thousands more infections every day. claire danes here in studio 57. she will be here with an early look of her series "homeland". it's monday, february 3rd, 2020. we begin this morning with today's "eye opener," your world in 90 seconds. in the end zone for a touchdown! >> good night san francisco. >> after 50 years the chiefs are champions. >> the chiefs pulled off their third consecutive double digit come back. >> we're going get the biggest cheeseburger we've ever seen. >> the 2020 election year officially kicks off today in iowa. >> start with joe biden. >> i think of sleeping. multiple people have been hurt on shooting on a greyhound bus from los angeles to the boat area. >> the number of people affected by the coronavirus continues to skyrocket. >> the coronavirus presents a public health emergency in the united states. impeachment trial winding down. an encounter with a deer. he didn't even spill his diet coke. >> the most important part for the viewers, the commercials. >> and all that matters. >> shakira and j. lo shook the stage. >> first time two hispanic women headlined. ♪ >> on "cbs this morning". ♪ we are the champions >> mvp of the super bowl where are you going? >> i'm is going to disneyworld. kansas city we did it, baby. ♪ we are the champions this portion of "cbs this morning" sponsored by toyota. let's go places. get out your cell phones. rocking side-by-side. wearing kansas city red. the score was 31-20. >> it didn't look like it would turn out that way going into the fourth quarter. incredible come back. >> tony dokoupil is in iowa. tony, they have to be talking about that game there too? >> i don't know. maybe. good morning guys. i didn't pay much attention to the super bowl. the big contest around here has nothing to do with football. voters will have their say. you have a super bowl to cover. i will send it back to you. full coverage later on. >> big deal for sure as the political process begins officially but i still can't get over the game. that was a really big deal. >> 50 years they waited. >> worth the wait because that's where we're going to begin, with the super bowl. kansas city waited half a century for the title. here you go. that's what happy kansas city chief fans looked like exploding last night at a downtown watch party when their team came back to beat san francisco 31-20 in the fourth quarter in super bowl liv. >> this morning's front page of the kansas city star said kingmen. dana jacobson is at miami's hard rock stadium the site of the super bowl liv. what was it like to see that game? >> reporter: incredible whether you were here or watching on tv. the game came down the final moments allowing one of its youngest stars to shine. patrick mahomes bounced back and propelled his team to victory. it's just one reason this game will be etched in nfl history. >> chiefs are super bowl champions here in miami! >> reporter: after 50 years of waiting, the kansas city chiefs are taking home the super bowl trophy for the second time in team history. as confetti rained down on the field here, it also blanketed royal members of the chiefs kingdom watching at home. >> feels like a dream come true. >> reporter: earlier the super bowl halftime show made its own history. ♪ as shakira and jennifer lopez became its first latina headliners. some believe their rendition of let's get loud had political undertones invoked images of children in cages as a reference to detention of minors at the southern border. in a nod to her heritage, she presented the american and puerto rico flag. the chiefs trailed the 49ers by double digits until the fourth quarter. but with that throw, kansas city's 24-year-old quarterback patrick mahomes turned the tide. eventually executing two critical touchdown drives before the chiefs defense locked down a game deciding interception. >> we found a way to win. >> what is this moment like for you? >> everything. without a doubt we're not getting on this bus without a championship. >> reporter: it was a story of redemption for andy reid as a gatorade shower washed away memories of losing the super bowl with the philadelphia eagles in 2005. >> i would coach another 20 years if i could have that group right there, man. >> reporter: if you want a taste of what it's like to be field after the game. get this. the players are celebrating with their families. one player is with her daughter. she looks up, what did you think of j. lo and the halftime show? that's all she wanted to know. the celebration will continue. they will have their parade in kansas city on wednesday. >> that is so great, dana. what a way to keep things in perspective. jennifer lopez and shakira were on fire. really good to see you. let's turn to the other big story we're following this morning, the iowa caucus. tony is at the drake diener. that was a very good looking diner. >> very good-looking diner. a lot of neon and a lot of people. how can i put the stakes here? voters may not pick a president tonight but the chances are very good they will eliminate some contenders. he they will cast the first in the nation caucus picks for president tonight 7:00 p.m. follows 2,200 campaign events over more than two years of town halls and county fairs and corn feeds and diners like this one. yesterday the candidates were all over the state making a final pitch to voters and it's a cbs news battleground tracker poll shows a very tight race for the first choice. former vice president joe biden and senator bernie sanders are tied with 25% support each. but former south bend, indiana mayor pete buttigieg and senator elizabeth warren are in a position to win some delegates if their ground game comes out and works for them. amy klobuchar round out the top five in our poll. we were on the