The latest on the Biden presidency and Trump impeachment trial

By Meg Wagner, Melissa Macaya, Mike Hayes and Veronica Rocha, CNN

Updated 12:27 AM ET, Tue January 26, 2021
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12:31 p.m. ET, January 25, 2021

Chief Justice John Roberts won’t preside over the Senate impeachment trial

From CNN's Manu Raju and Joan Biskupic

Chief Justice John Roberts leads the US Supreme Court Justices as they arrive in the Crypt of the US Capitol for President-elect Joe Biden's inauguration ceremony on Wednesday, Jan. 20, 2021 in Washington.
Chief Justice John Roberts leads the US Supreme Court Justices as they arrive in the Crypt of the US Capitol for President-elect Joe Biden's inauguration ceremony on Wednesday, Jan. 20, 2021 in Washington. Jim Lo Scalzo/Pool/AP

Sen. Patrick Leahy, a Democrat from Vermont and the President pro tempore of the Senate, is expected to preside in the impeachment trial, according to two sources familiar with the matter, not Chief Justice John Roberts.

Senators preside when the person facing trial isn't the current president of the United States, one source said. 

The article of impeachment against President Trump will be delivered around 7 p.m. ET today when House managers walk it over to the Senate chamber. The Senate trial is set to begin Feb. 9.

12:46 p.m. ET, January 25, 2021

Department of Justice inspector general announces investigation into 2020 presidential election

From CNN's Jessica Schneider

Department of Justice Inspector General Michael Horowitz at the US Capitol on December 18, 2019 in Washington, DC. 
Department of Justice Inspector General Michael Horowitz at the US Capitol on December 18, 2019 in Washington, DC.  Samuel Corum/Getty Images

Department of Justice Inspector General Michael E. Horowitz on Monday announced that the Office of the Inspector General (OIG) is initiating “an investigation into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election,” according to a release.

The Office of the Inspector General said they were making this statement, consistent with DOJ policy, "to reassure the public that an appropriate agency is investigating the allegations."

The probe comes on the heels of reports last week from The New York Times and The Wall Street Journal that former President Donald Trump attempted to use his Justice Department to challenge the election results, an effort that included the possibility of Trump ousting then-acting Attorney General Jeffrey Rosen.

The Times said in a report published Friday that Jeffrey Clark, a lawyer for the DOJ, nearly convinced Trump earlier this month to remove Rosen and use the department to undo Georgia's election results.

Clark  — who appealed to the former President's false claims of election fraud  — met with Trump earlier in January and told Rosen following the meeting that the then-President was going to replace him with Clark. Clark would then move to keep Congress from certifying the election results in Biden's favor, according to the paper.

Rosen demanded to hear the news straight from Trump, the Times said, and arranged a meeting on the evening of Jan. 3  — the same day that Trump's call with Georgia Secretary of State Brad Raffensperger, in which Trump pressured the state official to find enough votes for him to win Georgia, came to light.

Senate Majority Leader Chuck Schumer called for Horowitz to launch a probe on Saturday, writing in a tweet that it was "unconscionable a Trump Justice Department leader would conspire to subvert the people's will."

 

11:25 a.m. ET, January 25, 2021

Despite calls for bipartisanship, here's why Biden's Covid-19 relief package will likely face hurdles 

From CNN's Lauren Fox

US President Joe Biden speaks about the Covid-19 response before signing executive orders in the State Dining Room of the White House in Washington, DC, on January 21, 2021.
US President Joe Biden speaks about the Covid-19 response before signing executive orders in the State Dining Room of the White House in Washington, DC, on January 21, 2021. Mandel Ngan/AFP/Getty Images

Less than a week into his new administration, President Biden's promise of restoring bipartisanship is going to face even more hurdles as Republicans are signaling they have little interest in taking up his first legislative priority: another massive Covid-19 relief bill.

Multiple aides CNN spoke with made it clear that Sunday's call between a group of bipartisan senators and National Economic Council Director Brian Deese, Jeff Zients and Louisa Terrell was a good first step, but there is still broad disagreement about the overall price tag of this stimulus package and what's actually needed.

