Skip to main content

tv   New Day With Alisyn Camerota and John Berman  CNN  January 21, 2020 2:59am-4:00am PST

2:59 am
>> you see phones have always got to be on silent. you never, never know. >> i love the disembodied hand reaching out to grab it. >> new day starts right now. trial mitch mcconnell unveiled a resolution detailing how the trial would take shape. >> each side gets up to 24 hours over two days to lay out their case. >> this resolution is totally departing from the clinton resolution, despite what leader mcconnell promised. >> we want a fast trial not a fair trial. >> they want to get it in before the state of the union f not they're crazy. >> announcer: this is "new day" with alisyn camerota and john berman. we want to welcome our viewers in the united states and around the world. this is "new day," it is tuesday, january 21st, 6:00 here in new york. >> are you ready? >> i'm ready.
3:00 am
i'm ready. i mean, i think that the country seems ready, people are very eager to see what's going to happen today. so the third presidential impeachment trial in u.s. history begins in just hours. president trump's legacy and america's system of checks and balances are at stake. the trial begins with a fierce debate over these proposed rules laid out by majority leader mitch mcconnell last night. these are rules designed to quickly acquit the president and make it more difficult to consider evidence. >> despite what leader mcconnell had promised, this is not the clinton model. this is a radical departure from the impeachment process of bill clinton 21 years ago. not just the pace, which seems designed to get the president acquitted about i next week, but also the framework. not a single shred of evidence collected by the house of representatives will be part of the record, at least for the time being. overnight the democratic leader chuck schumer warned of a cover up, calling the mcconnell rules a national disgrace.
3:01 am
we will speak with schumer shortly about how he intends to proceed today despite the fact that the republicans appear to have the votes. this morning there are signs that the american people are in a different place than mitch mcconnell and our brand-new poll 69% of voters say they want witnesses. that includes a plurality of republicans. also this morning new reporting on contingency plans from leader mcconnell should the senate decide it does want witnesses. plans to keep at least one of those possible witnesses, former national security adviser john bolton, completely hidden from the public. we have that new reporting in just a moment. first let's begin with cnn's lauren fox live on capitol hill with what we are about to see today, this moment in history. >> reporter: well, that's right. this has been months in the making, john, and in just a few hours the senate trial will begin at 1:00 p.m. today. it all culminates in that vote on whether or not president donald trump should be removed
3:02 am
from office. if senate majority leader mitch mcconnell has his way, the vote to convict or acquit president trump will come sooner rather than later. mcconnell presenting his proposed trial rules that break from the clinton model. he wants house impeachment managers and trump's legal team to present their case over two days, in two 12-hour sessions. that could stretch well into the night. >> he has many motivations. they are all political and they are all designed to help his people and certainly they are designed to cover up what the president did. >> reporter: senate minority leader chuck schumer outraged by mcconnell's resolution saying he will offer amendments to address its, quote, many flaws. >> it's clear mcconnell is hellbent on making it much more difficult to get witnesses and documents and intent on rushing the trial through. >> reporter: mcconnell's proposal also does not automatically include evidence submitted by the house and any
3:03 am
subpoenaed witnesses would have to be deposed before the senate decides if they will testify publicly. >> so i guess we are going to have a trial not only with no witnesses but no evidence. that is bizarre and insulting and damaging to the national security of the united states of america. >> reporter: trump's republican allies suggesting they are eager to move forward with the facts already presented. >> for the house to send us something, two articles, and then say, oh, but, by the way, hey, senate, we want you to call all these other witnesses that, you know, we didn't have time to do that because we were in such a rush, we had to get it done before christmas. we had to fulfill a political promise. donald trump has done nothing wrong. >> reporter: in 110-page filing trump's lawyers blast the impeachment trial as a, quote, rigged process and a brazen political act that must be
3:04 am
rejected. and of course we don't know how long this impeachment trial is going to go, but what we do know is that we're going to have our eyes on those moderate republicans to see how they're feeling throughout this trial and to see whether or not they want to actually have witnesses. of course, it takes four republicans to vote with democrats to get any of those democratic witnesses they've been hoping for, alisyn. >> thank you very much for setting all of that up for us, joining us now we have john avalon, rachael bade and cnn political commentator joe lack hea lockhart. i want to hear for you what mitch mcconnell said about how this was going to follow the clinton model pretty exactly. he said this last week. all we're doing here is saying we're going to get started in exactly the same way, 100 senators agreed to 20 years ago.
