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      Schumer promises quick but fair trial as Trump impeachment heads to Senate

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      Ex-president forms legal team before February hearingsBiden focuses on nominations and legislative prioritiesTrump plots revenge on Republicans who betrayed himThe single article of impeachment against Donald Trump will on Monday evening be delivered to the Senate, where Democratic majority leader Chuck Schumer is promising a quick but fair trial. Related: Trump’s second impeachment trial: the key players Continue reading… More

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      'I like Ivanka': Marco Rubio sweats over rumoured Trump Senate challenge

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      The last time Marco Rubio looked this uncomfortable in the national spotlight, he was stuck on robotic repeat in a Republican debate, being pummelled by Chris Christie.Or maybe it was when he lunged for a bottle of water as he sweated his way through a response to Barack Obama’s State of the Union address, back in 2013.Either way, on Sunday morning Florida’s senior Republican senator squirmed again as he was grilled on the possibility of a primary challenge by Ivanka Trump, the ex-president’s oldest daughter, in 2022.“How seriously do you take Ivanka Trump as a potential opponent?” Fox News Sunday host Chris Wallace asked, citing speculation over the former “first daughter’s” personal political ambitions following her purchase of property in Miami with her husband, Jared Kushner.“Well, I, I, I don’t really get into the parlour games of Washington,” Rubio replied, clearly wishing his potential challenger was called anything other than Trump.“When you decide to run for re-election in a state like Florida, you have to be prepared for a competitive race, you run it like a competitive race, so that’s what I’m preparing to run, a very competitive race against a tough opponent.“I don’t own the Senate seat, it doesn’t belong to me. If I want to be back in the US Senate I have to earn that every six years.”Wallace pressed on, attempting to get the floundering Rubio, who has something of a love-hate relationship with Donald Trump, to at least acknowledge the name of his possible challenger.“I like Ivanka, and we worked very well together on issues, and she’s a US…” Rubio said, trailing off then pivoting swiftly to a list of his perceived successes “for the people of Florida” since he was elected in 2010.The interview ended soon after, a relieved Rubio able to avoid any further reference to his new Miami neighbour.Scholars of Rubio’s previous encounters with Ivanka Trump will have noted this was far from his first moment of awkwardness. In June 2017 he was photographed trying and failing to give her a hug in Washington, the image inevitably going viral.Rubio tried to make light of that episode, promising a full investigation by the Senate intelligence committee into why it was “blowing up Twitter”.In 2016, Rubio ran for the Republican presidential nomination ultimately won by Donald Trump. The senator squared up to the property developer, evidently unfamiliar with the old political saw, variously and wrongly attributed to Abraham Lincoln, Mark Twain or George Bernard Shaw, about why it is never a good idea to wrestle with a pig.You both get dirty, the saying goes, but the pig likes it. Rubio and Trump ended up exchanging insults about the size of their genitals.Rubio’s last robust primary was an all-round chastening experience. Not only did he fail to make much of a mark but during a campaign event in Iowa, the senator also beaned a small child with a football. More

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      Trump plots revenge on Republicans who betrayed him as Senate trial looms

