senator leahy: sorted. senator schumer:i ask it be in order for myself and senator mcconnell to speak for up to one minute each and then in order to make a unanimous consent to request legislative session. senator leahy: without objection so ordered. senator schumer:in a moment i will ask the senate to pass a distillation that would award eugene goodman the congressional gold medal. in the weeks after the attack on january 6th the world learned about the incredible incredible bravery of officer goodman on that fateful day. here in this trial we saw new video, powerful video showing calmness under pressure, his courage in the line of duty, his foresight in the midst of chaos and his willingness to make himself a target of mob rage so that others might reach safety. officer goodman is in the chamber tonight. officer goodman, thank you. [applause] [applause] senator leahy: the republican leader. senator schumer:we can all agree that eugene goodman deserves the highest honor congress can bestow but i want to be

chair leahy: -- chair durbin senator cotton? : sen. cotton: i want to return to questions about the durham investigation. senator grassley asked you if you would commit to ensure that john durham had the staff, resources, and the time needed to complete that investigation. you said you did not have the information that you needed to speak with him but you had no reason to think that him staying on was not the correct decision. why can't you commit specifically to saying that he will have the time, staff, and resources he needs to complete his investigation? judge garland: it's because i'm sitting here and i don't have information about what he needs and what his resources -- everything i know sitting here suggests that he should have those resources. sen. cotton: two years ago bill barr made the same commitment about the mueller special counsel. he did not have this information and did not consult with the department. he simply said yes. why can you not say yes the way bill barr did? judge garland: i feel about every investigation and

senator leahy: mister raskin. senator raskin: first of all, this is the proper time to talk about witnesses. this is completely within the course of the rules set forth by the senate. there is nothing remotely unusual about this. i think we have done an exceedingly thorough and comprehensive job at all the evidence available. last night this was breaking news and it responded directly to a question raised by the president's defense counsel saying we had not sufficiently proven to their satisfaction although we have proven to the satisfaction of the american people certainly that the president, after the breach and invasion the took place was not working on the side of defending the capital but to pursue his political goals and the information that came out by congressman -- congresswoman butler backup by contemporaneous notes she had taken will put to rest any lingering doubts raised by the president's counsel who says he wants to interview hundreds of people. there's only one person the president's council needs

we now understand that senator leahy is in zoom range. senator leahy, do you read me?do you hear me? >> i hear the voice. >> i assume there is a picture coming here somewhere. >> is there a way to turn up the volume so we can hear senator leahy? there he is. >> i'll move this camera around just a little bit. okay. >> take it away, senator. >> thank you very much. first off, thank you, chairman, for having these hearings, and it's great to see you seated there. five years ago we would have seen you sitting there for your supreme court nomination, but i'm glad you're here today. the nomination comes at probably the most vulnerable moment in the 151-year history of the department. and you got to restore the integrity and the respect of the department. no small job. i can't think of anybody more qualified to do that. i know that a number of people stated their support of you. one person i know and respect greatly, former fbi director george free, and i know he sent a letter, and mr. chairman, if you don't mind, can we have that letter go in the record if you haven't alread

we understand senator leahy is in zoom range. senator leahy, do you read me? >> can you hear me? >> i hear the voice. >> i assume there's a picture coming in here somewhere. >> is there a way to turn up the volume so we can hear senator leahy? there he is. >> i'm moving this camera around just a little bit. >> all right. take it away, senator. >> first off, thank you very much for having these hearings. judge, is great to see you seated there. i wish five years ago we would have seen you seated there for your supreme court nomination but i'm glad you're here today. >> thank you, senator leahy. >> the nomination comes at probably the most vulnerable moment in the 151-year history of the department. and you've got to restore the integrity and respect of the department. no small job, but i can't think of anybody more qualified to do that. i know that normal people stated their support of you. one person i know and respect greatly, former fbi director judge freeh and i know he sent a letter, and mr. chairman, if you don't mind, can we have that letter go in the record, if you haven't

patrick leahy of vermont is with me. he's also newly the chairman of the senate appropriations committee. good to have you. good morning. >> it's good to be with you, poppy. >> you know, no one can debate or argue with the fact that americans are in desperate need of help. we know that. but the republicans see it differently than you guys do in terms of the scope, the size of this package, how it's targeted, exactly what it does. and i want to ask you about pushing this through reconciliation, potentially with no republicans, because you have, for so long, been a supporter of bipartisanship. i mean, this morning i went back and read an op-ed you wrote in 2011 in "the hill" and you said a new congress brings a new opportunity to bridge the gap and restore bipartisanship. we have a new congress. we have a new president. and i wonder if you're concerned about the first major piece of legislation that goes through the biden administration, not being bipartisan at all. and if that just drives division more in this country. >>

senator leahy: corp. has been suggested and the cler >> madam, mister president, i asked the koran be dispensed with. >> the senator from utah. >> withdraw.