3:05 am
john, that was not the truth as we found out last night. it is different. very different than what happened with the clinton impeachment. >> yes, and that's the line mcconnell has been using and he lied to the people in the country and presumably his colleagues as well. two important departures, one, he's going to try to jam through 24 hours of debate in two days, not four, that's a strategy to overwhelm the system and white house the participants. and the second one that's even more important, i think, is the potential to vote individually on all elements of admitting evidence from the house separate from the question of whether there should be witnesses and new evidence in this trial. >> how can the evidence not be part of the official record? >> because he's trying to overwhelm the system. this is a speed up and slow down strategy and it's being driven by the desire to get it done by the state of the union. keep this in mind, clinton senate impeachment trial took five weeks, andrew johnson's took nine weeks. these folks are trying to get it done in a week, maybe less.
3:06 am
>> i think mitch mcconnell would say, right on, yes, i am trying to get this done by the state of the union address. so to what end? what does mcconnell get out of this? what is the effect of all of this? >> well, he's balancing two different political constituencies, one is the president and the republican party writ large, but he's also trying to balance the vulnerable senators that are in his caucus. what he did last night was come down hard on the president's side because he has made life potentially miserable for these vulnerable republicans because they have to face their voters who now see that this is a cover up. it is not an open or fair trial. what the democrats should do is stand up and what schumer should do is offer the clinton rules as an amendment, as a substitute and say y'all promised the clinton rules. now we're going to give you a chance to vote to see if you are truth tellers or liars. it's that simple. >> rachel, if mitch mcconnell gets his way today and it goes as the rules -- as he stated
3:07 am
last night, as he laid out, i should say, last night, what's going to happen today? does this wrap up at a certain time? does it go until 1:00 a.m.? >> yeah, i mean, look, we're going to be up late for the next couple of weeks, in fact, you know, i tweeted last night something to my fellow reporters everybody get a good night's sleep because we're probably going to be going until 1:00, 2:00, 3:00 in the morning for the next couple days. this is clear but clearly mcconnell the president has been pushing him get this done by the state of the union. i want to show up in the house and say i'm an acquitted president with pelosi obviously will be right behind him, he will be able to troll her when he says that. this is a top priority for the white house. mcconnell is trying to accommodate that. the question i have following these senators for so long is how are they going to stay awake this long? chuck grassley is 86 years old, one of the most senior members in the senate, he has a 9:00 bedtime every single night and he tells all of us about it.
3:08 am
how is he going to do this for multiple nights on end? i don't know if they can keep it up. it will be interesting to see, these rules will obviously be adopted today, it's just a matter of how long do they debate them. but, you know, do they have to sort of reassess as they go because this is going to be really intense. >> i will make one side note here, the chief justice of the united states has a side job which is to be chief justice of the united states. >> his side hustle. >> so he is going to preside over the senate until 2:00 a.m. and then he's going to go to the supreme court tomorrow morning and do chief justice stuff, right? so he's going to be burning the candle on both ends. i think that we just need to take a step back, once again, and make clear what this is all about. this system that mitch mcconnell has laid out here is not to provide for the american people an open window into what went on. it is not to lay out as many facts as possible for the american people or for that matter for the senate to see. it seems that this is designed
3:09 am
to do it quickly with as little information as possible. let me just read the rules of evidence situation here. materials in this record may be admitted into evidence by motion after the senate has disposed of the question of whether it shall be in order to consider and debate under the impeachment rules any motion to subpoena witnesses or documents. >> translate. >> what that means is that nothing the house did, not a shred of evidence from the house of representatives is as of now part of the senate impeachment record. and if this were a trial, okay, an actual trial in a court, what that would mean is you would not be able to submit a statement or make a statement about that evidence because it's not there yet. you would hear an objection, objection, evidence not in order or evidence not in the trial yet or facts not in evidence. so what mitch mcconnell is trying to do is create a system here, john, and you alluded to this, that if you don't go his way this will go on forever.
3:10 am
he's going to say we are going to vote on every single piece of evidence if you want to hear any of it. >> that's exactly right. he's trying to overwhelm the system and exhaust the american people and make people in the senate think that it would be so much easier not to do their job, like every other senate trial has done and hear from new witnesses. to hear significant new evidence that's come out as well. look, this is really simple at the end of the day. no matter how he tries to jam the system. the senators on the floor need to recognize that the eyes of history are on them. this is not simply something where you can get rolled by a bully or intimidated by process. do you think the president is above the law? do you think presidents should ask foreign powers to interfere in elections on their behalf and then cover it up with impunity? because republicans much to my amazement are still arguing what the president requested, we just heard marsha blackburn in the clip earlier, the president did nothing wrong.