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      Republican divisions over Donald Trump’s second impeachment trial came into clearer focus on Sunday, as the former president spent his first weekend out of office plotting revenge against those he says betrayed him.Stewing over election defeat by Joe Biden, four days after leaving the White House, Trump continued to drop hints of creating a new party, a threat some see as a gambit to keep wavering senators in line ahead of the opening of his trial, in the week after 8 February.Democrats will send the single article of impeachment to the Senate for a reading on Monday evening. It alleges incitement of insurrection, regarding the 6 January riot at the US Capitol that left five dead, including a police officer.Trump spent the weekend at his Mar-a-Lago resort in Florida, splitting rounds of golf with discussions about maintaining relevance and influence and how to unseat Republicans deemed to have crossed him, the Washington Post reported.Trump, the Post said, has said the threat of starting a Maga (Make America Great Again) or Patriot party, gives him leverage to prevent senators voting to convict, which could lead to him being prevented from seeking office again.We already have a flaming fire in this country and it’s like taking gasoline and pouring it on top of the fireThose in his crosshairs include Liz Cheney, the No3 House Republican, Georgia governor Brian Kemp and others who declined to embrace false claims of election fraud or accused him of inciting the Capitol riot.Other senior Republicans clashed on Sunday over Trump’s trial and the party’s future. Mitt Romney, the Utah senator, former presidential candidate and fierce Trump critic who was the only Republican to vote for impeachment at his first trial last year, said the former president had exhibited a “continuous pattern” of trying to corrupt elections.“He fired up a crowd, encouraging them to march on the Capitol at the time that the Congress was carrying out its constitutional responsibility to certify the election,” Romney told CNN’s State of the Union. “These allegations are very serious. They haven’t been defended yet by the president. He deserves a chance to have that heard but it’s important for us to go through the normal justice process and for there to be resolution.”Romney said it was constitutional to hold a trial for a president who has left office.“I believe that what is being alleged and what we saw, which is incitement to insurrection, is an impeachable offence. If not, what is?”Romney, however, said he did not support action against Ted Cruz and Josh Hawley, senators who supported Trump’s claims of a rigged election and objected to results.“I think history will provide a measure of judgment with regard to those that continue to spread the lie that the [former] president began with, as well as the voters in our respective communities,” he said. “I don’t think the Senate needs to take action.”Other Republicans, including Lisa Murkowski of Alaska, Susan Collins of Maine and Ben Sasse of Nebraska, are expected to vote to convict. But the party is deeply fractured. For a conviction, 17 Republicans would need to vote with the 50 Democrats. It is unclear if that number can be reached, despite assertions from minority leader Mitch McConnell that the mob “was fed lies” by Trump.Marco Rubio of Florida said he thought the trial was “stupid and counterproductive”.“We already have a flaming fire in this country and it’s like taking a bunch of gasoline and pouring it on top of the fire,” he told Fox News Sunday.“I look back in time, for example Richard Nixon, who had clearly committed crimes and wrongdoing. In hindsight I think we would all agree that President Ford’s pardon was important for the country to be able to move forward. I think this is going to be really bad for the country, it’s just going to stir it up even more and make it even harder to get things done.”John Cornyn of Texas, meanwhile, threatened retaliation.“If it is a good idea to impeach and try former presidents, what about former Democratic presidents when Republicans get the majority in 2022?” he tweeted. “Think about it and let’s do what is best for the country.”Mike Rounds, of South Dakota, said he believed the impeachment was unconstitutional, telling NBC’s Meet the Press: “[The US constitution] specifically pointed out that you can impeach the president and it does not indicate that you can impeach someone who is not in office. So I think it’s a moot point.“But for right now there are other things we’d rather be working on. The Biden administration would love more of their cabinet in place and there’s a number of Republicans that feel the same way. We should allow this president the opportunity to form his cabinet and get that in place as quickly as possible.”Republican unity appears increasingly rare. On Saturday, the Arizona Republican party voted to censure Cindy McCain, the widow of the former senator and presidential candidate John McCain, and two other prominent party members who have crossed Trump.The actions drew swift praise from the former president, who backed Kelli Ward, the firebrand state party chair who was the architect of the censure, and who recently won a narrow re-election.Trump, the Post reported, called Ward to offer his “complete and total endorsement”. More

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      Defense secretary Lloyd Austin demands US military sexual assault reports

