as john just noted, that trump was asking tubberville to do what rudy asked tubberville to do but i't think mike lee has ever been on the record saying that. that's the issue. let's bring in manu raju. manu, this isn't particularly germane unless you are mike lee and you don't want to get on the wrong side of donald trump, i suppose. although there's certainly nothing wrong with wanting to correct a record. >> reporter: yeah. and it's caught people by surprise, as you can tell. typically when poedureal matters come up in the senate, particularly something like this, they are ready for that, the parameterarian is ready for that. they gave instructions to the presiding officer. >> we're going to listen in, manu. hold on one second, to see what the decision is here. >> renew the request i made. >> wait. before he withdraws -- >> a. yes and nays? >> i withdraw the request for ayes and nays. >> i withdraw the quorum call and call on the manager, mr. raskin, for a brief statement. >> the impeachment manager, mr. cecilline correctly and accurately quoted a newspaper account which the disti

and said he handed the phone to tubberville who spoke to the president for about ten minutes. he said he had to tell tubberville quote i don't want to interrupt your call with the president but we're being evacuated and i need my phone. sounds like a comedy of errors but no comedy. the point is it was not an example the president trying to stop the siege or prevent loss of life, it was simply one more indication the president wasn't going to let a little thing like a deadly insurrection interfere with his plans. former white house chief of staff mark meadows went on fox news this weekend to mention that or any constructive steps taken in the heat oif the attac but tried to place the blame elsewhere. >> there is all kinds of blame going around, but yet, not a lot of accountability. that accountability needs to rest with where it ultimately should be and that's on capitol hill. >> well, now, in a way it does with senators, republicans who will have to decide whether they belong to the accountability wing of the party or the majority of it. joining us now, one of the senate juror

trump tweeted did absolutely -- he did pick up the phone to call senator tommy tubberville. when he got in touch with him in a temporary holding room, a source says he was trying to get tubberville to delay the vote. trump continuing to pound the table, the same table and goal as his mob. more than an hour of these images is all that anyone is watching. the situation is growing more dangerous. trump tweeted and did nothing to stop it. video is out there with protesters breaking windows and an armed stand-off on the house floor. this unforgettable moment. one former white house official say presidency trump was loving watching if the capitol mob. something ben sasse echoed. >> as this was unfolding on television, donald trump was walking around the white house confused by others on the team were not as excited as he was as you had rioters pushing against capitol police trying to get into the building. >> that does not square with trump's legal team's claims that he took immediate steps to provide assistance and the argument that fight like hell over months and months and mont

but when you look at the evidence today about the president's call to senator tubberville, asking him to delay the proceedings, to add objections, to spread it out, you could see that it's like a pinscher move. on one hand you're getting your mob up to the capitol, to do this damage and disrupt the counting of the electoral votes, but at the same time you've got to open the window of time during which those electoral votes are counted in order to allow the mob to have its effect, to actually do the damage, to perhaps catch someone. but at a minimum to be able to disrupt. if this thing had gone smoothly and orderly, without objection, we might have been done by the time the mob had reached the capitol. so there's a possibility of there having been some connivance between those who tried to create the delay and that being used to open a window long enough that the mob could fight its way in and disrupt the count. so, all of that remains to be seen, but it struck me that when the president called senator tubberville for that specific purpose, that could easily have been a similar call to

senator tommy tubberville confirms overnight that he was

tubberville telling reporters that's when he hung up with former president trump and minutes later isain, when trump sent that tweet about mike pence. >> just really shedding light on no matter how much more information we could have learned or continue to learn right up to the very end, it really didn't matter when it came down to the voting. thank you, boris sanchez. joining us now, former senior adviser to president obama, david axelrod. cnn political commentator and former republican senator from arizona, jeff flake. and our cnn legal analyst, former federal prosecutor jennifer rogers. and vos carver teaches about impeachment at tulane law school. many of you have been on the air today offering your expertise, so thank you for continuing to do so here. first to you, senator flake. your reaction to what we heard from mitch mcconnell, essentially saying former president trump is guilty, should maybe even face criminal charges. but it would be wrong to convict him at this senate impeachment trial because he is not a sitting president. >> well, if you just read the first part of his s

. >>> why did tommy tubberville come back to haunt the defense? >> donald needs to realize and take responsibility for the fact that some of the rhetoric he used could be contributing to the environment. >> "all in" starts right now. good evening from new york. i'm chris hayes and the prosecution has rested in the second impeachment trial of former president donald trump. we'll talk about that in just a second. but there was also a big woe if true announcement from the white house on vaccines tonight. joe biden senior adviser on covid response will be here to explain their new accelerated timetable to vaccinate everyone in the united states. but as the biden administration was keeping the heads down and focussing on the task at hand the senate was left to clean up from the carnage left by the last administration. on the second and final day of the presentation house impeachment managers stitched together evidence that donald trump knew his words were likely to result in violence and he did not lift a finger to stop it. the evidence presented today