3:11 am
that's despite all the evidence. you could argue total credibility, president did not behave well but he should not be removed for this. that is a completely credible argument. no president has been removed. the fact they're falling into line to that degree, that they're willing to ignore all the evidence, history will not be kind to them and it will be even less kind to senators from swing states with elections coming up. >> on one other basic level americans know -- it is so built into our fabric that trials have evidence and witnesses. those are the two ingredients of trials and that mitch mcconnell doesn't want either one. >> let's remember with mitch mcconnell and americans probably have forgotten already, but he has had two cracks at this already with brett kavanaugh and merrick garland where he jammed the system and didn't care about the optics and said i just want to win. >> and it worked. >> it worked in both cases. that's what he's operating on. i think you're right, i think
3:12 am
americans do have this innate sense of fairness when it's presented to them and they can't look around and they can't ignore it, and that's where the democrats' opportunity is here. i actually think there is a counterintuitive way to look at the limited time, it will force them to, i think, do two important three-hour blocks in prime time, which the clinton trial never was in prime time, it ended every night around 6:00, it was very nice and tidy. we were never in prime time and that was a help to us. so i think they have to approach it this way, which is nobody has heard anything about this, so on the two blocks have to be i don't care what we said before or what we said after, we have to tell two distinct stories over two nights and america is just tuning in now and that's important. >> all right. friends, stick around. coming up in our next hour we will speak with senate minority leader chuck schumer. he had a lot to say last night when these rules of the impeachment trial came out. we have a key piece of new
3:13 am
reporting from rachael bade who is with us on contingency plans for mitch mcconnell. he is laying the groundwork for what happens if he does lose on witnesses. what if the senate says it does want to hear from john bolton? mitch mcconnell has a plan. rachel will tell us that americans will never hear a peep of it. here's the story of green mountain coffee roasters costa rica paraíso. meet sergio. and his daughter, maria. sergio's coffee tastes spectacular. because costa rica is spectacular. so we support farmers who use natural compost. to help keep the soil healthy. and the coffee delicious. for future generations. all for a smoother tasting cup. green mountain coffee roasters. because the tempur-breeze™makes stransfers heat. away from your body. so you feel cool, night after night. and now tempur-pedic is ranked number one by jd power in customer satisfaction with retail mattresses. robinwithout the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us.
3:14 am
robinhood. i feelbusiness cards...new logo...outdoor sign. you always get me. now, get free 1 hour in-store pick up... ...at office depot officemax and officedepot.com.
3:15 am
same time next week. yes! it's either the assucertification process. or it isn't. it's either testing an array of advanced safety systems. or it isn't. it's either the peace of mind of a standard unlimited mileage warranty. or it isn't. for those who never settle, it's either mercedes-benz certified pre-owned. or it isn't. the mercedes-benz certified pre-owned sales event. now through march 2nd. only at your authorized mercedes-benz dealer.
3:16 am
and your mother told me all her life that i should fix it. and now it reminds me of her. i'm just glad i never fixed it. listen, you don't need to go anywhere dad. meet christine, she's going to help you around the house. the best home to be in is your own. from personal care and memory care, to help around the house, home instead offers personalized in-home services for your loved ones. home instead senior care.
3:17 am
to us, it's personal. home instead senior care. quitting smoking is freaking hard.st, like quitting every monday hard. quitting feels so big. so, try making it smaller. and you'll be surprised at how easily starting small... ...can lead to something big. start stopping with nicorette new reporting overnight from the "washington post" that the president's legal team and his senate allies, namely mitch mcconnell, working behind the scenes to develop a contingency plan to prevent former national security adviser john bolton from testifying in public. rachael bade broke this story, she is back with us, along with joe lockhart and john avalon. first of all, interesting it that mcconnell and friends think they need a contingency plan, even more interesting what you report that plan s tell us. >> basically this was the mastermind i guess you could say
3:18 am
of the trump white house defense team. this is something they came up with and have been sort of talking to senate republicans about over the weekend. it's this notion that if we lose the witness battle, if they're going to call witnesses they have this plan b and the number one goal is to make sure that john bolton does not testify live on national television in a senate trial. just to be clear a lot of my senate sources are still saying they don't think democrats will get a fourth republican to vote on witnesses. so they're sort of expressing confidence but also it shows that they are not even sure that they are going to win on this night. that's why they're putting this plan together. it's two pieces, the first one is that the white house would claim executive privilege over bolton, if he refuses to go along with that they would sue him and try to get an injunction in court to keep him silent while this is litigated which would really drag things out. the other idea that was new that we heard about was this notionful putting him in a classified setting going to a classified deposition, which would keep him from actually
3:19 am
telling his story, from keeping it from going out to the light of day and that would be one way that they could sort of control this. but i think it really underscores that they're nervous about john bolton, they don't know what he's going to say and a lot of republicans have been hopeful that he wouldn't turn on the party, but, look, i mean, he called this whole ukraine matter a, quote, drug deal and told his underlings to report it up the chain legally because he was concerned that a law was broken. they are not willing to risk it and they're trying to keep it covered. >> that i think is really important, john. there has been all sorts of speculation, we have done it, the pundits have done it about are republicans worried about john bolton. now we know. they have revealed their hand. they are really worried about john bolton. they want to keep him in a bubble. >> they have been really worried about any witnesses which would seem to beg the question of why they're falling into line under the lie that the president did nothing wrong because if that were true, the white house would be begging for direct witnesses to exonerate president trump.
