this so call constitution crisis, record for the dow. first time over 29,000. 3% away from 30,000. interesting times.ince 1998. we will show you that live and talk about what is happening with impeachment and where we go from here. you are looking live at the house waiting to see house speaker nancy pelosi show up there. jeff is on capitol hill tonight. setting the scene for this formal event. >> well, we have not seen is this in quite a while. this is where house speaker nancy pelosi and the impeachment managers and cheryl johnson the clerk of the house will get together. we will see in the speaker takes some question. once they start the ceremony will taken 15 minutes. they will disappear and sign the paperwork and formalize it off stage. then you will have the procession where paul irving, who announces the president for the state of the union, he will

escort cheryl johnson across the capital. across the building mike stinger, the senate sergeant of arms will escort cheryl johnson the clerk of the house to julie adams the secretary of the senate. we may see them go into the senate chamber. they are saying this is what we have done in the house. we impeached the president. later tonight the senate will send a message back to the house and say what you got? tomorrow we will do this all over again. they will take the articles of impeachment plus the impeachment managers, the seven prosecutors who were announced today by house speaker nancy pelosi and present them to the senate and read the articles of impeachment aloud before the senate. that won't happen tomorrow before 1 o'clock and they will bring over the u.s. chief

justice john roberts. they will swear in the senators as jurorists. >> bret: the president called all of this a hoax. republicans say there is not a case here. democrats say they will make the case. the announcement of 7 house managers by the speaker and she hit tones of the constitution pointing back to the founding fathers making this a big moment for all of our children. >> this is where democrats tried to say this is about the future and future presidents. she invokes the children talking about healthcare or the constitution. the chair of the judiciary committee jerry nadler, he said the senate is on trial here too. >> bret: we will head back. martha maccallum host of the "story."

thoughtsa we get this formal process today? this is a foregone conclusion but there is still a formality we have not seen since 1998. >> there is. the formality of this moment is what nancy pelosi has control over at this point to make sure that this has the momentum and weight this she wants to give to all of this in the face of the fact it has turned out to be a very partisan exercise which is something she doesn't want to see. she said impeachment was too divisive unless there was an overwhelming case and agreement on it. she never did get that. will always look back and wonder whether or not she was pushed into this and she'll consider whether or not she made the right decision to move this

forward. when it gets to the senate, the big question is this issue of witnesses being nudged by the new evidence that came forward and discussions about packages be delivered and surveillance of the ambassador to the ukraine. there is a lot of fodder for the president's opponents to dig into it. whether that sways a 4th republican senator to decide whether they want witnesses is a big question as we watch this begin. >> bret: do you think there is a level of concernality the white house about the prospect of witnesses in a senate trial? >> i can't imagine there isn't. they obviously had a big day today. signing the first phase of this

china trade agreement. the president was confident about all of that. the usmca is ready to be passed. that's a big achievement for the president but he thinks impeachment is an ugly word. he didn't want to be impeached and nancy pelosi tried to hammer that nail in by saying no matter what happens with this process the house of representatives has impeached the president. that's a forever sort of sign around his neck. my guess is that there has to be some consternation about whether or not you will see a moment when john bolton sits down at that table and gives his take on all of this. >> bret: stand by. let's talk with harold ford jr., a former democratic congressman from tennessee. your thoughts on this day? republicans will say they are concerned this opens the door to

more partisan impeachments for other presidents down the road. democrats say they are making a case they think is open and shut. >> i remember 20 years ago, bret. i was in the congress. i voted against impeaching president clinton. i remember the pageantry we are about to watch in the next few minutes with speaker nancy pelosi. it was a different speaker and different congress. the senate now has a responsibility. you have to hope that both democrats and republicans will take their pledge to be impartial in a very serious way. there is a conclusion he will be acquitted. all of the jurors have to listen. if you are on the political team with president trump this evening, you think how big of a moment this is from a positive standpoint. the job and economic numbers. phase 1 of the china deal. the usmca agreement. the effort in iran. the killing of this general. any other person would be riding so high. all of this news puts a damper

here. as it goes to the senate, i hope democrats do one thing: they focus solely on the national security implications of the president's actions. whether he is convicted or not, if we take anything from this in terms of a history lesson, it's that no president should take any actions that would undermine national security to advance their own political interest. whether this president has done that or not, he almost admited to some of that. whatever the managers do and speaker pelosi did a good job in choices for managers including the young guys, jeffrey and crow. crow a former army ranger and intelligence analyst. they are uniquely quipped to do this. the senate has a role to play.

