you can choose to use it wisely and strategically. sounds like possibly senator manchin will do that. have a great day. i'll see you on "the five" as well. harris faulkner up next. >> harris: soon, very soon opening arguments in former president trump's impeachment trial number two will begin after a dramatic first day of debate yesterday. i'm harris faulkner and you are in the "the faulkner focus". house impeachment managers are set to lay out their case against the former president accusing him of inciting an insurrection. but 44 republican senators yesterday voted that the trial itself is unconstitutional. six republicans crossed over and voted with democrats. sean hannity called the entire thing a disgrace to the nation. >> we are witnessing on capitol

hill a complete total waste of taxpayer time, your time, your money, your resources. this will solve nothing, it will improve nothing. it will not make your life better in any way. it will not unite the country like joe says he wants to do. it will not ease tensions in the country. it will not create a single job. it will not provide necessary covid relief. >> harris: in focus this hour former house speaker newt gingrich is hear to weigh in. congressman chip roy warning president biden he has created a new crisis at our southern border is here. and more mixed messaging from the biden team on getting our children back in school. i want to begin with chad pergram who is live on capitol hill now less than 55 minutes away from the second impeachment of donald trump. >> good morning. the trial begins in earnest today. the senate voted yesterday that

the trial was indeed constitutional and could move forward. house managers will present the core of their case today and tomorrow. watch for brand-new footage never before seen. democrats relied heavily on shocking video from january 6th in the presentation yesterday. republicans were not impressed with the me an deering defense given by president's trump's counsel castor. >> senator dirkson recorded a series of lectures that my parents had on a record and we still know what records are, right? on the thing you put the needle down on and you play it. >> that's why gop senator bill cassidy broke rank with his fellow republicans and voted to green light the trial. >> that is not the issue at hand. the issue at hand is it constitutional to impeach a president who has left office? the house managers made a

compelling, cogent case and the president's team did not. >> six republicans voted with all democrats to move ahead with the trial but does it ever get to 17 republicans voting to convict? you need all 50 democrats and 17 republicans to convict. gop mississippi senator ceded the democrats said they sent a better impeachment team to the senate but still didn't change his mind. >> harris: chad, thank you very much. i want to bring in now my first guest former house speaker, fox news contributor newt gingrich is here. always wonderful to have you on the program. your experience i will lean on heavily today. if you could, tell me what you think of yesterday and how we got to the point where six republicans crossed over with democrats. >> well, five of the republicans had already voted earlier that they thought it was okay. so a net gain of one from

louisiana. but first of all, i think the democrats as the party of hollywood did a great job putting together a video and then managed to convince us that this was a vote about whether or not january 6th was intolerable, unacceptable and outrageous as opposed to something about donald trump. well, everybody is going to say, i think, this was a totally unacceptable riot and that everybody who was engaged in rioting should be prosecuted and sent to jail. the democrats very cleverly switched what the topic was. second, i don't think i've ever seen as bad a defense team as the president's. i have no idea what they thought they were doing. there is a good case to be made. i thought they were going to make it. i think it is amazing that they only lost one republican given the absolute lack of a coherent

defense. >> harris: you are seeing reports today that president trump was angry about how yesterday went in his defense. your reaction to that. >> look, if i had been the defendant, president trump or anybody else and i watched on tv the difference in professionalism, preparedness, articulation by the democrats and the rambling incoherent open statement by the president's lawyer i would have been surprised myself. i'm surprised he didn't fire him during the afternoon. it was that bad. i think, you know, bad lawyers can lose good cases. that's the danger here. the case basically i think is very hard for the left to make. the fact is that to say to 75 million americans we'll dictate to you who you are allowed to vote for is just not

sustainable. it is not going to happen. but on the other hand the democrats are trying to scar up trump to weaken him. i think the long term effect of that six months or a year from now will be virtually zero. trump's greatest ally is joe biden and every time biden does something that is destructive it further reminds the trump voters why it is unacceptable to allow the washington politicians to dictate to the rest of us. >> harris: it is so interesting your first comments though were how the democrats didn't really make this about him. day two we'll see what happens. i do want to get to this. a "new york post" op-ed says to say democrats hope for partisan advantage is obvious. nothing unites their party like hating trump. it makes biden the chief beneficiary and explains why despite his calls for national unity he gave his approval to the unprecedented trial of his predecessor. if it weren't for the endless