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      In his first directive since taking office, US defense secretary Lloyd Austin has given his senior leaders two weeks to send him reports on sexual assault prevention programs in the military, and an assessment of what has worked and what hasn’t.Austin’s memo, which went out Saturday, fulfils a commitment made to senators last week during confirmation hearings. Joe Biden’s pick, a retired army general, vowed to immediately address the problems of sexual assault and harassment in the ranks.“This is a leadership issue,” Austin said in his two-page memo. “We will lead.”Senator after senator demanded to know what Austin planned to do about the problem. Reports of sexual assaults have steadily gone up since 2006, according to department reports, including a 13% jump in 2018 and a 3% increase in 2019. The 2020 data is not yet available.The 2018 increase fueled congressional anger and lawmakers have repeatedly called for action, including changes in the Code of Military Justice.“You do agree that we can’t keep doing the same thing that we’ve been doing for the past decade?” Senator Kirsten Gillibrand, a New York Democrat, said during Austin’s confirmation hearing. “Do I have your commitment to be relentless on this issue until we can end the scourge of sexual violence in the military?”Austin agreed, telling senators: “This starts with me and you can count on me getting after this on day one.”Austin arrived at the Pentagon on Friday but spent his first hours in meetings with key leaders. He was in the Pentagon again on Saturday, making calls to counterparts around the world, and he signed the memo.In his hearing and in the memo, Austin acknowledged that the military has long struggled with the problem, but must do better.The directive calls for each leader to submit a summary of the sexual assault and harassment measures taken in the last year that show promise, and an assessment of those that do not. And he asked for relevant data for the past decade, including efforts to support victims.“Include in your report the consideration of novel approaches to any of these areas,” he said, adding that “we must not be afraid to get creative.” Austin said he plans to host a meeting on the matter with senior leaders in the coming days.Nate Galbreath, acting director of the Pentagon’s Sexual Assault Prevention and Response Office, said last April that he was cautiously optimistic that the lower increase in 2019 suggested a trend in declining assaults. But he also said sexual assaults are vastly under-reported.Galbreath and military leaders have rolled out new programs, including increased education and training and efforts to encourage service members to intervene when they see a bad situation. Last year officials announced a new move to root out serial offenders.Many victims don’t file criminal reports, which means investigators can’t pursue alleged attackers. Under the new system, victims who don’t want to file a public report are encouraged to confidentially provide details.Galbreath and others also have contended that the increase in reports was a good sign in that it showed that victims were more willing to come forward. More

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      Senate Republican threatens impeachments of past Democratic presidents

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      The Texas Republican senator John Cornyn warned on Saturday that Donald Trump’s second impeachment could lead to the prosecution of former Democratic presidents if Republicans retake Congress in two years’ time.Trump this month became the first US president to be impeached twice, after the Democratic-controlled House, with the support of 10 Republicans, voted to charge him with incitement of insurrection over the assault on the Capitol by his supporters on 6 January which left five people dead.Trump failed to overturn his election defeat and Joe Biden was sworn in as president this week.After a brief moment of bipartisan sentiment in which members from both parties condemned the unprecedented attack on Congress as it met to formalize Biden’s victory, a number of Senate Republicans are opposing Trump’s trial, which could lead to a vote blocking him from future office.“If it is a good idea to impeach and try former presidents, what about former Democratic presidents when Republicans get the majority in 2022?” Cornyn, a 19-year veteran of the Senate who last year tried to distance himself from Trump when it seemed his seat was at risk, tweeted at majority leader Chuck Schumer. “Think about it and let’s do what is best for the country.”Democrats hold narrow majorities in the House of Representatives and Senate but it is common for a president’s party to lose seats in elections two years after a presidential contest. Impeachment begins in the House. The Senate stages any trial.Republican Senate minority leader Mitch McConnell has said the mob in the Capitol putsch was “provoked” by Trump – who told supporters to march on Congress and “fight like hell”. Other Senate Republicans claim trying Trump after he has left office would be unconstitutional and further divide the country.There are also concerns on both sides of the aisle that the trial could distract from Biden’s legislative agenda. Schumer, who became majority leader this week, tweeted on Friday that the Senate would confirm Biden’s cabinet, enact a new Covid-19 relief package and conduct Trump’s impeachment trial.The trial is due to be held in the second week of February. More

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      Former general Lloyd Austin confirmed as Biden's defense secretary

