Attack unlike any weve seen in our lives. The managers case straightforward and comments by his violence supporters to show he instigated the attack and plan to rebut the notion a president cannot be tried after leaving office. As for the defense, well, their brief begins with a mistake, a pretty sloppy one at the top of page one as you see there, the lawyers misspelled United States. Those are the ex president s lawyers. From there they argue an ex president cannot be convicted on constitutional grounds. In addition, they make a claim thats easily disproved, reading from their brief quote it is admitted that after the november election, the 45th President exercised his First Amendment right under the constitution to express his belief that the Election Results were suspect. The brief goes on to say quote insufficient evidence exists upon which a reasonable juriest could conclude the 45th President s statements were accurate or not and thereafter denies they were false. Insufficient evidence . A reasonable juriests. 67 decided otherwise and they were elected judges and appointed judges and republican judges and trump appointees and they sit on the United StatesSupreme Court. The claims made by the president s mob of attorneys in the weeks after the election were without merit. They all decided the Election Results were not suspect. The State Of Georgia recounted the ballot four times. Is that insufficient evidence . When the ex president asked this at the rally, he already had the answer. By the way, does anybody believe that joe had 80 million votes . Does anybody believe that . Yeah, 80 Million People at least do. Every single Secretary Of State, also, dellmocrat and republican believed it. Every single Secretary Of State in every state. Is that insufficient evidence . Is it insufficient evidence that one even told the former president directly just a few days before the rally Georgia Republican and supporter of the former president , brad, here is a portion of their phone call. We have won this election in georgia based on this and there is nothing wrong with saying that, brad. The people in georgia are angry and the people in the country are angry and there is nothing wrong with saying that youve recalculate. Mr. President , the challenge that you have, the data you have is wrong. The data you have is wrong. Is that insufficient evidence . Again, thats the guy who voted for the former president who wanted him to win. He just didnt want to lie and cheat for him and here is his deputy, also republican back in december warning the former president about the violent consequences of lying about Election Fraud. Mr. President , you have not condemned this language or actions. Senators, you have not condemned this language or actions. This has to stop. Someone will get hurt. Someone will get shot. Someone will get killed. That was more than a month before the attack. Four days later, armed Trump Supporters descended on the home of michigan Secretary Of State stoked by the defeated president s false claims about Election Fraud there. A week later, socalled stop the steal rallies across the country turned violent. You see it there. Four people are stabbed in washington. That same morning at 8 05 the president tweets quote i won the election in a landslide. House Impeachment Managers plan to show precisely This Incite M Ment and effect. Not all supporters are violent. Far from it. Were talking about violent supporters. This video compiled by the organization shows the former president s remarks on the 16th Of January Synchronized from videos posted mainly on social media. Here is a portion. Well walk down to the cap capitol. Capitol. Do the right thing. Take the capitol take the capitol take the capitol so thats how the former president s words were received by a number of people who have been fete a diet month after month of lies. By the former president. Weve been told they have been told not to believe the officials and judges and support court judges, not to believe the electors. Theyve been told that both day and night, day after day they have every right to be angry yet somehow his attorneys in their filing today claim and i quote it is denied that the phrase if you dont fight like hell youre not going to have a country anymore had anything to do with the action of the capitol as it was about the need to fight for Election Security in general. It sure doesnt seem like a lot of the folks who attacked the capitol were just doing it for Election Security in general. That didnt seem to be the rallying cry. Some of them were overly comparing this overtly comparing this to a new American Revolution and chanting about hanging mike pence. I said were going, fighting back. Whats the point . Whats the end game . Whats the point . Yeah. Were losing our freedom. What do you mean whats the point . Describe it to me. You not even knowing explain it to me what are we supposed to do . Okay . Tell me. The Supreme Court isnt helping us. Nobody is helping us. Only us can help us. Only we can do it. Lets go what are you going to do . Whatever we have to do. What do you think 1776 was . What do you think 1776 was . That guys name is bar bardon shilvel. Hes been charged with violent entry and more. The president s team of attorneys will be arguing that he was just at the Capitol Fighting Metaphorically for Election Security in general. Looking at the capitol tonight, hard not to think of everything that happened and seven lives lost in the wake of it, lives taken, not lost and shortly tonight, one of the