flogging of trump his left wingers would be fighting with the far left wingers. wingers on left wingers over which socialist programs to ram through now and how many dimes they can wring from taxpayers. speaker, your reaction. >> well first the way you described it i guess you were reading the "new york post." but i suddenly had in my image of a chicken with two left wings and no right wing. constantly running in a circle. i apologize but i got kind of diverted by that description. here is reality. the biden-harris democratic team are committed to radically changing america in every way they can. and they are -- what they don't realize is that they are rapidly building themselves for a disaster in 2022 and 2024 because they are drawing a very

wide gap between themselves and the republicans. this is what obama did. he lost 63 seats two years later. it is what bill clinton did. he lost 54 seats. so i think that they want the noise of trump so we don't notice how many really disastrous things they're doing. they want us to focus on this mock trial which is what it is. it's not a real trial. you can tell it is not a real trial because the so-called judge has already said he is for convicting trump. how could he be a judge in a real trial? but the longer that noise goes on, we don't notice the utter, total disaster of the teachers unions, which is biden's biggest weakness. we don't notice other things going on like the dominance of the chinese communists. we don't notice the radical things like eliminating title

ix of swims sports. >> harris: there will be other things that will pop. the teachers union is popping. the other thing i'm thinking, speaker gingrich, is that while this is happening, you heard from the "new york post" i guess it looks like biden is okay with it. the irony of that is he wants to get his agenda done. so he doesn't stop it. i guess tacitly that means he supports it. let me get to this as democrats demand president trump's conviction the biden white house is refusing to condemn democrats' own calls for attacks on opponents and unrest. let's take a look at the video and we'll go back to the speaker. >> the president is -- joe biden is the president, not a pundit. he is not going to opine on the back and forth arguments nor is he watching them that are taking place in the senate. >> harris: one more. republicans are hitting back

what they see at democrats' plate ant hypocrisy. >> we have had democrats for a year cheering on. we've seen violence all over the kun tree, riots all over the country. what did the democrats do? cheered it on and celebrated. kamala harris, our new vice president, kamala harris not only encouraged them keep at it, keep doing more, she raised money to pay for the bail to bail out the violent criminals. >> harris: speaker. >> why should it surprise us? biden refused to condemn antifa, refused to condemn the violence surrounding black lives matter. he refused at any point to go after the people who were burning down neighborhoods. you know, biden has this nice cheap hypocritical game. i'm really an okay guy. i didn't realize you were getting mugged. it is baloney. what is happening is happening

with biden's approval either because he is afraid to take on his left, or because he believes it. either one is irrelevant which it is. the fact is, the biden-harris administration is the most radical administration in american history no matter how pleasant his words are. >> harris: such an interesting binary point that you made either you believe it or you can't do anything about it. newt gingrich so glad you came by. give my best to your wonderful wife. i never want to leave her out. >> i will. thanks. >> harris: furious backlash when an nba team owner confirms he told his team not to play the national anthem before tip-off at home games. what one state leader is suggesting that owner can do? plus this. >> the future ain't looking so bright. it is hard to make plans when you have an administration that's trying to crush your

future. show me the proof this was canceled for environmental reasons not political. that's what hurts us the most. >> harris: displaced oil workers and their families. some of them you may recognize from this program speaking out after president biden canceled the keystone pipeline with the stroke of his pen. now growing calls for the president to go back on that decision. the power panel next. research shows that people remember commercials with exciting stunts. so to help you remember that liberty mutual customizes your home insurance, here's something you shouldn't try at home. insurance is cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> dana: my husband has spent many, many hours practicing to become a welder to turn around and go into a job trade completely we would be starting over. >> a lot of people in this country hurting. he added to the list.

>> our youngest daughter is a junior and i don't know how i'll pay for college. >> harris: heartbreaking. displaced oil workers and their families speaking out with emotional stories and pleas and how the cancellation of the keystone pipeline has taken away their livelihoods. joe manchin as the new chair of energy committee is urging president biden to reverse his executive order. yes, remember, he is a democrat. 14 states attorneys general also asking president biden to reinstate the project's permit. they say they are reviewing their legal options if the president does not reconsider. the white house responding to those letters with this. it's a quote. the biden-harris administration has proposed transformative investments in infrastructure that will create millions of good union jobs here in america, boost the u.s. economy