does senator pat leahy step in and say you can't say that? how does that look partisan?y, yes. lawyers in any legal proceed having leeway. but it does happen in criminal courts and civil courts, where judges will say, i will not allow you to make that argument. that is not a defense, procedurally. one of the senators have to move to senator leahy and say we want to preclude, stop this defense. senator leahy can rule or not rule and put it in front of the whole senate for vote, remembering the democrats control the majority. if he rules, the senate can overrule him. obviously, this will come down ultimately to a majority vote of the senate. >> thank you very much for explaining it to us. >>> house minority leader kevin mccarthy will sit down with congresswoman marjorie taylor green. the law maker continued to spout conspiracy theories about unimaginable things. such as the parkland school shooting and a cnnk-file review she indicated support for killing prominent democrats, social speaker nancy pelosi. >> many of her former colleagues have said she spoke with trump and mc

allan once they decide whether or not they're going to actually call should point out that's patrick leahy there who is presiding over the senate trial so we're going to have to watch things we have to jump in but until we do allan take us through what will happen today once we get one way or another pass this vote on witnesses. may proceed just to touch on the question of donald trump being very quiet i was told that his legal team and others around him have said say nothing we've got this good results almost you don't need to do anything to me raskin who is leading the prosecution for the democratic house managers has taken the platform in the senate why don't we go into the senate and hear what he's got to say i'm all find out whether or not the call in witnesses to match and then continue this incitement even even as he failed to defend us from the ensuing violence we've supported our position with images videos affidavits documents tweets and other evidence leaving no doubt that the senate should convict we believe we've proven our case but last night congresswoman jamie herrera butle

article by politico and they write about the democrats effort to bring back your marks read patrick leahy and the new chairs of the house and senate appropriations panel respectively announced, will announce in the coming tsweek democrats will reinstate earmarks, also known as member directed spending in the next fiscal year's bill. they write the democrats say they will be transparent and disclose the details of your, who requested it and which entity would get the money. numbers cannot request earmarks for entities to which they have financial ties. what were the issues that brought about the most moratorium on earmarks when republicans took power in 2011? >> one thing is that it's not surprising. they are the corporation committee but if you look at the people who got the ballof the earmarks, it was members of the appropriations committee , particularly the defense appropriations subcommittee so they got the lion's share and that was one issue. you look at when we started doing the database and providing names along with your marks that you can understand who was getting what , congres

senator a leahy. senator leahy: is it coming through ok? thank you very much. mr. secretary, it's good to see you. we had a good chat the other day. i know we welcomed you in vermont. every time you have been in vermont, everybody has been happy to see you, republicans and democrats alike. we will see you there again, i hope. it is so important -- incidently i'm glad to see that somebody has cars as old as cars my wife and i have. your department helps our nations farmers and rural communities, underserved families, i look at the coronavirus pandemic what that's done. the economic disruption. certainly my own state of vermont, and everywhere else it affects. race, gender, geography affect how americans experience crises. i think we have to make sure that president biden and you can work to make sure that not only ver -- vermont but all over the country we have access to the resources we need. i put my post statement in the record. -- full statement in the record. i assume that's without objection. many senator stebby now: without objection, yes. senator leahy: last

is the signage this is a senate stands adjourned you might've noticed the presiding officer patrick leahy democrat of vermont who is presiding over this callout mike to mike lee and then mike lee approaches the podium as those to discuss, look like they were discussing what just happened, reporting for the huffington post with this tweet, pandemonium on the floor he describes, lee wants something about managers said struck from the record, lay he is having trouble reading the ruling and cannot turn his microphone on, we can't hear you with the mask on grandpa shouts. the senate is in quorum to figure it out. it sounds like there's more to come on this tomorrow when they adjourn, reconvene at noon eastern time tomorrow. i want to show you the moment mike lee is referring to when david cicilline the democrat of rhode island one of the impeachment managers that helped write the articles of impeachment for these proceedings, he's talking about a phone call that the president made as the violence is happening on capitol hill. >> shortly after 2:00 p.m. as the seed was fully underway then presi

