Want. They hammer out these details, no matter how you slice it, its a painful process. Painful for the wis white house, painful for the 2020 candidates. They get pulled off the campaign trail for this whole thing just weepy for the iowa caucuses. Its painful for republicans for many reasons. Some want witnesses, others wanted to be over. Tonight we will talk to republican senator tim scott about all of those questions. He will serve as one of the churros and this trial. Karl rove is also here, the New York Times endorsement of Amy Klobuchar and Elizabeth Warren. Pretty opposite in terms of the way they approach policies. Why did the emperors stomach endorsed both of them . Why is netflix supporting megan and terry . First step, the federal prosecutor and fox news contributor. Jim trusty, great show both of you with us. Now the rules have been hi. The rules have been ruled out. What is your reaction to what you have read . I think its pretty much what we expected in terms of the sequencing. In terms of time, hes clearly putting the pedal to the metal, may be in no way that is faster than we all anticipated. It strikes me that the framers talked about impeachment in terms of how divisive it can be and what social upheaval can cause. The democrats at least feigned that they were paying to do this because of how difficult it is for the country. The republicans have been adamant. If everyone feels that way, there is a good argument. The sooner the we get it over with the better. Bret you have said since the beginning that you dont think there are any offenses here. How do you think and i want to ask auntie this too, how do you think the president s team is doing so far on these questions . A lot of them had been out there. You think theyre doing a good job . I think so. The starting point has to be essentially a motion to dismiss. That doesnt mean tomorrow versus at the end of the argument. Its something where you say, we dont care what the exact facts are because it could never be a crime. It could never beat never be an impeachable offense. The republicans have the benefit of looking at the plain language of the constitution. Bribery, treason, high crime and misdemeanors, it doesnt say abuse of power. I think they are in a good spot to start off pounding away on a Legal Defense zone. And then turned to the practice in terms of how this thing out here and focusing my i. D. Heavily on adam schiff and what happens below. In last place, still board would be to talk about the actual facts. They dont want to start off with the facts or adam schiff, they want to start by saying this is not an impeachable offense. Bret andy mccarthy, do you agree with that . You seem to suggest that they got into arguing based on meri merits. Martha, i think jim is right. If you look only at the very brief submission that the president s lawyers put in over the weekend. Which was only seven pages and really emphasized a lot on the facts. That was what stuck out to me. I detected something of an internal battle in the lengthy trial submission, the memo they filed today. The close to you 120 pages. It seems to me the first twothirds of it does exactly what jim is talking about. Pounding away at the point that these allegations do not rise to the level of impeachable offenses. The last third event gets into the facts of the case which is where i think there are perils for the president. If you argue too much on the facts, that helps the case of the people who want more witnesses and new documents to be called. I think the division here is that the lawyers see their job i think quite rightly as what they need to prevail on whether the president gets acquitted. The president wants actual vindication. I dont think that is likely, or may be possible to happen. He will have to consent himself with being acquitted. Bret what do you detect and all of that . I think thats interesting. The president likes to counterpunch and there are two ways to go at that. The choosing of this legal team suggest he wants to hear from them. He wants the defense of him by number of these individuals it looks like. You want to get back behind closed doors with the president and say look, right now you were in a position where you will won. May be on legal grounds, a straight road down testimony. The only way that it gets better for the democrats is if some hail mary comes through. As much as the trading makes a difference, we can talk about hunter by dan, john bolton and whether or not that will move the needle. At the end of the day, there is some risk. You have to say, mr. President , be satisfied that you will have a full throated defense. You will won with this not being impeachable or on the merits. The longer this thing goes, the more likely the democrats will pronounce they found something exciting or new. Martha with regard to witnesses, do we ever see john bolton at that table . Is there a possibility that hes interviewed outside . How do you see it . I think that if we get to the tripwire and we get over into witnesses, the best proposal will probably be Something Like what they had in the clinton impeachment. You wont be able to hold it to bolton and that is more reason to do this. You interviewed them outside the main trial. I think in the clinton impeachment there was one member from the senate president. You can argue with what is admissible and after they interview them, probably a short subset of snippets will played on video. They can say, we did witnesses now lets move on to a final vote. Martha we will see. Thank you very much. Good to see both of you. The bobcats rolling tomorrow. Andy mccarthy and jim trusty will be involved with all of it. Thank you. Coming up next, tim scott. The white house calls on the senate to swiftly reject the impeachment charges. He is next. 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Around that point is when they will consider the kill switch. It says on page three that other motions are in play according to the senates impeachment rules. There is some support for that, once they get to that point not to have an up or down vote by some senators, may be to exonerate the president. What we dont think will happen is that early on and the process, tomorrow or wednesday. There is nothing that would provide for that. That would have to happen after they answer this question about witnesses and documents. Let history be our guide. In 1999 with president clintons trial, there was a motion to dismiss by the legendary West Virginia senator. The senate voted 5644 to reject his motion to dismiss. All Democratic Senators voted to dismiss. That is Russ Feingold who was the democratic senator from wisconsin. We dont think they would get to that, if that is impolite to the middle of next week. What we have is a very compressed schedule. Wednesday and thursday is when the house will present its case and then the defense later on. Tomorrow will be a a lot of wrangling about how they get there, including the high probability of a closed session tomorrow night. Martha thank you very much. Here now exclusively, republican senator tim scott. Always good to see you. I want to play something from your South Carolina colleague, senator graham. He was asked about the possibility of an early acquittal. Watch this. There are a lot of senators who i think will end up equating the president , but believe we need to hear the houses case. The president s case answer to the houses case and ask questions. That is when the witnesses request will be. The idea of dismissing the case early on will not happen. Martha no early dismissal. The early stages of this will play out and we will hear both sides. What you think about how this is shaping up . I think its good news. The president has not had an opportunity to respond to the impeachment process. The house went through the entire process without allowing the president to position himself from a defensive perspective. That is Kangaroo Court if there ever was one. For the first time, the American People have a chance to have the president s team rebut the houses case. That is necessary for everyone to have the type of illumination on what actually happened. I think its a very important step. 24 hours for the house to present their argument. 