and advance our climate and clean energy goals. sean duffy fox news trib tore now. jessica tarlov fox news contributor. sean, your top line thoughts on this? >> where are the millions of good playing green jobs the oil and pipeline workers are supposed to apply for? they aren't there. no jobs for these folks to go to. they don't want a stimulus check or welfare check they want to work and support their families. my concern here, harris, who does this actually help? it doesn't help the workers in oil and gas. doesn't help people in my communities in wisconsin that 10 degrees below zero and pay oil and gas to eat their homes but does help the middle east oil producers and china and russia and hurts americans. a lot of people wonder why donald trump remained popular. it is because he fought for the middle class americans and smart policy. this is absolutely idiotic and

stupid from joe biden hurting americans and american workers in the middle of pandemic. for what? it doesn't make any sense. >> harris: it may be hurting joe biden, too, jessica. i have been at the capitol and watched joe manchin, a democrat, work both sides of the aisle. he has a lot of friends and he is not playing around as the new energy secretary when he says reverse it. it is going to get interesting. >> it definitely will. joe manchin and kyrsten sinema from arizona will be the lynch pins keeping together the 50 plus 1 coalition. it was done by executive order and joe biden fulfilling a campaign promise and continuing with the policies of the obama-biden. the state department said it didn't think it would harm the environment. obama didn't want the keystone pipeline and biden promised

that he wasn't going to move ahead. this will continue. >> harris: do you think it's fair to the country? >> for the country the keystone pipeline will only create 50 permanent jobs. there are a lot of people who will have temporary jobs. you played clips from them. between the plans joe biden has put forward to create millions of jobs and who pete buttigieg has planned in terms of infrastructure, the newly confirmed secretary, there will be good work. >> harris: we didn't play a clip of people who said they had temporary jobs. we have a lot of clips and some have been on the program. they are not clipped, they're talking live. they're hurting now. there isn't this list of fantasy taem prayer jobs you are talking about. the one woman wants to put her girl through college next year and wants to keep her promise as a parent which is our number one job. let me move on here.

mark cuban, the billionaire owner of the dallas mavericks is facing blowback today after confirming he has instructed the team to stop playing the national anthem before home games. the change has so far been implemented quietly as the anthem hasn't been played before any of their home season games. dan patrick tweeted this. your decision to cancel our national anthem at mavericks games is a slap in the face to every america and embarrassment to texas. sell the franchise and patriots will buy it. we the are land of the free and the home of the brave. jessica, your response. >> i have trouble getting animated about this. mark cuban hasn't played the anthem in the 13 home games so far. there aren't fans there. you have all these so-called patriots up in arms about this and it being angry about kneeling and what kaepernick started. they were fine with what donald

trump did for inciteing a mob to storm the capitol. the majority of people running around the capitol thought that kaepernick was the one who wasn't a patriot. that's what our focus should be on. the anthem is not what they come to. they come to see great basketball and continue to do that. that's what it's all about. >> harris: you are a fan. sean. >> let's be clear mark cuban is a globalist, not a patriot. what he cares about as a millionaire is his own wealth and china, a growing market for the nba and millionaire players that are woke. texas won't take this very well. they are patriots and love the national anthem and love their country. the concern i have is that you now have all these woke kids coming out of high schools and colleges that have been taught to hate america, have been taught to villainize our

founders and i think as time goes on, there is going to be a movement to actually walk away from -- step away from the national anthem. it is bad for america and great for china. >> harris: wow. okay. great to have both of you. thank you very much. cdc is set to release new guidance reopening schools just as we now are learning exactly what president biden may have meant by his promise to return our kids to classrooms within the first 100 days. does one day of in person learning work for you? >> biden has declared the entire country a sanctuary jurisdiction which means more tragedy is going to come. >> harris: the president's border plan is coming under fire with dozens of lawmakers pushing back against his efforts to roll back trump immigration policies saying it will spark a humanitarian

crisis. congressman chip roy among the house republicans speaking out is here live and will be with me next.

