E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION Vol. 167 WASHINGTON, TUESDAY, FEBRUARY 9, 2021 No. 24 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, February 11, 2021, at 9 a.m. Senate TUESDAY, FEBRUARY 9, 2021 The Senate met at 1 p.m. and was TRIAL OF DONALD J. TRUMP, sel, and is cosponsored by the Repub- called to order by the President pro PRESIDENT OF THE UNITED lican leader. It is bipartisan. tempore (Mr. LEAHY). STATES It is our solemn constitutional duty to conduct a fair and honest impeach- f The PRESIDENT pro tempore. The Senate will convene as the Court of Im- ment trial on the charges against PRAYER peachment. former President Trump—the gravest charges ever brought against a Presi- The Chaplain, Dr. Barry C. Black, of- The PRESIDENT pro tempore. I ask dent of the United States in American fered the following prayer: Senators to be seated. history. Let us pray. THE JOURNAL Eternal God, author of liberty, take If there is no objection, the Journal This resolution provides for a fair control of this impeachment trial. of proceedings of the trial are approved trial, and I urge the Senate to adopt it. Lord, permit the words of the New Eng- to date. Mr. President, I send a resolution to land poet James Russell Lowell to pro- I ask the Sergeant at Arms to make the desk on my behalf and that of the vide our Senate jurors with just one the proclamation. Republican leader for the organizing of perspective. Lowell wrote: The Acting Sergeant at Arms, Jen- the next phases of this trial. nifer A. Hemingway, made the procla- The PRESIDENT pro tempore. The Once to every man and nation comes the mation as follows: moment to decide, In the strife of Truth with clerk will report the resolution by Falsehood, for the good or evil side. Hear ye! Hear ye! All persons are com- title. manded to keep silence, on pain of imprison- The legislative clerk read as follows: Mighty God, could it really be that ment, while the Senate of the United States simple? Could it really be just truth is sitting for the trial of the Article of Im- A resolution (S. Res. 47) to provide for re- striving against falsehood and good peachment exhibited by the House of Rep- lated procedures concerning the article of striving against evil? resentatives against Donald John Trump, impeachment against Donald John Trump, former President of the United States. Powerful Redeemer, have mercy on former President of the United States. our beloved land. The PRESIDENT pro tempore. I note VOTE ON S. RES. 47 We pray in Your magnificent Name. the presence in the Senate Chamber of The PRESIDENT pro tempore. The Amen. the managers on the part of the House question is on agreeing to the adoption of Representatives and counsel for the of the resolution. f former President of the United States. Mr. SCHUMER. I ask for the yeas PLEDGE OF ALLEGIANCE RECOGNITION OF THE MAJORITY LEADER and nays. The President pro tempore led the The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Is Pledge of Allegiance, as follows: Democratic leader is recognized. there a sufficient second? PROVIDING FOR RELATED PROCEDURES CON- There appears to be a sufficient sec- I pledge allegiance to the Flag of the CERNING THE ARTICLE OF IMPEACHMENT United States of America, and to the Repub- ond. AGAINST DONALD JOHN TRUMP, FORMER lic for which it stands, one nation under God, The clerk will call the roll. PRESIDENT OF THE UNITED STATES indivisible, with liberty and justice for all. The legislative clerk called the roll. Mr. SCHUMER. Mr. President, in a f moment, I will call up a resolution to [Rollcall Vote No. 56] govern the structure of the second im- YEAS—89 CONCLUSION OF MORNING peachment trial of Donald John Baldwin Blunt Burr BUSINESS Trump. Barrasso Booker Cantwell Bennet Boozman Capito The PRESIDENT pro tempore. Morn- It has been agreed to by the House Blackburn Braun Cardin ing business is closed. managers, the former President’s coun- Blumenthal Brown Carper ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S589 . VerDate Sep 11 2014 01:38 Feb 10, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A09FE6.000 S09FEPT1 dlhill on DSK120RN23PROD with SENATE S590 CONGRESSIONAL RECORD — SENATE February 9, 2021 Casey Kaine Rosen You will not be hearing extended lec- Mr. TRUMP. The Constitution says you Cassidy Kelly Rounds tures from me because our case is have to protect our country and you have to Collins Kennedy Sanders protect our Constitution. And you can’t vote Coons King based on