3:20 am
instead all along they've done everything they can to block them. that tells you where the truth s this is an attempt to continue the cover up. if they get forced to have witnesses they will try to hide it from the american people. >> and drag it out. it's the same thing as the overall rules here, joe, by saying the white house will exert executive privilege. they're saying if you want to hear from bolton there is going to be a fight that could be months long, susan collins. if you really want this to happen are you prepared to tell voters in maine that this will be three for months? >> yeah, and the flip side of this, though, is susan collins, cory gardner all have to face this, which is john bolton is writing a book. he is going to tell his story. they cannot seek an injunction against his book. my guess is most of this is not classified. so if you are a republican do you really want to take the short-term view of shutting this down and then two months later a book comes down with bombshell after bombshell, and the voters say, well, why didn't we hear
3:21 am
this when the president's trial was going on? so this is not a slam dunk for republicans and it's why we're sitting here at the start of the trial still wondering what these four republicans, five republicans are going to do. >> tying yourself to donald trump means not telling the truth is not a winning strategy in colorado or maine where those two senators are. if you are going to go down fighting would you go down fighting on behalf of your conscience in a way you will look back upon with employed or are you just going to sell out and sink as a result? >> rachel, beyond john bolton there is also this move even if they want other witnesses, even if they want -- mick mulvaney, this he decide they need to hear from him, from people in the room, explain how they would depose them first. >> yeah, that's exactly right. i mean, i think this notion that -- mcconnell knows what he's doing, he has run the senate for a long time, he knows his conference really well and there has sort of been talk
3:22 am
about how if this is going to happen people think that he is going to sort of bring people together and say, look, if we're going to do witnesses we need to keep it -- we need to do depositions, we need to close the room, keep people from seeing t this is what they did in 1999 with bill clinton, the difference then was that those -- the transcript of those closed-door depositions were released and pieces of those depositions were played on the senate floor as evidence was sort of presented to the public. the problem here is that obviously most republicans don't want more evidence out and so there would have to be a vote, it would have to be 51 senators that would have to vote to enter whatever they heard from these closed-door depositions into the record. that's just another hurdle that democrats will have to sort of surmount if they're going to show what john bolton said or what mick mulvaney said. this also goes the same for hunter biden, though. if they're going to do some sort of witness deal that also would be behind cloegsed doors.
3:23 am
so trump wants hunter biden in the witness seat, wants him testifying in public, it does go both ways on this. >> susan collins should listen to susan collins from 1998. she should ask herself what margaret chase smith would do. keep your integrity, i don't know why senators would do anything else, but that seems to be the way the winds are blowing. a dangerous moment for democr y democracy. >> the one other difference to add to what rachel said is in 1998, 1999 yes they brought three witnesses in, it was all agreed upon, all of those witnesses had testified at the grand jury. all of those witnesses' testimony from a secret grand jury was put in the starr report. and the democrats went along with this. let's bring this three witnesses, we will do it and the irony is monica lewinsky turned out to be a great witness for the democrats because she was prepared and she basically blew away the republican, you know, congressman ed bryan. you cannot compare 1999 with
3:24 am
now. this is a full blown presidential mitch mcconnell cover up. it has been from the beginning, they've done everything they can, they've gone to court to keep witnesses from testifying. we haven't seen a single document from the administration. you can't compare it. this is a cover up. >> and one thing as mad as the senators are today we won't really be hearing from them. this will be argued by the house managers and the president's defense team, which is fascinating. >> okay. friends, thank you very much. president trump is once again on the world stage as his presidency faces a major test. so what he's saying about impeachment as he addresses economic leaders at davos next. ♪ ♪
3:25 am
♪ well i'm standing here, looking at you, what do i see? ♪ there's a booking for every resolution . book yours at booking.com yeah, i've had some pretty prestigious jobs over the years. news producer. executive transport manager. and a beverage distribution supervisor. now i'm a director at a security software firm. wow, you've been at it a long time. the thing is, i like working. what if my retirement plan is i don't want to retire? then let's not create a retirement plan. let's create a plan for what's next. i like that. get a plan that's right for you. td ameritrade.
3:26 am
3:27 am
get a plan that's right for you. can you help keep these iguys protected online?? easy, connect to the xfi gateway. what about internet speeds that keep up with my gaming? let's hook you up with the fastest internet from xfinity. what about wireless data options for the family? of course, you can customize and save. can you save me from this conversation? that we can't do, but come in and see what we can do. we're here to make life simple. easy. awesome. ask. shop. discover. at your local xfinity store today.