>> well, first of all, i think it's important for people to understand that patrick leahy is not making decision here. this decision is being made by the senators in response to what the parliamentarian decided. the woman who is talking to pat leahy on the chair who is telling him what to say is the parliamentarian of the senate. she is boldly bipartisan. she calls balls and strikes, and what she essentially was saying is that mike lee's motion was out of order because he may be upset that something was said that he doesn't think is true, but the rules don't give him the right to strike it. so he appealed the ruling of the chair so this vote will be on whether to sustain or overturn the ruling of the chair. joe manchin tried to get in there. chuck was trying to call an absence of a quorum. the absence of a quorum is what's done that allows everything to pause for a minute for everyone to talk and figure out what's going on, but really what this was is this is pent-up frustration by those people who are trump loyalists over the powerful presentations that were made today, and they are tr

this former president but that is enough for us to know that there is guilt there and senator patrick leahy is is unimpeachable in his character many folks know he served with distinction for decades he has respect on all sides of the io he has worked tirelessly to uphold the constitution and i believe he will lead a process that goes down in the history books as one to reconcile what happened and make sure we still have a democracy at the end of this process chris what does it say about the state of division not only around political issues but the state of division on what should be really consensus issues like constitutional principles of whether the senate has been looking at so far was the question of whether it has the constitutional right to try a former president right and that even that constitutional question went down on party lines is that warren cross i mean what it says is that will ultimately i want to address something that jack said which is this is ultimately a political process the fact that it's political it's not surprising and it's not necessarily bad the difference is

and senator leahy has the power to not make a ruling and to throw the decision to all 100 senators. >> finally, the house impeachment managers, what do you think they have in terms of a case? how will they present it? >> i think that, you know, i suspect that they've learned from the first impeachment trial that really ended up just emboldening donald trump. and my guess is, this is going to be a trial that's going to speak to the raw emotions of the moment. after all, they will be showing scenes of the capitol of the united states, where they are sitting, being ransacked by a mob and the president's words before that, that instigated that rally. i think it is a visual, emotional argument with witnesses who probably suffered at the hands of the mob. which would make it all the more tone deaf for the president to start talking about voter fraud. >> ben ginsberg, counselor, thank you very much for helping us understand what we're seeing. we really appreciate it. >>> so a new effort from one prominent republican congressman to reclaim the party and resist the former president, next. ♪ li

you've got to have an unbiased judge and pat leahy for all his experience is not unbiased and that's a due process violation. >> laura: i might have missed this but did job -- john roberts just not answer their call. i'm getting my hair done or nails done. what happened there? >> we don't know. this is like byron, we're not entirely sure. we have a cnn report. that's not the way to run the government. there should be a formal letter from the senate and a response from the chief justice of the united states, not i'm busy, but excuse me, but the president of the united states is not being tried and therefore it would be unconstitutional for me to walk across the lawn, take the gavel. >> laura: the chief didn't want to pronounce at all. great to see you. thanks so much for being here. coming up, some bold comments that were less than super and echoed during a presidential interview? did you hear it. raymond arroyo, "seen and unseen" next. >> laura: it's time for our "seen and unseen" segment where we unpack the cultural stories of the day. for that we turn to the author of the fourth co

leahy guilty. >> mr. leahy, guilty. mr. lee, not guilty. >> mr. lee, not guilty. mr.guilty. >> ms. lummus, ms. lummus not guilty. mr. manchin guilty. >> mr. manchin guilty. >> mr. marquise, guilty mr. marshall not guilty. mr. mcconnell. >> mr. mcconnell, not guilty. mr. menendez, guilty, mr. menendez, guilty. >> mr. merkley. mr. merkley, guilty. mr. moran, mr. moran, not guilty. ms. mccowski, guilty. >> mr. murphy, guilty. >> mr. murphy, guilty. >> ms. murray. >> guilty. >> ms murray guilty. >> mr. ossoff, guilty mr. padilla, guilty. >> mr. paul, not guilty. >> mr. paul, not guilty. >> mr. peters, guilty. >> mr. peters, guilty. mr. portman. mr. portman, not guilty. mr. reid. >> guilty. >> mr. reid, guilty. mr. risch. >> not guilty. mr. risch, not guilty. mr. romney. >> guilty. >> mr. romney, guilty. ms. rosen. guilty. mr. rounds, not guilty. >> mr. rounds, not guilty. mr. rubio mr. rue rubio, not guilty. >> mr. sanders, guilty. >> mr. sasse. >> mr. sasse, guilty. mr. shots guilty. mr. schumer, mr. schumer, guilty. mr. scott of florida. >> mr. scott of florida, not. >>