Everyone acknowledges more money for testing and vaccines is essential. But a $15 minimum wage? Billions in state and local funding? $1,400 stimulus checks? Multiple aides told CNN that senators on both sides argued they needed more data as to why nearly $2 trillion was the right choice.

They just passed a more than $900 billion package a month ago. One Republican aide told CNN that it wasn't just Republicans balking at that number, but that some of the Democrats on the call were also "cool" on spending so much. Checks, they argued, needed to be more targeted. If a fight over a stimulus bill's price tag sounds familiar, it's because it is. The cost of last stimulus plan bedeviled Republicans and Democrats for six months the last time Congress attempted this.

All you need to know: After the meeting, Sen. Susan Collins, a Republican from Maine who is broadly viewed as one of the most "gettable" Republican senators are on this package released a statement to CNN saying "It seems premature to be considering a package of this size and scope."

In other words: If Biden and his team want this to be done quickly, they might have to pull the plug on their goal of getting 10 Republicans to sign on and move (AKA as soon as the next week or two) to the next step: a procedural budget maneuver that would only require 51 votes.

1:45 p.m. ET, January 25, 2021

Biden is kicking off his first full week in office. Here's a look at Biden and Harris' schedule today. 

President Joe Biden signs executive orders on the economy in the State Dining Room of the White House, Friday, Jan. 22, 2021, in Washington. Vice President Kamala Harris looks on at left.
President Joe Biden signs executive orders on the economy in the State Dining Room of the White House, Friday, Jan. 22, 2021, in Washington. Vice President Kamala Harris looks on at left. Evan Vucci/AP

President Biden begins his first full week in office today, and is preparing to sign another round of executive actions aimed at targeting key priorities of his administration and further undo the policies of former President Trump.

Here's a look at key events that will be open to the press today:

  • 11:30 a.m. ET: Biden will meet with Vice President Harris, Secretary of Defense Lloyd Austin, and the Chairman of the Joint Chiefs of Staff in the Oval Office.
  • 12:30 p.m. ET: Harris will ceremonially swear in retired Gen. Lloyd Austin as secretary of defense in the Roosevelt Room. Austin will become the first African American to run the department.
  • 1 p.m. ET: press secretary Jen Psaki will hold a White House press briefing.
  • 3:45pmET: Biden delivers remarks on American manufacturing and will sign an executive order aimed at strengthening the federal government's Buy American rules. Harris is also expected to attend.
10:12 a.m. ET, January 25, 2021

Where things stand in Trump's impeachment trial as Senate prepares to receive impeachment article

From CNN's Clare Foran and Lauren Fox

Senate Majority Leader Chuck Schumer of N.Y, takes the elevator in the U.S. Capitol, Friday, Jan. 22, 2021, in Washington. 
Senate Majority Leader Chuck Schumer of N.Y, takes the elevator in the U.S. Capitol, Friday, Jan. 22, 2021, in Washington.  Manuel Balce Ceneta/AP

The Senate will in the coming weeks begin an impeachment trial to decide whether to convict former President Trump for inciting an insurrection at the Capitol, but Democrats will have time before it gets underway to confirm more Cabinet nominees to help the Biden administration get up and running.

The House will send the article of impeachment to the Senate today. That would typically trigger a process for a trial to start the next day, but Senate Majority Leader Chuck Schumer announced Friday evening that instead the trial will begin the week of February 8.

Here are key things to know about where things stand in the trial:

  • What you'll see today on impeachment: The article of impeachment will be delivered around 7 p.m. ET on Monday when House managers walk it over to the Senate chamber. Senators will be sworn in Tuesday and then there will be about a two-week break until the focus is back on impeachment. In the meantime, Democrats are going to be fighting to confirm as many of Biden's nominations as possible. They'll also have to decide soon about how to proceed with the organizing resolution that has been stalled for a week.
  • Democrats and Republicans both had incentives to push back trial: There were incentives on both sides to push back the start of the trial. Biden suggested earlier in the day on Friday that it could be helpful to his administration to have more time prior to the start of a trial. "The more time we have to get up and running and meet these crises, the better," he said. Senate GOP Leader Mitch McConnell, meanwhile, has proposed that the Senate give Trump's legal team two weeks to prepare for a trial once the Senate receives the article and delay its start until mid-February. A later start date will mean more time for Democrats to confirm Cabinet officials and will allow more time for preparations for the former President's legal defense.
  • Republicans signal acquittal is likely: A number of Republicans have been sharply critical about the proceedings — and have already made clear that they see virtually no chance that at least 17 Republicans would join with 50 Democrats to convict Trump and also bar him from ever running from office again. The GOP arguments are now coming into sharper focus, claiming the proceedings are unconstitutional to try a former President and contending that the trial is moving on too short of a time frame to give due process to Trump, claims that Democrats resoundingly reject.
  • What we know about Trump's legal team: It's not yet clear exactly what defense will be presented on the former President's behalf, but it appears Trump now has at least one lawyer for the trial. Trump's campaign spokesperson, Jason Miller, confirmed on Twitter on Thursday that South Carolina lawyer Butch Bowers will represent Trump at his impeachment trial. "Excited to announce that Columbia, SC-based Butch Bowers has joined President Trump's legal team. Butch is well respected by both Republicans and Democrats and will do an excellent job defending President Trump," Miller tweeted.
9:13 a.m. ET, January 25, 2021

Biden is expected to lift Trump's military transgender ban as early as today

From CNN's Arlette Saenz 

Activists participate in a rally against the Trump administration's transgender military ban in Washington, D.C., on April 10, 2019.
Activists participate in a rally against the Trump administration's transgender military ban in Washington, D.C., on April 10, 2019. Alex Wong/Getty Images

The White House is expected to repeal former President Trump's ban on transgender individuals serving in the military as early as Monday, according to a source familiar with the plans.

The policy, which has been roundly derided by LGBTQ activists as cruel and irrational, was first announced by Trump in July 2017 via Twitter. The ban specifically blocks people who have been diagnosed with a condition known as gender dysphoria from serving with limited exceptions. It also specifies that people without the condition can serve, but only if they do so according to the sex they were assigned at birth.

The White House declined to comment on the plans. White House press secretary Jen Psaki had said in a statement last week that the administration would lift the ban through an executive action in the early days or weeks of Biden's presidency.

CBS News was first to report the expected repeal coming Monday.

Biden is set to meet with Defense Secretary Lloyd Austin, who was confirmed Friday, at the White House this morning alongside the Chairman of the Joint Chiefs of Staff.

Some more background on the ban: While Trump had argued that transgender troops in the military would lead to "tremendous medical costs and disruption," a 2016 Rand Corp. study commissioned by the Defense Department concluded that letting transgender people serve openly would have a "minimal impact" on readiness and health care costs.

Trump's decision reversed a policy initially approved by the Defense Department under former President Barack Obama, which was still under final review, that would have allowed transgender individuals to openly serve in the military.

The Trump administration for years had reversed, dropped, removed and withdrawn established LGBTQ protections and had been particularly hostile toward transgender Americans.

8:43 a.m. ET, January 25, 2021

Biden plans to sign a new wave of executive orders this week. Here's what to expect.

 Analysis from CNN's Paul LeBlanc

President Biden signs an executive order during an event on economic crisis at the White House in Washington, DC on January 22.
President Biden signs an executive order during an event on economic crisis at the White House in Washington, DC on January 22. Alex Wong/Getty Image

President Biden is planning a new wave of executive orders and actions this week as he looks to further dismantle many of former President Donald Trump's policies and address a slate of Democratic priorities as quickly as he can.

The planned moves, which were outlined in a draft calendar document viewed by CNN, allow Biden to set his agenda into motion while his administration continues the plodding work of coordinating with Congress on more ambitious policy goals, like a new Covid-19 relief package.

While the orders and timing are subject to change, here's a rundown of the executive steps Biden is expected to take this week:

Monday

Billed as "Buy American" day, Biden is expected to sign one executive order directing agencies to "strengthen requirements for procuring goods and services from sources that will support US businesses and workers."

Tuesday

Tuesday focuses on equity, with a list of executive orders that will:

  • Create a policing commission and reinstate Obama-era policy on the transfer of military-style equipment to local law enforcement.
  • Establish steps to improve prison conditions and eliminate the use of private prisons.
  • Formally disavow discrimination against the Asian American and Pacific Islander community, which, the document says, comes "particularly in light of rhetoric around the Covid-19 pandemic."

