the union address. largely on a virus that has nothing to do with impeachment, that one looks out of control. here comes "the five." ♪ >> dana: hello, everyone, i am dana perino along with emily compagno, juan williams, jesse watters and greg gutfeld. it's 5:00 in miami and this is "the five." yes, "the five" is here in miami for the super bowl but first, let's get into some breaking news because it's a pivotal moment in president trump's impeachment trial. house managers and trump's defense team have wrapped up the vote on witnesses and we will see how things wrap up from here. let's get the latest from

chad pergram. >> we are waiting for them to come to some sort of agreement to figure out what the lay of the land is going to look like for the rest of the senate trial. they want to have final arguments from the defense counsel, the impeachment managers. maybe speeches from senators and how they bring this end, that is what is going on right now. there's negotiation going on off the senate floor but that is why we are in a weird call, they're not try to take attendance but they're trying to negotiate some kind of agreement offstage. one rumor that was burning to the capital this afternoon is that there was an agreement that they could postpone a final vote on the verdict, both articles of impeachment until next wednesday. chuck schumer, the minority leader says this, listen. >> we have stood for one thing. we do not want this rushed through. we do not want this in the dark of night. members have an obligation to tell the american people and

their states why they are voting. we are not going to use -- we are going to use whatever power we have two prevent it from being rushed through but right now there is no agreement. >> we are waiting to see what might come out tonight that will determine how long they go tonight, how long they go tomorrow and do they may be postpone a vote until after the state of the union. one thing i've been told, there is nightmare so they might have to take the essay on the senate floor and there is concern that if they lead this out until wednesday or thursday there is always another bombshell that might erupt on capitol hill.

when you have the votes to move something you move quickly and, right now to say let's get this over with and perhaps about this weekend. >> dana: all right, thank you, chad. we appreciate it. everyone would appreciate if it wraps up but it wraps up when it wraps up. i want to play a couple of things, this is from the democrats who are saying the president, even if he is acquitted they don't think that would be legitimate if they don't have additional witnesses. watch. >> if my republican colleagues refused to consider witnesses and documents in this trial, the president's acquittal will be meaningless, because it will be the result of a sham trial. >> you cannot have a true acquittal if you have not had a fair trial. >> he will not be acquitted, you cannot be acquitted if you don't have a trial. the bigger the decision is an offense against the senate, an offense against the rule of law

and its an offense against the american people. >> one of the president's lawyers patrick philbin had something different to say about that. he said the impeachment would actually be considered a legitimate. >> the house managers have said throughout their presentation and throughout all of the proceedings here again and again that you can't have a trial without witnesses and documents. it's just that simple. if you are going to have a trial there has to be new witnesses and documents. but it's not that simple. there is no need for that because these articles of impeachment on their face are defective. >> dana: all right, let's take it around the table. we're here for the super bowl but we still have impeachment going on and obviously they really like patrick philbin. >> jesse: big cheers for philbin out here in miami. he's the starter around here. no, i cannot believe the democrats are trying to impeach the president on super bowl weekend. it's un-american and their timing has been terrible. terrible timing, permission to

make an analogy, day and a customer asked me to your asking me? >> jesse: it's a sports analogies that try to follow along. on sunday night 49ers are going to play the chiefs and at the end of the night, the clock is going to run out, one team is going to go back into the locker room and the other team is going to celebrate victory. why can't democrats take a page out of that book and lose gracefully? these people have not excepted defeat when trump won in 2016. they didn't even accept mueller reports. now they are saying the senate trial where he's going to be acquitted that he is not going to be acquitted and it's not a fair trial. i mean, this is like flipping a coin, heads i win my clement tails you lose. my 8-year-old daughters have a better grip on reality than that. you can't accuse the skype cheating everything will time he beats you are you look like sore losers. you've got to wrap it up, vote on witnesses, vote to acquit and do what americans do best.