you're being unfair to pat leahy already declared trump is guilty. that is unfair. >> no, wait a second, sean. hear me out. every movie you've seen where you have ahe criminal trial, if the jurors are not willing to say that they haven't made theie mind up, they're struck from the jury. how can you have a judge "judge" has already announced that he want conviction. this is like an old western. no resemblance to a real trial. it's a mock trial and pathetic. >> sean: it's pathetic. let's let them keep going days and days of it. see what the result is for them. i'm hoping for that. all right, mr. speaker. thank you. when we come back, an unbelievable exchange with our own peter doocy today and jen psaki. no answer when peter asked where are the workers laid off by biden's executive orders two weeks ago? where are they going to get their next pay check? they're notrd working right now. that and lindsey graham weighing on this and more straight ahead. ♪ ♪ ery day. get exceptional care at every step, unparalleled safety at every visit, and flexible payment

instead we have pat leahy in the chair making it up as he goes along. the whole thing is a sham and is disgrace and time for it to end. >> harris: one more on that and i want to get to the incident that happened at your home. i just want to fact check something because senator hawley, people are saying you are sitting apart from everybody else during these proceedings. you are up in kind of another section and i know some of your fellow republicans have said when they watch the videos that they've seen the last couple of days they cry. what has been your reaction and why are you seated apart if that's the case? >> well, i'm sitting where senators are allowed and designated to sit and been there for the entire trial, harris, with my notes, with my briefs, and i will continue to be and in terms of what we're seeing, what we're seeing is what we lived there and what my staff lived through t. it is horrific. the criminals who did it aurt to be prosecuted by the full measure of the law. nice to hear democrats say the same should happen for everybody who has

durbin, feinstein, gillibrand, hassan, heinrich, hickenlooper, hirono, kaine, kelly, king, klobuchar, leahy, lujan, manchin markey menendez merkley murkowski murphy murray ossoff padilla peters read romney rosen sanders sasse schumer, shaheen, sinema smith stabenow tester collins warner warnock warren whitehouse wyden. senators voting in the negative, barasso, blackburn, blunt boseman braun burr capito cassady cornynol cox cramer crao cruz gains ernst fischer graham grassley haggerty hoeven hyde-smith inhofe johnson kennedy lankford lee lummis marshall mcconnell moran paul portman risch rounds rubio scott of florida, scott of south carolina shelby sullivan finn tillis to me tuberville wicker, yong. >> mr. president? i would like to change my vote to aye. >> mr. graham, aye. >> mr. president. >> mr. sullivan. >> as a point of inquiry there's a little confusion here. is that a vote on one witness? >> debate is not allowed during the vote. >> it's not debate. >> senator from alaska. >> it's a point of inquiry on what we just voted on. >> i am advising that is not allowed during the vote. [inau

senator leahy: corp. has been suggested and the cler >> madam, mister president, i asked the koran be dispensed with. >> the senator from utah. >> withdraw. senator leahy: the chair would advise everybody the evidentiary record is closed, the scope of these things, not admitted into evidence. new evidence is not permitted in closing arguments, references to such new evidence will be stricken. the house managers have a quorum and wish to resume. house managers. >> mister president, esteemed senators, good afternoon. we are grateful for your attention as we engaged in a process formulated and put to paper by founders in my home city in philadelphia which is getting its fair share of attention this week. my colleague, mister cicilline talked about the religion of duty. i will talk about what we raise questions about. the defense suggest this is just one speech and one speech cannot insight insurrection. the defense suggested because the attack was preplanned by some insurrectionist's, donald trump is somehow

with democratic senator, patrick leahy, imagine this, presiding. it's officially a kangaroo court because he's already said he wants a conviction. wow, that's real equal justice and due process, isn't it? so, number two. the reason this will fail. the incitement claims are bogus. look at this. you even have the fake news media, the "washington post," cnn, we also have the fbi and court documents, and now, even congresswoman alexandria ocasio-cortez saying the breach was well planned before january 6th. we even have details to prove that point. oh, it wasn't spontaneous excitement based on words. it was planned. three democrats now setting what is an insane standard for what will constitute their favorite new word, insurrectionist rhetoric that they will be highlighting. now, according to the article of impeachment, president trump is accused of inciting an insurrection because of his remarks on january 6th, "he willfully made statements that in context encouraged and foreseeable resulted in lawless action at the capitol such as if you don't fight l