and i hope all democrats and republicans take this seriously. >> bret: 7 house managers, 13 house managers last time for the clinton impeachment. stand by. andy mccarthy, we spent a lot of time the gavel to gavel coverage of the house as they built the case. that's how it is supposed to go. democrats said that they had to rush through that urgently because the president was a threat to the election in 2020. now there was a pause for 27 days. we are waiting for the formal move over for the articles of impeachment. your thought? >> well, bret, the delay undermines the alleged urgency behind the effort in the 1st place. my main concern if i were leader mcconnell and the republicans in the senate would be that this is not an open and shut case in the sense that the democrats are

saying it is shut. in fact they are continuing their investigation. as we have been discussing, they are throwing not only this new evidence but the prospect of more impeachment articles. perhaps more witnesses who are just emerging coming forward. my beef is no federal judge would put up a situation where he was being asked to try a defendant in a case and the prosecutors were continuing in the grand jury to investigates the defendant on the same charges and broadcasting whatever evidence they find to the media which would prejudice the trial. i would certainly hope that mcconnell will at least and the republicans at least entertain the thought of suspending this without prejudices and telling the house we will only try this case once. let's try it when it's ready.

it doesn't appear to be ready. >> bret: what about the new evidence the democrats sent over. it include documents from parness, an associate of rudy giuliani the president's lawyers. text messages. it seems like there is evidence that the ambassador was followed by some of these men. how does that factor in now? it was not part of the case the house democrats built in the various hearings but it now head over to the senate. >> yes, it's always been a problem because the clear factual overlap between the indicted charges in the southern district of new york and the facts that were uncovered and the information that was uncovered in the house proceedings. to the point a big part of the southern district case is what happened with marie yovanovitch the ambassador to ukraine and

her removal at the request of rudy giuliani and his associates. that's a big part of the southern district trial. the other wild card is it's pretty clear that parness is trying to leverage his importance as a witness in the impeachment trial in whatever plea negotiations he is having with the southern district of new york. he wants immunity. if he testified in the impeachment case that would convict him more than likely in the criminal proceeding. i worked in the southern district of new york for 20 years. they don't give immunity. what they demand if you lead guilty to the chargers and give full cooperation. that may take time to work out. >> bret: looking live there at the articles of impeachment on the table. waiting for house speaker nancy pelosi. the cast of "the five" in new york. this is their hour.

dana perino and juan williams. your thoughts? >> after the initial pomp and circumstance everybody should settle in. it could be possibly 2 weeks. there won't be a lot of new information. the speaker is probably getting ready here to appear. the senates can't engage and america feels like they heard this a month ago. public opinion did not change either way. i think when either side gets frustrated, they are missing the fact if there was some big obvious case against the president, we would all know it. it would be really obvious. the fact it's this muddled at this point and people are dug in, that means that you won't see a lot of movement. i would add you have not seen the president's lawyers have a chance to layout their case. it's an impressive group of people. they will be up against many of the people in the house that we know and some we don't.