24 hours for the president s team to pick it apart. I am actually looking forward to hear that rebuttal. Martha so am i. When you talk about this kill switch, you hear and you look back at history with robert byrd of West Virginia suggesting that at one point. I didnt go over. Are you in favor of a kill switch on this whole thing . And not going to witnesses . Would you be in favor of that vote . I certainly think the witness conversation wont happen until after the 48 hours, perhaps 16 hours of questions spirit all the 100 of us will have a chance to ask questions. Its hard to determine what will happen in that vote. Its hard to tell me what i will do. What i do realize, the whole conversation about witnesses has nothing to do with impeaching the president. It has everything to do with her moving at least four senators from office who are republicans. The entire process of calling witnesses that were not heard in the house is about getting cory gardner to take tough votes. Susan collins, taking tough votes. Its about Martha Mcsally taking tough votes. The subplot to having witnesses before the senate has nothing to do with illuminating the case with more information. It has everything to do with putting those pivotal senators between a rock and a hard place. It has nothing to do with impeachment. I do think we should not hear from witnesses who did not testify in the house. If Speaker Pelosi wants to hear from mr. Bolton, she can compel him to come before the house and start the process over. They still have that power. Martha they said it was going to be too long and get caught up in legal wrangling. If you feel that strongly about it. Heres Chuck Schumer, senator schumer talking about forcing votes for witnesses. Watch lists. We democrats aim to get the truth. Make no mistake about it, we will force votes on witnesses and documents. We have the right to do it. We are going to do it. We are going to do it at the beginning on tuesday if leader mcconnell doesnt call for these witnesses in his proposal. Martha whats that going to look like . You have to remember Chuck Schumer wants witnesses now, but he didnt want them under president clintons trial. There is hypocrisy there. At the end of the day, he is right. They have the opportunity to have votes. I look forward to voting no on any witness. It is not our responsibility as senators to help improve or expand the case. The way we help understand the process, the house sounds over a case and we make a decision. If the house doesnt like the case that sent over a dead they need to do something in the house to change that. Our responsibility as churros is to hear the case and not add to it that decision is a house decision and not a decision made by the jurors. Martha you spoke about tough votes and i am wondering what your opinion is on how Many Republicans would like to hear from witnesses. How Many Republican senators feel like if they go home and say, we cut that question off at the knees and we decided not to bring in anybody. Especially in light of the new evidence that has been coming out, orchestrating. How Many Republican senators are going to be in a temp spot if they push this through and vote to dismiss or dont want witnesses . There is no question that this was absolutely orchestrated. It reminds me of the Brett Kavanaugh hearing. Latebreaking information came forward with no basis whatsoev whatsoever. I would say there are between 47 senators who may have a strong opinion on having witnesses testify, or having an individual witness testified. There was a case made by some of our colleagues that if we will call witnesses, lets make sure we do it with the rep reciprocity in the front of our minds. If we count two witnesses, we should make sure the president has the opportunity to call two witnesses. It does get into a quagmire pit. The politics of each state is very different. I hope we focus on the truth. The truth of the matter is, the house put together such a shoddy case and did not allow the president to respond. In america, you were innocent until proven guilty, not guilty until proven ns answer. There is no criminal intent as a part of the impeachment document. There are so many challenging aspects of this case that it breaks my heart that we are putting the president of the United States on what is basically a death row trial. For the circumstantial evidence that we have heard so much and about. Its heartbreaking to watch the democrats just trash the constitution and so many ways. And to do it with personal venom. Martha always good to see you. Thank you for being here. Thank you. Martha the White House Legal Team slamming as the Court Political act by house democrats. Very much aligned with what you just heard from senator scott. Debbie dingell response to that charge. When the story continues, stay with us. Well im standing here, looking at you, what do i see . Theres a booking for every resolution. Book yours at booking. Com theres a booking for every resolution. I dont make compromises. I want nutrition made just for me. But i also want great taste. So i drink boost for women. New boost women with key nutrients to help support thyroid, bone, hair and skin health. All with great taste. New boost women. And my lack of impulse control, is about to become your problem. Ahh no, come on. I saw you eating poop earlier. Hey my focus is on the road, and thats saving me cash with drivewise. Whos the dummy now . Whoof whoof so get allstate where good drivers save 40 for avoiding mayhem, like me. Sorry hes a baby do you think she prays that the president will succeed . I think you could never stop praying for success. You cant pray for political outcome. Its not whether or not god is on our side, its whether we are on god side. You have to pray for the 11 year heart and the strength to get what you want and hope that ends up in a successful way. That includes the president and all of us. Martha nancy pelosi. President trump is blasting her on that ahead of the impeachment trial. To my friends on the democratic side, i like nancy pelosi. Ive known her for years. I think she is a religious person. When it comes to a donald trump, nancy pelosi may pray in privately, but shes orchestrated holy hell. Martha debbie dingell, cochair of the communications committee. Always good to see you. What do you think about that . What do you think about Lindsey Grahams comment . He is a friend and he tends to become a photo. Im going to tell you something. Im a catholic woman. I was raised by nuns, i want to boarding school for a long time. Quite frankly, one things were hard at home, its the nuns who made me who i am today. I understand what he is saying and i pray every night for the country and the people who are leading it. What you want is good to come out of it. I think you have to be careful to separate state and religion. I do believe her when she says that she is praying. I think she prays for the country. I think we all are. I am worried, youve heard me talk about it