obviously kevin mccarthy is not in the room, but tommy tubberville is. take us inside the chamber.o i think any of the new information that is more damning evidence against what trump was up to what changed any minds? i do not think so. that is the sad thing about what's happening with the republicans and their party and my colleagues. >> if all this reporting hasn't changed what republicans are going to do, does it make sense to call witnesses? while we have been on air, we have seen a second senator, democratic senator, jeff merck lee, call for delay and suspension of trial so we can call witnesses. what do you think of that? >> it will be up to the house managers to make the determination. frankly, if witnesses were called, do i think republican minds would be changed, i do not think so. here is kevin mccarthy. not only does he have that in the middle of the siege phone call, the president basically says too bad, you know, he is basically enjoying this, the president, and then mccarthy turns around and goes to florida to kiss trump's ring. what is that? it is a party that's lost

senator tubberville said he told the president, mr. president, they just took the vice president out. i've got to go. that was shortly after 2:00 p.m. there were still hours of chaos and carnage and mayhem. the vice president and his family were still in danger at that point. our commander-in-chief did nothing. >> counsel for the former president. >> the answer is no. at no point was the president informed the vice president was in any danger. because the house rushed through this impeachment in seven days with no evidence, there's nothing at all in the record on this point. because the house failed to to even a minimum amount of due diligence. what the president did know is that there was a violent riot happening at the capitol. that's why he repeatedly called via tweet and via video for it to stop, to be peaceful and to respect capitol police and law enforcement and to commit no violence and to go home. but to be clear, this is an article of impeachment for incitement. this is not an article of impeachment for anything else. one coun

tubberville. >> not guilty. >> mr. tubberville, not guilty mr. van halen. >> mr. van halen guilty.iner. mr. wariner, guilty. mr. warnock. >> gts. guilty mr. warnock, ms. warren guilty. mr. white house. mr. white house guilty mr. wicker. mr. wicker, not guilty. mr. wyden, mr. wyden, guilty. mr. young, not guilty. >> mr. young, not guilty. [silence] [silence] you've been watching live as now president trump has going on live, 57 vote guilty 43 vote not guilty. let's listen in. >> 43, our two-thirds of the senators present not having voted guilty, the senate and judges that respond donald john trump former president of the united states is not guilty as charged in the article of impeachment preside office director judgment to be entered in accordance of the judgment as follows senate having tried donald john trump former president of the united states by 1 article of impeachment and two-thirds of the senators present not having found hem guilty to the charge contain therein, is thereof ordered and judge that the said donald john trump be and hereby acquitted for the charge in said art

and that is sad. >> joe, in fairness tommy tubberville is still working through the three branchs of government and who and why we fought world war ii. he has to get to the papers maybe later today to hear these comments from the congresswoman. listen -- >> the paper boy is pushing through that snowstorm, extra extra. >> it's hard. >> joe, come on. >> extra, get your news from january 8th. >> he gets it and wipes it off. reads it. >> where does tommy live? like, alabama we made fun of people on the planes, but good lord. what is there a time warp, 50, 60 years? >> tough day for the s.e.c. in that clip between auburn and south carolina with lindsey graham. but, kevin mccarthy, if he actually does something today about this congresswoman from georgia and strips her of assignments, the education committee, for heavens sake she's on. she denied that school shootings ever happened, a couple of the most famous ones. if he does it it's been under duress. he's taken two, three weeks and tolerated everything we've seen and heard. we know how he really feels. we knew he flew to mar-a-lago. we

top trumper tubberville -- good job. made points i hadn't seen. even marco rubio -- good job. then this part, my favorite -- i don't believe the facts are largely in dispute. a rare honest moment for the bible verse babbler. they are not in dispute, the facts. because this acquittal is about fear and fealty, not facts. they're not even pretending to be fair about their duty here, which, remember, is not to punish. the duty is to remove from office to prevent, to protect against this happening again by the same person, to set a precedent here so that you don't let someone think this is an okay way to act if you lose. to stop trump's ability to do this again by running again. how impartial is it if three of them -- cruz, lee, and paul, actually go and meet with trump's attorneys, which is what they did this afternoon, to discuss their legal strategy? en wyou know, they took oaths before this. it's not a real legal trial, but you do take an oath. you raise your hand to god and say, i solemnly swear i will do impartial justice according to the constitution and laws, so help me god

senator tommy tubberville confirms overnight that he was on the phone with president trump at that very moment. he told president trump on the phone that mike pence was being evacuated and still, donald trump did nothing to try to stop the mayhem. >> senators watch video of nancy pelosi, house speaker pelosi's staff running to hide from the mob moments before the insurrectionist tried to prbrea down their door. senators mitt romney and chuck schumer also seen on surveillance video. we had never seen this before, narrowly escaping the mob. we have new reaction from the senators this morning. we also have new reporting on what the house managers intend to present today. you can expect them to offer something of a pre-buhfpre-but the former president's defense. >> joining us now, mike rogers, and cnn legal analyst, norm eisen. he served as counsel for the democrats on the house judiciary question committee during president trump's first impeachment. gentlemen, great to see both of you. ambassador eisen, what was accomplished yesterday? >> alisyn, good morning. it was powerful. the -- we ta