3:28 am
i can worry about it, or doe. something about it. garlique helps maintain healthy cholesterol naturally, and it's odor-free, and pharmacist recommended. garlique at this hour president trump is in switzerland and just finished addressing the world economic forum. his impeachment trial is clearly on his mind.
3:29 am
cnn's jeremy diamond is live in davos with more. what's he saying, jeremy? >> reporter: alisyn, the president just wrapped up his remarks at the world economic forum. the president really did focus on the economy, that is typically the topic at hand here at the world economic forum. the president listing a series of statistics that he says shows that the u.s. economy is booming and benefitting from his own administration's policies, but this forum this year, alisyn, is focused on the climate crisis and the president did not shy away from that topic despite the fact that he is not very much on the same page as the organizers of this forum and the attendees. the president rather than talking about efforts to address climate change around the world the president touted the fact that the united states is now the number one producer of oil and natural gas and panned those who are touting the overwhelming science around climate change merely as alarmists and he compared them to doomsdayer's of
3:30 am
the past. that was a remarkable moment where we saw from the president where he hit this issue head-on despite the huge gap there is between him and the attendees here and most leaders in the developed world. but, alalisyn, hanging over the president's trip is impeachment. the trial set to begin in a few hours and the president despite being several thousand miles away it's clear it's still very much still on his mind. >> thank you very much, jeremy. >> always on his mind, we see that from twitter and everything else the president says. as mitch mcconnell pushes for a speedy acquittal of president trump with no witnesses a brand-new poll showing that a plurality of republicans actually want those witnesses. intriguing new numbers next. unpredictable crohn's symptoms following you? for adults with moderately to severely active crohn's disease, stelara® works differently. studies showed relief and remission, with dosing every 8 weeks. stelara® may lower your ability to fight infections
3:31 am
and may increase your risk of infections and cancer. some serious infections require hospitalization. before treatment, get tested for tb. tell your doctor if you have an infection or flu-like symptoms or sores, have had cancer, or develop new skin growths, or if anyone in your house needs or recently had a vaccine. alert your doctor of new or worsening problems, including headaches, seizures, confusion and vision problems. these may be signs of a rare, potentially fatal brain condition. some serious allergic reactions and lung inflammation can occur. talk to your doctor today, and learn how janssen can help you explore cost support options. remission can start with stelara®. explore cost support options. because the tempur-breeze™makes stransfers heat. away from your body. so you feel cool, night after night. and now tempur-pedic is ranked number one by jd power in customer satisfaction with retail mattresses.
3:32 am
3:33 am
3:34 am
in just a few hours president trump's impeachment trial will begin. and it begins with a fierce debate over the rules. there's also new revealing poll numbers. cnn national poll is just out and it finds that 51% of
3:35 am
americans support convicting and removing president trump from office. that is up from 45% in december. cnn's political director david chalian joins us to break down the numbers. give us the headlines, david. >> you saw in that chart, alisyn, it's back to where it was sort of in october and november. take a look at some of the demographic groups under this number. i think it's really interesting. take a look at this gender gap here. among women 59% think he should be removed from office, convicted or removed. only 42% of men think so. by the racial breakdown here, 86% of african-americans convict and remove. 65% of hispanic americans in this poll and 42% of white americans. there is an age divide also. if you are 45 years old or younger, 56% of those folks in this poll say he should be convicted and removed. if you are 45 and older, in this
3:36 am
poll 47% of those americans say president trump should be convicted an removed from ofd. >> the poll also asks about how people feel about hearing from witnesses. what's the answer? >> i think this is the most politically important point in this poll as we go into today. 69%, seven in ten americans in this poll say, yes, there should be witnesses in this trial even if they weren't part of the house process, only 26% say no. and this is critical. look at it by party, guys. take a look at republicans here, that bottom row, 48% of republicans believe witnesses should be part of the senate trial, 44% say no. that is a number that you're going to see chuck schumer try to use to ex act some political pressure on the four republicans he will be searching for to join with the democrats in some notes. >> you may hear it on "new day" next as we have the minority
3:37 am
leader. the trial might be about convincing four senators to call witnesses more than anything else, but what about the actual charges being brought against the president? what does america think about what the president is actually accused of? >> substantial majorities in this poll say, yes, it's true that he abused the power of his office. it is true that he obstructed congress. 58% say president trump abused the power of his office, 57% say he obstructed congress. you see that's even a bigger number than say he should be convicted and removed which means there are people who do not think he should be convicted and removed in this trial but do think he is guilty of doing what he is alleged of having done here. >> what are his approval ratings? >> rock solid as always. 43%. 53% disapproval. well within, right in that range that he has been for almost the entirety of his presidency. if you compare where donald trump is to all of his modern
3:38 am
era predecessors in the january of an election year you see that donald trump's 43% is at the bottom of that list. now, bill clinton at 46%, barack obama at 47%, they got reelected. so i'm not suggesting -- but it is true that donald trump has a mountain to climb here as he looks at this election year. >> these numbers are very, very interesting. we overlay them as to what -- in addition to what we will hear today particularly interesting, david. david chalian, thanks so much. so there will be a fierce debate over the rules proposed by mitch mcconnell for the senate trial. we're going to tell you exactly what to expect next. molly: my np spends a lot of time with me and gives me a lot of attention which led to my diagnosis. she initiated tests and found out what was wrong. she's treated both my children since they were born. bridgette: i feel that my np cares about me as a person and not just if i'm sick or not. molly: and i really love my nurse addition to what we will hear . i know that whenever i call, she'll be there for me. my name is molly and we choose nps.