you debate and then you vote. >> dana: also, what about the fact that we have all of this illegitimate thing, it's like, word games. >> greg: what they have done, to use the football analogy, they've moved to the goalpost into the parking lot. i don't know where else they can go with this. chad, if i may call him jack, we've never met -- >> dana: have you hung out with jack? >> greg: no, but it's all about the next bombshell, which are never bombshell's but they're always waiting for the bombshells which turned out to be egg shells. you know what drives me crazy, though? how can the meds -- the media and the dems always be so outraged when you knew the ending to this? we talked about this, we said this was how it is going to end. this is like leaving the theater after seeing "titanic" and saying, you didn't tell me this ship was going to sink! now i'm sad. this is all kabuki theater. the media dems say you are stupid and you were going to

fall for this, another film analogy, they are stalking the president. this is political stocking. they are like the government version of "glenn glenn close in"fatal attractione american people are the bunny. this is a three-year long obsession which proves it is an emotional event. the reason why you see this hyperbole now amongst "morning joe" and all the other nincompoops who are pulling out what's left of their hair weaves. >> dana: they don't have your hair. >> greg: this is real, morning joe! >> dana: there is an old adage in politics were if you're going to lose, lose quickly. but the democrats are wanting to drag this out. >> juan: i don't think they necessarily view it in that way. you guys talking sports analogies, i think it is a little bit like tom brady deflating the football and then winning. everyone says, oh, what are you going to do? the houston astros, oh, you know

what, we're cheating. so you have the u.s. senate, they are deliberating and meanwhile, john kelly the former chief of staff says, yeah, you know what, john bolton is probably telling the truth and i think that the president was up to something. and john bolton in "the new york times" story today gave more information from the book. what is bold and sank? he was in a meeting not only with the president saying put pressure on the ukrainians, but also putting now the president's lawyer in that meeting. he started to think to yourself, yeah, there is more coming. >> greg: bombshells. >> juan: no, it reminds me specifically of what we heard from lamar alexander when he announced he would not vote for witnesses. the democrats proved their case, but you know what, yeah, it's excessive, it's not good behavior but i'm not going to vote for impeachment. you think, what is going on? if all institutions in the country, have they gone to hell?

>> jesse: don't destroy the institutions of this country x back >> juan: i think donald trump is doing a good job. >> dana: the senators are at the jurors, and if they want to go home, what should they do? try to get this done this weekend? >> emily: i think it is in everyone's best interest to have this concluded before the super bowl. what you're talking about is the institution has been already blasted apart by those guys on the hill. i have never seen such a perversion of due process or procedure in my life. i go back to what nancy pelosi said. she called today for the disbarment of the white house attorney and meanwhile, when she was asked about why bribery was not part of the original articles of impeachment she said, i'm not an attorney. then adam schiff on the floor a little while ago that said, the dershowitz defense of unconstitutionality. have these people literally attacking the notion that the white house is defending the

defendant on trial and treating this entire trial, the jury come of the juror aspect of it as a fact-finding. but that is what is supposed to be what the house did. they failed, they apparently need more evidence and more bombshells and more ticking clocks, but at the same time nothing has been uncovered. which is why the ending was predictable. >> juan: by the way, what i was saying, john kelly the former chief of staff was saying 75% of the american people, the constituents of the senate, think that we should have witnesses. and yet, the institution somehow says no, that is not it, it's just about showing loyalty to trump. >> jesse: you can't have a witness if there was no crime. >> juan: oh, my gosh. >> dana: we can keep talking about this but were going to talk about the super bowl. you've got to stay with "the five." special surprises coming up. it's important to have a reliable network. we all use it in different ways. (vo) everyone in your family is different. someone's streaming sports, someone's video chatting her friend.

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♪ >> juan: welcome back to "the five." a live look at the senate floor on this day of the impeachment trial. we are still awaiting a crucial vote on witnesses. if the vote fails it will clear the way for president trump's acquittal. here is adam schiff earlier. >> let the american people know that you understand they deserve the truth. let them know that you still care about the truth, that the truth still matters. though much divides us, on this we should agree. a trial stripped of all its trappings should be a search for the truth, and that requires

witnesses and testimony. a trial without witnesses is no trial at all. >> juan: emily, how would you respond to that plea coming from the lead prosecutor, lead impeachment manager on the democratic side? >> emily: how hypocritical i find, given that the entire time after this started the house is clamoring for witness testimony at that point. so much so they had pending court cases about the testimony. then all of a sudden it didn't matter. and i had to be rushed to finish. then all of a sudden it didn't matter, and instead they sat on it for four weeks. it's difficult for me to believe anything out of that man's mouth but especially when it comes to an actual appreciation of or commitment to actual fact-finding or natural result that makes sense in any way possible because this entire thing has been predictable, political game playing. >> juan: when you hear adam schiff's a fair trial and you look at the polls and people say we want witnesses, what do you think? >> jesse: i say i don't care what adam schiff says. i don't care if he wants a fair

