Senate Democrats may be opening up to the idea of extending former President Donald Trump’s historic second impeachment trial and calling witnesses as new details emerge of events surrounding the siege of Congress.
As it stands now, the Senate is expected to vote on whether to convict the 45th president on Sunday. A two-thirds vote is needed to convict; if that passes, only a simple majority is needed in a vote to bar Trump from seeking federal office again.
A report from CNN published Friday evening, offering fresh details about a contentious call between Trump and House Minority Leader Kevin McCarthy on the day of the riot, led at least one Senate Democrat to say he and his colleagues would support extending the proceedings if House impeachment managers indicated a desire for it.
“If they make a decision to call witnesses, obviously, we would welcome that,” Sen. Chris Van Hollen of Maryland said on MSNBC.
“If they make a decision to call witnesses, obviously we would welcome that,” says Sen. Van Hollen on whether House managers should call witnesses in the wake of the reporting on McCarthy’s call with Trump. pic.twitter.com/XkHtPuQ0hu
— All In with Chris Hayes (@allinwithchris) February 13, 2021
This signals a shift in sentiment on a day in which Trump’s defense made its case and a question-and-answer session came to a close. Democratic senators, echoing their GOP colleagues, said on Thursday that they had no appetite for witnesses and possibly stretching the trial into a weekslong affair. The Senate, which is split 50-50 between Republicans and Democratic caucus members, requires a simple majority vote to call witnesses. Any tie could be broken by Vice President Kamala Harris.
Ten Republicans joined with Democrats to impeach Trump on a single article of impeachment last month. He is accused of inciting an insurrection in connection to the Jan. 6 U.S. Capitol riot. The attack happened as senators counted electoral votes in an effort to affirm President Biden’s victory, which Trump was contesting at the time on claims of widespread voter fraud that did not pan out in court. Before the trial began on Tuesday, House impeachment managers requested Trump testify, but his legal team declined.
The CNN report, in which Trump is quoted as saying the rioters are more “upset” about the election results than McCarthy and refusing to urge his supporters to leave the Capitol quickly, is sourced by multiple Republican members of Congress briefed on the call.
Rep. Jaime Herrera Beutler of Washington, a Republican who voted in favor of impeaching Trump, also released a statement reaffirming details of that call. “To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time,” she added.
— Jaime Herrera Beutler (@HerreraBeutler) February 13, 2021
Among those who could be called to testify as witnesses are former Vice President Mike Pence, who was evacuated by Secret Service during the attack on the Capitol, a chilling moment that was the subject of questions on Friday about whether Trump knew Pence was in danger when he tweeted that afternoon that his vice president lacked “courage” for not trying to stop Biden’s victory. Lawmakers could be called too, including McCarthy and Sen. Tommy Tuberville, an Alabama Republican who insists he informed Trump of Pence’s evacuation from the Senate chamber during the riot on the afternoon of Jan. 6. Tuberville’s account, which Trump’s lawyer dismissed as “hearsay,” indicates that Trump likely knew of Pence’s situation before tweeting that his vice president didn’t have the “courage” to challenge the election results.
“One way to clear it up? Suspend trial to depose McCarthy and Tuberville under oath and get facts. Ask Secret Service to produce for review comms back to White House re VP Pence safety during siege. What did Trump know, and when did he know it?” tweeted Sen. Sheldon Whitehouse, a Democrat from Rhode Island.
The trial is set to resume at 10 a.m. on Saturday, and up to four hours can be used to consider whether to subpoena witnesses and documents. If there is no successful vote, closing arguments will ensue, after which a vote on conviction could happen as soon as Saturday afternoon.