3:39 am
np: consider an np. when patients choose, patients win. car vending machines and buying a car 100% online.vented now we've created a brand new way for you to sell your car. whether it's a year old or a few years old, we want to buy your car. so go to carvana and enter your license plate, answer a few questions, and our techno-wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot, and pick up your car. that's it. so ditch the old way of selling your car, and say hello to the new way-- at carvana. of course i'd love to take an informal poll. i used to be a little cranky. dealing with our finances really haunted me. thankfully, i got quickbooks, and a live bookkeeper's helping customize it for our business. (live bookkeeper) you're all set up! (janine) great! hey! you got the burnt marshmallow out! (delivery man) he slimed me.
3:40 am
(janine) tissue? (vo) get set up right with a live bookkeeper with intuit quickbooks. the easy way to a happier business.
3:41 am
3:42 am
the impeachment trial of president trump begins in earnest today in the senate with a huge debate over rules proposed by majority leader mitch mcconnell for the proceedings. let's take a look at how this will play out. we're joined by cnn legal analyst elie honing. this is going to be contentious, elie. >> it is. i brought a demonstrative exhibit. if this was a normal criminal trial this big fat book would
3:43 am
tell us everything we needed to know about how this would play out, i carried it around all my years as prosecutor, all the rules. >> explains the biceps. >> it does. >> we are in a different world now. we are in senate land, impeachment land. that's why we are hours away from this starting and we don't know exactly how it's going to go. we do know how it's going to go today. the senate will start in open session, what that means is that the lawyers will be making the arguments. the house impeachment managers and donald trump's impeachment defense team. all these senators, all these big names who are used to making big speeches they are going to have to sit there silently, no phones, it's going to be rough, but that's what viewers should expect. >> i will also note that the president's lawyers have known what mcconnell was going to propose for days whereas the house impeachment managers have not. >> mitch mcconnell told us total coordination. the big moment today is when we will have debate on the mcconnell resolution. this is the document that came out last night where majority
3:44 am
leader mitch mcconnell lays out how he wants the trial to go. after that two hours of debate on chuck schumer's resolution if he does not agree with mcconnell's. safe bet he won't. last night he called it a natural shame or something like that. >> mcconnell has the votes on his resolution. >> clearly. clearly. so chuck schumer will have to get in there and fight and fight for concessions. let's look at mitch mcconnell's resolution. this is how mitch mcconnell is suggesting we go about doing this. first of all, the house managers, people prosecuting the case, adam schiff and his team will have 24 hours split over two days to make their presentation, same time allotment for donald trump's attorneys. those are long days, 12 hours. when i did trials six, seven days -- six, seven hours your jury would start to get exhausted. 12 hours. >> has he explained why he wants such long days? i understand he wants this to get over with, but has he explained why he thinks they are
3:45 am
up to 12 hours a day. >> i think number one he wants to get it done quickly and number two he may want to drag this out and make it a difficult thing for people to watch. then the senators will question the parties, but again we are not going to see cory booker or lindsey graham rising in their seats to ask questions. they have to write them out, pass them up to the chief justice who reads the questions to the attorneys, they answer. that goes up to 16 hours, can be spread over more than one day. then we get to the key substantive issue where there is debate and then a vote on motions to subpoena witnesses. the first question is going to be are we going to have witnesses and documents at all? if that is a no, that's it, no additional witnesses and documents. if it ends up being a yes then any specific witnesses that they want to testify, we talked about john bolton before, has to first come in and testify in a deposition, that means behind closed doors, we the public will not see it, it will not be on tv, then the senate decides if
3:46 am
the witness takes that next step and testifies on the senate floor. i think the point is really to avoid unpleasant surprises. they don't want john bolton as rachael bade said before they don't want john bolton coming out and dropping bombshells in the well of the senate on national tv. finally the senate will vote whether to admit all the house evidence. >> how could they not? isn't that what the house was doing, gathering the evidence for the trial? >> it's a great question. i think it's a leveraging tool, a consolation prize. if the senate says no extra witnesses they will say, democrats, you get all the evidence that you put in in your house proceeding. but you're right, ultimately how could they not let that in? now, mitch mcconnell, chuck schumer not surprisingly they are not seeing eye to eye on this key issue of witnesses. take a quick listen. >> house democrats case cannot simultaneously be so robust that it was enough to impeach in the first place but also so weak that the senate needs to go