may be patrick leahy, maybe senator warner, also joe manchin. that was not a good move to be talking about the landmines. sorry, in west virginia. lack of familiarity with west virginia on the part of the vice president here from san francisco talking about a collision of worlds. we will see what happens at the end of the hour. you and roy started. i wish harold were up there in the congress. we need more sensible, moderate, thoughtful democrats like harold. rather than with the democrat party has become. >> bret: harold, what about the control of the caucus by the house speaker. there are two sides of it. the progressive side and the more conservative side. >> thanks to bill bennett for the kind words. i think both sides have got to take a breath. i think nancy pelosi has to manage a five person caucus. we have a tighter congress. we have a tight tenet. i think joe manchin is going to act as a check. he had mark warner and i would argue mark kelly and maybe pat toomey and rob portman. i believe rob portman is in that meeting. i think bill benne

mr langford not guilty mr leahy guilty mr leahy guilty mr lee. mr lee not guilty mr lu han mr lu han guilty ms lamas islamize not guilty mr mansion. mr mansion guilty mr marquis. mr marquis guilty mr marshall. mr marshall not guilty mr mcconnell. mr mcconnell not guilty mr menendez. mr menendez guilty mr merkley mr merkley guilty mr moran mr moran not guilty mr koski is murkowski guilty mr murphy mr murphy guilty this is mary. this is marie guilty mr. mr. guilty mr padilla. mr padilla. guilty mr paul. mr paul not guilty mr peters. mr peters guilty mr portman mr portman not guilty mr reid. mr reid guilty mr british. mr rich not guilty mr romney. mr romney guilty this ruse and. has risen guilty mr rounds. mr round's not guilty mr rubio. mr rubio not guilty mr sanders. mr sanders guilty mr sas mr c. s. guilty mr shots. mr shots guilty mr schumer. mr schumer guilty mr scott of florida. mr scott of florida not guilty mr scott of south carolina. mr scott of south carolina not guilty mrs shaheen. mrs shaheen guilty mr shall be. mr shelby not guilty miss

first day of the second impeachment trial of donald trump kicking off with democratic senator patrick leahy presiding as judge and jury rather than john roberts. chad program revealing the constitutionality of that tonight and the complete from some republicans about the defense team. let's start with this, first question, the first vote was whether the trial itself is constitutional. >> that's right. the senate tonight gave the green light to go forward with this trial. most republicans say democrats gave a presentation, republican counsel for donald trump, bruce castor stumbled but whether or not democratic managers actually address the question of constitutionality is up in the air. there were 6 republicans who joined with democrats to say this was proper and constitutional. among them bill cassidy, republican senator from louisiana. >> the house managers made a compelling, cogent case, and the president's team did not. donald trump's team were disorganized, did everything they could but talk about the question at hand and when they talked about it they glided over it. >> donald trump's

leahy. >> aye. >> mr. lee. >> no. >> mr. lieuhon. >> aye. >> ms. low miss. >> no. >> mr.l. >> no. >> mr. men dmenz. >> aye. >> mr. merkley. >> aye. >> mr. moran. >> no. >> ms. murkowski. >> aye. >> mr. murtmy. >> aye. >> mrs. murray. >> aye. >> mr. ossoff. >> aye. >> mr. padilla. >> aye. >> mr. paul. >> no. >> mr. peters. >> aye. >> mr. portman. >> no. >> mr. reed. >> aye. >> mr. rich. >> no. >> mr. romney. >> aye. >> miss rosen. >> aye. >> mr. rounds. >> no. >> mr. rubio. >> no. >> mr. sanders. >> aye. >> mr. sass. >> aye. >> mr. shot. >> aye. >> mr. schumer. >> aye. >> mr. scott of florida. >> no. >> mr. scott of south carolina. >> no. >> mrs. sheheen. >> aye. >> mr. shelby. [ indiscernible ] >> miss smith. >> aye. >> ms. stabenow. >> aye. >> mr. sheldman. >> no. >> mr. tester. [ indiscernible ] >> mr. thune. >> mr. till yis. >> yes. >> mr. tumi. >> no. >> mr. tuberville. >> no. >> mr. van hollen. >> aye. >> mr. warner. >> aye. >> mr. warnot. >> aye. >> ms. warren. >> aye. >> mr. white house. >> aye. >> mr. wicker. >> no. >> mr. widen. >> aye. >> mr. ya. >> no. >> ya. >