that might be worth tuning into it. >> bret: this is live looking into the rayburn room. the reporters getting up to look at the articles of impeachment on the table. they will be signed and walked over from the house to the senate through the rotunda. juan williams, republicans will say that the process in the house was faulty. they didn't have a chance to make a defense. the president's attorneys and his team will in the senate. your thoughts today? >> well, they are going to have an extensive opportunity. they have quite a team there. i think seclow will be on tv most nights. on the other side, when you look at people like jerry nadler, he knows he has the command of the case. the star there is going to be adam schiff. schiff again is sort of tv ready. i think part of this is public

sentiment and building public support on. that point, i think it's important to note that people are who critical of nancy pelosi for the 27 day delay are now going to have to deal with the fact that new information is continuing to come in and the possibility of a formal national security advisor john bolton responding to a subpoena to testify. all of that means we have a changing dynamic. it puts pressure on this political process. this is not a criminal trial. this is a political crows. -- process. from pelosi's point of view it puts pressure on the moderate republicans who are in some political peril to come along and support the idea of witnesses and documents and this is an on-going effort not something that is to be viewed as static and having been settled and discussed in terms of the existing articles of

impeachment. >> bret: our congressional correspondant announced nancy pelosi said she is appointing 7 house managers. we look at those seven. some are familiar names from the process. the committee hearing process including adam schiff and jerry nadler. what about the others on here? any surprises as far as who has been named to make this case in the senate? >> it's not a surprise they picked a couple of freshman. sylvia garcia from texas and jason crow of colorado. house speaker nancy pelosi is aware of this big freshman class. those that propelled the democrats to the majority. she wants to respect that. it did not have older members. that's one criticism of the democratic leaderships. a criticism about her leadership. she had a rocky time last foul and some people thought shield not have the votes to be the

speaker of the house. it won't be nadler who will be the lead manager here. in 1999 it was henry hyde of illinois who led the effort against president clinton. it will be adam schiff. this is not adam schiff's first rodeo. he was the impeachment leader that nancy pelosi appointed him for a lower profile impeachment trial before the senate in 2010. that effort imppressed house speaker nancy pelosi and she put him in charge of the intelligence committee and asked him to lead the charge today. and the impeachment managers were all just told about 24 hours ago. they have been meeting in the basement of the capitol to plot strategy. if there are 24 hours of debate and 7 managers that's a lot of time that each manager would have time presenting to the senate. >> bret: martha maccallum, there is also the factor of the timing in the senate trial.

these articles of impeachment move over there it starts the process. we don't know how long this could go. if witnesses are called, there you see nancy pelosi making her way to the rayburn room, it could be a big moment here especially for candidates who are on the campaign trail. >> absolutely. those senators who are running for the nomination have a lot at stake in times of the time frame. the other senators the republican senators who are in precarious electoral positions going into 2020. if democrats lose this round on impeaching the president, there is another big round here for them. that's the potential of flipping the senate. having it turn to a democrat majority senate if the president wins reelection it would tie his hands in the second term. >> bret: yes.

we are looking live. nancy pelosi surrounded by her committee chairs making their way into the room. packed with press. again the formal signing of the articles of impeachment. the house clerk will do that. there is adam schiff and jerry nadler and others. of the house pelosi. >> good afternoon. as you know on december 18th, the house of representatives upcelled its constitutional duty and voted articles of impeachment against the president of the united states. donald trump. he didn't uphold his oath of

office to defend the constitution of the united states. the president takes a special oath. a little different from the congressional oath. he takes an oath that was taken by president george washington the patriarch of our country in front of whose picture we stand here. it's so sad, so tragic for our country that the actions taken the president to undermine our national security and violate his oath of office and to jeopardize the security of our election, the integrity of our elections has taken us to this place. today we will make history. when the managers walk down the hall delivering articles of impeachment against the president of the united states for abuse of power and obstruction of the house. making that history we are making progress for the american

people. progress in support of of our constitution. progress in honor of the sacrifices and divisions of our founder, progress and honor of the sacrifice of men and women in uniform and progress for our children. this president will be held accountable. that no one is above the law and that no future president should ever entertain the idea that article 2 says that he can do whatsoever he wants. so with that, i will sign the resolution transmitting the articles of impeachment to the senate which will be delivered by our manager. when they bring this over, it will set in motion a process on

the senate side. probably tomorrow -- i don't know their schedule. it may be as soon as tomorrow. the senators will take an oath of office. a special oath of office to do impa impartial justice according to the constitution and the laws. let's hope that they uphold that oath that they take tomorrow. so now, i am very honored to be here with our 6th chairman who worked so hard to help us uphold the constitution with their investigating and litigating. you know the judiciary committee and jerly nadler and mr. schiff the chairman of the intelligence -- house select committee on intelligence.

