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The Trump Impeachment Vote: Live Updates

In a letter to Speaker Nancy Pelosi before the House vote on Tuesday, Vice President Mike Pence rejected the possibility of invoking the 25th Amendment.
Credit…Nicole Craine for The New York Times

The House on Tuesday night formally called on Vice President Mike Pence to invoke the 25th Amendment and strip President Trump of his powers. But Mr. Pence rejected that idea before debate on the vote even began, all but guaranteeing that the House would move forward with impeachment on Wednesday.

The House will convene to debate articles of impeachment that accuse the president of “inciting an insurrection” that led to his loyalists storming the Capitol a week ago. The vote after the debate is expected to pass, with a small but significant number of Republicans joining Democrats to impeach Mr. Trump for the second time, which would make him the first president to be impeached twice.

At least five Republicans have said that they would vote to impeach the president after he incited the mob that ransacked the Capitol last week. Senator Mitch McConnell of Kentucky, the Republican leader, has embraced the effort, according to people who have spoken to him.

The most blistering condemnation came from Representative Liz Cheney of Wyoming, the No. 3 House Republican, who said there had “never been a greater betrayal by a president of the United States.” Her announcement is likely to give cover to two dozen or so other House Republicans looking to break ranks and join the effort to remove Mr. Trump from office.

Representative Kevin McCarthy of California, the top Republican in the House, has said he is personally opposed to impeachment but will not formally lobby members of the party against the effort, making an implicit break with Mr. Trump. Not a single House Republican voted in favor of impeachment during the 2019 proceedings.

Taken together, the stances of two top congressional Republicans — neither of whom has said publicly that Mr. Trump should resign or be impeached — reflected the politically challenging and fast-moving nature of the crisis that the party faces after the president incited a violent mob that ransacked the seat of American government and killed a Capitol Police officer.

Yet as Republican lawmakers tried to balance the affection their core voters have for Mr. Trump with the now undeniable political and constitutional threat he poses, Republican congressional leaders who have loyally backed the president for four years were still stepping delicately. Their refusal to demand his resignation and quiet plotting about how to address his conduct highlighted the gnawing uncertainty that they and many other Republicans have about whether they would pay more of a political price for abandoning him or for continuing to enable him.

Making their task more difficult, Mr. Trump has shown no trace of contrition, telling reporters on Tuesday that his remarks to supporters had been “totally appropriate,” and that it was the specter of his impeachment that was “causing tremendous anger.”

Once a majority of House lawmakers vote to impeach the president, they will then determine if and when to send the charges to the Senate, making the timing of the trial less certain.

Senator Chuck Schumer of New York, the Democratic leader, called on Mr. McConnell, his Republican counterpart, to use emergency powers to call the Senate back for a trial as soon as the articles were adopted. If that does not happen, a trial would begin no sooner than Jan. 19, when the Senate is scheduled to return. The next day, alongside Mr. Biden’s inauguration, Democrats will take operational control of the Senate.

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transcript

transcript

House Calls on Pence to Remove Trump From Power

The House of Representatives voted, 223 to 205, on Tuesday night to call on Vice President Mike Pence to invoke the 25th Amendment to strip President Trump of his powers for inciting a mob to attack the Capitol.

“I think every member in this body should be able to agree that this president is not meeting the most minimal duties of office. He is not meeting the oath that he swore to uphold and defend the Constitution. We are simply asking Vice President Pence to exercise his powers under the 25th Amendment of the Constitution, Section 4, to convene the cabinet and to mobilize the cabinet to state and articulate what is obvious to the American people: This president is not meeting the duties of office and is clearly not capable of it.” “The 25th Amendment specifically addresses the incapacity of the president to discharge the duties of his office. It was never intended as a political weapon when Congress doesn’t like the way he discharges those duties. Now, I’ve read that speech. He never suggested rampaging the Capitol and disrupting the Congress.” “The facts are very clear. The president called for this seditious attack. Wednesday morning, he participated in a rally to encourage the rioters to march on the Capitol and fight. The president’s actions demonstrate his absolute inability to discharge the most basic and fundamental powers and duties of his office. Therefore, the president must be removed from office immediately.” “The adoption of this political resolution would be divisive rather than unifying. The vice president has said he has no intention of taking action under the amendment, so this process is pure political theater on the part of the majority.” “On this vote, the yeas are 223; the nays are 205. The resolution is adopted. Without objection, the motion to reconsider is laid on the table.”

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The House of Representatives voted, 223 to 205, on Tuesday night to call on Vice President Mike Pence to invoke the 25th Amendment to strip President Trump of his powers for inciting a mob to attack the Capitol.CreditCredit…Anna Moneymaker for The New York Times

The House voted Tuesday night to formally call on Vice President Mike Pence to use the 25th Amendment to strip President Trump of his powers after he incited a mob that attacked the Capitol, as lawmakers warned they would impeach the president on Wednesday if Mr. Pence did not comply.