fallen returns home to it. The question now is how will he be honored by the men and women he protected and the democracy he dieed td to save. Perspective from benjamin and pete, former u. S. Attorney for the Southern District of new york. So ben, the filing from the former president s legal team alleging his claims of voter fraud cannot be proven false, what do you make of their filing . They had a simple task to keep the 45 republican senators that voted with them on the constitutionality provision happy and they opened up a couple of doors that are going to cause great nervousness. One of them is the First Amendment part that is using protected speech even though it led to the incitement of a riot and the notion that there was not sufficient proof and all the court cases you referred to before and the certificates by the individual states that their votes were correct. And what are you saying about the election has never received any evidence at all and thats going to make the republican senators quite nervous. Do you agree with that . I mean, because what ben is saying essentially is that the argument alone of its unconstitutional you cannot put a former president , you cannot impeach a former president , you cant put him on trial for impeachment for when he was in office if they had just stuck to that, that would give cover to a lot of senators to say yeah, well, i agree with that. We dont need to go to the m merits of the charges because just unconstitutional. Look, i mean, these jurors are not tradition l al jurors a they can choose to base their vote on anything they want and choose to base their vote on a constitutional argument that by the way, is not only wrong if you talk to the overwhelming majority of legal experts but failed with respect to a particular vote in the senate. We already have that vote. 5545. Five republicans said its okay and constitutional and proper and legal to proceed. You can, in fact, have a senate trial of impeachment with respect to a former president so in someways, that question is settled and i dont know that senators at either party have much pause when it comes to what their strong believes are and on the republican side, what they want to avoid saying or doing. Ben, is that settled . I mean, the argument that a former president can be impeached . I dont think its settled. There isnt a court ruling about it. The congress is a judge of procedures and there is nothing to stop the 45 republican senators for voting not to convict because theyre wrong about the constitutionality argument. There is no consequence against that, which is way the democrats need to present and have indicated they need to present a strong vision case to try to get republicans nervous and again, that brief filed today is helpful to the democrats today, actually. Helpful to the democrats because it raises uncomfortable questions that challenge republicans . Yes, precisely. I mean, the notion that donald trump was right about Election Fraud is an argument that republican senators dont have to make. When they challenged State Certifications on january 6th. They never argued that there was fraud involved. Now Donald Trumps lawyers have brought that Subject Back Up in that portion of their answer that you just read. Pete, when you look at the what was filed by the president s attorneys, they misspelled United States off the top. How does Something Like that just fall through the cracks . Are they rushing to get it to kinkos to print . Look, its not a brilliant piece of legal writing but to give them some credit, and to forgive them somewhat, they dont have a lot to work with. The arguments the president is making and the arguments they must have had with their own client, the president given the reporting about a raft of lawyers resigning from the case a few days ago, its a very challenging thing apparently, both financially because he doesnt like to pay his bills apparently and substantively to represent the president this president and former president of the United States and so they dont have a lot to work with. Theyre being dictated things probably literally probably sentences being dictated by donald trump. They were in a rush because they were only retained recently and this is the product you get. By contrast, you have a very carefully thought out i mean, just trying to be objective about it, you have a well written 80page submission with democrats in favor of the conviction of the article of impeachment that lays out i think a very clear narrative, marshalls the evidence and makes legal arguments that make sense and to my quick eye no glaring typos on page one. As a former prosecutor, how do you think the House Manager should go about presenting their c c case . It was said they would make an emotional case based on videos and arguments that appeal to passion and some may think that doesnt make the best possible case, you argue facts and rules but think about what is being alleged here. What is being alleged here is that the president of the United States incited an insurrection. The way you incite an insurrection is appealing to passion and causing people knowing they are able to be stoked into this and having Warning Signs as you pointed out from the election official in georgia if you dont tone down the rhetoric, bad things will happen. People will be armed and killed. That turned out to be true. The entire nature of the proceeding because of the high crime or misdemeanor being charged is very saturated with emotion and so i think its an appropriate way for them