The Senate voted Saturday to depose witnesses in the second impeachment trial of former President Trump, an unexpected development following reports that the former president brushed off pleas from House Minority Leader Kevin McCarthy amid the Jan. 6 Capitol riot to convince his supporters to stop the insurrection.
The lead House impeachment manager, Rep. Jamie Raskin (D-Md.), asked the Senate to hear from Rep. Jaime Herrera Beutler (R-Wash.), who has said she heard McCarthy (R-Bakersfield) recount his dramatic conversation with Trump. Beutler has reported that, according to McCarthy, the president told the minority leader the rioters “are more upset about the election than you are.”
The Senate vote was 55-45, with support from all Democrats and both independents, as well as Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Ben Sasse of Nebraska and Mitt Romney of Utah. Lindsey Graham (R-S.C.) also voted yes, switching his vote at the last minute.
Trump’s attorney, Michael van der Veen, objected to the request, saying that that if Democrats get a witness, he would need to depose “at least over 100 witnesses. Not just one.”
Democrats said the witnesses can be deposed by videoconference, but van der Veen objected, saying it should be done in his office in Philadelphia, prompting laughter from the chamber.
It is not clear how many witnesses will be allowed. Republicans threatened that if Democrats allowed one witness, they would demand many. As the vote occurred, senators were confused on whether they were voting to allow one witness or an unlimited number.
The trial had been expected to wrap up on Saturday. While Trump’s acquittal is all but certain, he could face rebukes from several members of his own party, exposing the fissures he formed within the GOP during his presidency. One year ago, Romney became the first senator to ever vote to convict a president of the same party. This year, at least six Republican senators could join with Democrats to convict Trump, having broken with their party earlier this week to vote that the trial is constitutional.
Senate Minority Leader Mitch McConnell (R-Ky.) told his colleagues Saturday morning that he will vote to acquit, according to a source familiar with his announcement.
Trump is the first president to be impeached twice and his trial is the first in American history of a former president. He was impeached last month on a charge of inciting the insurrection Jan. 6, when a violent pro-Trump mob ransacked the Capitol. The riot left five people dead, including a police officer.
New reports Friday evening prompted calls from Democrats to hear from McCarthy. As the insurrection was unfolding, McCarthy called Trump to ask him to get his supporters to stop and got into a shouting match with Trump.
“Well, Kevin, I guess these people are more upset about the election than you are,” Trump said, according to a CNN report and confirmed by Rep. Jaime Herrera Beutler (R-Wash.), who said she heard McCarthy recount the conversation.
Another remaining question is when Trump knew Vice President Pence was in danger in the Capitol. Trump’s legal team said Friday that the president did not know he was at risk when the former president sent a tweet claiming Pence — who was presiding over the electoral college certification — lacked the “courage” to block the counting of electoral votes about an hour into the riot.
That is in contradiction to Sen. Tommy Tuberville’s (R-Ala.) claim that he told Trump in a phone call at the time that Pence had just been evacuated from the chamber, a sign his security detail sensed danger. Pence was evacuated just before 2:15 p.m. Trump sent his tweet at 2:24 p.m.
Tuberville said he had been on the Senate floor when he was handed another senator’s cellphone. “It was the president. He said a few things. I said. ‘Mr President, they’ve taken the vice president out. They want me to get off the phone, I gotta go,’” Tuberville told reporters Friday. “So, probably the only guy in the world who hung up on the president of the United States.”
Despite the lingering questions, both Democrats and Republicans had appeared ready to move on. Democrats are eager to resume work on President Biden’s COVID-19 stimulus bill and approving administration appointments. And Republicans, even those who have defended Trump, are looking to put the ugly and deadly insurrection behind them.
It is unknown how many Republicans will support conviction. GOP leaders say they’re not keeping tabs on how their colleagues will vote.
The six Republican senators who voted this week that the trial is constitutional — and considered the likeliest to support conviction — are Romney, Collins, Murkowski, Sasse, Pat Toomey of Pennsylvania and Bill Cassidy of Louisiana.
“I’ve got three legal pads of notes,” Cassidy said Friday evening ahead of his own deliberations on how he would vote. A photo circulated Friday of Cassidy holding a written argument explaining a vote for acquittal but the senator said he had a similarly prepared release for conviction, underscoring that he was undecided.
If there are other surprises, it would likely come from one of the senators who is retiring, such as Sen. Rob Portman of Ohio.
Had McConnell voted to convict, it would have likely made his path to trying to retake the majority in 2022 much more difficult, given that it would likely require support from — or at least not opposition from — Trump.
