speaker announced the beginning of the impeachment inquiry. lunch break here. we've already heard from the he said of the american people, house impeachment manager when they come back from lunch we we speak not only by those who will hear from the president's defense, waiting for that to are here with us now but for generations yet unborn. resume. our voices today are messages to >> we don't need a president who our future we may never see. when the history books are written about this tumultuous thrives on trying to divide us era, i want them to show that i up and my promise to you that as was among those in the house of representatives who stood up to president, our administration lawlessness and tyranny. will bring our people together. we the managers are not here >> melissa>> melissa: oh surging bernie sanders making a closing representing ourselves alone are just the house, just as you are pitch for solidarity. not here making the determination of the president's guilt or innocence for this amid reports that dnc insiders are looking at changing yourselves alone. the rule of their national and you and we represent the convention to stop sanders from american people, the ones at winning the nomination. home and at work who are hoping that their country will remain meanwhile, moderate pete what it has always believed it to be. buttigieg is painting sanders as outside the american mainstream. beacon of hope, of democracy, >> i think politics that says and inspiration to those driving you're either for status quo or

around the world to create their you are for a revolution. leaves most americans out. own more perfect union's. there's another way and that for those who are standing up to other way happens to be what lawlessness and tyranny, most democrats and most donald trump has betrayed his americans want to. >> melissa: adding to the oath to protect and defend the drama in iowa as if we needed constitution. but it is no not too late for uo more, joe biden surrogate john kerry was reportedly overheard in a hotel restaurant honor ours, to wield our power to defend our democracy. discussing "the possibility of bernie sanders taking down the as president abraham lincoln said at the close of his cooper democratic party." union address on february 27, not outright denying that for blasting reports that he was 1860, neither let us be slandered by from our duty by also talking about possibly entering the race himself, false accusations against us nor frightened from it by menaces of saying he has no white house aspirations. destruction to the government this is pretty incredible to me. nor to ourselves. let us have faith that right capri, didn't democrats learn makes might and in that faith, the lesson last time? debbie wasserman schultz had to step down, all those emails came lead us to do and dare to do our out, it showed the dnc putting duty as we understand it. the finger on the scales in today, we urge you in the face favor of hillary clinton, making some deals ahead of time, before of overwhelming evidence of the presence guilt and knowing that if left in office, he will it -- they're going to try to do it again?

continue to seek foreign >> capri: i would be surprised interference in the next that the dnc pulls the trigger election, to vote to convict on both articles of impeachment and on this for just that reason. there is still a lot of bad to remove from office donald j. blood between the bernie camp and the rest of the party, the trump the 45th president of the united states. party establishment. mr. chief justice, we reserve the balance of our time. look, if they feel like the dnc or the establishment is rigging this or stealing it from them again as they would see it, it >> the majority leader is is going to be disastrous for whoever the nominee is because recognized. >> mr. chief justice, colleagues they sat at home, voted for jill will take a 30 minute break for stein, all kinds of things in lunch. >> without objection, so order 2016. >> kennedy: they voted for trump, some of them. ordered. >> harris: all right, let's >> capri: made these grandiose jump in here as they leave the room there. assertions that hillary clinton and donald trump are the same closing arguments today underway person. >> sean: they took away the in president trump's senate impeachment trial in those superdelegates, nonelected proceedings now taking a break before the president's defense delegates. only on the first ballot. i know everyone loves to talk team gets it's two hours. two hours for each prosecution about contested and brokered and defense as they close up. convention but with the amount senators will then have a chance to speak and by the way, they of candidates in the democratic field, the amount of money they can kind of jump in so that can have, there is a real possibility of a number of them lengthen out the process, i going forward to the convention. suppose, it hasn't happened yet