and what he was talking about was that trump placed a call, got mike lee, he gives the phone to tubbervillee vice president out. i got to go. so, trump knew mike pence was in danger. to me that's still case closed. >> yeah, no, absolutely. the timeline does intersperse what was happening in the capitol with what donald trump was saying, tweeting or not doing. so from the moment he knew and really he knew before they went that this was the foreseeable consequences of his words and then the capitol had been breached did he send federal troops? did he say to his supporters and we know because we saw supporters through a bullhorn repeating the tweet he sent saying go home and by the time he did it the adrenaline was so high there was no chance that they were going to turn back and it was too late by then so yes. he could have put a stop to it. >> exactly. we now have -- there was another person coming and had trouble getting you on. same question to you. if you have republicans begging trump, including lindsey graham saying, please, donald trump, please, mr. president, end this attack, chris ch

withdraw evidence that lee said mischaracterized his account of a phone call between trump and senator tubberville. it's not critical in any way to our of case. >> reporter: meanwhile, defense counsel, david schoen reacted to the opening arguments accusing democrats of wanting to simply attack trump. >> seems like they want a lot of screen time for themselves. they're hoping to drum up emotion and get their last shots in at president trump. >> reporter: the trial resumes at noon. tomorrow, trump's legal team starts their 16 hours of defense. >> thank you very much. you can see all the coverage starting today a little before noon on the fox news channel. meanwhile, we told you that just three weeks and one day ago, joe biden on his first day in office, one of his first things was he signed an executive order that pulled the plug on the permit for the keystone xl pipeline. >> that was so easy, where suddenly 11,000 union jobs, poof, just gone like that. that was so easy, now hollywood wants another pipeline shut down. because dozens of celebrities and activists have written a letter to the president

tommy tubberville told reporters on wednesday night that he talked to the president that day, he didn't vice president out. i've got to go. and trump was calling to tell tuberville to delay certification. so he tells the president right after 2:14 when he's removed, mr. president, i've got to go, they just took the vice president out. he was removed at 2:14. ten minutes later when the president knew that mike pence's life was in danger, that they had to take him out, donald trump tweeted ten minutes later, mike pence didn't have the courage to do what should have een done to protect our country and our future. tuberville says they just took mike pence out and the president tweets that mike pence didn't have the courage to stand up to the constitution. >>> up next, exposing the big lie. the nation's former top security official who led the effort to make sure the election was secure will be our guest. keep it here on "morning joe." when you switch to xfinity mobile, you're choosing to get connected to the most reliable network nationwide, now with 5g included. discover how to save up to

tubberville? no. mr. van holland? mr. van holland, aye. mr. warner? mr. warner, aye. mr. warnock? mr. warnock, aye. ms. warren? ms. warren, aye. mr. wicker, no. mr. wyden? mr. wyden, aye. mr. young? mr. young, no. mr. moren? no. mrs. blackburn? mrs. blackburn, no . >>> pursuant the senate having voted in the affirmative in the foregoing question, the senate shall proceed with the trial as provided under the provisions of that resolution. >> mr. president? >> majority leader? >> i ask unanimous consent that the trial adjourn until 12:00 noon tomorrow, wednesday, february 10th, and that this order also constitute the adjournment of the senate. >> without objection, we shall stand in adjournment until noon tomorrow. >> so, there you have it. the vote in the u.s. senate on whether or not proceeding is in accordance with the u.s. constitution. 56 yes, 44 no. it's basically the same as the last time. although the yeses picked up one more republican, six total. the new republican is senator cassidy of louisiana, joining sasse of nebraska, romney of utah. who else am i forgetting? >> susa

tubberville, no. mr. van hollen, aye. mr. warner, aye. mr. warnock, aye. ms. warren, aye. mr. mr. wicker, aye. mr. widen, aye. mr. young, aye. mr. cassidy, aye. mr. hagerty, no. >>> doing the hand count. this is the clerk of the senate, the gentleman right there at the center of the long desk. want to be careful, your math is correct, it will be double checked by his colleague next to him. during the vote perhaps you saw senator rand paul, the only member of the senate within camera view without a mask, also happens to be a physician. and senator leahy. >> the nays are 11. the resolution is agreed to. and pursuant to the provisions of senate resolution 47, there shall now be four hours of argument by the parties equally divided on the question of whether donald john trump is subject to the jurisdiction of a court of impeachment, notwithstanding the expiration of his term in that office. mr. manager raskin, are you a proponent or an opponent of this question? >> i'm a proponent. >> mr. castor, are you a proponent or opponent of this question? >> we are an opponent. >> mr. manag