january the 6th we're talking about things that you've got to watch out for trusting that senator leahy who is a democrat he is the man who will oversee these proceedings normally it would be the chief justice of the supreme court of the united states it was john roberts almost a year ago the reason he's not in position no is because the argument from the supreme court is because donald trump isn't a sitting president there is no need for the chief justice to be there therefore the more senior member on the essentially the ruling side of the senate senate president pro tempore essentially he he will take control of the proceedings the republicans are going to argue that that alone makes this unconstitutional because we will see hold on a 2nd who else in the united states can be held responsible for a judge who is also a juror as the senator will be that simply isn't justice therefore this cannot go ahead that is likely to fail because when they come to vote on whether or not this is constitutional it's on the street majority fought and. of course the democrats at the moment how a majori

i think we'll have to wait until we get some guidance from the chair, patrick leahy. minutes ago we were talking about the _ i'm afraid. a few minutes ago we i were talking about the prosecution was my case. take us through the defence that was extremely speedy yesterday. they were allotted 12 hours and they took less than four. take us through what they outlined in terms of defending donald trump. they had up to 16 hours open to them to defend the case. they took three orfour to defend the case. they took three or four hours. to defend the case. they took three orfour hours. essentially, they to defend the case. they took three or four hours. essentially, they had about four separate arguments. they argued donald trump hadn't been given any due process in this trial because there hadn't been much investigation, that he had been impeached just one week after the attack on the capitol. 0ne impeached just one week after the attack on the capitol. one of his lawyers said you'd get more due process if you are fighting a parking ticket than donald trump has had. they defen

leahy is the judge, a juror, and an eyewitness, that's extremely unusual. in criminal court, but remember, this is not a criminal court. i welcome your questions and comments as we live out history together. you can find me online on social media. nbc's coverage of the second day of the second impeachment begins this morning at 9:00. >> thanks so much, scott. >>> we've got new details on a new push to fund california's high speed rail project. organizers of the project want to tap into big funding to get the job done. those behind the long efforts to connect san francisco to los angeles want to use more than $4 billion in voter approved bond money. the state now expects to finish that construction by 2023, a year later than the last proposal. >>> even with all the covid problems in the california prison system, prison guards collectively are still apparently a little hesitant about getting vaccinated according to "the sacramento bee." testifying in sacramento this week, a corrections department health officer said only half are ready to roll up their sleeve

case when the president's lawyers have objected to the very well-regarded and widely respected pat leahy sitting in the sort of nominal position of presiding over the senate through this trial, on the grounds that that is a conflict of interest. i guess in a kind of wrong analogy to a criminal trial. but even if the analogy were correct, you sure as heck as the defense counsel bones meet with your jurors. so, yeah, it's bad behavior and it's particularly bad behavior after the defense counsel have made those kind of silly accusations against senator leahy. >> rhode island senator sheldon whitehouse. sir, it is always a pleasure to talk to you, particularly in the midst of all this super interesting legal stuff. thanks for being here tonight. appreciate it. >> of course. >> all right, we'll be right back. stay with us. >> all right, we'll be right back stay with us >>> that is going to do it for us for tonight. i told you, you were going to want to see my first guest tonight. fulton county district attorney fani willis, again, opening an investigation, potential criminal investigation tha

leahy is the judge, a juror, and an eyewitness, that's extremely unusual.would never work in criminal court, but remember, this is not a criminal court. i welcome your questions and comments as we live out history together. you can find me online, nbc's coverage of the second day of the second impeachment begins this morning at 9:00. >> thank you. >>> well no surprises here. president biden opposes california's effort to recall governor newsom. the issue came up when white house press secretary jen psaki was asked about it yesterday in the moments she hadn't spoke been it. later she made his position clear in a tweet "in addition to sharing a commitment to a range of issues with gavin newsom from addressing the climate crisis to getting the pandemic under control, the president clearly opposes any effort to recall the governor." even if a recall gets on california's two-thirds california voters agree with biden. >>> even with all the covid problems in the california prison system, prison guards collectively are still apparently a little hesitant about getti