cold, hard facts. It is all about Sasse on fraud. And fraud breaks up everything, Cornyn Klobuchar the facts. Schatz doesn’t it? When you catch somebody in a Cortez Masto Lankford Schumer President Trump has sent his lawyers Cotton fraud, you’re allowed to go by very different Leahy Shaheen here today to try to stop the Senate Cramer Luja´ n Shelby rules. Crapo Lummis Sinema from hearing the facts of this case. So I hope Mike has the courage to do what Daines Manchin Smith They want to call the trial over before he has to do. Duckworth Markey Stabenow any evidence is even introduced. Unidentified Male. Talking about you, Durbin McConnell Sullivan Pence. Ernst Menendez Their argument is that if you com- Tester Feinstein Merkley mit an impeachable offense in your Mr. TRUMP. When we fight, we fight like Thune Fischer Moran last few weeks in office, you do it with hell. And if you don’t fight like hell, you’re Gillibrand Murkowski Tillis not going to have a country anymore. Graham Murphy Toomey constitutional impunity; you get away Unidentified Male. Fuck DC police. Fuck Grassley Murray Van Hollen with it. In other words, conduct that you. Hassan Ossoff Warner would be a high crime and mis- Mr. TRUMP. So we are going to walk down Warnock Heinrich Padilla demeanor in your first year as Presi- Pennsylvania Avenue. I love Pennsylvania Hickenlooper Peters Warren Hirono Portman Whitehouse dent and your second year as President Avenue. And we are going to the Capitol, and Hoeven Reed Wicker and your third year as President and we are going to try and give our Repub- Hyde-Smith Risch Wyden for the vast majority of your fourth licans—the weak ones because the strong Inhofe Romney Young ones don’t need any of our help. We are going year as President you can suddenly do NAYS—11 to try and give them the kind of pride and in your last few weeks in office without boldness that they need to take back our Cruz Lee Scott (FL) facing any constitutional account- country. Hagerty Marshall Scott (SC) ability at all. Unidentified Male. Get the fuck out of Hawley Paul Tuberville Johnson Rubio This would create a brandnew Janu- here, you traitors. ary exception to the Constitution of The PRESIDING OFFICER. The majority The PRESIDENT pro tempore. On the United States of America—a Janu- leader. this vote, the yeas are 89, the nays are ary exception. And everyone can see Mr. MCCONNELL. We are debating a step 11. that has never been taken in American his- The resolution (S. Res. 47) was agreed immediately why this is so dangerous. tory. to. It is an invitation to the President to Unidentified Male. Fuck you, traitors. (The resolution is printed in today’s take his best shot at anything he may Mr. MCCONNELL. President Trump claims RECORD under ‘‘Submitted Resolu- want to do on his way out the door, in- the election was stolen. The assertions range tions.’’) cluding using violent means to lock from specific local allegations to constitu- that door, to hang on to the Oval Office tional arguments to sweeping conspiracy ORDER OF BUSINESS theories. The PRESIDENT pro tempore. Pur- at all costs, and to block the peaceful transfer of power. (People chanting: ‘‘USA.’’) suant to the provisions of S. Res. 47, Mr. MCCONNELL. But my colleagues, there shall now be 4 hours of argument In other words, the January excep- nothing before us proves illegality anywhere by the parties, equally divided, on the tion is an invitation to our Founders’ near the massive scale—the massive scale— question of whether Donald John worst nightmare. And if we buy this that would have tipped the entire election. Trump is subject to the jurisdiction of radical argument that President Unidentified Female. Our house, our house, Trump’s lawyers advance, we risk al- our house, our house. a Court of Impeachment for acts com- (People chanting: ‘‘Fight for Trump.’’) mitted while President of the United lowing January 6 to become our future. And what will that mean for Amer- Unidentified Male. Fuck you, police. States, notwithstanding the expiration Unidentified Male. Let’s go. Let’s go. of his term in that office. ica? Think about it. What will the Jan- Officer GOODMAN. Second floor. Mr. Manager RASKIN, are you a pro- uary exception mean to future genera- Unidentified Male. You are gonna beat us ponent or an opponent of this question? tions if you grant it? I will show you. all? Are you gonna beat us all? Mr. Manager RASKIN. I am a pro- (Video footage of 1–6–2021.) Mr. LANKFORD. My challenge today is ponent.