History to be afforded this honor. He was of course one of five people who died after the violent attack that looted and desecrated our Capitol Building on january 6th. Were also one week out from the former president s second Impeachment Trial, this time on the charge of inciting that insurrection at the capitol. We now know how house Impeachment Managers plan to make the case to convict the former president and what his own attorneys plan to offer as a defense. This morning those House Managers filed a sweeping, 80page pretrial brief that lays out in rather stark terms the events leading up to that riot that day, noting quote, trumps singular responsibility for that tragedy. After losing the 2020 election, President Trump refused to accept the will of the american people. He spent months asserting without evidence that he won in a landslide and that the election was stolen. President trump announced a save america rally on january 6th, promised it would be wild. Summoned a mob to washington, exhorted them into a frenzy and aimed them like a Loaded Cannon Down pennsylvania avenue. Hours later, trumps Defense Attorneys filed a 14page response of their own to the house article of impeachment, which by the way, included a typo on the cover page, addressed to the u. S. Senate and misspelling the United States. Trumps lawyers asserted the Constitution Quote requires that a person actually hold office to be impeached, and that trump exercised his First Amendment right to express his believes that the Election Results were suspect. Insufficient evidence exists to conclude that the 45th President s statements were accurate or not, and he therefore denies they were false, and 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 at the capitol, as it was clearly about the need to fight for election security. The majority of Senate Republicans agree with at least one part of this argument, that the trial is somehow unconstitutional because trump is no longer in office. Last week indeed they voted to toss out the trial on those grounds despite the fact that their chamber, some of their own desks, were ransacked. Today their leaders signaled that issue could be deciding factor again convicting trump. Do you go into the Impeachment Trial still having open mind look i want to listen to the arguments, issue upon which we voted is interesting constitutional question. I think we ought to listen to the lawyers argue the question. On the other side of the capital, the House Republican leader Kevin Mccarthy is under pressure to publicly reprimand congresswoman Marjorie Taylor greene, qanon supporter who spreads Conspiracy Theories and endorses political violence. Greene met with mccarthy tonight. Hes also facing calls to punish liz cheney for voting to impeach donald trump. Number three republican in the house, her fate and congresswoman greenes will be discussed in private meetings among republicans wednesday. Meanwhile Senate Majority leader Chuck Schumer moving forward on bidens relief bill, voted along party lines with democrats edging out republicans to vote on the bill. Days after biden met with Senate Republicans in the oval office, proposing a much smaller 600 billion measure. Schumer revealed what biden told him about that meeting. He said that he told Senate Republicans that the 600 billion they proposed was way too small. I think it is his belief, secretary yellens belief, our belief, if we did a package that small, wed be mired in the covid crisis for years. Nbc news reporting that white house wants a relief bill passed by 14th of march, thats when extended Unemployment Benefits run out for millions of americans. If necessary theyre willing to do it without republican support. Biden has two more Cabinet Members. Senate has confirmed alejandro mayorkas, and pete buttigieg. First lbgtq Cabinet Member in history. Executive orders, dismantling the immigration agenda. First a task force to reunite families separated at u. S. mexico border. While signing the orders, the president defended his actions. I want to make it clear, theres talk with good reason about the Executive Orders ive signed. Im not making new laws, im undoing policy. Were working to undo the moral that ripped children from the arms of their families and remove the stain on our reputation that the separations have caused. With that, our leadoff guests, ashley parker, Pulitzer Prize winning bureau chief for washington post. Melissa murray, Nyu Law Professor and clerk for Sonia Sotomayor on u. S. Court of appeals and welcome josh for bloomberg news. Ashley, some real emotion and solemnity in the capitol tonight, and timing is interesting. A week from tonight, first day of the Second Senate trial will be over. Well be talking about that. Given the fact that the new president really wants the support of the other party, what is the atmosphere, if you had to sum it up, in the capital city tonight . Well, what were seeing tonight in some ways is a bit of what the Impeachment Managers would like to put on display during the senate trial. Again as you saw tonight, as i think we should expect to see next week, you dont need to gild this, overproduce this, hype this, the horror and devastation of that january 6th day, the insurrection against the United States capitol by an angry mob egged on by a president spewing misinformation and Conspiracy Theories is sort of enough. The solemnity and again the horror, thats what they hope they can get the senators to not even understand but frankly to reremember, and relive that gravity as theyre weighing how to vote in this Impeachment Trial. Professor, ill say this so you dont have to speak ill of a fellow lawyer, the president has struggled to get top tier legal representation, for some time now. As we saw over the past weekend, five lawyers walked off the task today. It is an unpardonable offense to misspell the United States in your lead brief laying out your defense in a senate trial. That aside, i also want to read you a quote from the president s attorney, mr. Schone. This is from the new york times. He added that he believed that a conviction of mr. Trump by the senate risked chilling the rights on any passionate speakers. We cant control the reaction of the audience, he said. Mr. Schoen pointed to another arlt, some of the Trump Supporters planned their attack in advance, suggesting that mr. Trump was not inciting force. Of course trump was part of the buildup for days prior to that. Professor, once and for all, lets talk about limits on free speech. Were going to be talking about this probably for the next two weeks. Where do my limits where does my right to free speech impinge upon your rights as a free citizen . First thing to remember, brian, the First Amendment is a restraint on government from imposing on the rights of private citizens. Theres a broader question of whether the First Amendment is indeed a defense for Government Official facing accountability for his actions in office. Irrelevant to that though, the broader question of what are limits on the First Amendment. And its clear its not a defense for speech that incites violence. Arguably that is what we have here, for which even if the president was not a Government Official, there would be no defense that would fall under the First Amendment. Josh, its great to have you on the brought. So the white house is on the record today saying they will go this alone if need be, straight up and down party line vote, but would rather get Crossover Support from across the aisle. And also said today that 1. 