trail yesterday all day trying to catch up with as many of these leading candidates as we could as they make their final plea to voters to get out and caucus. >> when the middle class does well, everybody does well. >> we're going to do this and we're going to win. >> reporter: as candidates crisscrossed iowa so did we. first stop, overflowing rally for senator elizabeth warren. we spoke with her back stage about how the economic pie is distributed. we have some free pie here. an issue we covered last week with a real pie. >> how many pieces of the pie would you have on middle class? >> you have it exactly right. you showed how it is that the wealthy have so much pie. when i do a wealth tax it's not to hand out, money, it's to do investment. >> shortly after warren took the stage. >> we have a short drive to make it to the buttigieg rally. >> pete buttigieg is the youngest democrat in the field. >> how do you define victory tomorrow? >> i expect the pundits to set up the goal post. we need a strong showing. this is our chance to show and not just tell. our ability to get folks to the poll, the organization that will eventually go on to defeat donald trump. >> i have a nicname that i want to give him. former president -- former president donald trump. >> attacks on president trump echoed across the hawkeye state. >> in america, the president is not king, the law is king. >> we're going to go see bernie sanders. >> the beginning of the end for donald trump. >> we ended up at a des moines bar on super bowl sunday filled with bernie sanders supporters. >> i will draw together the highest turn out in the history of the iowa caucus. >> the vermont senator predicted victory. then sped off before we could catch him. we tried. we did our very best. polls open tonight at 7:00 p.m. central time. could be a very long night with some new rules that could see second tier candidates pushing leading candidates to victory. ed o'keefe is here. how will it shake out tonight? >> reporter: good morning. the words today is expect anything. if you look at cbs news polling there's perhaps a road map of what to expect. bernie sanders could come out on top if there are signs of record high turnout. could also benefit mayor pete buttigieg. both focused turning out younger and first time caucus goers. polling also shows joe biden has a strong chance of winning in part because he's the second choice of many caucus goers who are first set to support candidates polling in the single digits and aren't likely to meet the minimum threshold of 15%. they will be invited to make a second choice and many will switch to biden. one thing that struck us today all the talk about issues have been pushed aside instead of electability or ability to defeat president trump. remember despite all the attention on iowa in recent months 41 delegate of the 1990 needed to win the democratic nomination are up for grabs tonight. we still have a long way to go. >> we do, indeed, ed. thank you very much. with me now is cbs news chief washington correspondent major garrett and alice wagner who is also co-host of the circus on showtime. good morning, guys. how are you doing? >> i've been at the drake diener before. great place to be. >> i've had the hash browns and french toast sticks. >> major, i want to start with you. this is really a toss up here. joe biden and bernie sanders tied in our poll. i heard people say biden could be first or could be fourth. >> yes. and that is the great anxiety of the biden campaign. biden's fate in iowa depends how well he's organized statewide. bernie sanders is in very good position to win this. first our fourth. you don't hear sanders people saying that. first or fourth is a huge gap for biden. if he's well organized he'll get that second realignment choice. also keep an eye on elizabeth warren, pete buttigieg as well organized. four campaigns organized and competitive. joe biden played pundit on friday. if he's furth he's the big loser in iowa. >> alice, iowa went for president obama in the general election twice and then swung to president trump. what are you hearing from voters which of these democratic candidates could swing it back into the blue camp? >> the trump voter is sort of central to the democratic party. >> they exist. >> they do exist. i'm say tony and we must not overstate or understate, in fact, the chasm that has opened up between these two parties. it's a question whether you can bring trump voters back to the poll. having said the moderate wing of the democratic party would like to do it and so would the progressive wing. they have different prescriptions how to do it. whether it's structural change or coming up with a 2018 playbook in 2020 that will once again return moderates to the fold, at the end of the day iowa voters are interested in trade. something you hear candidates of all stripes talk about on the ground here. climate change. agricultural state. gun safety. people are not talking about the impeachment. they are focused on bread and butter issues. sounds like we heard it before, but it is true for this state. >> truisms are true for that reason. major, one person who has not been campaigning is mayor mike bloomberg. how is he affecting this race at all and how will this race affect his chance? >> he's not affecting this race but he's affecting the psychology. of the early contests. he might be a debate participant. sooner rather than later. if joe biden does not do well here the idea the entire bloomberg candidacy takes on more relevancy. he'll tell the democratic party your presumed front-runner the former vice president couldn't get it done. if biden does well here, bloomberg strategic pitch to democrats is a bit weakened. so biden and bloomberg are tied together here