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Frank Thorp V and Kyle Stewart

6d ago / 4:32 AM UTC

If that short break was used to try to reach a deal to move the proceedings along, it appears it didn't work.

McConnell resumed the trial, and then Schumer immediately introduced his fifth amendment, which seeks to subpoena certain Defense Departmentdocuments and records.

They will go into up to two hours of debate on the amendment. Several senators looked tired an hour ago, as Jeffries made the case for why Mulvaney should be called as a witness.

As Jeffries spoke, some senators appeared to be eating snacks. A few chatted quietly. Most watched the screens as the videos were played, although a few looked around the room and up at the galleries.

As the clock approached 9 p.m., a few senators rested their heads against their hands as they sat listening, and Senate pages walked through the room refilling water glasses.

Frank Thorp V and Liz Johnstone

6d ago / 4:38 AM UTC

The fourth Schumer amendment, to call Mulvaney as a witness, was defeated along party lines, 53-47 just like the previous three.

McConnell, after remarking that he had observed a "certain similarity of all of these amendments," asked Schumer whether he would be willing to stack the votes on the remaining Democratic amendments into one to speed the evening along. Schumer did not agree and told him he would be willing to hold amendment votes Wednesday if senators wanted to go home now.

"The bottom line is verysimple," Schumer said. "As has been clear toevery senator in the country: Webelieve witnesses anddocuments are extremelyimportant and a compelling casehas been made for them.We will have votes on all ofthose.We will also the leader, without consulting us made changes, a number of significant changes thatsignificantly deviated from the1999 Clinton resolution.We want to change those.So there will be a good numberof votes."

McConnell put the trial into a quorum call, or a break but moments later, the trial resumed with the reading of Schumer amendment No. 5 into the record.

Rebecca Shabad

6d ago / 2:25 AM UTC

Rep. Hakeem Jeffries, D-N.Y., one of the seven House managers and the chairman of the House Democratic Caucus, argued in favor of the Democratic amendment that calls for a subpoena of acting White House chief of staff Mick Mulvaney.

Mulvaney, who also leads the Office of Management and Budget, played a key role in the president's efforts to freeze nearly $400 million in U.S. security assistance to Ukraine and withhold a White House meeting.

"Based on the extensive evidence that the House did obtain, it is clear that Mulvaney was crucial in planning the scheme, executing its implementation and carrying out the cover-up," said Jeffries.

"Emails and witness testimony show that Mr. Mulvaney was 'in the loop' on the president's decision to explicitly condition a White House meeting on Ukraine's announcement of investigations beneficial to the president's re-election prospects," he added. "He was closely involved in implementing the president's hold on a security assistance, and subsequently admitted that the funds were being withheld to put pressure on Ukraine."

Mulvaney is one of four witnesses that Senate Minority Leader Chuck Schumer, D-N.Y., would like the Senate to subpoena. The House issued a subpoena compelling Mulvaney's testimony during the impeachment inquiry last year but he defied it at the direction of the White House.

Jonathan Allen

6d ago / 2:10 AM UTC

President Donald Trump's defense failed him at the opening of hisSenate impeachment trial Tuesday.

Senate Majority Leader Mitch McConnell, R-Ky., had one job. He just had to collect 51 votes forthe trial rules he had written, in close consultation with White House officials, to deliver Trump an acquittal quickly, quietly and with as few surprises as possible.

He couldn't do it.

The other half of Trump's squad,his legal team, chose not to defend his actions with a cogent explanation for them. Rather than rebutting hours of evidence presented by House Democratic impeachment managers, White House lawyers opted to repeat Trump's attacks on the process and the disjointed set of rejoinders he's delivered to Democrats in public.

Read more of the analysis here.

Hallie Jackson and Hans Nichols

6d ago / 2:22 AM UTC

SO WHAT DID PRESIDENT TRUMP THINK OF TODAY? He was absolutely engaged in the impeachment proceedings today, getting "minute-by-minute" updates on the process, according to Rep. Mark Meadows, one of the presidents closest allies and an impeachment team member. Legislative Affairs head Eric Ueland backed that up, telling reporters that the president is "very impressed" with whats been happening on the Hill. But take all that with a grain of salt: the president likes to see impressive TV performances, and we have reason to believe that he may have more mixed feelings than what aides are letting on. And the president is also someone who likes to gauge the reviews so his opinion may end up shaped by the tone from his preferred cable news shows. (An early guide: Sean Hannity, in his opener, is adopting a bored affect and introducing the networks Congressional correspondent as someone whos been "suffering through a lot of this tediousness.")

WILL THE PRESIDENTS DEFENSE TEAM FILE A MOTION TO DISMISS BY 9AM WEDNESDAY?Its possible, but the chances seem less-than-likely. Ueland didnt shut the door on it tonight, but Sen. Ted Cruz of Texas sounded more definitive, telling reporters he believes a motion to dismiss is unlikely: its "not nearly as good an outcome for the president and for the country as will be a final judgment on the merits." Again, its kind of a moot point regardless since Senate Republicans dont think there are the votes to support such a motion.