to go about it to show the public that donald trump had every reason to foresee that violence would occur if he spoke the way he spoke and didnt calm people down. Yeah. And that he wanted to overturn the election. Not just that he was promote thing idea of protest, he wanted a particular action. He wanted that action from the secretary of the State Of Georgia. He wanted that action from his own Vice President , mike pence, and when those things failed and a bunch of that i mentioned, he wanted those protesters, the context shows to figure out a way by force to impede the counting of the votes and overturn the election. Thats clear. Appreciate it. Thank you. Joining us is Hakim Jeffreys that served in the president s first trial. Thanks for being with us. What do you make of the trump teams legal argument that the trial is unkoconstitutional because donald trump is no longer president and his speech is protected because there is no proof that he was wrong about Election Fraud . Well, certainly a settled question that the trial can proceed even when a former executive branch, the insurrection that it will come at the end of a president s term to halt the peaceful transfer of power and so it would defy logic and accountability if someone could simply halt a trial because there was a failed coup attempt or failed attempt at insurrection and thats not compelling at all and with respect to the alleged truthfulness of the president s ama remarks, every reasonable person knows joe biden won the election. He won the election by more than 80 million votes. Hes working on tough challenges on behalf of the American People and it was donald trump who is the individual who accept the results and radicalize millions of people that resulted in the violent attack on the capitol on january 6th. The idea the Defense Theme would include the false claims in the former response to congress and state insufficient evidence exists to make a determination on those claims, ben was saying that its just ridiculous. I mean, those claims have been rejected and some 60 court cases. We have a client in the former president , twice impeached president and disgraced president who is directing his legal team to do his bidding and carry out this narrative fantasy of the presidency being stolen. The great lie is continuing to be perpetrated by donald trump and thats why we are where we are and the hope is there will be enough descent and fair minded Senate Republicans that will follow the facts, apply the law, be guided by the constitution and let the chips fall where they may once the compelling evidence by the Impeachment Managers is presented and hold him accountable for the charge of inciting a violent insurrection. The rules of the trial are being finalized. Senator Lindsey Graham on fox news yesterday said if democrats hold a lengthy trial, it could open quote a pandoras box. What do you make of that . Well, i think Lindsey Graham is divorced from reality at this particular point in time because hes no longer in charge of making these decisions on his side of the aisle and suppressing the ability of witnesses to be called or threatening to call irrelevant witnesses. That was the gain that the republican senators played during the last Impeachment Trial when they controlled the majority but there is a in sheriff in town as it relates to what is going on in the senate and fairness is going to dictate the witnesses that i believe will be called in this trial and thats a good thing for truth, for justice and for the American People. Congressman joaquin jeffreys, appreciate your time. Thanks. Breaking news on what happens to the freshman republican congresswoman who questioned if the Parkland Shooting was a false flag operation and doubted if a plane hit the Pentagon On 9 11 and her support of qanon believes. What the party will do or wont do and what it will say about the party. George conway joins us and the Covid Veariance and how concernd we should be. What lies ahead to a category five hurricane. The lexus es, now available with allwheel drive. This rain is bananas. Lease the 2021 es 250 allwheel drive for 349 a month for thirty six months. Experience amazing at your lexus dealer. Dad, im scared. Its only human to care for those we love. And also help light their way. Its why last year chevron invested billions of dollars to bring affordable, reliable, ever cleaner energy to america. Were waiting for word from a meeting happening now between the Top Republican in the house and freshman republican Marjorie Taylor greene, the Conspiracy Theory supporting republican from georgia whom the former president called a future star. Shes a cu cue none qanon supporter and remarks shes made in the past. Here she is in some newly uncovered video before a protest two years ago advocating her followers stormed the capitol. If we flood the capitol building, flood all the government buildings, go inside, these are public buildings we own them. We own these buildings. Do you understand that . We own the buildings and pay all the people that work in the buildings. We asked the congresswomans office for comment on the video and got no reply. Shes still tweeting, the retweet of a letter with unproven allegations of house members. Republican leaders showed science signs of losing patience with her but they seem more willing to discipline members like liz chee k cheney. George conway, good to have you on the program again. So this new congress has been in session for almost a month. What is it to say republicans cant decide if theyre