but it's a possibility and all you need 50% and the thing of this ahead of wednesday's that's going to be really the ft vote to render a verdict on the two articles of impeachment. is done, the dnc will call those before today's hearing, superdelegates back in and when that happens in our minds are republican senator joni ernst said "it's important for going to get blown because that senators to speak out while going after democrats handling is when the feelings of 2016 will come back exponentially. of the impeachment process," watch. >> i to get important we talk >> kennedy: a lot of the superdelegates are elected about what we have seen through this process. officials, that's what mike bloomberg is counting on, that it's been highly political, we no one will meet that threshold know the left has been calling after the first ballot and he for the impeachment of donald j. can essentially promise money to trump since the day after he was anyone running. that's why he has more elected and so we really need to congressional endorsements right stand very firm and speak to now than amy klobuchar, he's americans and tell them that going to people in congress, this is not the process we want hey, i have deep pockets, need to go through. help with your reelection race? >> harris: you are watching and that's when that is "outnumbered," i'm unfortunately going to matter harris faulkner. but back to bernie, every time here today, melissa francis, the establishment is seen as host of "kennedy" on the impacting him, it's a shot of fox business network kennedy. vitamin b in the backsides of all of his supporters who are so former ohio representative, capri cafaro. protective and offensive, they and in the center seat, former press secretary sean spicer. see the same thing happening again and when hillary clinton comes up and says "nobody likes

bernie," all they want to do is "outnumbered," sometimes dancing, great to see him. prove her wrong. we will get to the discussion with everybody but first we want >> sean: bernie is going to to bring in our congressional win iowa, 99 counties, he correspondent chad pergram who organizes very well, basically of course is live on capitol hill outside the senate chamber with the very latest. won it last time. he's going to win new new hamps. jack, good to see you. >> a 30 minute break here i think is going to lose announced by senate majority leader mitch mcconnell. the democrats, the house south carolina. nevada, very big caucus impeachment managers still have a little bit of time left on organizing type of state. that means he comes into super their two hours, maybe they will get to that later this afternoon tuesday 3 out of 4. but we may also here at some this is when their heads are going to blow because it becomes point, we will certainly hear a real possibility that from the president's defense bernie sanders is the dye and team as they make their closing were going to see people who arguments. are these closing arguments didn't hit the 15% threshold resonating at all with any senators who could be on the and there is the realization fence? it takes 67, two-thirds that this is your nominee. according to the constitution to convict and remove the president >> harris: there are a few of the united states. words pop into my mind when we nobody thinks they will be anywhere near that number but talk about this scenario and they could be some swing they are from president trump, the game is rigged. republicans and some swing democrats on the offense. for republicans, first, susan >> kennedy: elizabeth warren collins of maine, mitt romney of has use the exact same verbiage. utah, they both voted for >> harris: if it's not rigged

witnesses, the only two it's completely -- what are they republicans who broke with the rest of the party. doing if they can't go forward i would also look at lisa either party with the person murkowski, the republican from who's got the most backing? alaska. in terms of democrats who could i don't understand that and if break ranks and may be vote to it's bernie sanders and that's all wider look at your party acquit the president, kyrsten maybe that's where you start, sinema, joe manchin from capri. west virginia who remember, democrats really are leaning so far to the left. president trump carried west virginia by an eye-popping he keeps coming back, you can't 42 points in 2016 and i would get rid of him, he's come back look at doug jones in alabama. even stronger. >> capri: so many factors go he is facing reelection this into electing people in a primary because you do have a fall. he took that seat that used to belong to jeff sessions in late stronger -- >> harris: who else thought you'd be doing the calculus of 2017. and jones is generally considered to be the most who can beat bernie anna prima vulnerable of democrats out there as we head into the 2020 primary. election. when they come back, they will >> melissa: are democrats continue to have this debate this afternoon and wants the really sure he's not the best closing arguments are done by the defense counsel by the candidate? i think now he's got enthusiasm, impeachment managers, it's up to it's not about who is broad, the senators. broad is boring. they will get charges of time, 10 minutes of peace tonight, >> capri: berni bernie sanders s a lot of people off in my party one of the reasons they weren't able to wrap this up on friday as well. night or in the wee hours of