3:47 am
fishing. >> all we're asking is for the president's own men, his appointees, to come forward, tell their side of the story. >> both sides would want to call witnesses that they wanted to hear from. >> so who are some of those witnesses who could be in play? well, we know democrats are interested in hearing some of these senior officials, bolton, mulvaney, pompeo, michael duffey, lev parnas has entered the mix these last couple days and republicans have talked about wanting to subpoena hunter biden, joe biden, adam schiff, i doubt there is the votes there for that. i think that's likely posturing. the big very politically how will this balance of power play out? we have 53 republicans, essentially 47 democrats, two independents caucus with the democrats. magic number is four. will we see four of those republicans flip over and join the democrats? at threes these five have vugted
3:48 am
th suggested they might. >> we will hear from the president's lawyers. it's not often you get to hear from the defense first in making a case today. >> great point. >> great to have you with us. coming up next hour we will speak to senate minority leader chuck schumer about this battle over the rules for impeachment. what does he intend to do given that mitch mcconnell seems to have the votes to pass these rules today? and we're less than two weeks until the iowa caucuses and there is new tension between some of the democratic front runners. how with iowans feeling about all of this? that's next. with new nicorette coated ice mint. layered with flavor... it's the first and only coated nicotine lozenge. for an amazing taste... ...that outlasts your craving. new nicorette ice mint. i'm finding it hard to stay on a faster laptop could help. plus, tech support to stay worry free woory free.... boom! boom! get free business day shipping... ...at office depot, officemax and officedepot.com
3:49 am
because the tempur-breeze™makes stransfers heat. away from your body. so you feel cool, night after night. and now tempur-pedic is ranked number one by jd power in customer satisfaction with retail mattresses.
3:50 am
hurricanes. tornadoes. donald trump is making it worse. trump:"all of this with the global warming. a lot of it's a hoax." vo: mike bloomberg knows the science and understands the challenge, he's led an effort
3:51 am
that has shut down half the nation's dirty polluting coal plants so far. as president, a plan for 80% clean energy by 2028 - cutting carbon emissions and creating millions of clean energy jobs. mike will get it done. i'm mike bloomberg and i approve this message. rowithout the commission fees and account minimums. so, you can start investing wherever you are - even on the bus. download now and get your first stock on us. robinhood. and they're actually pulling out the minerals from the enamel. i like to recommend pronamel to my patients. pronamel will help push the minerals back into the enamel, to keep the enamel strong. i know it works. and i hear nothing but great things
3:52 am
from my patients that have switched to it. but one blows them all out of the water. hydro boost with hyaluronic acid to plump skin cells so it bounces back... neutrogena® and for body... hydro boost body gel cream. joe biden is a friend and i've known him for many, many years. he is a decent guy. joe and i have strong disagreements on a number of issues and we will argue those disagreements out, but it is absolutely not my view that joe is corrupt in any way and i'm sorry that that op-ed appeared.
3:53 am
>> that was bernie sanders apologizing to joe biden after one of the sanders campaign surrogates wrote an op-ed accusing the former vice president of having a, quote, big corruption problem. how is this feud and others may go in iowa with less than two weeks until the caucuses. joining us now is robert leonard, a news director at an iowa radio station and contributor for the into, times. great to have you here, i've read your op-ed with great interest about how all of this is playing with iowans. first those squabbles, are iowans taking note of the tension between some of the democrats? >> yes, a little bit, but it's not going to be that big of an issue. iowans are starting to align behind the candidates that they like. a lot of this is just white noise for them. they're just trying to figure out who they're going to support. >> okay. let's talk about how they are going to support because you have been to countless events,
3:54 am
you have your finger on the pulse, you've been studying this. you wrote in one of your op-eds you said we don't care about biden's electability, we want excitement. what does that look like to iowans? >> well, there is a lot of excitement, there is a lot of energy and a lot of it behind mayor pete, elizabeth warren, bernie sanders. i'm starting to see a little bit more more joe biden. this whole electability argument left sort of a sour taste for a lot of iowa democrats because we want to get behind people we believe in, they need to get us out on caucus night and the ee leblt ability and polling is not going to get people out on caucus night, people you believe in, people you want to get behind get people out on caucus night. >> sounds like you have not seen a lot of enthusiasm for joe biden. you wrote in an op-ed on january 13th on caucus night given the soft support i see if the weather is bad, mr. biden's supporters might not come out.
