely

stop the use of americans born, the opportunity to permanently stop the use of american foreign aid from funding or promoting abortions overseas, but perpetuating violence against women. ... the protecting life and foren assistance act will save countless lives across the globe. and it affirms the truth that the lives of all unborn children, regardless of where they're from, have dignity and worth. as the lyrics of a children's song in my church, a song that i sang in sunday school as a child say about each one of us, i am a child of god. we are all one human family, all children of god. these littlest among us, too, who cannot yet sing for themselves, but they will soon.

they will soon. thank you, mr. president. i yield the floor. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call: is

quorum call:

a senator: mr. president. the presiding officer: the senator from wyoming. mr. barrasso: thank you, mr. president. i ask unanimous consent that the quorum call be vitiated. the presiding officer: without objection. mr. barrasso: thank you, mr. president. mr. president, in the 2020 elections, americans chose an evenly divided senate. half republicans, half democrats -- evenly divided. since the vice president is able to break a tie when it comes to specifically organizing the senate, democrats have the majority. now some democrats want to lower the threshold for all the votes so that to pass anything, all they would need to do, in case of a tie vote, would have the vice president be the tiebreaker that is the way that a majority works when there is a tie and

the vice president is in one party. they get to break the tie in that direction, of course. what we need to make sure of, mr. president, though, is that there is fairness in the process the traditions in how this institutions works are that we have something called a filibuster. 60 votes is how legislation is passed. you know, we know that the press, sometimes folks in congress say it's hard to pass a law. well, it's not supposed to be easy. it takes discussion, it takes negotiation, it brings people together. that's the idea of needing 60 votes, to bring people together to get a bipartisan consensus so that all voices are heard, that the majority and minority voice is heard and it forces us to find common ground. frankly, i think there's too

little of finding common ground in washington already. the last thing america needs is even more divisiveness. this is a big diverse country. we don't need 50% of the country plus one to run roughshod over all the others. that's why our founders were so careful to protect the rights of the minority. it's why they created the bill of rights, why they created the electoral college. it's why they created the united states senate. the founding fathers didn't want the senate to be a copy of the house. we're intended to be a check on the house. that's the story that president washington compared to the senate to a saucer used to cool down a cup of tea. president madison compared it to a fence. we're not supposed to be a smaller version of the house of representatives. the senate is supposed to cool things down. we're supposed 0 to think things through. we're supposed to stop bad ideas and stop the house from moving too fast. changing the rules of the senate would make that impossible.

lowering the bar to 50 votes would also be a blatant power grab. with just 50 votes and the vice president, the democrats could even add states to the union, specifically states that would elect more democrats to the senate. it would give them even more senate seats, could even give them a permanent majority in the senate. with 50 votes plus the vice president, democrats could also pack the supreme court with liberal activist judges, judges who legislate from the bench, not judges who apply the law as written. it would give them a permanent majority both in the senate and on the court. with a single rule change, one branch of government in one chamber of congress could be under permanent democrat control. it's no surprise that that's tempting to senate democrats and the far-left branch of that party is demanding that that occur. you remember, mr. president, that when president trump was in

office, republicans had a chance to do exactly the same thing. in fact, former president trump repeatedly asked us and told us that we should do just that. in one particularly memorable example, he tweeted the u.s. senate should switch to 51 votes, said the dems would do it, no doubt. more than 30 different times president trump asked that republicans end the filibuster. we didn't. we stuck to the intentions of our founding fathers. we protected the rights of the minority, and we put country before party. democrats won't stop the power grab for the good of the country, then they should at least do it for their own good. democrats have only had 50 votes and the vice president for a few days. back when democrats were in the minority, 33 democrat senators said they didn't want to change the rules. they signed a letter, and that letter called for the preservation of the rights of

the minority. 27 of those democrats are still members of the senate today. one of those democrats is now the vice president of the united states, vice president kamala harris. even president biden called the idea of eliminating the filibuster a very dangerous move. white house press secretary told us last week that president biden still opposes changing the rules. if democrats go down this road and break the rules of the senate, they're doing more than just hurting the institution. they're admitting that their ideas don't have broad bipartisan support. think about it. the democrats agenda have the support of the american people, then they wouldn't need to change the rules. democrats could find bipartisan support to pass their tax increases, they'd leave the rules loan. democrats could find bipartisan support to pass the green new deal and the higher energy costs that come with it, they'd leave the rules alone.

if they could restrict gun ownership they'd leave the reels alone. they -- leave the rules alone. they cantd know they can't. they know the american people have looked at their progressive agenda and said no thank you. president biden's inaugural address last week talked a lot about unity. he said that with unity, we can do great things, and i agree. i asked my democrat colleagues if they agree with the president's inaugural address or do they really think that they want to make the united states senate more partisan, more divided? do they really want to take power away from individual senators and give it to whoever has 50 votes and the tiebreaker at the moment? if it's hard for democrats to pass laws, then they should try talking with us. proposed bipartisan solutions to our nation's challenges, persuade your colleagues, make progress together. as my friend, former senator lamar alexander said in his farewell address just a month ago, he said we don't need a change of rules.

the senate needs a change of behavior. so i urge my democrat colleagues to reject a blatant power grab. stop this rush to take more and more power. come to the center, reach across the aisle, find common ground. senate republicans are ready to work together to help the american people, to get our people back to work, get our children safely back to school so they don't fall further behind and to get the coronavirus behind us. join us, let's work together, let's do what's right for the people that we serve. thank you, mr. president. i yield the floor. ?oo the presiding officer: the majority whip. mr. durbin: mr. president, i ask unanimous consent that when the senate completes its business today it adjourn until 10:30 a.m., wednesday, january

27. further that following the prayer and pledge of allegiance the morning hour deemed expired, the journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day and the senate be in a period of morning business with senators peltered peltered -- permitted to speak therein for up to ten minutes each. the presiding officer: without objection,so ordered. mr. durbin: if there is no further business to come before the senate, i ask that it stand adjourned under the previous order. the presiding officer: the senate is adjourned until 10:30 a.m. tomorrow morning.thee

10:30 a.m. tomorrow morning.thee >> this impeachment is nothing more than a partisan exercise designed to further divide the country. democrats claim to want to unify the country by impeaching a former