trial. it wasn't fair in the house. he doesn't get to play it like that, he's not in charge. the democrats only want their witnesses. they don't want republican witnesses and that is just not fair. to be lectured on fairness from him is ridiculous. this is why you can't trust democrats with power. they will abuse it, they will run over the constitution, they will put up fabricated pieces of evidence, they will lie about it, deceptive articles, bogus subpoenas, then they will claim that they knew what the framers wanted. i listened to hours and hours and days and days of testimony from probably some of the smartest litigators i've ever heard in my entire life, and they destroyed the democrats' defense on the facts. they destroyed on the evidence, precedent, the constitution and the history of this. these are weak articles, they never should've been set up, this half-baked case was poisonous. and then are all of a sudden saying the senate has to swallow it. the senate doesn't have to do that.

the senate can do whatever it wants. and what the senate wants to do is get this over with and get onto the 2020 election. >> juan: the issue today on the democrat side, lamar alexander, the senate from tennessee announcing that he would not vote in support of allowing witnesses to testify. and that was followed up later today when lisa murkowski said she too would not vote to allow witnesses. what's going on on the republican side? >> dana: is interesting because it's like, the media had all the headlines that the republicans didn't have enough, had the votes to block witnesses. it wasn't that the democrats had to prove their case in order to force witnesses. i think somebody like senator alexander and senator murkowski, who two days ago the democrats were saying, these are really printable people. they are so amazing. they think that's their conclusion. and it's like, wow, what happened to them, they must not have their heads screwed on

straight. i think both senator murkowski and alexander were thinking about the institution of the senate and going forward it is not a good idea to allow house process that is not complete, that doesn't go to the coequal branch, the judiciary, to solve the dispute before sending over something that is half-baked. >> juan: from my perspective i think obstruction is very real. let me play you something. this is schiff saying john bolton should be under oa oath. >> so here you have the president saying john bolton is not telling the truth. let's wind out. let's find out. let's put john bolton under oath. let's find out who is telling the truth. a trial is supposed to be a quest for the truth. let's not fear what we will learn. >> juan: former chief of staff kelly saying he believes bolton.

what do you think? >> greg: it doesn't matter. adam schiff said he was condemning division, which is like a pig condemning pork chops. he is 100% made of the stuff. impeachment requires two-thirds of a senate vote to prevent partisan impeachment beard this is something the democrats have invented. it is a nuisance, impeachment. it's like a nuisance lawsuit except all the democrats are wearing neck braces and doing slip and falls all at once. the sad thing about nuisance impeachment is that they are easy to do depending on who controls the house. both sides can do this and it's going to be a ping-pong thing. remember how we are comparing this impeachment to the one in the '90s. how soon will we be comparing and impeachment of the future to this one? it could be next year, two years because a nuisance impeachment will be ongoing. it's like construction outside your house. first day you are like, what is that doing their? then you just get used to it.

>> jesse: actually, i'm excited about impeaching the less democratic president. i can't wait. >> greg: what if it is kanye west? >> jesse: then we will let it slide. >> juan: honestly, maybe we are hot in miami. another live look at the senate floor in washington as we await their crucial senate vote on impeachment trial witnesses. you've got to stay with us because "the five" is live for miami. t's be honest, quitting smoking is freaking hard. like quitting every monday hard. quitting feels so big. so, try making it smaller. and you'll be surprised at how easily starting small... ...can lead to something big. start stopping with nicorette

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obstructing a fair hearing. speaker russia, if you're listening, 2020 is open for investigation. >> this is a cover up plain and simple. speak of what we see now is really shameful, an episode in our history that is going to wear down for many, many years. >> he is saying essentially, let's say this is a court case. yeah, yeah he beat his wife. so? >> jesse: this shows me how ineffective the media is. the media and the democrats, because they work together, not able to commence one republican in the house and not one republican in the senate side against the president. >> greg: i wrote down five things you probably didn't know about the media but you know now. number one, because they are an older echelon, they are getting kind of gross and nonsensical. that leads me to my next up, number two, i think there needs to be term limits for people in the media. >> jesse: except us. >> greg: except us, sorry.