the chair now recognized senator leahy. >> thank you, chairman. i would like to call upon what senator portman said. i agree with his concerns. but i might ask a question from the appropriations committee and i know time is limited so these could be yes or no answers. the appropriations committee is always working in bipartisan fashion to get money to the -- to the police. so mr. sund, yes or no, appropriations committee, ultimately the congress have met your request for salaries and operating expenses in every fiscal year, is that not co correct? >> yes, sir. >> and mr. stranger, the appropriations committee and the congress has met your request for salaries and operating expenses every fiscal year, that correct? i don't hear an answer. so i'll ask mr. irving. mr. irving, the appropriations committee and ultimately the congress, for your request for salaries for operating expenses in every fiscal year, is that correct? >> yes. that is correct. >> mr. stanger. >> yes, that is correct, sir. >> thank you very much. so, i have to think that we had --

case when the president's lawyers have objected to the very well-regarded and widely respected pat leahyin the sort of nominal foot of presiing over the senate through this trial, on the grounds of that is a conflict of interest. i guess in a kind of wrong analogy to a criminal trial, but even if the analogy were correct, you sure as heck as the defense counsel don't meet with your jurors. so the -- yeah, it's -- it's bad behavior. and it's particularly bad behavior after the defense counsel have made those kind of silly accusations against senator leahy. >> rhode island senator sheldon whitehouse, sir, it is always a pleasure to talk to you. particularly in the midst of all this super interesting legal stuff. thanks for being here tonight. appreciate it. >> of course. >> all right. we'll be right back. stay with us. this is a color laser printer. and this is the color toner cartridge. they're so expensive, people just print in black and white so they don't have to keep buyin' them. walk with me. that's enough! the epson ecotank cartridge-free printer. big ink tanks. lots of ink. and you

the trial began on february 9, with democratic senator patrick leahy presiding. were sworn in as jurors. all persons are commanded to keep silence on pain of imprisonment while the senate of the united states is sitting for the trial of the article of impeachment exhibited by the house of representatives against donald john trump. the nine house democrats making the case, known as impeachment managers, were all lawyers, many former litigators. both prosecutors and defence would have 16 hours each to make their arguments. mr trump's defence team was led by lawyers bruce castor and david schoen, who signed on to defend him only nine days before the trial began. in his opening remarks, mr schoen argued the proceedings were unconstitutional because mr trump was no longer a sitting president. he claimed the trial was a partisan play. they say you need this trial before the nation can heal, that the nation cannot heal without it. i say, our nation cannot possibly heal with it. with this trial you will open up new and bigger wounds across the nation, for a great many am

after 4 hours of arguments it was the impeachment trial presiding officer patrick leahy who announced the senate's decision. 56 the 44 pursuant to rose 47 so every vote permanent live on the foregoing course should. proceed with the trial as provided under the provisions of that resolution. nearly 60 hours after the flooding of a tunnel in the indian state of atomic and rescue teams have managed to clear enough debris to enter the structure $35.00 workmen into believed to be trapped around 180 meters inside the tunnel connected to the top one vishnu god hydropower project the flooding was triggered by a glass here that broke and fell into a river washing away dams power plants and roads 30 people are known to have died 170 and missing. the protests against the generals who seized power from democratically elected leaders have been growing in me and 2 members of cheese national league for democracy say police have raided their headquarters in yangon the world health organization team that's been in the chinese city of will hand investigating the origins of corona virus say it's unlikel

they used evidence that was flat wrong 2 or 3 nights ago with senator leahy and had to withdraw they tried to use it again today. they tried to use evidence that they had never presented in the case in their closing argument that is a very desperate attempt by a prosecuting team 9 of them by a prosecuting team that knew that their case has collapsed their closing did not mention one piece of law they didn't talk about the constitution once they didn't talk about the 1st amendment and its application they didn't talk about due process and how it applies to this proceeding for my client. a basic rule of any court is that when you close the case you close on the facts that were admitted in the trial it's a basic fundamental principle of due process and fairness and that was violently breached today on multiple occasions and you have to ask yourself why why did they resort to those tactics at this moment in time. senators that afternoon president. what took place here at the u.s. capitol on january 6th was a grave tragedy over the course of this trial you have heard no one on either side