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      The US Senate on Friday confirmed Joe Biden’s nominee, Lloyd Austin, to serve as the secretary of defense, making the retired four-star army officer the first African American to lead the Pentagon.The final vote was 93 to 2, with only two Senate Republicans – Mike Lee of Utah and Josh Hawley of Missouri – opposing Austin’s nomination.Austin said in a tweet that it was “an honor and a privilege” to serve as the defense secretary, adding that he was “especially proud” to be the first African American to hold the position.“Let’s get to work,” he wrote.Austin, 67, will oversee the 1.3 million active duty men and women who make up the nation’s military. The Senate vote gave Biden his second cabinet official, and another crucial member of his national security team, after Avril Haines was confirmed on Wednesday as the first woman to serve as the director of national intelligence. She was sworn in on Thursday by the vice-president, Kamala Harris.[embedded content]Austin’s confirmation required a special dispensation from both chambers of Congress, waiving a legal prohibition on military officials serving as secretary of defense within seven years of their retirement from active-duty service. The House and Senate easily approved the waiver on Thursday, despite concerns among some lawmakers about granting an exception from a law intended to maintain civil control of the military.It was only the third time Congress had granted the exception, including in 2017 for the retired marine general Jim Mattis to become Donald Trump’s first defense secretary in 2017.Austin sought to allay concerns over his recent service during his confirmation hearing, saying he was a “general and a soldier” who was prepared “to serve now – as a civilian – fully acknowledging the importance of this distinction.”Austin, raised in a rural town in Georgia, graduated from West Point and steadily rose through the nearly all-white ranks of the military, breaking racial barriers nearly every step of the way during his decorated 41-year career. In a video posted on Twitter, he reflected on the historic nature of his nomination and vowed that he “won’t be the last” African American to lead the military.I am enormously grateful for the service and the sacrifices of those who broke barriers before me—and although I may be the first African American Secretary of Defense, it’s my hope that I won’t be the last. pic.twitter.com/cT3fU6whmE— Lloyd Austin (@LloydAustin) January 12, 2021
      Appearing before the Senate armed services committee this week, Austin was asked how he planned to address rightwing extremism and white nationalism within the military, particularly as officials investigate the involvement of current and former service members in the violent attack on the US Capitol.Austin said he was committed to rooting out domestic extremism, telling lawmakers: “The job of the Department of Defense is to keep America safe from our enemies. But we can’t do that if some of those enemies lie within our own ranks.”Biden nominated Austin to restore stability atop the Pentagon and to rebuild America’s relationship with allies, frayed by the Trump administration, and orient the defense department to confront threats ranging from potential future pandemics to the climate emergency to refugee crises.“In my judgment, there is no question that he is the right person for this job at the right moment, leading the Department of Defense at this moment in our nation’s history,” Biden said as he announced his nomination of Austin for the role last month. He called Austin the “definition of duty, honor and country” and a leader “feared by our adversaries, known and respected by our allies”.Shortly after he was sworn in on Friday, Austin made his first official phone call to the Nato secretary general, Jens Stoltenberg, to reiterate the country’s “steadfast commitment” to the defense alliance that had been a target of Trump’s wrath for nearly four years. The White House press secretary, Jen Psaki, said he would be sworn in “more ceremoniously” by Harris on Monday.The Senate finance committee also unanimously supported the nomination of Janet Yellen for treasury secretary on Friday morning, setting up a final confirmation vote. Chuck Schumer, the Senate majority leader, said the full chamber would vote on her confirmation on Monday.• This article was amended on 22 January 2020. An earlier version referred to Lloyd Austin as a retired marine officer; he is a retired army general. More

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      Trump impeachment article to be sent to Senate on Monday, setting up trial