i am telling you, i would - -- saturday was because the senators wanted to debate, they said were going to consider something as prominent as >> melissa: what about all the republicans president trump impeaching and convicting and turned off during the primary, maybe removing the president of the united states or exonerating him, we should have our say. he can't possibly win the general. senators have mostly been muted >> capri: we love to fight amongst ourselves, republican's for this two-week period, all are much better at unity and keeping their eyes on the prize. they've heard from the impeachment managers and defense counsel harris. >> harris: lawmakers do this. >> harris: will you y'all are fighting, that guy is taking i will keep my reaction to that. everything out the back door and he only gets caught with those melissa has a question. >> melissa: do republicans meddling kids. have to take all their time or can they wrap this up early this who's watching the door at this point? afternoon? this breaks your profits inside >> nobody has to take all their the party and republicans know time and of history as our guide little bit about this because they've had to deal with are that democrats take more or all they leaning right and how do of their time and republicans you bring everybody together? take a lot less. it sounded like the impeachment >> capri: there will be managers were completely wrapping up there if you listen irreparable damage if the dnc to the way adam schiff frames tries to change the rules of that, thanking some of the nomination midstream. staff. if you watch floor debate on big bills and the house of >> kennedy: they said they were changing it to make it more representatives, usually here, fair, debbie wasserman schultz

that's the code that they are came out and said we have this getting to the end of the debate. process to keep bernie sanders, this could be much more candidates like bernie sanders, condensed process and then we o away from the nomination. hear from senators on the floor >> harris: winning candidates. later today and tomorrow and wednesday. >> sean: the changes in the rules were done because of >> harris: chad pergram, great sanders, they did this last time to have you on the program, thinking this was going to thank you for the update. sean spicer, you know what i'm appease them. really curious about? they think about this, they change the rule, enter back in when do you make the shift to the state of the union? the superdelegates, sanders team we know there is a vote on was part of this negotiation to create this thing so it be funny wednesday but take a deep breath, we are ready to move if he actually -- onto the next thing, what signifies that? >> capri: there already going >> sean: the start of the state of the union. after tom perez. >> sean: a deal where the this is two separate shows, if superdelegates decide he's not you will. the guy and it's bloomberg or you have hard-core partisans watching what's going on to now, somebody else, this will be awesome. tomorrow night is a unique opportunity for the president, >> melissa: we are awaiting the resumption of the senate the only night when the world impeachment trial. stage, most of the country, a we will have that live as soon a lot of the world tunes in to hear the president talk about z happens, plus president trump where we are as a nation. it's completely different in letting his sights on michael terms of the audience and the bloomberg. tone. right now my guests, when you the former new york city mayor is responding and how furious look back to the last three this live rivalry could get ne years of his residency i think some of the three best speeches next.

>> i would love to run against he's given arguably could've been the joint address and the last two state of the unions. bloomberg, i would love it. ♪ i think you're going to see a what does help for heart failure look like? similar thing tomorrow night. he's going to rise above it, talk about the economy, where we come from, the result of his policies and where he wants to take us. i hope they low on this because this is an opportunity to say here's all the good things going on in the country, all the things the policies have done. my guess is that the white house looks at this as this kind of opportunity speech greater than the pure partisanship they are tuning into now. >> harris: is there of sound of air leaving the balloon of democrats right now, they are facing a headwind on this. no one thinks republicans in the majority are going to do anything other than what we expect them to do. >> capri: they may lose some democrats, joe manchin, doug jones, kyrste kyrsten sinema no.

this is the risk democrats took going this was an uphill battle and they still did it which is really fascinating and not necessarily politically expedient. one thing to watch for tomorrow evening in the state of the union is this overhang of politics of people that are going to be boycotting, long gone are the days of taking your bipartisan dates to sit next to at the state of the union, we don't see that very much. >> sean: i know from a visual standpoint you've got speaker pelosi right over the president shoulder, her facial expressions, i know that something the watcher's focus on but what is she saying when he's talking about how well the country is doing? >> kennedy: only her cosmetic dermatologist knows for sure. >> harris: wow. kennedy came to play. 2020 coming in, i love it. >> melissa: are you surprised by how disciplined how the president has been in this split screen presidency during this impeachment where he has gone out and done activities to prove