Biden also plans to sign a memorandum directing Housing and Urban Development to take steps to promote equitable housing politics.

Wednesday

The climate crisis will come into view on Wednesday with an executive order initiating regulatory actions to "combat climate change domestically and elevates climate change as a national security priority," along with the re-establishment of the President's Council of Advisors on Science and Technology.

Biden is also due to sign a a memorandum on scientific integrity.

Thursday

Health care is set be the the theme on Thursday with Biden set to rescind the Mexico City Policy and review the Title X Domestic Gag Rule. There may also be an executive action on Medicaid, as well as the initiation of open enrollment under the Affordable Care Act.

Friday

Finally, Biden is expected to center on immigration on Friday with executive orders on regional migration and border processing, the US refugee policy and the establishment of a family reunification task force, as well as an executive order directing immediate review of the Public Charge Rule.

Read more here.

8:27 a.m. ET, January 25, 2021

House impeachment managers will walk the impeachment article to the Senate today

From CNN's Jeremy Herb, Manu Raju and Clare Foran, 

The second Senate impeachment trial of former President Trump is scheduled to begin on Feb. 9 after Senate leaders reached a deal to push it back, giving Trump's legal team more time to prepare and Senate Democrats a chance to consider Covid-19 legislation and to confirm President Joe Biden's Cabinet.

House Democrats will formally walk over the single article of impeachment against Trump to the Senate on today, but the agreement between Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell will push back the substance of the trial until February. Without an agreement, the trial would have started the afternoon after the article was transmitted to the Senate.

"We have made good progress in our efforts to determine the timing and structure of the impeachment trial of Donald J Trump," Schumer said Friday evening announcing the trial schedule, saying it would begin the week of Feb. 8.

Under the agreement, the ceremonial functions of the trial will occur this week, with the articles being presented on Monday and senators being sworn in as jurors on Tuesday. Then the trial will pause, while the House impeachment managers and Trump's legal team exchange pre-trial briefs for two weeks. The final briefs would be due on Feb. 9, allowing the trial itself to begin.

A delay to the impeachment trial also makes sense for Democrats because the trial had threatened to stall the confirmation of Biden's Cabinet, as well as put a stop to any consideration of another Covid stimulus package, as Senate Republicans said Friday they would not allow the Senate to confirm nominees at the same time the trial is going on.

The trial's timing had been one of several logistical hurdles the Senate is tackling amid broader negotiations between Schumer and McConnell over how the 50-50 Senate will be governed.

Some more background: McConnell had proposed delaying the trial until early February, arguing that Trump's legal team should be given ample time to prepare after the House's swift impeachment of Trump for "incitement of insurrection" earlier this month.

The timeline Schumer announced Friday evening is one week earlier that what McConnell had proposed, but the Kentucky Republican's team praised the agreement Friday. "This is a win for due process and fairness," said McConnell spokesperson Doug Andres.

8:34 a.m. ET, January 25, 2021

Biden replaces controversial White House physician

From CNN's Kaitlan Collins and Kevin Liptak

President Biden has replaced the controversial White House physician who offered misleading information about former President Trump’s coronavirus diagnosis last fall.

A White House official said Biden had selected Dr. Kevin O’Connor to replace Dr. Sean Conley as his doctor. It’s not uncommon for a president to name his own physician when taking office, though his two most recent predecessors each retained the incumbent doctor who had attended the men who served before them.

Dr. Sean Conley waits to answer questions during an update on the condition of then-President Trump, on October 4, 2020, at Walter Reed Medical Center in Bethesda, Maryland.
Dr. Sean Conley waits to answer questions during an update on the condition of then-President Trump, on October 4, 2020, at Walter Reed Medical Center in Bethesda, Maryland. Brendan Smialowski /AFP/Getty Images

Conley generated controversy in the fall when he admitted to offering rosy descriptions of Trump’s condition because the White House wanted to project optimism. In reality, Trump suffered serious conditions like shortness of breath that required supplemental oxygen.

Biden has a long history with O’Connor, who served as his physician while Vice President.