number three, if they could spend all this time on this baloney they must not be doing much else, if they can put all their energy into this. number four, they are no longer useful to us, right? there has to be a better way to get your information them from these people. like "the five," fox news, or online. that is a good way to get your news. finally, they all know that it's a game. they know this was a game, they know how it's going to end, right? so they are just playing you for a fool thinking you won't know that beer those are my five things. i will be publishing them later. >> jesse: if you look at what we seen the last three years, the media tried to get hillary elected, failed. they tried, they pushed the mueller report, no collusion. now they try to push impeachment. that is about to fail. what does that say about how strong the media actually is in america? >> juan: i think that what you are talking about is what you perceive to be liberal media. you're not talking about conservative media like "the wall street journal," i'm talking about the number one

website in america, the number one newspaper, "the wall street journal." i could go on. my point do you is when people report something like alan dershowitz as, as long as the president thinks it's in the national interest for him to get reelected, then he can do anything. >> greg: he didn't say that. >> juan: or pat philbin says it is okay for the president to get information from a foreign government to use against a rifle. and you say, oh, media, that is terrible! why are you reporting that? >> jesse: so juan disagrees with the two constitutional scholars in the country pair that is okay. >> juan: an analogy. this is tom brady and the soft football and you are saying, no problem. go right ahead. >> jesse: you are letting the air out of this conversation. what do you think about the media's performance impeachment seeing? >> emily: the whole line, it is one big delusional fabrication. it reminded me of watching an episode of "lost." or "the matrix."

you're screaming at the screen, how can you be living like this because markets insane. and you realize it is just a bubble of delusion. if we can show it for a second, we have someone who loves to perpetuate that delusion even further, which is joe biden talking about that this isn't partisan impeachment. take a look. >> partisan impeachment was wrong in 1974, wrong in 1998. why isn't it wrong now? >> because it's not a partisan impeachment. he violated the constitution. period. even if it is a party line vote, it just reflects on those who know in fact in their heart and their head that it is in fact a violation of the constitution to do what he did. >> emily: cocoon delusion. >> jesse: joe biden is saying this is not a partisan impeachment. i don't see how he squares that circle. we do that is a hard one. forget lamar alexander and lisa murkowski and whether they

would vote for witnesses, we knew the present was going to be acquitted. the question is really, are there more democrats that are going to vote with republicans on acquittal customer asked me when we think there are a few of them. >> dana: if they don't, i'm not going to criticize them. >> jesse: i will, dana. all right, coming up next, the 2020 election heats up. president trump gets the rock star during his iowa rally as the democrats get ready for the caucuses. fun fact: 1 in 4 of us millennials have debt we might die with. and most of that debt is actually from credit cards. it's just not right. but with sofi, you can get your credit cards right by consolidating your credit card debt into one monthly payment. including your interest rate right by locking in a fixed low rate today. and you can get your money right with sofi. check your rate in two minutes or less. get a no-fee personal loan up to $100k.

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>> let's vote for pocahontas. let's vote for bernie. let's vote for sleepy joe. [crowd booing] he always gets the name wrong. how about pete buttigieg? they call him mayor pete, you know why? because nobody can pronounce his name. what happened to minnie mike? where is he? he is not running. he is skipping four or five states. many might, i've had him up to here. >> emily: mitch mcconnell speaking on the floor right now, were going to take you live to that. >> under the impeachment rules, any motion to subpoena witnesses or documents, the yays and nees are required under resolution 483. the clerk will call the role. >> mr. alexander, no. ms. baldwin. i've.

mr. barrasso. no. mr. bennett, aye. mrs. blackburn. no. mr. blumenthal. no. mr. booker. aye. mr. bozeman. no. mr. braun. no. mr. brown. aye. mr. byrd. no. ms. cantwell. aye. mrs. o. no. mr. cardin. aye. mr. carper. aye. mr. casey. aye. mr. cassidy. no. ms. collins. aye. mr.. aye. mr. cornyn. known.