Lawmakers, escorted by armed guards into a heavily fortified Capitol, adopted the nonbinding measure just before midnight largely along party lines. The final vote was 223 to 205 to implore Mr. Pence to declare Mr. Trump “incapable of executing the duties of his office and to immediately exercise powers as acting president.”

“We’re trying to tell him that the time of a 25th Amendment emergency has arrived,” Representative Jamie Raskin, Democrat of Maryland and the author of the resolution, said before the vote. “It has come to our doorstep. It has invaded our chamber.”

Only one Republican, Representative Adam Kinzinger of Illinois, voted in favor of the resolution.

The House proceeded after Mr. Pence sent a letter to Speaker Nancy Pelosi on Tuesday. “I do not believe that such a course of action is in the best interest of our nation or consistent with our Constitution,” he wrote. “I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our nation.”

Almost all Republicans lined up in opposition. They did little to defend Mr. Trump’s behavior but argued that Congress had no role telling the vice president what to do.

“The vice president has given you your answer, before you asked the question,” said Representative Dan Bishop, Republican of North Carolina. “Your ultimatum does violence to a core feature of the architecture of the Constitution.”

Democrats planned to reconvene on Wednesday to vote on a single article of impeachment charging Mr. Trump with “inciting violence against the government of the United States.” The rioters last week ransacked the seat of American government and killed a Capitol Police officer.

Every single Democrat was expected to vote to impeach, and Republicans were bracing for as many as two dozen of their members to follow suit.




The House, controlled by Democrats, holds a floor vote on one

or more articles of impeachment.

Less than a majority of the

House votes to impeach.

A majority of House

members vote to impeach.

Trump remains in office

for the duration of his

term, unless his cabinet

acts to remove him or

he resigns.

The House determines if

and when when to send the

article to the Senate. It

could do nothing further,

effectively holding out the

charges in perpetuity.

IF ARTICLE

SENT IMMEDIATELY

IF ARTICLE WITHHELD UNTIL

AFTER CHANGE IN CONTROL

Republican-led trial unlikely:

Mitch McConnell has said

the Senate will not return until

Jan. 19, the last full day of

Trump’s term, making

a trial unlikely before the

inauguration.

Democratic-led trial:

Later this month, control of

the Senate will flip to

Democrats. Upon receipt of

the article, the Senate must

soon begin a trial, but there

is discretion in the schedule

and pace of the process.

Afterward, the Senate holds

a vote to convict or acquit

the former president.

Fewer than two-thirds of

members present vote to

convict.

Two-thirds or more of

members present vote to

convict.

Trump is guilty.

 

Separate votes would

be needed to prohibit

Trump from receiving

benefits given to

ex-presidents and to

bar him from future

political office.

The House, controlled by Democrats, holds a floor vote on one

or more articles of impeachment.

Less than a majority of the

House votes to impeach.

A majority of House

members vote to impeach.

Trump remains in office

for the duration of his

term, unless his cabinet

acts to remove him or

he resigns.

The House determines if

and when when to send the

article to the Senate. It

could do nothing further,

effectively holding out the

charges in perpetuity.

IF ARTICLE

SENT IMMEDIATELY

IF ARTICLE WITHHELD UNTIL

AFTER CHANGE IN CONTROL

Republican-led trial unlikely:

Mitch McConnell has said

the Senate will not return until

Jan. 19, the last full day of

Trump’s term, making

a trial unlikely before the

inauguration.

Democratic-led trial:

Later this month, control of

the Senate will flip to

Democrats. Upon receipt of

the article, the Senate must

soon begin a trial, but there

is discretion in the schedule

and pace of the process.

Afterward, the Senate holds

a vote to convict or acquit

the former president.

Fewer than two-thirds of

members present vote to

convict.

Two-thirds or more of

members present vote to

convict.

Trump is guilty.

 

Separate votes would

be needed to prohibit

Trump from receiving

benefits given to

ex-presidents and to

bar him from future

political office.

The House, controlled by Democrats, holds a floor vote on one or more articles of impeachment.

A majority of House members

vote to impeach.

Less than a majority of the House

votes to impeach.

Trump remains in office

for the duration of his term, unless his

cabinet acts to remove him or

he resigns.

The House determines if and when to

send the article to the Senate. It could

do nothing further, effectively holding

out the charges in perpetuity.

IF ARTICLE SENT IMMEDIATELY

IF ARTICLE WITHHELD UNTIL

AFTER CHANGE IN CONTROL

Republican-led trial unlikely:

Mitch McConnell has said the Senate

will not return until Jan. 19, the last full

day of Trump’s term, making a trial

unlikely before the inauguration.