IS THE DEFENSE GOING TO PUSH BACK ON THE APPARENT SATURDAY START FOR THEIR OPENING? Seems doubtful. Two sources familiar with the thinking suggest its not likely the White House team will put up much of a fight on the expected Saturday start to opening arguments (thats if House managers take up their allotted three days.) Thats subject to change, as always. But weekend arguments would, in theory, let the presidents defenders get in their first word before the Sunday political talk shows, and then have a weekday audience for the rest of their arguments Monday and, if needed, Tuesday.

Haley Talbot

6d ago / 1:32 AM UTC

As Rep. Adam Schiff spoke on the floor, Sen. Chuck Schumer smiled and laughed while talking to the aides seated next to him a strikingly different demeanor from Majority Leader Mitch McConnells stoic posture across the aisle.

In a brief moment of bipartisanship, Sen. Patrick Leahy, D-Vt., walked over to the Republican side behind the last row of senators. As he was passing by Sen. Ben Sasse, R-Neb., he crouched down and the two chatted and laughed briefly. A packet of gum was being passed around that back row between Sasse, Sen. Ted Cruz, R-Texas, and others.

While the table on the prosecution side with the managers was full of open binders, notebooks and laptops the Trump defense team's table looked neat. Their binders were not open while Schiff and Rep. Jason Crow, D-Colo., spoke, and their laptops also remained closed.

During the arguments, Sens. Amy Klobuchar and Elizabeth Warren took notes on occasion, andRepublican Sens. Amy Murkowski and Susan Collins watched Schiff intently for the duration of his remarks. In the final few minutes of Schiff's comments, Sen. Jim Risch, R-Idaho, tapped on his watch to indicate the California Democrat was nearing the end of his time. Schiff seemed to look in his direction but did not pause or stop.

When Crow was speaking, the other House managers watched him intently, turning in their chairs to face him. Rep Jerry Nadler, D-N.Y., was the one exception; he took notes throughout and referred back to binders and notes.

Sen. Tom Cotton, R-Ark., read during most of the proceedings, while Sen. James Lankford, R-Okla., yawned several times. Cruz slumped back in his chair, scowling, while Schiff and Crow spoke. Sen. Lindsay Graham, R-S.C., had a similar posture and didnt take notes or read.

Frank Thorp V

6d ago / 12:42 AM UTC

McConnell moved to table the third Democratic amendment, which would have subpoenaed OMB documents related to the charges against the president and regarding the suspension of assistance to Ukraine.

Schumer introduced a fourth amendment to subpoena acting White House chief of staff Mick Mulvaney.

Senators will now take a 30-minute recess to eat dinner. It'll be pizza for both sides, Republicans will eat Ledo's in the Mansfield room, where they usually hold their policy luncheons, and Democrats will eat Ledo's in the cloakroom.

During dinner, they will discuss what happens next. When they return from this recess they will debate, for up to two hours, the Mulvaney amendment. Then there will be another vote to kill the amendment.

On Tuesdaysbonus episode of Article II, host Steve Kornacki explains the last-minute changes that Mitch McConnell made to the impeachment trial rules in response to pressure from moderate Republican senators.

Download the podcast.

Julie Tsirkin

6d ago / 12:26 AM UTC

Some senators appear to be losing steam as the trial headed into the night.

There were many yawns, including from Sens. Bernie Sanders, I-Vt., Amy Klobuchar, D-Minn., Roy Blunt, R-Mo., and Richard Shelby, R-Ala. Sen. James Risch, R-Idaho, was most definitely sound asleep for the majority of Rep. Val Demings' presentation. When Jay Sekulow took the stand, speaking audibly louder, Risch was jolted awake.

GOP Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mike Lee of Utah and Chuck Grassley of Iowa took copious notes throughout Demings presentation. Grassley and Sen. Cory Gardner, R-Colo., were noting each piece of evidence presented on the screens. New Sen. Kelly Loeffler, R-Ga., also took notes throughout.

When Lev Parnas' interview with Rachel Maddow was shown, Sen. Lindsay Graham, R-S.C., began laughing and writing something down. Sen. Chuck Schumer, D-N.Y., was smiling from ear to ear, sitting up in his chair and looking at Republicans. Sen. Mitch McConnell, R-Ky., remained still and serious throughout. Sen. Tim Scott, R-S.C., passed a note to Sen. Ben Sasse, R-Neb., and the two laughed and nodded.

Sen. Ron Johnson, R-Wisc., passed breath mints from his desk to senators sitting nearby, including Republican Sens. Dan Sullivan of Alaska and Mitt Romney of Utah. Sen. Martha McSally, R-Ariz., sat with a blanket over her lap. Schumer appeared to be quite thirsty, with pages refilling his water glass every 10 minutes. Grassley had a sheet of paper on his desk with photo identifiers.

Continued here:
Trump impeachment: Live coverage of the trial - NBCNews.com