aye. mr. cotton. no. mr. kramer. no. mr.. no. mr. cruz. no. mr. daines. no. mrs. duckworth. aye. mr. durbin. aye. mr. enzi. no. this is feinstein. aye mrs. fisher. no. mr. gardner. no. mrs. kirsten gillibrand. aye. mr. graham. no. mr. grassley. no. ms. harris. aye. mr. hawley. no. mr. heinrich. aye.

mr. hoven. no. mr. inhofe. no. mr. johnson. no. mr. jones. aye. mr. kane. aye. mr. kennedy. no. mr. king. aye. miss amy klobuchar. aye. mr. langford. no. mr. lahey. aye. mr. lee. no. mrs. leffler. no. mr. mansion. aye. mr. markey. aye. mr. mcconnell. no. miss mick sally. no. mr. menendez.

aye. mr. merkley. no. ms. murkowski. no. mr. murphy. aye. mrs. murray. aye. mr. paul. no. mr. purdue. no. mr. peters. aye. mr. portman. no. mr. reid. aye. mr. rich. no. mr. roberts. no. mr. romney. aye. ms. rosen. aye. >> emily: what you are seeing there is the senate voting on impeachment witnesses. let's go to chad pergram right now. you speak of this is where they

to cut standard roll call vote. this was the seminal vote we have been hearing about. a gateway vote about whether or not they would open the door to call witnesses or not. this is a pretty important vote. susan collins from maine and mitt romney from utah, republicans last night announcing they would vote for witnesses. lamar alexander, republican from tennessee last night saying he would oppose it and lisa murkowski saying this morning that she would oppose it. we expect this to go down. what is unclear after this, the senate is going to take a recess according to the senate majority leader mitch mcconnell. what happens next? it was pretty clear that mitch mcconnell had the votes to block this democratic effort to extend the trial and call witnesses. it's pretty clear they have the votes down the road to exonerate the president of the united states on both articles of impeachment. but what senate majority leader mitch mcconnell lacks right now on votes on how you get from letter a to c. he lacks the votes on b which is how you finish the trial.

do you have additional debate, how much time do you allocate for the defense counsel in the impeachment managers to present their closing arguments? emily, that is the key question. right now there is a problem on the republican side of the ais aisle. they don't have the votes for that middle step and that is why a lot of people think this could go deep into the night. they are trying to negotiate an agreement. there are senators on the republican side who want to wrap this tonight, saying wait a minute, we have the votes to exonerate the president. let's vote now. why stretch this out through state of the union, this proposal floated earlier in the day. maybe vote on wednesday, after the state of the unit about what we know now is that this effort to summon witnesses, that is what they're voting on right now and then we will have a recess of an undetermined period in the senate trial as they try to negotiate what's next offstage. that part is very unclear and very murky at this hour. >> dana: actually it's going to be dana and i will take it around the horn here because

what we are basically seeing is what we knew what would happen. i guess we did know about the witnesses, that was in question. but we know the ultimate end, which is acquittal. now to this point, if the democrats know that the republicans will prevail on no additional witnesses, why not just try to get it on this weekend? i don't understand their political benefit of dragging it out. >> jesse: when you drag it out there is an opportunity for more bombshells. also it gives the media an opportunity to continue to shame senate republicans, who they think are someone on the fence, and they want to make sure that donald trump delivers his state of the union address as don acquitted. i just don't see why the republicans in the senate, they don't have the votes right now to say let's just wrap it and go, why don't they just say let's do that, get it over with. why do they have to say i want two hours to say something and then i just want another couple

hours to say something. we've already heard from all of these managers, we've heard from the president's defense counsel, we don't need to see from 100 senators. they just put out a statement instead. >> dana: chad pergram, are you still there with us? >> i am still here. >> dana: what was the final there? >> pretty much what we thought, 51-49, the senate voted to reject the motion on calling witnesses and because they don't know the road map next this is why the senate is in a recess of an undetermined period. they're going to try to figure out what is next. but 51-49 is the breakdown and that is kind of what we thought earlier today once we got the announcement from lisa murkowski that she would oppose calling witnesses, and the announcement last night from lamar alexander, mitt romney, susan collins and so on. everything was set in stone beer but the problem is mitch mcconnell doesn't know how to get to a final vote. in the senate trial. and that is what these offstage negotiations are going to be about deep into the night

