jeffrey rosen, thank you. let's bring back in our panel of major garrett, nancy cordes, and ed o'keefe. and that is, i mean, that's, i think, we're going-- i wanted to lay that out. the nub of that, as jeffrey said, because that i think is ultimately going to be for the republican senators that vote to acquit the former president, they will use that as the crux of their-- in their press statements and arguments to say that's why we should not move to convict former president trump. >> reporter: if i may just real quick, norah. you guys laid out the legal arguments there about failed insurrection quite well. i'll be very curious. we don't know, for example, how mitch mcconnell is going to vote ultimately. but i've been reminded it was he who called it a failed insurrection that night on the floor of the senate chamber. so one wonders if this wasn't a tactical mistake potentially by the former president's lawyers because the senate leader can turn around and say i do think it was a failed insurrection, whether y

and frankly, by william barr and jeffrey rosen and his other appointees. the way that this president and this administration messed with justice, the way they messed with the rule of law, all these things that are not at all resolved as president biden now takes over and installs his own appointees in the justice department and beyond, i mean, beyond just president trump himself being in trouble, it's all the ways his administration weaponized the administration of justice for trump's purposes. all of that remains to be unwound, and all of those issues, almost all of them still remain live. take that issue i just mentioned. about the new york investigations of president trump into his financial dealings, potential insurance fraud, potential bank fraud, potential tax fraud. that is one of the cases where president trump got the u.s. justice department to act on his behalf. to wade into that case on his behalf. it wasn't just one of the clown cars full of trump personal lawyers arguing on his behalf, all these lawyers who never seem to get paid and fall by t

but jeffrey rosen referenced violence several times. in donald trump's speech, no way did he have anything about violence. he said we are going to peacefully walk to the capital and make our voices heard. i am wondering what your two guest feel about it republican sprott articles of impeachment against joe biden, nancy pelosi, and the other. host: what is the relevance of that russian? -- of that question? caller: if they feel donald trump incited insurrection, it was a few hundred people out of thousands of people there. do we know when maxine waters made her statement -- you see people standing right in front of them and yelling at them. how many people because of wearing a mega hat -- a maga hat have been middle old -- have been ridiculed? guest: i think people from both parties should be subject to articles of impeachment when they engage in impeachable acts. i hope we are not entering an era where if it is someone from your team you turn a blind eye. if there is an impeachable act, people should be held accountable. i think your pa

donald trump, mike pence, georgia's secretary of state brad raffensperger, acting attorney general jeffrey rosene of the families of the victims, garrett miller and others who said they went down to congress on orders of the commander-in-chief who spoke to them, and john bolton who said that obstruction of justice was a way of life in the white house. he is national security advisor before he resigned. otherwise, what the republicans will do is simply say, this is a video show trial. a lot of the material was taken out of context. and the protagonists were entirely members of the house democratic party. if you have witnesses, you have the pontial of breakthrgh testimony. mike pce, for examp, j rose, brad raffensperger. they might be required to testify about our deeper crimes than simply a telephone call to the justice department by trump or to the georgia's secretary of state twisting thereabouts to chai to change the course of the election. that is the unfortunate aspt of it, amy, that they had an opportunity. because here you have a president who has ceased congressional power day after day i

it went as high as jeffrey rosen, sources tell uand rosen issued a memorandum directing all prosecutorslayers of review. ultimately no decision was made on a subpoena or a search warrant for giuliani, and his lawyer tells me they have not been in contact at all with the justice department. but this will be a test for the biden administration and the biden justice department. the timing of this is unclear but we know the senate, just yesterday, announced they would hold confirmation hearings for biden's pick for attorney general, judge merrick garland, beginning february 22nd. alisyn? >> kara, thank you very much for all of that reporting. >>> so it was an otherwise mundane virtual court proceeding in texas, but it turned into a viral hit when a lawyer on the zoom call had some issues. >> i believe you have a filter turned on in the video settings. you might want to -- >> we're trying to -- can you hear me, judge? >> i can hear you. i think it's a filter. >> it is. and don't know how to remove it. i've got my assistant here. she's trying to, but i'm prepared to go forward with it. i'm he

