The u. S. Senate. Just days after his impeachment in the house he accepted an invitation by Speaker Nancy Pelosi to give his annual state of the Union Address on february 4th. A speech which could be overshadowed by his upcoming trial. The president wants an immediate trial in the senate, but the timing is now up in the air as democratic and Republican Leaders are going over the rules. Sarah westwood is in West Palm Beach near the president s home. The president was able to pass a spending bill, what more can you tell us about it . That is right, that spending bill they were able to come to an agreement on top issues, for example funding for construction of the border wall was kept at current levels so the Trump Administration getting a little money for that as well, and also a pay raise for all military and civilian workers, but of course that spending bill passed amid the backdrop of ongoing tensions between the white house and lawmakers on capitol hill as house Speaker Nancy Pelosi continues to hold them in the agreement. They are trying to force the senate as what they see as a fair trial. They say the president wants that trial to start as soon as possible. They want to vindicate him. So he and aides will be working on crafting the legal defense, the strategy, heading into the senate trial and there are a number of Unanswered Questions that remake for example who will deliver the opening and Closing Argument and if there is space on the defense team for people outside of the white house. Some conservative members theyre thinking about bringing on. All right, and let me shift gears a little bit, there is a number of lawmakers calling on one of the president s top advisors to be dismissed from his job. Is the president hearing that advice or even responding to it . That advisor has been the target of criticism for democrats since the start of the trump presidency. There are 25 house and senate juish democrats calling for miller to be relieved of his duties. And those came from a breitbart editor saying her editor would try to change her writing. They said miller was antisemitism. Okay, czsarah, keep us poste. Negotiations over his senate trial remain in a deadlock. So far no set rules or impeachment managers and now theyre accusing Mitch Mcconnell of going rogue. I admit that im not sure what leverage there is in refraining from us sending something we do not want. Well see if House Democrats ever m to work up the courage to take up their pack cue sags to trial. Our founders suspected there could be a rogue president. I dont think they expected a rogue president and a rogue Senate Leader at the same time. Theyre not transmitting them to the senate, but where are negotiations about schumer in trying to set the parameters of this impending trial. They are stuck. They had a meeting on thursday after that historic vote, but there has not been any major developments since the initial conversations and it is kind of stuck. Theyre at a very big split where democrats lead by Chuck Schumer are pushing for testimony from witnesses including the former White House National security advisor john bo bolton and mick mulvaney. They also want the white house to finally comply with some of the subpoenas or documents. On the other hand, Mitch Mcconnell is a saying there is no more investigation, no more fact finding, they should look at what came over from the house and take a pretty quick vote, so there is no huge progress on that and the senate doesnt even officially have these articles of impeachment on their side. They have not voted to authorize the house managers and send them over. Of course House Speaker pelosi is saying she will not name the house managers until she gets an idea of how the trial would proceed. Mitch mcconnell said she should not or doesnt have the leverage. You know, i think everybody here thinks they have the leverage, per se, but she is playing is close and wants to let things play out. Most americans agree with the democrats on the we of question the witnesses should be called to testify, so she might be banking on some of those public views to push the republicans, but you heard Mitch Mcconnell, he doesnt even think that the president is guilty. He said the president is innocent of this so if you dont want to send him over for a trial, be my guest. Thank you, were going to talk to Sheila Jackson lee now. Congresswoman, happy holidays, happy you could be with us. Thank you so much, may i wish you and your family and the nation a very precious holiday season. Thank you so much. How would you describe what is happening right now. Nancy pelosi says she wont assign managers until the u. S. Senate makes clear how the trial will play out and then you have the u. S. Senate claiming that the house is Holding Things up. Mitch mcconnell even questioning pelosis leverage. Make sense of all of this, how do you sum it up . I belief the American People over this period of time that democrats emphasize that what we were doing was our constitutional duty and it was in adherence to our constitution, and what the speaker is doing is adhering to the constitution. I read the oath. That the senators must take. It is an oath or affirmation. It says that i pledge or i affi affirm, or swear, to be an impar sht juror according to the constitution. The constitution set up the impeachment process. The president has been impeached. He was impeached when the vote was taken by the u. S. House of representatives in a baipartisa manner. Sow youre making it clear that it is not impending the articles being transmitted . I believe the vote of impeachment means that the president will always have on his legacy that he was impeached, yes. What were doing