Fight over witnesses could delay Trump trial conclusion

WASHINGTON (AP) — The Senate impeachment trial of Donald Trump was thrown into confusion Saturday as lawmakers voted to consider hearing witnesses, a step that could extend the proceedings and delay a vote on whether the former president incited the deadly Capitol insurrection.

The last-minute fight over witnesses followed Friday night revelations from a Republican House lawmaker about a heated phone call on the day of the riot between Trump and House Minority Leader Kevin McCarthy that Democrats say establishes Trump’s indifference to the violence.

The proceedings came to abrupt halt Saturday morning, with even senators seemingly confused about next steps. Senators were huddling on floor of the chamber as leaders spoke to the clerks at the dais.

Impeachment trials are rare, especially for a president, and the rules are negotiated for each one at the outset. For Trump’s trial, the agreement said if senators agreed to hear witnesses, votes to hear additional testimony would be allowed.

Meanwhile, Republican leader Mitch McConnell made clear that he will vote to acquit Trump, according to a person familiar with his thinking. Closely watched, the GOP leader’s view could influence others in his party.

While most Democrat are expected to convict the former president, acquittal already appeared likely in the chamber that is split 50-50 with Republicans. A two-thirds majority is required for conviction.

At issue Saturday was whether to subpoena Rep. Jaime Herrera Beutler of Washington state, one of 10 Republicans to vote for Trump’s impeachment in the House. She said in a statement late Friday that Trump rebuffed a plea from McCarthy to call off the rioters. Democrats consider it key corroborating evidence that confirms the president’s “willful dereliction of duty and desertion of duty as commander in chief.”

Lead House impeachment manager Rep. Jamie Raskin said Saturday that witnesses were necessary to determine Trump’s role in inciting the riot. There were 55 senators who voted to debate his motion to consider witnesses, including Republican Lindsey Graham, who changed his vote in the middle of the count.

Trump lawyers opposed calling witnesses, with attorney Michael van der Veen saying it would open the door to him calling as many as 100. He said the depositions could be done in his law office in Philadelphia, prompting laughter from senators.

“If you vote for witnesses,” Van der Veen said, crossing his arms and then then raising them in the air for emphasis, “do not handcuff me by limiting the number of witnesses that I can have.”

The outcome of the raw and emotional proceedings is expected to reflect a country divided over the former president and the future of his brand of politics. The verdict could influence not only Trump’s political future but that of the senators sworn to deliver impartial justice as jurors.

“What’s important about this trial is that it’s really aimed to some extent at Donald Trump, but it’s more aimed at some president we don’t even know 20 years from now,” said Sen. Angus King, the independent from Maine.

The nearly weeklong trial has delivered a grim and graphic narrative of the riot and its consequences in ways that senators, most of whom fled for their own safety that day, acknowledge they are still coming to grips with.

House prosecutors have argued that Trump’s rallying cry to go to the Capitol and “fight like hell” for his presidency just as Congress was convening Jan. 6 to certify Joe Biden’s election victory was part of an orchestrated pattern of violent rhetoric and false claims that unleashed the mob. Five people died, including a rioter who was shot and a police officer.

Trump’s lawyers countered in a short three hours Friday that Trump’s words were not intended to incite the violence and that impeachment is nothing but a “witch hunt” designed to prevent him from serving in office again.

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