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      Democratic leaders announced on Friday that the article of impeachment against Donald Trump for incitement of insurrection would be transferred from the House to the Senate on Monday, setting up a trial of the former president.“The Senate will conduct a trial on the impeachment of Donald Trump,” the majority leader, Chuck Schumer, said. “It will be a fair trial. But make no mistake, there will be a trial.”The move was a stunning rebuke of a proposal a day earlier by the Republican Senate minority leader, Mitch McConnell, to delay transfer of the article and push the trial into February, to make “additional time for both sides to assemble their arguments”.Trump is the only president in history to be impeached twice. Conviction in the Senate, which would require a two-thirds majority vote, could prevent him from ever again holding public office.But in rejecting McConnell’s offer, Democrats did more than press the case against Trump. They also staked out a tough stance in an internal Senate power struggle, as the newly installed Joe Biden administration prepares to ask Republicans for support on initiatives including pandemic policy, economic relief and immigration reform.McConnell and Republicans lost control of the Senate with a double loss in runoff elections in Georgia earlier this month. But McConnell has been fighting for advantage, refusing to approve a basic power-sharing agreement in a body now split 50-50, unless Schumer promised to retain a Senate filibuster rule that enables the minority party to block legislation with only 41 votes.Schumer rejected that pitch by McConnell on Friday, too, demanding that Republicans approve the organizing agreement, which would for example grant the parties an equal number of members on each committee, with no strings attached.“Leader McConnell’s proposal is unacceptable – and it won’t be accepted,” Schumer said.The pair of forceful moves by the Democratic leadership signaled an intention to deliver on a mandate they feel they won last November and displayed an unaccustomed assertiveness after four years of Trump and McConnell.But the power plays also called more deeply into question whether Biden would benefit from any measure of Republican support as he attempts to answer multiple national crises.The most fierce Trump supporters in the Senate have threatened to hold hostage every ounce of Biden’s agenda, including cabinet appointments, unless Democrats called off the impeachment trial.“Democrats can’t have it both ways: an unconstitutional impeachment trial & Senate confirmation of the Biden administration’s national security team,” tweeted the Republican senator Ron Johnson, who until this week was chair of the homeland security committee. “They need to choose between being vindictive or staffing the administration to keep the nation safe. What will it be: revenge or security?”Johnson’s explicit threat to hold national security hostage to a political agenda was not echoed by most colleagues, and the Senate proceeded with key Biden confirmations on Friday. The body overwhelmingly confirmed Lloyd Austin as the first African American defense secretary in history by a bipartisan vote of 93-2, and the Senate finance committee unanimously advanced the nomination of Janet Yellen to be treasury secretary.While McConnell and others have expressed an openness to the charges facing Trump in his second impeachment trial, expectations are low that Democrats will find the 17 Republican votes they probably need to convict him.While the transmission of the article triggers the launching of trial proceedings, the schedule ahead remains uncertain, and is subject to negotiations. After the article of impeachment is transmitted, lawyers for Trump would be called on to submit a response from the president, and prosecutors from the House, known as impeachment managers, would submit pre-trial briefs.“I’ve been speaking to the Republican leader about the time and the duration of the trial,” Schumer said.Lawyers defending Trump will include Butch Bowers, a former justice department official recommended by Lindsey Graham, the South Carolina senator announced on Thursday. No lawyers from Trump’s impeachment trial last year were expected to return to his defense team.When Trump was first impeached in December 2019, the House speaker, Nancy Pelosi, delayed the transfer of the case to the Senate in an effort to prolong Trump’s political pain and to win concessions on how Trump’s trial would be conducted.But this time Pelosi moved quickly, her decision linked to an unusual number of moving parts with deep significance for the Biden administration and the future of the country.Democrats might have concluded that it would be a mistake to bargain for Republican support for Biden’s agenda, the top item of which is a $1.9tn Covid relief and economic recovery package.The Republican senator Susan Collins of Maine, a potential swing vote for Democrats, told reporters on Thursday that Biden’s plan was “premature”.The government watchdog group Fix Our Senate on Friday blasted McConnell for linking support for an organizing agreement in the Senate to the filibuster.“By threatening to filibuster a routine resolution that simply affirms that Democrats won the majority and can now lead committees,” said group spokesman Eli Zupnick, “Senator McConnell has made it crystal clear, to anyone with any remaining doubts, that his only goal is to undermine, delay and block the Biden agenda that the American people just voted for.” More

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      Donald Trump’s second impeachment trial rests in the hands of Republican senators