tonight. >> dana: coming up, one question from juan. >> juan: you get two both from republicans for allowing the witnesses, and now you are telling us that in fact the republican side led by mitch mcconnell doesn't have the votes to shut this down? and i think, just sitting here, that it must be that some republican senators want the opportunity to speak as to why they are voting the way they are voting when it is seen as so damaging to the institution. >> absolutely. you could see where someone like susan collins, the republican from maine, she's facing a competitive fight this fall in a battleground state. she might want to come out and talk about her position. there's a lot of senators, even though those who want to extinguish this trial as quickly as possible who say we are senators, this is an impeachment trial, we have not been given the opportunity to deliberate and speak on the senate floor.

it is our right. that is the fundamental right of the senate, unlimited debate and if you are going to neuter that you fundamentally change the essence of the senate. if you had none of that in the senate trial, some people might think that undercuts the essence. >> dana: chuck schumer is live. let's go to chuck schumer. >> where the senate turned away from truth and went along with a sham trial. if the president is equated with no witnesses, no documents, the acquittal will have no value because americans will know that this trial was not a real trial, it had no witnesses, no documents. it is a tragedy on a very large scale. i will now be going up to my caucus to discuss what we are doing next. i will not talk about it here. okay? thanks.

>> dana: chad pergram, if you are still there, basically, chuck schumer knew this was the likely outcome. what is he going to go up and talk to his caucus about? it's because he is reveling in the fact that mitch mcconnell has this problem. the problem is not with democrats, it's with republicans. they have the majority. they had the majority move. so that is the issue now. he's going to talk with his caucus about if they come back into session, what things does he put on the table. what proposals? you might remember that very lengthy session tuesday night last week going into the wee hours of wednesday where they considered multiple proposals from chuck schumer about how to consider the trial, what witnesses to call. talking about calling john bolton, mick mulvaney, the acting white house chief of staff. you could have a similar reprise of that in the next few hours if the senate were to be in session and this is why mcconnell has recessed the senate, so they don't get into that right away and then you have a lot of

senators, some vulnerable senators having to take the challenging votes for dragging the senate into this quagmire as they fight over this. what they are going to try to do is go back and say, what are the issues here, what should we be considering? a proposal from dick durbin, the democratic whip, along with sharon brown from ohio and richard blumenthal of connecticut to allow all senators to have a ten minute wedge of time to talk, put their positions on the record about the trial. because again, senators have not spoken on the senate floor during this lengthy trial. senators think they represent x number of people in each state, they should at least be able to express their views on the senate floor in a debate. in only the third presidential impeachment trial in senate history. some people, regardless of whether you think you should impeach the president of the united states or not, some people think if you can't do that, what good is that if you can't even debate that on the senate floor? >> dana: that makes a lot of sense, i understand what the senators want to have their say. let's go to john roberts with

the latest for us wherever you are, john. >> north lawn of the white house. >> dana: i couldn't see where you were. >> would love to be down there in miami where the president is most of the way there. he will be landing in west palm beach pretty soon. i'm sure they were watching the vote on air force one a short time ago. clearly it was no surprise. they know that mick mulvaney had the votes to turn down witnesses. and it's interesting because the president has said all along, i would like to have witnesses, i would like to hear from john bolton, i would like mick mulvaney to testify, i would like to have mike pompeo go up there and tell his story but i also want to hear from people like hunter biden and the whistle-blower and maybe even joe biden. it was clear that if there were going to be witnesses that the republicans and the president in particular were going to push for peer democrats can't just have their witnesses pier the white house and the president are going to want to have his witnesses as well. i mean, this does alleviate

along battle because i'm sure there's no way that pat cipollone was going to let john bolton get up there in front of congress and testify without it going through all of the courts and that could be a lengthy process that could take place over the course of weeks if not months. this is going to alleviate along, drawn out battle that could go well into the primary contest. i think what we are seeing here in the senate is no surprise to the white house. i think they are probably pretty happy with the white house. but as chad pergram was saying, now how do you get to the end? the white house is confident there are not 67 votes to take the president out. there might be a couple defections but that is only going to get you two may be 50, 51 votes maximum, so certainly not 67. so president trump is confident he is not going to be removed from office and you watch because he tweeted about it today, saying he believed the process and the house was completely unfair. the democrats had all the witnesses they wanted, a lot of