an out there, signing a trade deal, doing this, on twitter he shoots off his mouth as usual but it seems like he's been listening to his staff about getting out there in the morning before they go to impeachment and that sort of takes over the television screen and doing something. >> sean: he's gone to iowa on the eve of their big caucuses, new hampshire but ahead of the new hampshire primary, he's trolling them. the president has really good instincts on this kind of stuff, i don't know how much of it is just him saying here is the right way to counter program ♪the beat goes on this. it looks like emily cooking dinner for ten. ♪the beat goes on there is probably a combination, it looks like jonathan on a date with his wife. they've done a really good job of rising above the politics of ♪la-di-la-di-di this, showing not only how his entresto is a heart failure medicine that helps policies are having a fact, the your heart, so you can keep on doing what you love. rallies keep this base fired up and energized. >> kennedy: i think he uses entresto helped people stay alive and out of the hospital. the rallies to dive right in. that's when his supporters heart failure can change the structure of your heart, so it may not work as well. are -- mystery science theater

entresto helps improve your heart's ability 3,000, in real time at this rally and he's basically giving to pump blood to the body. the soundtrack mocking everyone. don't take entresto if pregnant; you're right, there is a it can cause harm or death to an unborn baby. difference between the rallies don't take entresto and state of the union because with an ace inhibitor or aliskiren, state of the union is the big speech of the year, the or if you've had angioedema with an ace or arb. president tends to do better the most serious side effects are angioedema, when he's overseas and he gives speeches but also they love the low blood pressure, kidney problems, or high blood potassium. decorum, they love the pageantry ♪the beat goes on ask your doctor about entresto for heart failure. and the applauding, hear ye, ask your doctor about entresto for heart failure yeah! hear ye. entrust your heart to entresto. if any other president had the economic numbers he does, they would be delighted. ♪the beat goes on obviously he's going to showcase that. senior administration officials will be fleet in foot when va mortgage rates have dropped to near 50-year lows. addressing impeachment which means they're going to graze, newday usa can help you refinance your mortgage they won't wallow but will and save thousands a year. newday's va streamline refi makes it fast and easy probably bury view shiv is the because there's no income verification, speech. >> harris: kennedy, is friend no appraisal, and no out of pocket costs. in my life that i feel blessed i urge you to call newday usa now. to have as i have many, the one thing i look to you, you are

just break it real. how in the world do they sit up there with the speaker clapping behind his back and for the american people to look at that and not just cry, what is that? >> kennedy: you want to know how she's going to clap? >> harris: this is an important day in the process of >> harris: no. impeachment, the impeachment trial part of it end of the how do they trust that these -- senate, seeing the closing i'm just -- >> melissa: i think i'm going arguments today, we have heard from the prosecutors against the to see theatrics occur at the president of the united states, we will next year or two hours state of the union and i -- the from his defense team. we are kind of coming to the women are supposed to be wearing point where they are going to take a vote on wednesday. white as they nod to the this is an important step in all suffrage movement and the women's movement but i think that process. they are in a lunch break. you're going to see democrats sitting down, not applauding, for now, "outnumbered" continues probably and most likely see with this, president trump is very stern face -- >> harris: is that good for the country? taking on his democratic rivals in a presuper bowl interview. >> capri: to your point, what did they do? when asked about michael are they totally disingenuous bloomberg, the president said he and sit there and smile at the would "love to face off against guy they are impeaching?

>> harris: that's achy in the former new york city mayor itself. who has spent over $200 million or's own cash on >> kennedy: they have to show that they can do both. his white house bid. on the campaign trail in >> sean: they keep trying to walk both sides of this. california, bloomberg fired ba you're absolutely right and a day later, let's all get back. together and pass a trade deal. they need to show their beach and their constituents they are >> i will stand on my actually getting stuff done accomplishments of what i've while at the same time they are done to bring this country going after this president. together and get things done, it's a very fine line, i don't think they've done it well, i've been doing it for a long that's why the president's numbers have continued to move time, i stand twice as tall as in the right direction. i think the key independent he does on the stage that matters. groups in battleground states, you're seeing a little bit of >> harris: my go-to new york resident, whenever i have a that from people who don't bloomberg question i come to y necessarily like him are saying he overreached for democrats, i you. think where the democrats have >> melissa: he stands on his overplayed this hand as they tried to so bad to appease their record of bringing this country together? base that they got sideways with >> harris: new york is not a country. >> melissa: when he has his the middle, those people that are going to make a clear difference in the election. secretary, when you get down in the trenches with >> harris: all right. president trump who says, you >> melissa: i'm going to be know, a lot of things is similar watching kennedy's twitter and nancy pelosi space. to that -- don't trade -- don't