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      Democratic control of the US Senate could create problems for Donald Trump in the weeks ahead when the former president likely faces his second impeachment trial – but not because Democrats by themselves would be able to convict Trump on the charge at hand: incitement of insurrection.A two-thirds majority of voting senators – 67 if all 100 members vote – is still required to convict the president, and the Democratic caucus will number only 50 senators. Thus they would need 17 Republicans to join them to convict Trump.If convicted, Trump could be banned from ever again holding public office. If not, Trump, who won the votes of 74 million Americans just two months ago, might simply run for president again in 2024.Late Thursday it emerged that Senate Republican leader Mitch McConnell is proposing to push back the start of the Senate trial to give Trump time to prepare. He said he is suggesting the impeachment charge be presented to the Senate on 28 January and the trial to start two weeks after that.Senate majority leader Chuck Schumer said he was negotiating on timing but added “make no mistake about it. There will be a trial, there will be a vote, up or down or whether to convict the president”.The judgment facing Republicans is more political than constitutional, said Frank O Bowman III, author of High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump and a professor at the University of Missouri school of law.“If Republicans decide, as most of them will, maybe nearly all, to vote against this, it’s going to have nothing to do with their opinion about the behavior of Donald Trump,” he said.“It will have everything to do with their narrow political calculation about balancing whatever allegiance they may feel to the constitution with concerns about being attacked from the Trumpist right, to, on the other side, a sense that I suspect many of them have that if they could rid themselves of this turbulent priest, and not have to suffer any major electoral consequences, they’d do it in a minute.”On its face, 17 Republicans voting to convict Trump currently seems like an extremely tall order despite the widespread outrage at the attack on the Capitol by a pro-Trump mob that he had seemed to goad into action. Last time Trump faced an impeachment trial, in February 2020, only one Republican senator, Mitt Romney of Utah, cast a vote to convict him.But the political landscape has changed dramatically meanwhile. Disgust at the fatal sacking of the Capitol has only grown since 6 January, creating pressure on Republicans to condemn Trump, who appeared in person to speak to the mob before the attack and encouraged them to march on the building.Some Republicans might be eager to condemn Trump for other reasons, blaming him for their loss of the Senate majority, which happened because Republican candidates lost two runoff elections in Georgia in January, in a huge double upset.The most important Republican senator of all, minority leader McConnell – who would still be majority leader, if Republicans had won just one of those Georgia contests – has indicated that he might vote to convict Trump, whom he blasted on the floor of the Senate a day before Trump left office.“The mob was fed lies,” McConnell said. “They were provoked by the president and other powerful people. And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like. But we pressed on.”McConnell’s break with Trump is breathtaking for many political observers. The last time Trump faced an impeachment trial, McConnell promised “total coordination with the White House” on Trump’s defense, said there was “no chance” Trump would be convicted, and told Fox News, “the case is so darn weak coming from the House”.This time, McConnell has announced: “I have not made a final decision on how I will vote, and I intend to listen to the legal arguments when they are presented to the Senate.”As the Senate majority, Democrats will enjoy certain procedural perks during the impeachment trial. They will control scheduling, and be able to tailor the trial around the legislative priorities of president Joe Biden.Senate majority leader Schumer is coordinating with House speaker Nancy Pelosi about when the article of impeachment would be handed over, triggering the trial process. “It will be soon; it will not be long,” Pelosi said on Thursday.Unlike at Trump’s first impeachment trial, Republicans this time will have great difficulty blocking witnesses at the new trial, assuming all 50 Democratic senators stick together – although exactly how a tie would be broken on a procedural objection to the introduction of a certain witness is not yet clear, said Bowman.“I suspect this is the kind of thing that the Senate parliamentarian is hunkered down with somebody figuring out,” Bowman said.It is likewise unclear how many Republicans might follow McConnell if he indeed tips toward convicting Trump. Ten Republicans joined Democrats last week in the House to impeach Trump by a 232-197 vote – hardly a flood of defectors, and yet the most bipartisan impeachment vote in history.Up for election only once every six years versus every other year for House members, senators are more insulated from political tides. Anger at how Trump has divided their party could tempt some Republicans toward banishing him, as could fear of what Trump will do if he is permitted to run for office again.Other powerful currents of ambition and desire are at work. At least a half-dozen Republican senators hope to run for president themselves in 2024, potentially conferring a certain convenience on having Trump offstage.The narrow impeachment charge against Trump is strong on the merits, said Bowman, but the most powerful case against him would take in the entirety of his conduct after the election, when he attacked the democracy with wild false claims about voter fraud, pressured local elections officials directly to overturn state results and then summoned a mob to the Capitol to block the certification of the vote.“Donald Trump tried to overturn American democracy, there’s no way to get around that, that’s what he tried to do,” Bowman said. “And we came within a gnat’s whisker of having him succeed.“So, is that impeachable? Dammit yes, and it is plainly the most impeachable sequence of events that has ever come to our attention, because it is the biggest betrayal by an American president of American constitutionalism in the history of our country.“The sad fact is that despite the fact that that’s obviously true, to anybody who’s not a QAnon delusionist, he probably is going to skate anyway, because too many Republicans are more worried about their own electoral future than they are about preserving the constitutional order.” More