it was behind closed doors. some transcripts were not released. his team was not allowed any witnesses in the house proceeding. didn't even have a chance to present its case until it got to the senate and that is something that he will definitely focus in on between now and november. to say that republicans are not getting a fair shake out of this process and that nothing should ever happen like this to an american president. the president will say he is doing this for future presidents, not just himself. >> dana: he has said that. we have news from chad pergram about something out of mitch mcconnell's office. >> mitch mcconnell just put out a statement about that boat that went down rejecting witnesses. he said what we've been through all these documents, we've heard all these arguments, we don't think we need to have witnesses but i'm going to refer to the final paragraph, i'm reading this off my phone, things are happening in real time. senators will now confer among ourselves with the house managers and with the president's counsel to determine

the next steps as we prepare to conclude the trial in the coming days. in the coming days. this is the first time definitively we have heard something from someone in leadership that the senate majority leader mitch mcconnell indicating that this is not going to wrap up intimat imminently. i was told they thought there was no chance this would wrap up tonight so coming days is the key question. a couple of hours ago on another program i was asked whether or not they will consider postponing state of the union. there is a bit of a logistical issue here for tuesday. i spoke to one congressional security source who told me there had been no consideration of that whatsoever. but would not rule it out. here's the other thing. so much of what we see in politics is very scripted. it's very kind of, we expect, then b, then c. what we are seeing at the capital is unfolding in real time. we really don't know how this is going to turn out. we know that probably in a day or two that they will exonerate

the president of the united states on the articles of impeachment. but what happens in the interim? what happens tonight? what happens over the weekend? who gets to speak? that interim kind of process is very up in the air. mitch mcconnell nor chuck schumer nor any of us can interpret exactly what is going to happen, because nobody really knows. why? it will come down to the votes. they will have to figure out some sort of agreement, 51 votes to pass the senate and set the remaining framework of this trial and get a final verdict's for the president. as mitch mcconnell says, in the coming days. >> dana: all right, closed quote. we will take it around the table and the remaining time we have. >> greg: think out they kept that short. wow. i've said the same thing over and over again because we knew what was going to happen. the story never changes. it's like when you're dealing with a drug addict who says, now, i've changed. we knew how the vote was going to go, we know how it is going to go next week or the week

after that because we know the nugget of this story is that it was initiated three years ago, right? this quixotic adventure is not about a phone call, it was about the day hillary loss. we all know that. what we are being forced to participate in as the democrats' version of revenge porn and that is why it is so exhausting to listen to this every day and i feel sorry for the viewer who has to sit through this crap. >> jesse: funny you say that because adam schiff actually tried to get pictures of donald trump. well said. i'm not going to spike the football because i'm not going to do that, i'm not a show about peer democrats just suffered an enormous tactical loss right then on the floor of the senate. we know how it ends now, this is a strategic retreat by the democrats. they are trying to empty their clips but it's pretty much done. mitch mcconnell has guided this thing through the system very well, very methodically, very maturely.

a little bit of a speed bump here but i'm sure he's going to bring the boat to home. this now looks more than ever that this impeachment thing was a move to protect joe biden. trump has zeroed in on his family's corruption. they tried to knock him out at the knees, it went all the way up to the senate trial and then we get an acquittal. you have to look at yourself and think, this thing backfired because now everybody is talking about where is hunter, everybody understands joe, quid pro quo joe is his new nickname here it is god size is microscopic and bernie sanders is surging in iowa. so we did not go as planned. so my only thing is what are the democrats do next? they boycotted the inauguration, they try to impeach the president, he gets acquitted, what are they going to do in a second term? they handled the first lawsuit terribly, what happens with a