congresswoman maxine waters. and madam chair of the oversight committee. congressman mr. chairman man ellot angle from the foreign affairs committee and the chairman of the ways and means committee. we thank them for all of their difficult work. we honor our darling cummings who said one day when we are dancing with the angels what we will see about what we did at this difficult time in our country? i am proud mr. nadler and mr. schiff are part of our managers. i want to acknowledge our other managers who are with us. a freshman member -- should not say freshman. they have been here one year. accomplished great things.

jason crow from colorado. congresswoman val demings from the state of florida. congresswoman garcia of texas. are we all here? where is hakim? from new york. is that everybody? for the nixon impeachment she was a staffer for a judiciary committee don edwards of california. and on the judiciary committee in the clinton impeachment and now the judiciary chair of house administration which oversees elections and a manager. with that, i thank them all for their leadership and their service. i am going to proceed to sign

the articles. >> [silence]. >> bret: speaker nancy pelosi surrounded by seven house impeachment managers that will make the case in the united states senate in the trial and six committee chairs to dealt with the hearings that led to the articles of impeachment, abuse of power of president trump and obstruction of the house. speaker pelosi signing these articles of impeachment as they will make their way over. dana perino and juan williams. dana, the house speaker today

said this is not political. this is not partisan. this is about patriotism. but it is political and it's partisan. it's just the process that we have witnessed over the past weeks. >> one of the most partisan comments happened over the weekend which she was on the sunday show on abc. she said that regardless of what happens in the senate, and we already read the end of the book, we know that the president will be acquitted. we are forced to go back and read every word for our pun impeachment for reading the end of the book. she said the president is already impeached and he will have that for the rest of history. as if that was the goal. what you are seeing is the ceremony. it seems somber but that's different from the house process which was chaotic. when it goes over to the senate mitch mcconnell will run a trial that will be calmer and more

sterile. it will be more slow than anybody wants. we will have to go through this because this got going back in september or the president said they talked about impeaching him from the very beginning. and senates colins and murkowski the 2 republican women, schumer is polling in their states to see if they are vulnerable in 2020. i don't think they will be bullyd ed into voting for witnesses. you will see a lot more 2020 activity. it will be interesting. i think it will be a much calmer process than what you saw in the house. >> bret: juan, what about that prospect? there is also democrats up for reelection like doug jones in

deep red alabama will have to make a decision as well. >> i think is a political process. i don't think there is any getting away from that, bret. the difference is the way we frame it as republicans and democrats. republicans clearly are intent on saying this is a partisan act. the president said as much. >> bret: let me break in here for a second, juan. sorry. passing out the pens. sorry to interrupt. >> not at all. while republicans thought to frame this as a partisan act, what you just saw from nancy pelosi is the emphasis that there are people of convictions and principles stacked up as patriots. she said this doesn't happen every day. you have the constitution and the founding fathers and the people serving in our military

and our children looking over our shoulder. that's a different way to look at it. i think that what she is saying and this comes back to what dana is saying, to both sides we know this doesn't happen to every president. this is a real mark against a president even if he or she is acquitted and that is likely. when she spoke of the senate, she spoke of them taking an oath to do impartial justice. she said they would uphold thatathy. -- that oath. framing it in the sense of putting the pressure on republicans to look at the evidence and hear from witnesses. even the new evidence that we have discussed on fox that came out in the last 24 hours. >> bret: juan and dana, thank you. we will head your way after this ceremony is completed. we will toss it to "the five."