9 trillion still remains their number, a big gap from what the republicans the president hosted yesterday are looking for. Did plant some flags today, jen psaki saying household making 120,000, dual income, should qualify. You have to sift through it. See chances or negotiation, or at least a show. Unclear whether the republicans were attempting to use the president with yesterdays meeting or viceversa, but end of the day there are all kinds of signs that democrats are prepared to push ahead unilaterally on this, see it as so core to not only agenda and Campaign Message but the success of bidens presidency early on in the early months. They inherited a pandemic that was much worse than they thought on election day. Ashley, this is a little bit off your beat but something were going to discuss later in the hour. That is the republican brand these days. When you think about it, Leader Mccarthy has a dual problem, push in membership to punish number three in management, daughter of the former Vice President , atlarge congresswoman in wyoming, only one Congressional District and shes it. At the same time a push from Larger Society et al. To punish, removing Committee Assignments for a fullon qanon believer, and i guess that sums up the Republican Caucus in the house in a nutshell. It sure does, brian, and its the existential crisis facing the Republican Party. What it reminds me of, in the near past the 2010 tea party movement. There was Faustian Bargain and political opportunism there with the Republican Party. Saw candidates not in the mainstream of the party, on the fringe, and saw a way to win. So you had two things happen, one in solidly conservative districts, states that should have gone for republicans, outlier candidates won primaries, then lost in general election, hurting the Republican Party of course. Then you did have victories, they won a lot of seats. But what that led to with the Republican Caucus was john boehner, speaker at the time, he was in power and always getting stymied and having to negotiate with the House Freedom caucus. Hardline members who came in on that wave and did not espouse traditional conservative principles and language and behavior. And that could be the case again. Its too early to tell. Mccarthy is grappling with this in realtime, in highly public fashion, but seems where the party is headed. Even though members privately say what Marjorie Taylor greene is saying with qanon and other statements they dont agree with, theyre terrified of angering her supporters, Trump Supporters in many ways, they may let the party be pulled in that direction. Not just dangerous for the country but for the Republican Party. Aoc shared a personal moment on instagram live, part of extended comments, her experience on 01 06, as a result had what was perceived a real moment of personal power, matched today by several members of congress. I want to play for you congresswoman jackie speer of california, who of course survived multiple Gunshot Wounds in jonestown, guyana, and talked about that day and all of it in context. I was on that gallery floor, and told to lie down on there, then i heard the shot ring out. Of course it took me back in time i remember lying my cheek on the cold marble floor and thinking can this be happening . Am i going to die in my own country in the Sacred Temple of democracy when i survived in the jungles of guyina . So professor, my point is, heard from two powerful members of congress in 24 hours. So many members of congress are witnesses to what happened. This is going to be tried with senators sitting at desks that were rummaged through. What about calling witnesses, what should our viewers know about that decision, about that choice . Well, to be clear, it was never going to be the case that this Impeachment Trial was like any other ordinary criminal trial or other civil trial or proceeding. It always had an element of political theater to it. Didnt have the same standards as criminal trials or evidentiary requirements, it was completely different animal and this will be even more so. Weve never had Impeachment Trial of former president based on claims of insurrection against the congress itself. Trauma of that day is certainly part of the narrative, it is laced in the briefs that the House Managers filed. It is part of the defense that the president himself has lodged in his own defense, and it will be part of the narrative here. These are jurors not like ordinary jurors, theyre partisan in many respects but especially in that they were there, they saw this, knew what happened. And unlike any other american, they more than anyone else can bear witness to what happened on that day. And it would be relevant i think for the American Public to hear what it was like to be in that chamber on that day. Josh, also relevant sometimes is atmospherics, if i can get the word out, the stuff we cant see at home but you can feel being there. I noted you and jen psaki got into it a little bit today at the briefing, but im tempted to ask, what is it like, whats the contrast like, what is the vibe like, whats the information flow like, covering this still 14dayold white house . I think the jury is still out a little bit, proverbial jury, the daily briefings have made quite a difference, but this white house hasnt decided what distinction they want to draw with trump, even in cases where they have a clear distinction, like managing the pandemic. President trump took every opportunity he could to minimize. Theyve been caught over their skis a couple of times. Today the incident you mentioned was whether theyll keep the space force, entire branch of the military, which i didnt think was out of the realm question, and theyve since clarified they might bring folks up for briefing on that. They seem to be settling in. Rallying cry for the democrats was get trump out. Since theyve taken over, trying to figure out new north star for themselves. Definitely different. For instance, plexiglass barriers on desks, masks, often two masks at all times. This is a sharp divergence. And tonight with the president when we went to the capitol with Officer Sicknick lying in honor in the rotunda. Biden didnt bring in the press corps. Dont remember a lot of times traveling with President Trump where he left the press corps. Interesting. All interesting and relevant. Terrific to have big three with us to start off. Ashley parker, professor melissa murray, josh wynn grave, welcome and thank you. Coming up, your chances of getting the vaccine will increase in just a matter of days. Ill ask if thats fast enough considering the need. You know a story is going to be good when you hear the start of four Conspiracy Theorists walk into the oval office. New report of what might be the most troubling meeting of the trump presidency, if indeed such a thing can be determined. All of it as our broadcast is just getting under way on this tuesday night. Stay restless with the icon that does the same. The rx crafted by lexus. 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