but jeffrey rosen referenced violence several times.donald trump's speech, no way did he have anything about violence. he said we are going to peacefully walk to the capital and make our voices heard. i am wondering what your two guest feel about it republican sprott articles of impeachment against joe biden, nancy pelosi, and the other. host: what is the relevance of that russian? -- of that question? caller: if they feel donald trump incited insurrection, it was a few hundred people out of thousands of people there. do we know when maxine waters made her statement -- you see people standing right in front of them and yelling at them. how many people because of wearing a mega hat -- a maga hat have been middle old -- have been ridiculed? guest: i think people from both parties should be subject to articles of impeachment when they engage in impeachable acts. i hope we are not entering an era where if it is someone from your team you turn a blind eye. if there is an impeachable act, people should be held accountable. i think your partic

they cited then attorney general bill bar, the acting attorney general when he left, jeffrey rosen, thed states, mike pence, who certified the electoral college results, republicans of arizona and georgia, the republicans secretaries of state. ted lew was making that point, the democratic congressman from los angeles. it was very effective. >> very effective on two fronts, making the factual case. look how far donald trump was willing to go to cheat, to try to steal an election, to get others to participate in his fraud. the fraud was on president trump, not any voters. how far he went. these republicans had the courage to stand up to him. they knew what he would do. they knew he would chainsaw them. they knew he would attack them. they knew he would turn on them but they had the courage to stand up to him. how about you? that's a play to republicans in the room. they used that and connected to what we all listened to for four years, right? and a lot of republican senators right there, that's just a trump tweet. don't make me talk about the tweets. forget about the tweets. tweets don't

we spoke about this issue this morning with head of the national constitution center jeffrey rosen.we will show you will begin in the next minute or two and take your life back into the senate when things get underway. >> what is does the senate have the jurisdiction of the constitution to try a former president and the second is president trump guilty of high crimes and misdemeanors inciting insurrection. on the first question, the people who question jurisdiction led by senator rand paul said you can't try a former president because the penalty for impeachment is removal from office and disqualification to hold future office. and if you can't be removed and you can't be impeached. the argument on it for the site is at the center has dreadful officers before, voted in 1876 to try former secretary of war william belknap who reside before being impeached. and also there were two penalties for conviction. one is removal, the others disqualification and it would make any sense say the defenders for an official to be able to avoid disqualification from office just by resigning moments b

coming up tuesday morning, preview of the second trump impeachment trial with jeffrey rosen.ussion of the legal issues at this center of the senate impeachment trial former president trump with john malcolm and we will talk with former senate leaders trent lott and tom daschle about the 2001 power-sharing agreement and challenges facing the senate and congress today. watch washington journal, live at 7:00 eastern, tuesday morning. sure to join the discussion with your phone calls, facebook comments, text messages, and tweets. >> coming up tuesday on c-span, i house transportation subcommittee looks at how covid-19 is affecting the maritime industry. that's live at 11:00 a.m. eastern. at 9:00 eastern on c-span2, a senate hearing on the president's clemency power and when it can be used under the constitution. at 1:00 in the afternoon, opening arguments begin for the second senate impeachment trial of former president donald trump. and on c-span3, a confirmation hearing for the white house budget >> representative ron wright of texas has died at the age of 67. a statement from

department officials also threatened to quit en masse if he fired jeffrey rosen. we watch president trump use any means necessary to pursue this aim, grasping for straws and retaining his hold on the presidency. but all of his efforts prior to january 6th kept failing. finally in his desperation he turned on his own vice president. he pressured mike pence to violate his constitutional oath and to refuse to certify the oath. president trump decided that vice president pence could somehow stop it. as he confirmed the president does not can have that power in the constitution. and president never explained why he thought he could do that, be just started attacking the vice president. publicly he attacked pence on social media and at rallies getting supporters to realize that they believed mike pence could have stopped the certification. here is what president trump said -- >> i hope mike pence comes through for us, i have to tell you. i hope that your great vice president comes through, he is a great guy. of course if he doesn't come through i will not like him quite