andy mccarthy what the founders said about the impeachment. nancy pelosi said the founders did not want a ruler or a kick. and republicans pointing to hamilton when he wrote about partisanship. this could happen again and again if it's just on a partisan basis. thoughts on that as we watch this walk over from the house to the senate. >> i think what is to be concerned about is impeachment is a vital part of the constitution. madison thought it was indespencible as he said during the debates over the constitution because it was necessary as a final measure to wrestle on the cocaiehe congres side for misconduct. the problem with impeachment becoming politicized is not just

the spectacle we are seeing but it cheapens the impeachment remedy. we may be heading into an era where we see impeachment much more regularly because it's now going to be used as a political weapon. that degrades it because no one will take is as seriously as it is meant to be taken. it's supposed to be the nuclear option in our constitution. >> bret: stand by. looking live from the rotunda looking to the house claim ger. what you will see, this engrossment ceremony, it's not the best name. ittix that the articles of impeachment and walks them physically which is part of the deal to the u.s. senate and we will see this pomp and circumstance from chamber to

chamber. >> that's right. we will see this twice in the next couple of days. between the rayburn room is cheryl johnson who is the clerk of the house. she is putting pen to paper here. you might have seen house speaker nancy pelosi signing her name with a series of pens to all of the committee chairs and the impeachment managers. they have a souvenir to take with them. all of the main sponsors get a pen. you are looking to the house doors. this is what we call the will rogers area. we do live interviews with members of congress. they will walk that into statury hall. and paul stevens will escort johnson the clerk of the house with the message in blue folders through the capital rotunda and

past the old senate chamber and past the office of senator majority leader mitch mcconnell. on the senate side of the capital they will be met by mike stinger. then they will take the articles of impeachment or take this message alerting the senate whats the house has done into the chamber. they are in a holding pattern waiting for the house for those to walk over. grassley is waiting for this. tomorrow we do this all again. >> bret: people may say why is this important? it only happened three times in the history of our country. let's listen in. not that there is much to hear but let's listen in. >> [foot steps].

>> [inaudible]. >> bret: the clerk of the house cheryl johnson and the chairman of arms leading the way. martha maccallum? >> i am just watching them walk through the rotunda and thinking about the fact that regardless of the fact that this is a purely partisan exercise here, just based on the votes we saw. it's bipartisan only in the fact you have had a couple of republicans vote against when we are seeing this play out. the rotunda is where you see so maybe important ceremonies in history take place. it's where all of the statues of

the founding fathers are. where we see funerals at times. we see people lie in state. there is a lot of ceremony here and a lot of weight to what we are witnesses and nancy pelosi said we will make history and progress for the american people. i think that's an interesting choice of words in terms of progress. democratic wonder -- in the election process people wonder what they accomplished in the house. she is characteritizing this as progress. we will see if the american people agree as we enter this busy period heading into the primaries. >> bret: the american public can come up to capitol hill and make

this same walk. also the impeachment managers following behind adam schiff and jerry nadler. let's bring in harold ford, a former tennessee congressman. politically, how do you think this falls? some of those polls are updates down how impeachment is going? >> it doesn't look like anything moved during the hearings and before the schiff committee and before the nadler committee. it will be interesting to see the amount this moved as dane that and juan commented to. to a more sterile and predictable and stale process when you consider how chaotic things were in the house. i would remind everyone there is no doubt this is a political exercise because impeachment is. the facts here are ones that are

very serious ones. the allegations are very, very serious. the accusations that the president of the united states asked a foreign leader for help in a political contest by investigating someone that might be running against him. >> bret: hold on one second. >> donald trump president of the united states. >> the message will be received. >> [silence]. >> bret: chuck grassley is residing. the longest serving member in the senate. >> pursuant to rule 1 of the rules and procedure and

practice, when sitting on impeachment trials, the secretary of the senate informed the house of representatives that the senate is ready to receive the managers appointed by the house for the purpose of exhibiting articles of impeachment against donald trump the president of the united states. to the notice communicated to the senate. further that at the hour of 12 noon on thursday january 16th, 2020, the senate will receive the managers on the part of the house of representatives in order that they may present an exhibit the articles of impeachment against donald trump president of the united states. >> any objection? if not so ordered. >> at the hour of 2 p.m. on thursday january 16th, 2020, the senate will receive the articles

of impeachment and that the presiding office through the secretary of the senate notify the chief justice of the united states at the time and place fixed for consideration of the articles and requests his attendance as presiding article pursuant to the constitution. >> any objection? no ordered. >> unanimous consent. they will appoint a committee of senators to escort the chief justice into the senate chamber. and the secretary of the senate will notify the house of representatives of the time and place fixed for the senate to proceed upon the impeachment of donald trump. in the senate chamber. >> any objection? if not, so ordered.