Democratic-led trial:

Later this month, control of the Senate will

flip to Democrats. Upon receipt of the article,

the Senate must soon begin a trial, but there

is discretion in the schedule and pace of the

process. Afterward, the Senate holds a vote

to convict or acquit the former president.

Fewer than two-thirds of members

present vote to convict.

Two-thirds or more of members

present vote to convict.

Trump is guilty.

 

Separate votes would be needed

to prohibit Trump from receiving

benefits given to ex-presidents

and to bar him from future

political office.


Breaking with Mr. Trump, Republicans were not formally pressuring lawmakers to oppose either vote. Their leaders were treading carefully, navigating an extremely complex and fast-moving political environment that threatened the cohesion of the party and that could inflict lasting damage on the country.

Senator Mitch McConnell of Kentucky, the Republican leader, had told associates that he was fine with the House moving forward with impeachment and that Mr. Trump had committed impeachable offenses, according to people familiar with his thinking.

Mr. Trump met with Mr. Pence on Monday for the first time since their falling out last week over the president’s effort to overturn the election and the mob assault, which had put the vice president in danger. The two spoke for an hour or more in the Oval Office in what amounted to a tense peace summit meeting with the remainder of the Trump presidency at stake.

The impeachment drive came as President-elect Joseph R. Biden Jr. signaled more clearly that he would not stand in the way of the impeachment proceeding, telling reporters in Newark, Del., that his primary focus was trying to minimize the effect that an all-consuming trial in the Senate might have on his first days in office.

He said he had consulted with lawmakers about the possibility that they could “bifurcate” the proceedings in the Senate, so that half of each day would be spent on the trial and half on the confirmation of his cabinet and other nominees.

Representative John Katko of New York was the first Republican to publicly announce that he would back the impeachment proceedings.
Credit…Stefani Reynolds/Getty Images

As the House prepared to move forward on Wednesday with a vote to formally charge President Trump with inciting violence against the government of the United States, a small but growing number of Republicans said they supported the effort.

The vote is set to come exactly one week after the Capitol was breached by an angry mob of Trump loyalists.

In 2019, not a single Republican voted in favor of impeachment. House Republican leaders have said they would not formally lobby members of the party against voting to impeach the president this time, and some members said they intended to support the effort.

Representative John Katko of New York was the first Republican to publicly announce that he would back the impeachment proceedings. Not holding the president accountable for his actions would be “a direct threat to the future of our democracy,” he said.

Representative Liz Cheney of Wyoming, the No. 3 House Republican, said on Tuesday evening that she would vote to impeach, citing the president’s role in an insurrection that caused “death and destruction in the most sacred space in our Republic.”

Representative Adam Kinzinger of Illinois, a frequent critic of Mr. Trump, joined his Republican colleagues on Tuesday evening, saying the nation was in uncharted waters. He said that Mr. Trump “encouraged an angry mob to storm the United States Capitol to stop the counting of electoral votes.”

Representative Fred Upton of Michigan issued a statement saying that he would vote to impeach after Mr. Trump “expressed no regrets” for what had happened at the Capitol.

Representative Jaime Herrera Beutler of Illinois issued a statement saying, “The president’s offenses, in my reading of the Constitution, were impeachable based on the indisputable evidence we already have.”

Nicholas Fandos contributed reporting.

“It is their constitutional and patriotic duty to present the case for the president’s impeachment and removal,” Speaker Nancy Pelosi said of the impeachment managers.
Credit…Anna Moneymaker for The New York Times

Speaker Nancy Pelosi on Tuesday named nine Democrats as managers of the impeachment trial of President Trump on charges of inciting a violent mob of his supporters to storm the Capitol, where rioters ransacked the seat of American government and killed a Capitol Police officer.

The nine managers, all lawyers, have expertise in constitutional law, civil rights and law enforcement. They will serve as the new faces of the impeachment drive after Americans last year grew accustomed to seeing Representatives Adam Schiff, Democrat of California and the chairman of the Intelligence Committee, and Jerrold Nadler, Democrat of New York and the chairman of the Judiciary Committee, as the leaders of Mr. Trump’s first impeachment trial.

The managers come from across the country and represent different ideological wings of the party. Of the nine, seven are people of color, L.G.B.T.Q. or women.

With Democrats controlling the House, Mr. Trump is likely to become the first American president to be impeached twice.

“It is their constitutional and patriotic duty to present the case for the president’s impeachment and removal,” Ms. Pelosi said of the impeachment managers. “They will do so guided by their great love of country, determination to protect our democracy and loyalty to our oath to the Constitution.”

Ms. Pelosi named Representative Jamie Raskin, a constitutional lawyer from Maryland who drafted the impeachment article, as the lead manager of Mr. Trump’s trial. Mr. Raskin, who lost his 25-year-old son to suicide on New Year’s Eve and then survived the mob attack, is a professor of constitutional law at American University’s Washington College of Law.