3:55 am
it might also depend on what's on tv. the hallmark channel might be reairing a classic. for the other class dads if their supporters walked outside, slip on the ice and broke a leg they would crawl through the snow and ice to caucus. ouch. so why aren't people excited about joe biden? >> well, people -- iowa democrats deeply respect joe biden. when he announced that he was running for president there was sort of a collective grown amongst democrats because they really like the diverse set of candidates that they already had and that joe biden entering the race and bernie sanders entering the race also sort of took the life out of it with a great diverse set of candidates, it was like we were looking at the past rather than the future. so there was never a lot of enthusiasm at the beginning and i see it starting to build now, but there's not the enthusiasm
3:56 am
that i see. there was a good event for joe biden over the weekend, there was some enthusiasm starting to build there, but i just don't see it. there is the ground game, the energy, the excitement at a pete buttigieg event yesterday, there were over 300 people in a very conservative town of pella and there was a lot of excitement. bernie sanders supporters are excited. we will see. i don't think the polls matter. it's just who turns out. >> well, for sure. you are so right about that, but because you have been, you know, immersed in all of this for all of these months, who do you think is going to win iowa? >> well, i think that what we need to do is not talk about who is going to win iowa. i think that we've winnowed the field. we have had 25 or 26 candidates and i think that normally they say, well, people are interested in the winner and interested in the three tickets out of iowa. i think that there are five or
3:57 am
six tickets out of iowa and we should change the narrative. there's a lot of good people in, let's let the other states have their say. >> but quickly, i mean, in terms -- >> i know that's not what you want to hear. >> correct, it isn't. but in terms of the most enthusiasm, can you narrow it down to two for us of what you've seen? >> i can narrow it to three and it's elizabeth warren, pete buttigieg, it's bernie sanders and amy klobuchar is starting to gain some traction here, too. >> okay. really interesting. >> andrew yang has some great supporters too. >> i did read that you said that. you think there is a lot of enthusiasm for andrew yang and also said there had been for cory booker and kamala harris and that that's a loss, that they are no longer in. okay. well, robert leonard, we will wait to see what happens in iowa. thank you very much for your take on all of this. john? >> the first rule of iowa fight
3:58 am
club is you don't talk about iowa fight club. >> i guess not. the comics taking jabs at the president's legal team before the opening arguments. here are your late night laughs. >> the white house submitted a legal brief this afternoon asking the senate to throw out the impeachment charges against president trump. they are arguing that you can't throw someone out of office if he's never in it. >> constitutional law scholar laurence tribe says the argument that only criminal offenses are impeachable has died a thousand deaths in the writings ever all the experts on the stubt but it staggers on like a vengeful zombie. look, larry, you may not agree with the president's allies but i think that the term vengeful zombies is a little, oh, oh -- on the nose. >> for the first time in 160 years "the new york times" decided to endorse two
3:59 am
candidates, which seems like a cop out. you are only supposed to make one endorsement, that's how it works. you never saw lebron ad where he was like to quench my thirst i choose sprite or water, whichever one, you choose. >> many people made that comment, it takes two women to get one endorsement. >> yeah? >> uh-huh. see what i'm saying? >> i hear you. a big battle over the rults for the senate impeachment trial. "new day" continues right now. >> senate majority leader mitch mcconnell released his rules proposal for the impeachment trial of president trump. >> we will push through that and have that motion to dismiss and get through this national nightmare as fast as possible. >> it's clear mcconnell is hellbent on making it much more difficult to get witnesses and documents and intent on rushing the trial through. >> i don't know how you could go any faster while still allowing the participants time to sleep and to eat. >> it's not the senate's job to mop up the mess of the house. they didn't make the case because there was no crime. >> this is the most important
4:00 am
moment for the republican party since the ken sure of joe mccarthy. >> announcer: this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the united states and all around the world. this is new day and it is a big day. this is the effective beginning of the trial of president donald j. trump and it is expected to be wildly contentious. the first order of business will be a debate over the rules proposed by senate majority leader mitch mcconnell. rules that seem designed to speed the acquittal of president trump, that could come as soon as next week. rules that keep all the evidence collected by the house of representatives completely out of the trial, at least for now. rules that are decidedly not the clinton model despite the promise from mitch mcconnell to stick to the process used with bill clinton's impeachment 21 years ago. >> minority leader chuck schumer sounds

120 Views

info Stream Only

Uploaded by TV Archive on