>> access to the senate wing, the senate floor and the senate chamber galleries during the exhibition of consideration of the articles of impeachment against donald trump president of the united states and all times the senate is sitting in trial with the chief justice of the united states presiding be in accordance with the allocations and provisions i send to the desk and ask that it be put in the record. >> objection? if not, so ordered. >> i ask unanimous consent the senate proceed. >> the clerk will report. >> senate resolution 471 authorizing the taking of a photograph in the united states senate. >> objection?

without objection, the senate will precede. >> the resolution agreed. the motion made and laid upon the team with no debate. >> without objection so ordered. >> now the senate was notified that the house of representatives is finally ready to proceed with their articles of impeachment. by unanimous consent we just laid some of the ground work that will structure the next several days. we have invited the house managers to come to the senate tomorrow at noon to exhibit their articles of impeachment. later tomorrow afternoon at 2 p.m., the chief justice of the united states will arrive here in the senate. he will be sworn in by the president pro-temsenator grassley. then the chief justice will swear in all of us senators. we pledge to rise above the

pettiness and do justice for our states and the nation. then we will notify the white house of our pecked trial and summon the president to answer the articles and send his counsel. the trial will commence in earnest on tuesday. first, mr. president, important good news for the country. we anticipate the senate will finish the usmca tomorrow and send this landmark trade deal to president trump for his signature. a major victory for the administration and more importantly for american families. let me close with this: this is a difficult time for our country. but this is the kind of time for which the framers created the senate. i am confident this body can rise above short termism and serve the long-term best interest of our nation.

we can do this and we must. >> bret: senate majority leader mitch mcconnell accepting the articles of impeachment. the senate will start a trial and rules of the trials that will be set starting tomorrow at noon. the chief justice of the supreme court john roberts will be sworn in to preside over this trial and the house managers will begin to make their case as of next week on tuesday when this trial officially gets under way. the logistics and the pomp and circumstance of the articles being moved from the house to the senate hasn't finished. no matter your idealogy or your political party. this is history. it only happened three times in our country and we have you covered. please stay tuned to fox news

channel. in washington i am bret baier. now here on fox news challenge we will continue. over to "the five." >> we will take it from here. thank you very much, bret. welcome to "the five." breaking news on capitol hill. speaker nancy pelosi signed articles of impeachment against president trump. that move cleared the way for a trial that could start next tuesday. we learned who the house impeachment managers will be. adam schiff and jerry nadler will lead the team to prosecute the president. we know you want to hear from "the five." greg? >> i am trying to control myself from swearing. that was a fricky ceremony! you have ceremonies to award medals and at weddings and forges. -- funerals. this was like a baptism of the adam's family. everybody got a pen to take

home. we are paying for that pens and taking pictures of the pen. they were spackling a turd with golden paint. they this is historic. that's bs. this was an emotional tantrum directed at daddy who won the election and they are mad at daddy. we have to go through this phoney procession. let's watch them walk down the halls and repeat it over and over again until i want to blow my brains out. if you are a viewer and you are watching this coverage 4 things to remember. the media controls the narrative. look what happened to "the five." put the money in the juke box, we have to dance.