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>> president biden has declared the entire country a sanctuary jurisdiction. more tragedy is going to come. mark my words. people will die, people will be raped. people will be victimized by criminals that shouldn't even be here. it is no longer illegal to be here illegally. >> harris: more than 50 house republicans are raising even more alarms about the president's roll back of trump's immigration policies. they are warning of a brewing humanitarian crisis at the southern border with mexico. urging the president to take the issue seriously because quote, unquote, this is not a political game. lawmakers from across the country among those signing the letter including texas congressman chip roy who is

with me now. congressman, great to have you on the program. why do you sign that letter? >> good morning, harris. i was happy to work with my colleagues to lead that letter to president biden because the president owes us an explanation for why he is refusing to do his job to secure the border of the united states. we have a new dhs secretary appointed. we requested they come down and brief all members. not a handful of committee members. on why the president refuses to secure the border of the united states. he is clearly issuing executive orders ending the building of the fence but more importantly he is refusing to continue the very favorable positive trump policies working with mexico on the return to mexico program. which enabled us to hold the line at the border as well as using title 42 during the pandemic to make sure we secure the border. the result is devastating. we have 3500 people a day that are being apprehended.

over 100,000 a month. the laredo section alone found 1200 people in stash houses over the last few months. it is a humanitarian crisis of our own making. the president should be ashamed of failing to take care to defend the laws of the united states and secure the border. >> harris: to unpack that a little bit and i want to go to title 42. joe biden ran on the notion that covid-19 protection for the entire nation and fighting that deadly disease was going to be course one. is that still happening when you have the situation at the border of letting people in 3500 a day? are they testing them and vaccinating them? do we even have the resources to do that? these are all questions. >> those are all the right questions and why we requested the briefing. we have know to know those answers now. what we're seeing here is the department of homeland security is going to be turned into a catch and release operation.

it is what they're working to do. that empowers cartels to make money, moving human beings for profit across the border. endangering them, endangering american citizens. having them placed in stash houses and by the way creating distractions and other channels to most vast qualities of narcotics into the united states where we had overdoses pushing 100,000. it is a crisis of epic proper potions driven by political maneuvering by president biden appeasing his leftist base. >> harris: you said that and i want to show you this. tom homan calling this a political move. >> designed to be this way. they are bringing millions of people into this country who will now be counted on the census which leads to seats in the house, electoral college in elections. this is power over public safety. the quest for power over protecting american citizens.

>> harris: former acting ice director talking politics there. why do you think that this is pitching into that direction? >> well clearly a political move. the president feels he has to appease his leftist base and the problem is tom is a great guy and glad he was on earlier on fox talking about this. ice is one of the things that are in the crosshairs of the left. ice is there importantly for interior enforcement. we say we won't release people convicted of dui or other dangerous activities? this is endangering american citizens and i want to repeat endangering the immigrants who seek to come here. i find it really interesting as we sit here, harris, the united states senate is engaged in impeachment proceedings against former president trump. let's think about what president biden is doing right now. a take care clause in the constitution that says he has to enforce the laws of the united states. he is specifically and purposely refusing to enforce the laws of the united states that endangers the american

people, endangers immigrants seeking to come here and i can tell you what endangers any home state of texas. it is something we need to continue to press the president on and continue to look at. >> harris: that's really interesting. congressman chip roy, always great to have you on the program. the cdc is set to unveil new school reopening guidelines and there are some new details on president biden's promise to bring our children back to class in person in his first 100 days. so, his critics are saying his plan falls way short. >> he also said during the presidential debate i'll choose science over fiction and hope over fear. he is choosing fear over hope and not following the science and this is the result that you're seeing. th home values hid mortgage rates

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>> harris: cdc is set to release new guidelines to open up our schools. we're still watching for it. president biden has promised to follow the science, remember, he said that. and reopen schools within his first 100 days. however, the white house clarified that 100 day goal yesterday. >> he said is to have the majority of schools, more than 50%, open by day 100 of his presidency and that means some teaching in classrooms. at least one day a week, hopefully it's more. obviously it is as much as is safe in each school and local district. >> harris: senator marco rubio responded this way. for weeks the biden administration has danced around the important issue of reopening our schools ignoring the science and refusing to side with the parents and children over teachers unions,

having 50% of schools offering in-person instruct shn one day a week. that's not school's reopening. dr. marty makary is a professor at johns hopkins university and fox news contributor. always good to see you, doctor. all right. let's just concentrate on the facts. the cdc put out some guidelines and some of the things that teachers unions are asking for. we don't want to -- what are the cdc guidelines broken that we can't get teachers unions to agree to go back. >> i'm not sure what we're waiting for with the new cdc guidelines expected to come out. the cdc already issued guidelines in september that were detailed and specific that created five risk categories based on the number of cases per 100,000 in the local community over the last 14 days. and it gave guidance to even