>> kennedy: i will be on with fox business. i believe 8:00 or 9:00 p.m. get down. >> kennedy: hillary tried to eastern. just watch it. do that, rand paul tried to do all of it. that, marco rubio, it puts you six tds, a lot of love. in a very inauthentic place. >> harris: closing arguments in the senate impeachment trial >> sean: the democratic base set to resume in about 15, wants a fighter so this is 20 minutes and we will soon hear bloomberg's way of trying to be the guy saying not only do i the president's attorneys make their final statements. have money but i can say that. plus, a huge day for democrats as iowa prepares to caucus >> melissa: it's not tonight. believable, it's not authentic. the fear is reportedly growing >> capri: there are a lot of democratic party insiders about democrats out there, myself included that are so desperate the bernie sanders surge. what they may try to do to stop to find out more centrist him again. candidate out there. president trump ways in. >> now they are sor sort of ratg >> harris: you had like 35,000 people running. >> capri: how many of them the election against him again. would even try to scratch the i see what's going on, they are raking it against him. surface of this moderator centrist lane. >> capri: do you think he's a fighter more than bernie sande it ♪ refinance their va loans with no income bernie sanders? >> capri: because he is a billionaire from new york he has a different level of credibility verification, no appraisal, and no out of pocket costs. to take on donald trump. this is what people are saying

newday has extended our call center hours in ohio. so that every veteran in america can take advantage you have folks back in ohio, the of this unexpected drop in interest rates. mayor of akron has endorsed one call can save you $2000 every year. bloomberg. >> harris: john kerry jumps to start saving on your next mortgage payment go to into the race, do you vote for john kerry? >> capri: no. john kerry is supposed to be in iowa supporting joe biden and he's dumb enough to be blabbing into his phone in a hotel with journalists all around him talking about what he'll have to do, what boards he'll have to speech money he'll have to give up, to enter the race. >> capri: on one hand, they see him the most electable. >> kennedy: he's a surrogate, he should be the person with the most confidence in joe biden and for joe biden, his best friend. >> sean: this money, he is upwards of $200 million already,

this is the x factor, how much does that affect super tuesday in these other states? we don't know yet buddies taking that center lane away joe biden. >> harris: you think he'll take delegates? >> capri: i understand as a new yorker, the tax plan that came out, the gun stuff, i get it. >> kennedy: stop and frisk. >> capri: stop and frisk will hurt him but there's people who are really desperate to find someone who has leadership that isn't a socialist like bernie sanders. >> melissa: he is a problem, it goes back to his authenticity. if you look at the tax plan he just put out, it's punitive, very bad for the economy of this country and flies in the face of everything he did as mayor. what people liked about him as mayor is that he was business friendly, he got it, he made it an environment the economy could get bigger. he may have these other social ideas but on the business front

with his tax plan he's cutting himself off. the one thing -- >> harris: why do you think that is? he's trying to look different from president trump and look -- you hit the word, disingenuous. >> sean: he knows what he has to do to get elected, he says basically, look, if i have any chance in this, not only do i mp7éhhp> harris: the president took a shot at bernie sanders, let's am i allowed to riff? liberty mutual customizes your car insurance so you only pay for what you need. watch. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> i think of communism when i think of bernie. didn't he get married in moscow? moscow is wonderful. you don't necessarily think in terms of marriage, moscow and it's wonderful.