“I’m honored to be on a team with extremely distinguished lawyers and representatives,” Mr. Raskin said. “We have a tremendous responsibility on our shoulders right now.”

The other impeachment managers are: Representatives Diana DeGette of Colorado, a lawyer with a civil rights background; David Cicilline of Rhode Island, a former public defender; Joaquin Castro of Texas, a lawyer; Eric Swalwell of California, a former prosecutor; Ted Lieu of California, a former Air Force officer and prosecutor; Stacey Plaskett of the Virgin Islands, a former prosecutor; Joe Neguse of Colorado, a lawyer; and Madeleine Dean of Pennsylvania, also a lawyer.

Most Democrats are expected to support the impeachment of Mr. Trump after he spent weeks spreading baseless falsehoods about widespread election fraud and then held a large rally where he encouraged a mob to march on the Capitol as he sought to pressure lawmakers to overturn the results of a democratic election. Four Republicans have announced that they, too, will vote to impeach the president.

Representative Liz Cheney of Wyoming, the No. 3 House Republican, said on Tuesday that she would vote to impeach Mr. Trump, adding that there had “never been a greater betrayal by a president of the United States” than Mr. Trump’s incitement of the mob.

“Good for her for honoring her oath of office,” Ms. Pelosi said of Ms. Cheney, before adding that she wished “more Republicans would honor their oaths of office.”

Many tech companies have moved to curtail President Trump online since he urged on a violent mob of his supporters at the Capitol last week.
Credit…Doug Mills/The New York Times

YouTube said on Tuesday that it had suspended President Trump’s channel over concern about “ongoing potential for violence,” in the latest move by one of the large tech companies to limit the president online.

In a tweet on YouTube’s official account, the Google-owned video site said it had suspended Mr. Trump’s account after one of his recent videos violated its policy banning content that spreads misinformation about widespread election fraud. YouTube said Mr. Trump would not be able to upload new content for at least seven days to his channel, which had about 2.8 million subscribers. YouTube also said it was indefinitely disabling comments on the video in question.

It was not immediately clear which video resulted in the suspension of the president’s account.

Many tech companies have moved to curtail Mr. Trump online since he urged on a violent mob of his supporters, who stormed the Capitol last week. In the aftermath, Facebook suspended the president from its core social network as well as on Instagram, at least until the end of his term. Twitter followed suit by permanently barring Mr. Trump’s account on its service, depriving him of his favorite social media platform, where he had 88 million followers. Other sites such as Snapchat, Reddit and Twitch also curtailed Mr. Trump.

The U.S. Census logo appears on census materials received in the mail with an invitation to fill out census information online
Credit…Justin Sullivan/Getty Images

President Trump has demanded since summer that the Census Bureau produce a state-by-state tally of immigrants who are in the country illegally, numbers long sought by Republicans who want to base political maps on population figures that do not include undocumented immigrants. On Tuesday, a federal inspector general questioned an order to deliver the estimates before Mr. Trump leaves office, after whistle-blowers warned that the rush would imperil their accuracy.

The Commerce Department inspector general, Peggy E. Gustafson, said in a letter that two White House political appointees were the “driving forces” behind the order, which required census experts to deliver counts of unauthorized immigrants by Friday, five days before Inauguration Day.

Her letter states that the Census Bureau director appointed by Mr. Trump, Steven Dillingham, had designated the estimates a top priority for the bureau’s data experts, even though completion of the 2020 census itself has fallen months behind schedule because of the coronavirus pandemic. The letter said Mr. Dillingham had discussed offering cash bonuses for producing the estimates quickly.

Mr. Dillingham backed off his order this week, according to bureau employees who refused to be named for fear of retaliation. Some of them said career employees planned to refuse to deliver substandard estimates, which would have led to an unprecedented standoff between the agency’s political leaders and its traditionally nonpartisan staff.

“It was just ‘Give us what you’ve got,’” one bureau employee said, adding that the estimates “were just not ready for prime time.”

The Census Bureau has been stewing in controversy, largely over the question of counting unauthorized immigrants, virtually since Mr. Trump took office. A battle over the Trump administration’s order to ask census respondents whether they were American citizens went to the Supreme Court before the justices barred the question in 2019, saying officials’ justification for the question was “contrived.”

The administration offered a new rationale in July, saying it wanted a count of unauthorized noncitizens so states could deduct them from overall 2020 census results, which count everyone living in the country regardless of citizenship. Doing so would produce a more rural, Republican-leaning population base when political maps are redrawn later this year based on new census figures.

Republican legislators in some states, including Texas and Missouri, are pressing for citizen-only population counts for redistricting. All states currently draw maps using total population counts, or something very close to them, and the legality of relying on citizen-only population totals is unclear.




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