number 2, the dems have been working on this for 3 years. this was a political vocation to unseat the election. they don't hate trump. they hate you because you voted for him. you didn't listen to the media. this is their revenge. you have to store all of that anger. when this is over and when they lose, you have to rub their noses in their loss until the day they retired. >> [laughing]. >> greg, here's a pen. >> thank you. you don't know where i will keep it. >> i am going to d.c. >> this is all pay back by hillary clinton. she was supposed to win the election and donald trump ruined it. this is revenge. if started with the insurance policy. trump sniffed it out and fired comey and mueller know there is is no collusion but lets it hangover the mid-term so the

democrats win to start the impeachment. bill barr challenged mueller. he has nothing so the democrats panic. they fire up this fake whistleblower deal. rig a very unfair trial against the president. but they rush it. if they have gone to court and gotten the testimony they needed and gotten the evidence they needed, that would have been one thing. they had to get it under the wire before christmas. nancy pelosi gets this half-baked impeachment. only two articles. no criminal violations. then she runs into a brick wall in the senate. mcconnell is like the teacher where time is up, everybody. pennils down. chance is still scribbling. >> it's the pens. >> this is to discredit donald trump for political revenge because he was a businessman and did a better job than a regular

politician and because the trump doctrine of america first poses a mortal threat to the democratic party. he outflanks them on trade and on everything else. at this point, it looks like he will restrict immigration too. you have someone who comes in, former democrat. a deal maker. lives in manhattan his whole life. ready to make a deal. he agrees with them on infrastructure, on drug prices on everything. you could have a golden age of bipartisanship. signing ceremonies instead of engrossment ceremonies but they don't do that. they spit in the president's face. so he goes i will do it myself. usmca, chinaa deal phase 1. kills isis and starts running the table. he is like the guy at the casino. he has a hot hand and everybody else is winning because they are

having drinks and a party. everyone is getting rich. but the democrats -- >> they are in the room and losing. >> they want to arrest the guy with the hot hand instead of joining the party and having everybody get rich and happy. they are pathetic. >> emily, i don't know how you will follow that. >> i want to point out that it seems when it suits the democrats this is a trial. when it doesn't, no, this is not like anything we have in the court of law. it's separate. it's politics. to illustrate, if we had a trial in a normal court of law and an on-going simultaneous trial at the same time with grand jury proceedings and there was still evidence being gathered and you could add it in into the trial it would be preposterous. that would never happen. as we speak nadler says with

confidence of course the senate will accept this new evidence. this bombshell testimony as if it will change the game. with all of the fact finding and the urgency and the matter of national security, it wasn't enough for them to get if in a timely fashion and 4 weeks nancy pelosi held on these articles to tidy them up. the president of the united states might be slammed with additional articles of impeachment or more evidence that the senate is supposed to take. i find that against the constitution. what we usually stand for is due process that we can depend on. that's the largest mockery in place right now. and just a reminder. it's chief justice roberts in charge moving forward. this is his show. >> it's mostly ceremonial for

him. >> but he has final say over the rules and the senate has a short amount of time to get their act together. >> what do you think about -- it might annoy everybody but it is happening. given that it is happening what do you think about what i said with bret baier. mcconnell is a creature of the senate. he will make this boring, calm, sterile and i think what about that tactic rather than fiery? >> well, i think it's a great tactic. i am like a viewer. i am sitting here, if it's boring i will go crazy. i don't want to watch this. why is this happening? the answer was last night when you saw the debates. the democrats and the media realize they can't win with the selection from last night. there is their election replacement supplement. we are paying these people.

they are on the clock. they are indulging this emotional revenge on our time. shouldn't that mean we have a right to say super awful things about them? we are paying them to get something out of it. mocking them because they deserve it. they are taking our money and spending it on undermining our country. >> i think that it's important. . we witnessed the rage from the right over this impeachment process. what about reality that the president tries to use his office to get political dirt on an opponent? we continue to see evidence coming in that this was taking place in terms of even surveillance of a u.s. ambassador that was threatening to her life. >> part of the job. >> part of the job? the president of the united states is threatening an

ambassador. >> he was not threatening anybody. >> you can't say the evidence was leaked with the track record of trump obstruction. one. of the articles of impeachment and he said don't testify. don't send the documents over. if he is innocent, are you curious? why not put it on the table. >> why is he acting like an innocent person? >> an innocent person says let everyone testify. >> if you are accused of a crime you are not taking the stand. >> oh, no. >> putting up a good defense. in this country you are innocent until proven guilty. >> did bill clinton take the stand? >> bill clinton was convicted of felonies. not donald trump. felonies! he was disbarred from practicing law, juan. >> you missed history.