now is the question of transmitting the articles of impeachment to the u. S. Senate. The speaker believes that the constitution requires fairness. One of the things they was remove the Vice President as offer of the senate and they put the chief justice, why . They wanted the fairness of this process. And is it clear . For everyone acquitted or not. Sorry about that. Mcconnell seems to believe that he has all power to not adhere to the constitution and do whatever he desires to do and i dont think americans understand that. They dont want to go into a courthouse where there is no rules or regulations. We dont want to go into it with no idea how the rules and understandings about how they will proceed. You want fairness, and Mitch Mcconnell is using that same language to say that he wants a fair trial and that doesnt mean it includes witnesses, but is it witnesses that the House Speaker, you, other democrats are waiting to hear real clarification on before sending over the articles . Or are there other matters that are trying to be worked out when looking at the process of what a senate trial would be before those articles are transmitted . I think the question, i think you asked a very potent and pointed question. Here is the distinction if we want to use the clinton impeachment which i was a participant in as a member of the judiciary committee. There was a prosecutor that interviewed every witness that the prosecutor thought they needed. At the same time the president s counsel was made available even participated. I think that senator mcconnell knows all of the witnesses that needed to be heard from was heard from in the proceedings. That is the case now. We submitted articles of impeachment and were very confident that the witnesses in those particular articles provided a long with hundreds of pages of testimony and depositions, provided the basis for a securely and legitimately and constitutionally passing out on the articles of impeachment. But if you a trial, were the indicting entity, the grand juries, if you have a trial than witnesses can and should be called. That is all that leader schumer and Speaker Pelosi are saying. What is the process that you will use . What witnesses will you call, and what does the oath of affirmation say . Mcconnell is not allowing the senators to be impartial. He was saying it will be my way or the highway. That is not the constitution and were not going to yield to his behavior without providing a fair process. The speaker is right and so is lead eer schumer and i believe will be worked out and we all know that the constitution precedes and rules and i think senator mcconnell has to know this, too, we believe in the next couple days in the immediate holidays that theyll be back in discussions about this and a fair process should proceed for this impeachment process. Is it your belief that Mitch Mcconnell can be impartial when he is already revealed his point of view on this process . Perhaps you heard my conversation with Michael Zeldon earlier, he revealed that he cant be impartial. Do you see a path for that . You know i think that senator mcconnell should be forewarned that were not in a normal legislative process. We will, the willy nillyness of the process governs when various procedures of not allowing bills to come to the floor when a snider can rise to object, and another senator cannot proceed, it happens in the house. This is a constitutional process. And he will have to take an oath. And that oath says that i am affirms or swearing to be an impartial juror according to the constitution. I do believe that the chief j z justice would have to assess whether or not leader mcconnells reckless comments he made about tieing himself e to the defense, to the president s strategy, to whatever the president says is a dangerous contravention is different. I would be very concerned if i had to take an oath and i made these statements. Thats why i believe the speaker and lead ee eer shu eer shum on constitutional grounds. We cant decide what their final decision will be, but we can ask and demand that it be fair vane a prosesds. If he wants to jump to an acquittal, a dismisshaal, what e the grounds for doing that, if it is what you intend to do, the speaker and the leader will have to be fully engaged in the reasoning and probably will not see that as fair proceediers going forward. And quickly, if i could get you to respond to criticism about, you know, this delay, and that it puts impeachment in jeopardy and this coming from a law professor that you democrats called to talk about the legal merits of impeachment, and he said today if the house does not communicate its impeachment to the senate, it has not actually impeached the president. If the articles are not transmitted, trump could legitimately say that he was not truly impeached at all. I know at the top of the interview you say he was impeached, but could you respond to that and that to a witness that you all called. We have great expect for the professor. This will not be a months long delay. This is a appropriate processing, discussion, and dialogue, with the speaker of the house and the leaders of the senate. There is nothing wrong with discussing the next steps going forward. I dont have any doubt that the articles of impeachment will be transmitted timely when there is an understanding, and i have no doubt that there was a vote taken and that the articles of impeachment will pass. Let me say that were serious about this. We dont intend to violate the constitution. Those articles will be transmitted and will be effectively the basis on the actions of the senate. I do believe that the vote does count. We did our constitutional duty and