10 February 2021
The made-through-TV impeachment presentation delivered by House managers presented a gripping narrative for the public but the rambling, legalistic rebuttal Donald Trump's attorneys presented won Tuesday with the pivotal Senate jurors.
Why it matters: The House managers are playing the outside game; they know it's a long shot their prosecution will alter the final result, so they're trying to shift public opinion. Trump's defense is playing an inside game — they're doing just enough to sustain the votes needed to acquit the former president.
- "Not a single thing will change," Sen. Tim Scott (R-S.C.) told Axios. "The outcome is set."
Background: An impeachment proceeding is neither a court case nor subject to popular vote. Instead, it's a political proceeding. As a test vote on Tuesday showed, the opening arguments — including a gripping 13-minute video montage aired by the Democrats — did not change the expected outcome.
- The only people who matter are the jurors, and Republican senators are the only persuadables. Tuesday's largely party-line vote about the trial's constitutionality made clear Trump will almost certainly be acquitted in the end.
- Only one additional Republican — Sen. Bill Cassidy of Louisiana — was convinced to change a prior vote and agree the trial was constitutional.
- "I thought they did what they needed to do," Sen. Roy Blunt (R-Mo.) said of the Trump lawyers. "The end result is what really matters."
Democrats didn't sound optimistic, even after the managers' video presented a vivid, three-dimensional timeline. The footage showed Trump's pre-insurrection statements, crowd members regurgitating them and lawmakers fleeing for their safety as police sought to protect them barely a month ago.
- "I don't want to presuppose the conclusion, but I will say that it says a lot to have all these issues aired before the American public," Sen. Cory Booker (D-N.J.) said. "Perhaps speaking to this for the historical record can help us prevent it from happening again."
Another of the six Republicans who voted in favor of the trial's constitutionality, Sen. Lisa Murkowski of Alaska, said she was "stunned" by the opening of Trump's defense.
- "I couldn't figure out where he was going," she said of attorney Bruce Castor. "I think they sure had a missed opportunity with their first attorney there.”
- CNN reported Trump also was unhappy with Castor, nearly screaming in frustration at the meandering opening argument.
Up next: The trial resumes at noon Wednesday, when the House managers begin to present their case. Both sides will get a total of 16 hours — split over two days however each side wants — to present their respective cases.
- The proceedings will continue daily through the week, including Saturday and Sunday, if necessary, as both sides try to end it as soon as possible for vastly different reasons.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.