bill clinton was not convicted by the senate. >> bill clinton was convicted and accused of felonies by the special counsel. >> this is how people start -- >> [overlapping talking]. >> oh, stop it. >> abuse of pour in terms of bribery. >> that's not a charge. >> it is. >> he could not have hack it. you failed and that's why you have been sitting around this desk for the last couple of weeks pouted and moaning. if you were in a good mood because justice would be done. we left smiling. we know he is acquitted and he is reelected. >> here's why i was pouting. it's january and i was waiting for your snow job. >> it's global warming. no snow. >> [laughing]. >> say bring it on.

bring alling of the evidence. >> the investigation in the house and you try it in the senate. you had your shot in the house. you failed. >> because you have a president who is acting like a monarch. >> that's an opinion. it is not fact. >> it is. >> [overlapping talking]. >> all of this is based on an opinion. every problem you have on trump is i don't like his personality. >> don't testify! >> that's not obstruction. >> this is jerry nadler. this is sound bite number 1. this issue. should there be witnesses or not? this is chairman nadler's position on hunter biden. >> any witness who has information about whether or not that is true or not true is a relevant witness. anybody like hunter biden who

has no information about any of that is not a relevant witness. >> they are going to keep -- the position of the democrats will be they might want certain witnesses but don't want hunter biden. >> the difference between material and immaterial. >> i am asking the lawyer. >> first this hasn't changed. the democrats want to neuter the gop's presentation in defense of calling witnesses. they argue it's immaterial and the gop argues it is material. ultimately it seems to me their strategy is let's get everyone in here and everyone should be committed to the highest level of transparency. we will see. >> colin signalled today that

the house did an imcomplete job. greg you had a great monologue. >> yes but we will use it tomorrow. >> klobuchar, sanders and warren, they will have to come off the campaign trail 10 days before iowa. sit there in the senate and not be be a to say anything. is that a good idea? >> well, it doesn't help them. it might be biden.able to say a. is that a good idea? >> well, it doesn't help them. it might be biden. in decades the stock market will go higher and the media is pushing impeachment like the apocalypse is coming. hollywood is the least trusted. slightly above that is the media. i think i trust hollywood over the media at this point.

>> what did you think about the debate last night? >> i was bored by it. i thought it was flat. bernie sanders had a good night. only one with charisma but makes no sense talking about money. biden for someone who has been in politics for 30 or 40 years, he seemed befuddled by the basic element of policy like healthcare which should be his signature deal. obamacare. he could just drop the hammer on these socialists on the stage and say let's just expand obamacare. medicare for all is crazy. let's move on but he doesn't. he doesn't have the skills and he is not sharp enough. elizabeth warren, man, she is so weak she had to play the gender card. i don't think it came all well. she's falling in the polls. it made her look small.

the moderator, he said and she said. >> what greg talked about in terms of the media. i think cnn said we know that bernie sanders said this to elizabeth warren even though bernie sanders said i didn't say it. me in the audience wants to hear her argue with bernie sanders about his denial. i think that wasn't fair to bernie sanders. it's telling that you are able to see at this table republicans are taking bernie sanders's side. >> you know like president trump knows, thinks not knows but thinks bernie sanders is more easily defeated than joe biden and even elizabeth warren who said can a woman win? she said yes. look at the women on this stage. >> it was a matter of fairness. you even saw liberals say that bernard was treated unfairly.

>> that's what you just said. >> it's obvious. that was a lot of fun. >> [laughing]. >> that's it for us. never miss an episode of "the five." >> unless they cut in again. >> oh! >> hold it right there. >> [laughing]. >> "special report" is next. president trump lashing out calling impeachment a con job by the do-nothing democrats as they walk from the house to the senate and pops and circumstance moments ago. john roberts at the white house of what else the president is saying about impeachment and a

big china trade deal. we begin with chief correspondent mike emanuel on capitol hill. >> are