landslide? i'm scared, juan. hold may. [laughter] >> juan: i know, i know. my darling, you are so -- because i can see that on the republican side right now, mitch mcconnell scorched earth strategy to protect the president, but it is clearly no longer the g.o.p. it is the party of trump and they are protecting trump and no holds barred. let's just protect donald trump. they couldn't get two republicans to say shut down a fair trial, no witnesses. that is why the two broke away. they couldn't. but remember, the american people, the democrats couldn't say four to simply say let's have a fair trial, let's have witnesses. >> jesse: you're going to get three democrats to vote to acquit. >> juan: hang on. what you get right now is republicans, republican senators starting to ask questions about how they come out of this even in the party of trump. what will they look like with a ticket led by donald trump where they have to defend the fact

that they allowed the senate, the institution, to suffer such damage that they allowed the american people to be deluded, that john bolton is off the charts. everyone around donald trump goes out and says, but we've got to protect donald trump. >> dana: emily, people have such strong feelings on both sides. if you look at the polling from the beginning of this until now, nothing has changed. except the president's approval rating has ticked up a point or two. >> emily: while this is going on he is actually earning the paycheck he donates while everyone else on the hill is not earning the paychecks that we pay in that our tax dollars pay. we are so far beyond strategy at this point, we are so beyond, it's just ego. the ego of schumer, especially in those comments right there where he is basically saying he has zero faith and his fellow senators. it was their prerogative and their assessment during that vote to determine whether they needed additional additives to vote and move on articles of impeachment. the votes said enough.

why all of a sudden when it suits them as a political process and all of us on, no, it's a trial that we see mirrored an actual court and therefore witnesses are a must. but there was zero discussion of evidence. i think the g.o.p. has extended a generous amount of patience. but it's not infinite. to your point about just around the corner, just around the corner, what about this? at what point is it going to end? the statement we just all right there, it ends now. >> dana: the state of the unit, i don't think they're going to -- they will figure out a way. i don't think they should delay the state of the union. everyone wants the president to say -- >> greg: i am making my state of the union queso. if i can't have my queso, i don't know what i'm going to do. you know what i'm going to do customer in a lifetime thing. it's about the power of the house, the power of the president, but most important, the power of the media to shape a narrative to suit their need. that is what this is about. >> juan: you know what this is

like? i remember after mueller the president said he had been totally exonerated. of course mueller said no such thing. but what i'm saying is the president comes out and he just -- talk about setting the way america things. it's the guy with the bully pulpit and you can be sure that is what trump is going to say that, even though that is not what happened. >> greg: but he was a disaster for your side, even democrats admit that. he was not in good shape. >> juan: i see, because he didn't indict the president. >> jesse: he spent two years investigating hoax and then couldn't defend his own work during a hearing. >> juan: oh, my gosh. to be when you keep saying trump is destroying all these institutions. i would argue the left is destroying themselves. if you look at the fbi, peter strzok, james comey, they destroy that institution. the media destroyed themselves because no one believes thing they say anymore because they live. the supreme court after

brett kavanaugh, now that institution has been compromised. no, that was another lie by people like dianne feinstein, michael avenatti. finally, now that the senate has constitutionally on the verge of acquitting the president, you're saying now the senate as an institution has been destroyed. all of that is not true. >> juan: let me just say -- >> jesse: i think you owe all those institutions and apology. >> juan: no, but they are being damaged and i hate to see it because i love america. the division's evidence of the fact that as we sit here today, the numbers haven't moved? and the numbers haven't moved from the spirit half the american people think this guy should be out of office. >> greg: you know what >> gregg: do you know what will heel people tomorrow night jesse has a shot. emily is on the greg gutfeld show tomorrow night. will. >> juan: i'm here. i'm putting down the liquor. >> dana: very good plug. >> greg: we are on at 5:00 on sunday.

>> dana: juan and i will will here 12 to 2:00. some plugs greg's hair. >> oh. ♪ >> dana: enjoy. ♪ ♪ >> bret: good evening, welcome to washington. i'm bret baier. senators have just defeated a measure to call witnesses in the president's impeachment trial by a vote of 51-49. it is a major step toward what now looks like an inevitable acquittal in this trial for president trump. what is still to be determined is the process of you who to get there and how long this trial may still go on. chief congressional correspondent mike emanuel tells us where things stand at this minute. a lot has been changing. good evening, mike. >> yeah, bret. good evening. no question. within the last few minutes republicans defeating that critical vote on witnesses as expected. 51-4. moments ago senate majority leader mitch mcconnell saying about it, q