i'm not knocking it but i think of bernie as a socialist but far beyond a socialist. >> harris: gosch, capri. >> capri: this proves the point of why democrats are in a huge panic, it's exactly what trump and the republicans want to, they've been building up this democrats are socialists, democrats want medicare for all, democrats are going to take over the world, they are communist. that is -- we are definitely not communist but this is what they want. >> harris: i think sean is thanking you for all of it. >> capri: that's what there is panic of a bernie sanders. >> kennedy: what you think republicans want more? bernie or the nominee has hillary? >> capri: hillary isn't running. >> harris: have you told her

that? >> capri: the secretary of state ticket? >> harris: we are going to get into her and a little bit but to answer kennedy's question because i do think it's fascinating to just kind of look at what is left of the democratic party to take on president trump and why there is this thought everybody still get in the pool. i know the nomination -- today the caucuses in iowa and you've got john kerry, maybe -- >> sean: they had a poll this morning, the majority of americans, when you look at where the democratic field is going which is far away from capitalism, that's why people, like-minded kennedy democrats are saying this is crazy, we need to get in to say -- yeah. >> harris: not this kennedy, the other kennedy. >> kennedy: libertarian. >> harris: the senate impeachment trial is set to resume at any moment.

president trump's defense team will give their closing argument. we will have the latest as it happens live on "outnumbered," keep watching. ♪ hi guys. this is the chevy silverado

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>> melissa: we are waiting for closing arguments to resume in the senate impeachment trial, we've heard from house managers, they're having lunch break right now and they come back we will hear from the presidents aside. in the meantime, hillary clinton not done talking about bernie sanders. the 2016 democratic nominee saying in a new interview that sanders did not try to unify the party after losing the primary to her four years ago and that he and his supporters contributed to her loss to president trump in the general election. listen. >> what you think he can do whether he is a nominee or not nominee to help you to that point of unifying people against trump? >> he can do it, for one. that's not our experience from 2016.

>> there's still questions about who is going to be the nominee but unfortunately his campaign and his principal supporters were just very difficult and really, constantly not just attacking me about my supporters. it had an impact. >> melissa: clinton also had choice words for the iowa caucus process, calling in a very undemocratic way of picking a nominee. she's mad at bernie sanders and his supporters, they are a little mad at her. >> sean: i was doing the math in my head, i can't remember if this is the 187th reason, it's always somebody else's fault, it's iowa, bernie sanders, she's never come to grips with maybe she wasn't a good candidate, her policies were bad, they ran a bad campaign. it's always someone else's fault but the idea, think about how

condescending that is. we knew from the beginning with the nominee was going to be, he tied her in iowa to start with. she didn't beat him, he was doing better in caucus states than she was. this idea in elitism and condescending attitude toward everybody that didn't vote for her it really speaks to why she lost and why trump won, he embraced a sense of bringing people in and she was above it all. >> harris: i'm looking at the editorial interview that nancy pelosi did and she's basically saying, she didn't say his name but we should talk about here when she says you've got to stick to the mainstream and stay away from progressive exuberance is. i just say to all of our friends, you know, you want to go to the left, you want to win and election, let's make a decision to win back the election. wow. you don't like bernie either. >> capri: i have never been a

bernie supporter and i would say the bad blood still exist to this day, not just between hillary and bernie? this is the problem, there is no way to assuage the bernie supporters because they don't care about winning, they care about the movement. >> harris: that's i give up move. you can figure out what it is that's important, do some sort of a thing with bernie sanders that you bring him into the fold. it that's real politics right there. >> kennedy: i respect the fact that he believes so deeply in his ideals that the ideals are more important. he's not party hack and just because he ran as a democrat doesn't mean he needs to go knit a giant cloak that everyone can snuggle up under and yeah, they could have done more and said hillary was passive aggressively attacking him in 2016 and now

she's being full on aggressive, no one wants to hear about 2016 anymore. all of these candidates are looking toward the future, give us new ideas. i will tell you to this day, hillary supporters and bernie supporters in the party are at odds with one another, don't trust one another and it's a real problem. >> kennedy: her tax plan is not bringing them in, it's making them more powerful powerful. >> sean: i don't know that they want to be brought in. they are not democrats, bernie sanders is a socialist. he's never actually joined the party. he doesn't want to be part of the party. >> kennedy: bernie sanders i pray derek should have the nomination.

don't campaign for people, i think there should be a libertarian candidate that does the same so we finally have independent voices that challenge these dinosaur two parties that do such a disservice. >> melissa: as we await closing arguments in the senate impeachment trial, new polling shows little change in how americans feel about president trump. more of that next. ♪ t quickbooks, and a live bookkeeper's helping customize it for o (live bookkeeper) you're all set up! (janine) great! (vo) get set up right with a live bookkeeper with intuit quickbooks.