have safety precautions used in the highest risk areas. so this was very detailed guidance. it is funny almost suspicious that we're waiting on another set of guidance. cdc director has been speaking sort of frankly on this issue and you see the white house walking back those comments. >> harris: yes, she is. dr. walensky does not mince her words and so when you hear the president basically ignore her, i guess call her wrong, maybe that's why we still have crickets from the cdc. it is suspicious. i'll let you use that word. i will say crickets because we don't know what they'll do. >> look, i have talked to people about working in the government in the past and i've learned that you can't speak your mind. everything has to be pre-approved speech. why would anyone want to do that? can't the scientists speak their mind? i just heard the white house

briefing on covid. it was the most bland briefing saying absolutely nothing reminding people to wear masks not addressing the issue on everybody's minds. the school issue is a settled science. more consensus on that issue than there is on tobacco in the united states. the journal of the american medical association just said and i'll quote, there is little evidence schools are contributing to transmission. the study of 90,000 people in north carolina not a single transmission from a child to a teacher. this is a settled science. purely a political issue and demonstrated by the fact the unions are not outraged that private schools are meeting in person. >> harris: i'm not talking the swanky ones. school administrators i've talked with at some parochial schools who don't have the resources necessarily to do it but they are getting it done. they are in older facilities

that don't have the ventilation. they are still getting it done. high mask compliance, that sort of thing. i just want to get one last take from you as we go forward. you say this is settled science. what is the settled science on the vaccination for getting our kids back to school? is there something these teachers unions are looking at that is different what you and the cdc would be looking at? >> i agree with the new cdc director when she said vaccination is not a requirement for in-person learning. we've learned a lot about this infection. schools are not really the driver of transmission. that it's largely airflow and masking and distancing and so the requirement for vaccinations is not really there supported by the science. >> harris: i know you were wanting everybody in that 1a and b group to get the vaccine. those are people are pre-existing conditions and that sort of thing but you are

following the science from the cdc. let's see if the president will, too. we're minutes away from day two of the senate impeachment trial. attorneys for the former president are arguing that the entire proceeding is unconstitutional and that it will lead to the future partisanship of impeachment. constitutional law expert jonathan turley is with me next to break it all down. veterans l. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa [laugh] usaa. what you're made of, we're made for. dad i got a job! i'm moving out. [laugh] dream sequence ending no! in three, no! two, keep packing! one.

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>> if we go down the road that my very worthy adversary here, mr. raskin, asks you to go down, the floodgates will open. >> harris: as we await the start of day two of the senate impeachment trial, attorney bruce castor is warning that countless former government officials could be subjected to impeachment if they convict the former president of inciting the deadly storming of the u.s. capitol. joining me now constitutional law expert and george washington university law professor jonathan turlly is here and also a fox news contributor. jonathan, what do you think about how the attorneys put together that case yesterday,

that one section about yeah, this is not constitutional? >> it wasn't a particularly strong case. it was rambling, not particularly focused. neither side really got into much of the details on this issue. it is a close question. they cited a lot of academics including myself. i still actually the house manager cited my article from 21 years ago. i still agree with those points about the value of the retro active trials. what has changed over the last 21 years i don't agree with the jurisdictional question. i do not think that the text supports this retro active trial. it is a close issue but we all have defaults. my default comes closer to what i think the text states. but in the end ultimately they prevailed. what was interesting, though, it shows this remains an unresolved question in some respects. the vote margin yesterday was almost identical to the vote

margin in 1876 in the belknap trial. that failed by five or six votes. the senate remains divided. half don't think the trial should go forward at all. and that bodes well for the president. he can count on at least 44 votes and it guarantees acquittal. >> harris: let me ask you this. newt gingrich was on with me earlier this hour and he said i think it was a totally unacceptable riot. most people agree on that. the democrats cleverly switched what the topic was. he said even they didn't touch much on constitutionality. >> and what will happen today they'll have to shift over to the merits of the trial. when you read their brief it doesn't sound like they actually have a strategy to win. no discernible strategy to convict.

