Impeachment trial of President Trump

By Meg Wagner, Mike Hayes and Veronica Rocha, CNN

Updated 8:40 a.m. ET, January 21, 2020
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11:10 a.m. ET, January 17, 2020

These 3 lawyers are expected to be on Trump's legal team

From CNN's Kaitlan Collins and Pamela Brown

Left to right: Robert Ray, Kenneth Starr and Alan Dershowitz
Left to right: Robert Ray, Kenneth Starr and Alan Dershowitz Getty Images

President Trump plans to add three seasoned lawyers to his legal defense team, people familiar with the matter said, including Kenneth Starr, the hard-charging prosecutor whose work led to the country’s last impeachment trial.

The list also includes Alan Dershowitz, the constitutional lawyer, and Robert Ray, Starr’s successor at the Office of Independent Counsel during the Clinton administration.

The three are expected to join a legal team headed by White House counsel Pat Cipollone and outside attorney Jay Sekulow, who are still expected to deliver statements on the President’s behalf on the Senate floor.

Starr and Ray are expected to play a constitutional and historic role during the proceedings to support Cippolone and Sekulow. 

Trump has relied on Dershowitz for advice throughout the Mueller investigation and during his impeachment. The two have been in discussions about Dershowitz joining for several weeks and he is now slated to join, though it’s unclear when it will be announced. 

Officials have been hesitant to speak about who they are adding to the legal team after a botched attempt to hire Trey Gowdy last fall. Gowdy became the new face of Trump’s impeachment defense team for only a matter of hours before Trump said federal lobbying rules wouldn’t allow him to begin until January. He has continued to speak to Gowdy privately about the situation. 

Given what happened then, a source cautioned the situation is fluid and not final until announced. 

Dershowitz declined to comment to CNN. 

9:28 a.m. ET, January 17, 2020

Schumer: "No witnesses would be a dramatic break with precedent"

From CNN's Alex Rogers, Laurie Ure and Manu Raju

Andrew Burton/Getty Images
Andrew Burton/Getty Images

Senate Democratic leader Chuck Schumer said Lev Parnas’ allegations and the Government Accountability Office's report “strengthen our push” for witnesses and documents in the Senate trial.

He added that “no witnesses would be a dramatic break with precedent.” 

During a news conference, Schumer said he expects votes on Tuesday to try to force Republicans to take a position on witnesses. But he said he won’t know for sure until he sees Senate Majority Leader Mitch McConnell’s organizing resolution. 

About Parnas and the report: Parnas, the Soviet-born businessman whose work in Ukraine with President Trump's personal attorney Rudy Giuliani stands at the center of the impeachment inquiry, implicated the President Wednesday in an interview with CNN in which he said that their efforts were "all about 2020" and not about working in the interest of the United States.

Earlier today, the GAO said the Trump administration broke the law when it withheld US security aid to Ukraine last year that had been appropriated by Congress, a decision that's at the heart of the House's impeachment case against Trump.

The GAO, a nonpartisan congressional watchdog, said in a decision that the White House budget office violated the Impoundment Control Act, a 1974 law that limits the White House from withholding funds that Congress has appropriated.

8:57 a.m. ET, January 17, 2020

What we still don't know about how the Senate trial will work

The Senate impeachment trial of President Trump officially began yesterday as the senators, who will serve as jurors, were sworn in. The trial will begin in earnest on Tuesday, when arguments begin.

The Senate is likely to take up a resolution setting the rules of the trial on Tuesday. Until then, we're not exactly sure how many aspects of the trial will play out.

Here are three key questions we still don't have answers to:

  • How long will the trial be? There's no time limit on how long an impeachment trial can run. Bill Clinton's started on Jan. 7, 1999 and ended with his acquittal on Feb. 12, 1999 — almost five weeks later.
  • Will there be witnesses? This question has divided the parties: Democrats wanted a deal up front, before the trial even began, to hear from witnesses, but Senate Majority Leader Mitch McConnell said the matter should be dealt with later after opening statements.
  • How will evidence be handled? The initial evidentiary record will be submitted by the House managers and admitted into the record once the trial begins. But if more evidence emerges during the trial, it's an open open question about whether that would be allowed to be presented. 
8:42 a.m. ET, January 17, 2020

Here are some of the rules senators must follow during the trial

The Senate has drafted a document on decorum guidelines for the impeachment trial, including rules that senators — who will be serving as jurors — must follow.

John Roberts, the chief justice of the Supreme Court, will preside over the trial, and senators have been told they must be in attendance for all proceedings.

Here are a few of the rules mentioned in the guidelines:

  • They must be quiet: "Members should refrain from speaking to neighboring senators while the case is being presented."
  • They can't have their phones: "No use of phones or electronic devices will be allowed in the Chamber."
  • They have to call Roberts by this title: During the course of the proceedings the Chief Justice should be referred to as "Mr. Chief Justice."
  • When they vote, they must stand: "Should votes be required during the proceedings, Senators will stand and vote from their seats."

8:17 a.m. ET, January 17, 2020

The Senate is in recess until Tuesday

A day after senators were sworn in for President Trump's impeachment trial, the chamber is in recess.

They'll be out Monday, too, for Martin Luther King Jr. Day. They're scheduled to come back at 1 p.m. ET on Tuesday, when arguments in the trial are expected to begin.

8:03 a.m. ET, January 17, 2020

What the next few days of the impeachment trial will look like

Chip Somodevilla/Getty Images
Chip Somodevilla/Getty Images

Majority Leader Mitch McConnell discussed the schedule for the impeachment trial of President Trump yesterday afternoon.

McConnell provided the deadlines for briefs that can be filed on behalf of the President and House.

  • Tomorrow, by 5 p.m. ET: The House of Representatives can file a trial brief with the secretary of the Senate before this date and time.
  • Monday, by noon: Deadline for when the President can file a trial brief.
  • Tuesday, by noon: Deadline for the House to file a rebuttal brief.

"I ask unanimous consent that in recognition of the unique requirements raised by the impeachment trial of Donald John Trump, President of the United States, the sergeant of arms shall install appropriate equipment and furniture in the Senate chamber during all times that the senate is sitting for trial with the chief justice of the United States presiding," McConnell said.

The Senate has adjourned until 1 p.m. ET Tuesday, when the formal trial will begin.

7:51 a.m. ET, January 17, 2020

Keep an eye on these 8 senators during the impeachment trial

Analysis by CNN's Chris Cillizza

While the ultimate outcome of the impeachment trial seems predetermined — it's very hard to see 67 senators voting for President Trump's removal — that doesn't mean the way we get from here to there doesn't matter and won't be potentially politically consequential.

While 67 votes are necessary to remove Trump, the rules governing the proceedings — including on the question of whether witnesses should be called — are determined by a simple majority. Which means that any coalition of 51 senators can overrule the wishes of Senate Majority Leader Mitch McConnell and, by extension, Trump.

With that in mind, here's a look at eight senators to keep an eye on as the trial wears on:

  • Lamar Alexander, a Republican from Tennessee
  • Susan Collins, a Republican from Maine
  • Joni Ernst, a Republican from Iowa 
  • Cory Gardner, a Republican from Colorado
  • Doug Jones, a Democrat from Alabama
  • Martha McSally, a Republican from Arizona
  • Lisa Murkowski, a Republican from Alaska
  • Mitt Romney, a Republican from Utah