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>> harris: all right, this is breaking news right now, closing arguments from the senate impeachment trial of president trump. four hours total, totally divided, the president's defense let's watch it live, and how they are back from break. >> if we are applying the rules of impeachment that were so eloquently stated by members of the democratic party the last time we were here, the only appropriate result here is to acquit the president and leave it to the voters to choose their president. with that i will turn it over to judge ken starr and we will move through a series of short presentations. thank you.

speaker mr. chief justice, members of the senate, majority leader mcconnell, majority leader schumer, house impeachment managers and their very able staff. as world war i, the war to end all wars, was drawing to a close, an american soldier sat down at a piano and composed a song. it was designed to be part of the musical revue for his army camp out of long island. suffolk county. the song was "god bless america." the composer, of course, was irving berlin. he came here at the age of 5, son of immigrants who came to this country for freedom. as composers are wont to do, berlin worked very carefully with the lyrics. the song needed to be pure.

it needed to be about politics, about partisanship. he intended it to be a song for all americans. but he intended for it to be more than just a song. it was to be a prayer for the country. as you are very distinguished chaplain has done, in his prayers on these long days that eve spent as judges in the high court of impeachment, we've been reminded of what our country is all about and that it stands for one nation, under god. the nation is about freedom. and we hear the voice of martin luther king jr., his dream-filled speech about freedom echoing the great passages inscribed on america's temple of justice, the

lincoln memorial, which stood behind dr. king as he spoke on that historic day. dr. king is gone, felled by an assassin's bullet, but his words remain with us. entering his magnificent life , dr. king's spoke not only about freedom, freedom standing alone, he spoke frequently about freedom and justice. and in his speeches he summoned up regularly the words of a unitary and abolitionist from the prior century, theodore parker, who referred to the "moral arc of the universe." the long moral arc of the universe points toward justice. freedom and justice. freedom, whose contours have

been shaped over the centuries in the english-speaking world by what justice benjamin cardozo called "the authentic forms of justice," through which the community expresses itself in law." "authentic." "authenticity." and that the foundation of those authentic forms of justice is fundamental fairness. it is playing by the rules. it's why we don't allow deflated football's or stealing signs from the field. rules are rules. here to be followed. and so i submit that a key question to be asked, as you begin your deliberations, where the rules here faithfully followed? if not, if that is your judgment, with all due respect,

the prosecutor should not be rewarded. you didn't follow the rules. you should have. as a young lawyer i was blessed to work with one of the great trial lawyers of his time, and i asked him, "dick, what's your secret?" he just defended successfully a former united states senator who was charged with a serious offense -- a perjury before a federal grand jury. his response was simple and forthright. his words could have come from prairie lawyer abe lincoln. "i let the judge and the jury know that they can believe and trust every word that comes out of my mouth. i will not be proven wrong."

and so here's a question, as you begin your deliberations. have the facts as presented to you as a court, as the high court of impeachment, proven trustworthy? has there been full and fair disclosure in the course of these proceedings? fundamental fairness? i recall these words from the podium last week. a point would be made by one of the president's lawyers, and then this would follow. the house managers didn't tell you that." why not? and again, "the house managers didn't tell you that." why not? at the justice department, on the fifth floor of the robert f. kennedy building, is this simple inscription. "the united states wins when

justice is done to citizens and the court." not, "did we win? to be convicted?" rather, the moral question. was justice done? of course, the house of representatives does, under our constitution, enjoy the sole power of impeachment. no one has disputed that fact. they've got the power, but that doesn't mean that anything goes. it doesn't mean that the house cannot be called to account, and the high court of impeachment for his actions in exercising that power. a question to be asked. are we, to countenance, violations of the rules and traditional procedures that have

been followed scrupulously in prior impeachment impeachment p? and the judiciary committee, the venerable judiciary committee of the house and representatives, compare and contrast the thoroughness that committee and the age of nixon. its thoroughness in the age of clinton, with all its divisiveness within the committee in this proceeding. the question to be asked. did the house judiciary committee rush to judgment in fashioning the articles of impeachment? did it carefully gather the facts, assess the facts, before it