more intended to enrage than convict. they don't talk about the president's intents but how his words were interpreted. they just impeached him for inciting an actual rebellion, not negligence. that will be more and more obvious. >> harris: brilliant. that is really interesting. jonathan turley, i know you will be with me in a few minutes, too, as we head into the second impeachment of donald trump and get ready for the rest of the day. thank you very much. i'll see you on the flip. we are waiting the start of that trial. arguments are set to begin in a few moments. thank you very much for watching "the faulkner focus". "outnumbered" is next. research shows that people remember commercials with exciting stunts. so to help you remember that liberty mutual customizes your home insurance, here's something you shouldn't try at home. insurance is cool. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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on "outnumbered," i am harris faulkner. we are awaiting the beginning of opening arguments and the politically charged trial, house impeachment managers are set to lay out their case today for by the former president should be convicted of inciting an insurrection, that's what the article of impeachment says. they are also expected to show never before seen video of the u.s. capital riot. each political side or i should say each side in the impeachment process is set up to 16 hours over the course of two days to make up their cases. trump's attorneys have been going after the trial as political theater where a majority of republicans voted that the trial itself is unconstitutional. with us today, our lineup now. my cohost emily compagno, dagen mcdowell, leslie marginal, joining us today, george washington university law professor and fox news contributor jonathan turley, and

to kick things off with us, martha maccallum and bret baier so we should have seven boxes altogether when we get together there. bret, i'm going to start with you. what we saw yesterday is very different than what we see today, that was to decide if they should go on, is it constitutional. today is the day that we see whether or not the democrats have what they say is the goods or they don't. >> bret: that's right, harris. we've heard from kind of a preview on background of what the house managers are going to lay out. they expect to use all eight hours today and lay out their case. they will use, as you mentioned at the top, video that hasn't been seen before, security camera video from the capitol on january 6 but these first hours, we are told, are going to lay out what happens before, what was said before january 6th on the president to in particular about the election, about getting people fired but we expect a lot of the emotional video to be shown again.

they don't expect to take all of their time tomorrow but then you will have the defense that will have the same allotment of time after that to provide the defense and if the president's, the president's legal team and specifically bruce castor says he hasn't heard the president was angry with him, he's not going to change strategy, he has to meet a bar to win a case and that is a lot's response to a lot of a lot of criticism online. >> harris: i wonder who is getting it wrong then because that's been wildly reported -- widely reported, i should say, maybe the argument is that it was wildly. we will see. martha? >> martha: i heard similar things from folks at the trump camp that he was not as alarmed and outraged but who knows what the reality is there. i think clearly the presentation yesterday left a lot of people wondering what kind of strategy he was trying to present, he

spent a lot of time sort of giving kudos to the democrat side, that there video was so good that they decided to recalibrate their presentation and ad lib. a little bit, it was really all over the place and meandering but we also did get quite a bit i think of what the democrats impeachment managers layout as their story line yesterday. even though it was about the constitutionality, the vote that was taken, we also got a very good taste when we saw that video of what their argument is going to be, it was dramatically presented and i think they are going to take the next 16 hours to hammer that home before we even get to hear from the other side of the equation which no doubt will stress the fact that none of their video so far did they show the president saying that he wanted people to march peacefully and very patriotically over the capital to have their voices heard so there are two sides to this equation but we are going to get a heavy hand of what we saw in n the video yesterday as we had in to this proceeding as he gets underway today, harris. >> harris: a couple

housekeeping notes, senate minority leader mitch mcconnell has already entered, you see some of the senior members of the senate are arriving and entering so this could go on right at the top of the hour right on time. we don't have much time. jonathan turley, i come to you. one of the things newt gingrich, former speaker of the house told me, i don't look i've ever seen as badly defensive team as a president set up but i have no idea what they thought they were doing. your response? >> jonathan: it was not an auspicious beginning, there is no question about that, it was rambling and unfocused, house democrats did better, they were more polished. so i think we have to certainly acknowledge that. it will be interesting going forward how the defense team will present itself. we are now getting into this issue of the merits and this trial could end up as something of a tribunal on reckless rhetoric and that will be a problem for the democrats because in the end, viewers might not be able to tell much

of a difference between the accused and the jurors when it comes to reckless rhetoric in terms of variety and that's with the defense is going to do, it's going to show that there is this type of rhetoric that is common. the other problem facing the democrats -- i should say the house managers is that they didn't do anything the last few weeks to lock in testimony, they used a snap impeachment to hold a hearing -- >> harris: jonathan, i'm going to step in for just a moment, we have just seen the gavel at this point and we don't want to miss any of these proceedings, this is the opening argument section of the senate trial for impeachment. we do know that there will be the invocation read and that's what's happening right now so we are going to continue to talk, we know we are in a minute or so of this whole thing starting. jonathan, thank you. i want to get to emily compagno,