we voted on the articles of impeachment at the gavel. Those two articles passed and the president was impeached. I think question have a constitutional discussion, but were going to follow the constitution and transmit an effective and efficient manner in the days and time frame to come. Congresswoman Sheila Jacksonjackson lee. Thank you and happy holidays. Happy holidays to all of you, god bless. A new mother found dead inside a texas home, her baby girl discovered alive and healthy. Details are coming up and later with the details of the impeachment trial being hammered out in the senate, what happens now . How long can the house wait to turn over the articles of impeachment. More on that straight ahead. The wait is over. Tmobile is lighting up 5g nationwide. While some 5g signals go only blocks, tmobile 5g goes miles. Beyond the big cities to the small towns. To the people. Now, millions of americans can have access to 5g on tmobile. And this is just the beginning. Tmobile, the first and only nationwide 5g network. [coughs] attention passengers, kim is now demonstrating her congestion. Save it, slimeball. Ive upgraded to mucinex. Well we still have 12 hours to australia. Mucinex lasts 12 hours, so im good. Now give me that. Hey i want to talk. Youve reached your final destination. What . 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Try finish jetdry. Turning now to a terribly sad story. A one monday old baby found alive, but her mother was dead in texas. We have the details on the charges. Yes, the suspect is being charged but authorities are not identified the suspect. We know this from a source that is familiar with the case saying this is indeed the woman. And the woman is megan faramusca. She she is connected to the disappearance of heidi brussard. Went missing more than a week ago and so did her infant daughter. They started to binterview witnesses, family, friends, those tips and evidence lead to more than 100 miles away to houston. Thats where authorities found the body of a woman in the trunk of a car and pathologist later identified her as heidi brussard. Thats where they found an infant, and according to authorities they believe it is little baby margo but theyre conducting dna testing to make sure. I want to express the con n condolenc condolences. And that we had only one rescue, not two, and our hearts and minds are with heidi and her family today as they go forward. Were getting updates about where the suspect is. She was transported overnight, she made an appearance last night and she is being held on bond. Do we know about the relationship between the women . We know there is a lot of information online, but were trying to confirm it. Coming up, the impeachment trial is at a stand still, what happens if the house and senate cant come to an agreement, more after this. When it comes to using data, everyone is different. Which is why Xfinity Mobile is a different kind of Wireless Network that lets you design your own data. Choose unlimited, shared data, or mix lines of each and switch any line, anytime. Giving you more choice and control compared to other top wireless carriers. Save up to 400 a year when you switch. Plus, unwrap 250 off a new samsung phone. Click, call or visit a store today. All right, lawmakers are back in their home districts for holiday break leaving washington at an impasse over how to handle Senate Impeachment trial. Once we see their process we will know what and how many ill admit, im not sure what leverage there is in refraining from sending us something we do not want. Joining me now to discuss it, michael gearhart. Do you think this is an impasse between the house and senate . Or does it just appear that way because are most are on the way of holiday break . I think it appear thats way. I think it will favor very quickly. Even if the house of representatives voted to impeachment president , we would still be sitting here in a christmas break. Thats right, there would have been two weeks, snae, and were in the middle of them, and during the two weeks, during the houses recess and when the senate comes back out, nothing would have happened anyone. So house Speaker Nancy Pelosi said this about how to move forward that would have been part of any Senate Impeachment trial. Yeah, we have to see what process is on the senate side. So far we have not seen anything that looks fair to us. So hopefully it will be fair and when we see that is well send or managers. How are the flexions of house managers predicating on the house and senate. Typically theyre drawn from the people that had very prom nant ro innocent rprominent roles, sena will nadler as well. It is who had a big role, who can process this in the senate. And senator majority leader is questioning the leverage, but perhaps if he thought he was in the drivers seat did pelosi just put the breaks on that . I think so, she may have just called the audible, so to speak. I think it make have caught the Senate Leader as little bit by surprise. It certainly caught the nation by surprise. I also suspect that this is not done because she knows it will drive the president crazy to be caught in limbo, and she is trying to figure out what can i do to ensure credibility and that the senate will provide a fair trial. And democrats said, you know, they see a fair trial as including witnesses and that is one of the issues here, apparently, holding up the transmitting of the articles. The house requested four witnesses including john bolton, mick mulvaney, under what circumstances do you see senator mcconnell budging on that . Do you think he ultimately has to welcome witnesses in order to justify a fair u. S. Senate trial . He will not budge unless