and under those rules, the president pro tem, senator leahy, can preside. of course this makes perfect sense. the chief justice pre si the chief justice doesn't preside, the vice president can preside. it would mean somebody would preside over a president if there was a conviction. so it doesn't stand if it's a former president, or if you have anyone on trial other than the current president. so only the chief justice presides in that single case, and that is what the senate rules require. as a fallback, president trump and his lawyers may argue today that he should get a free pass, inciting an insurrection against the united states government, endangering congress, because as he put it this impeachment is somehow unconstitutional. so far as i understand it from reading the pleadings in this case, this defense involves cobbling together a bunch of meritless legal arguments, all of them attempting to focus on substance rather than jurisdiction and insisting that these kitchen sink objections lead the senate to not try the case. since they may raise these poi

the chair now recognizes senator leahy. >> thank you, mr. chairman. i would like to follow up on what senator portman said. i agree with this concerns, but i might ask a question from the appropriations committee and i know time is limited so these can be yes or no answers. the appropriations committee has always worked in a bipartisan fashion to get money to the police. so mr. sund, yes or no, appropriations committee, ultimately the congress, have met your requests for salaries and operating expenses in every fiscal year, is that not correct? >> yes, sir. >> thank you. and mr. stenger, the appropriations committee and ultimately the congress has met your requests for salaries and operating expenses every fiscal year, is that correct? i don't hear an answer. i'll ask mr. irving. mr. irving, the appropriations committee and ultimately the congress has met your request for salaries and operating expenses in every fiscal year, is that correct? >> yes. that is correct. >> mr. stenger? >> yes, that's correct, sir. >> thank you very much. so i have to thin

these senators on allowed to ask their questions aloud instead they submit them in writing to senator leahy's presiding over this session and then he has his clerk read them out and answers the limited to 5 minutes each day troublous lawyers finished making their case for is innocence he was accused he's accused of course of causing many months and then on the 6th of january a deadly insurrection at congress they made their defense in under 4 hours that he did not incite the 6th of january riots we heard from trump's lawyer michael vanderveen who said you can insights what was already going to happen his lawyers also argued that trump was exercising freedom of speech to declare that the election was fortunate and they accuse the democrats of hypocrisy and they played in the 11 minute video of their using the word fight early in the week we heard from the democrats who presented their case against trump saying he'd shown no remorse and could do the same again we can turn to our correspondent allen fish who is live for us in washington d.c. he's been watching this all very closely at and the qu

service to be seated senator patrick leahy of vermont brought down the gavel and kicked off the proceedings targeting the former u.s. president and democrats and some republicans accuse donald trump of inside the last months riot at the capitol building that left 5 people dead trump has said that he's not to blame for the violence his legal team insists that the trial is unconstitutional donald trump is the 1st president in u.s. history to be impeached twice one year ago his trial stimming from his pressure campaign on ukraine well that ended with his acquittal here's a closer look now at the events leading up to this unprecedented 2nd trial for. a solemn procession through the halls of the u.s. capitol with donald trump's future in their hands. democrats from the house of representatives set in motion a 2nd and pietschmann trial for the former president by delivering the single article of impeachment to the senate. article one incitement of insurrection donald john trump engaged in high crimes and misdemeanors by inciting violence against the government of the united states. the democrats

out for their cards and ride me that's the card delivered to the presiding officer, senator patrick leahy he read those had the clerk read them they proceeded from their pre-that's what it looked like. tommy and price utah a republican. >> caller: i question due process but everyone is entitled to due process. however the president, nothing for without due process we have no argument, truth. no evidence to carry this on. i hear different stories of people dying and people being killed. the reality, nobody i believe was killed pick. there were suicides, there was a heart attack. officers shot a lady. there are so many stories still continuing. no one has the truth, no due process, no investigation. kamala harris wants to release all these rioters, continues and continues. how do we not know the ones that violated 45 minutes before trump supporters arrived? that these were not people being released from jail, told to go do this. sonoma going to go to pam and washington, democratic collar hi pam. >> caller: hi i been watching for the last four days it's been fascinating. >> host: fascinating

anyone other than the sitting president apply and under those rules the president pro tem senator leahy can preside of course this makes perfect sense the chief justice presides because when the current president is on trial. if he chief justice isn't preside the vice president could preside and it would be a conflict for someone to preside over trial that would become president if there was a conviction so there isn't that concern when you have a former president on trial or for that matter when you have anyone on trial other than the current president which is why the chief justice presides only in that single case and why this is exactly the presiding officer the constitution and the senate rules require as a fallback president trump and his lawyers may argue today that he should get a free pass on inciting an armed insurrection against the united states government and endangering congress because as he would put it this impeachment is somehow unconstitutional so far as i understand it from reading the pleadings in this case this defense involves cobbling together a bunch of meritles