jeffrey clarke another justice department lawyer who had allegedly expressed support for using the department of justice to investigate the election results. shortly after acting attorney general rosen followed his duty and the law to reopen to refuse to reopen investigations present from antenna to replace mr rosen when mr clarke who could then try to stop congress from certifying the electoral college results according to reports white house counsel pat simple loney a vice president from not to fire acting attorney general rosen department officials had also threatened to resign en masse if he had fired rosen president actions time and time again made clear that he would do anything in pressure anyone if it meant overturning the election results we watch president use any means necessary to pursue this aim fevers the grasping for straws retaining his hold on the presidency but all his efforts prior to january 6th kept failing and finally in his desperation he turned on his own vice president. he pressured mike pence to violate his constitutional oath and to refuse to certify the oath present from had decided the vice president pence who presided over this sort of occasion could so

turned to jeffrey clark and another justice department lawyer who had expressed using the department of justice to investigate the election results for shortly after acting attorney general rosenrefused to reopen an investigation president trump intended to replace mr. rosen with mr. clarkeen who would try to sp congress from certifying the electoral college results. according to reports white house counsel passes alone not fire acting attorney rosen who threaten threatened to resign en masse it be fired rosen. trump's actions time and time again made clear he would do anything and pressure anyone to overturn the election results. he watched president trump do anything necessary to pursue retaining his hold on the presidency. but all his efforts prior to january 6or failing. .. he pressured mike pence to violate his constitutional old interviews to certify the oath. president trump had decided that vice president pence who presided over the certification could somehow stop it as a pence later confirmed the vice president does not have that power in the constitution. president trump never tried to explain why he thought the vice president could block the certification of electi

to jeffrey clark another justice department lawyer who had allegedly expressed support for using the department of justice to investigate the election results. shortly after acting eternal tunnel rosen followed the duty in the law to reopen or to refuse to reopen investigations president trump intended to replace mr. rosen with mr. clark would then try to stop congress from certifying the electoral college results. according to reports white house counsel pat cicilline said to not fire and they threaten to resign en masse if he had fired rosen. president trump's actions time and time again made clear that he would do anything and pressure anyone if it meant overturning the election results. we watched president trump use any means necessary to pursue this aim and feverishly grasp for straws at retaining his old on the presidency. all his efforts prior to januar. finally, in his desperation he turned on his own vice president. he pressured mike pence to violate his constitutional old interviews to certify the oath. president trump had decided that vice president pence who presided over the certification could somehow stop it as a pence later confirmed the vice president does not have

to jeffrey clark another justice department lawyer who had allegedly expressed support for using the department of justice to investigate the election results. shortly after acting eternal tunnel rosenllowed the duty in the law to reopen or to refuse to reopen investigations president trump intended to replace mr. rosen with mr. clark would then try to stop congress from certifying the electoral college results. according to reports white house counsel pat cicilline said to not fire and they threaten to resign en masse if he had fired rosen. president trump's actions time and time again made clear that he would do anything and pressure anyone if it meant overturning the election results. we watched president trump use any means necessary to pursue this aim and feverishly grasp for straws at retaining his old on the presidency. all his efforts prior to januar. finally, in his desperation he turned on his own vice president. he pressured mike pence to violate his constitutional old interviews to certify the oath. president trump had decided that vice president pence who presided over the certification could somehow stop it as a pence later confirmed the vice president does not have th

the constitution says on a number of things but particularly as far as impeachment is going and jeffrey rosen talking to us about that. as always, thank you for your time. >> guest: thank you. >> the second impeachment trial for donald trump is set to resume at 1:00 p.m. eastern. majority leader schumer talked about today session earlier today here is a portion of his comments. >> but first i want to say a word on impeachment. the senate has a solemn responsibility to try and hold donald trump accountable for the most serious charges ever, ever levied against a president. those who say let's move on and that brings unity is false but when you such a serious invasion of the capital incited by a president who, we know or ask or told people the election was false and urge people to come to washington and urge people to march on the capital in the senate has to find is he guilty of inciting the violence that ensued. when you have such a serious charge sweeping it under the rug will not bring unity but keep the wounds open. you need truth and accountability and i believe the managers will present

the constitution says on a number of things but particularly as far as impeachment is going and jeffrey rosen talking to us about that. as always, thank you for your time. >> guest: thank you. >> the second impeachment trial for donald trump is set to resume at 1:00 p.m. eastern. majority leader schumer talked about today session earlier today here is a portion of his comments. >> but first i want to say a word on impeachment. the senate has a solemn responsibility to try and hold donald trump accountable for the most