in ways they might not have contemplated six weeks ago. >> most competitive caucus in caucus history. >> yes. >> thank you very much. we'll leave it there. anthony, we'll send it back to you. we'll hear more from you and iowa throughout the morning. president trump's impeachment trial will come to an end on wednesday and the president is likely to be acquitted. his campaign spent $10 million on re-election ads like this one during the super bowl which show he's already looking forward to november. weijia jiang is at the white house. what's the white house's strategy this week? >> reporter: good morning, president trump will try to move forward and deliver a quote very, very positive message during tomorrow night's state of the union address. senior administration officials say there will be a strong focus on the economy and they won't reveal whether the president will even mention his impeachment trial. but during an interview last night he did not hold back. >> me and my family suffered because of all of this. >> reporter: in a traditional pre-super bowl interview president trump said impeachment has taken a toll and doubted whether he could work with democrats going forward. >> i see the hatred. they don't care about fairness. i'm not sure that they can do it. >> reporter: mr. trump has always insisted he did nothing wrong when he asked ukraine's president to investigate political rival joe biden. now several republicans are publicly disagreeing. >> i think it was wrong. inappropriate was the way i would say improper crossing the line. >> reporter: but not wrong enough they say to lose his job. does it come to the point of removing a president from office? i don't believe this does. on "face the nation" house intelligence chairman adam schiff says the explosive claims by john bolton mean impeachment is not the end. >> the truth will come out, will continue to come out. >> reporter: in leaks of his unpublished manuscript bolton said president trump linked the aid to ukraine with the bidens investigation but also claims pat cipollone was aware. on friday just hours after the senate voted against new witnesses and documents, the justice department revealed there are 24 redacted emails related to the president's decision-making on freezing military aid to ukraine. >> that shows you the lengths to which the president's lawyers are going to cover this up. >> reporter: this week we'll hear closing arguments and speeches from senators who will finally have a chance to talk and those republicans who were on the fence about voting to block witnesses will likely defend their decision before the final vote to clear president trump on wednesday. gayle? >> thank you very much. cbs news plans to bring you today's senate impeachment closing arguments in a special report. we will also carry president trump's state of the union address and the democrats response. tomorrow at 6:00 p.m. pacific here on cbs. ahead the drastic steps the u.s. is taking to keep the coronavirus out as the number of infections here rises. good morning morning to you. it is a cold start to the day. bundle up as you head out the door for work and school. cool, below average daytime highs. plenty of sunshine and breezy northwest winds, making it feel even chillier. i just 53 for a high in san francisco. 55 in oakland and fremont. 56 in san jose as well as for concord. an even colder start to the day tomorrow morning. temperatures will slowly be on the rise as we head throughout the workweek. here in iowa howard county went big for president trump after going very big for president obama four years earlier. >> voted for obama in 2012 and switched to trump. you are switching back? >> switching back. >> ahead on "cbs this morning" find out if voters across the whole county are planning another dramatic shift in 2020? another dramatic shift in 2020? my blood sugar and a1c. because i can still make my own insulin. and trulicity activates my body to release it like it's supposed to. trulicity is for people with type 2 diabetes. it's not insulin. i take it once a week. it starts acting in my body from the first dose. trulicity isn't for people with type 1 diabetes or diabetic ketoacidosis. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, or severe stomach pain. serious side effects may include pancreatitis. taking trulicity with a sulfonylurea or insulin increases low blood sugar risk. side effects include nausea, diarrhea, vomiting, belly pain, and decreased appetite, which lead to dehydration and may worsen kidney problems. i have it within me to lower my a1c. ask your doctor about trulicity. can you heal dry avtriple oat complexic balances skin's microbiome. so skin looks like this and you feel like this. aveeno® skin relief. get skin healthy™ i love the new myww program, ...take the personal assessment and get matched with a proven weight loss plan. find out which customized plan can make losing weight easier for you! myww join for free + lose 10 lbs. on us! these days we're (horn honking) i hear you, sister. that's why i'm partnering with cigna to remind you to go in for your annual check-up. and be open with your doctor about anything you feel. physically, and emotionally. body and mind. a lot will happen in your life. wrinkles just won't. neutrogena® rapid wrinkle repair's derm-proven retinol works so fast, it takes only one week to reveal younger looking skin. neutrogena® proof i can fight moderate to severe rheumatoid arthritis. proof i can fight psoriatic arthritis... ...with humira. proof of less joint pain... ...and clearer skin in psa. humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. humira is proven to help relieve pain, stop further joint damage,... ...and clear skin in psa. want more proof? ask your rheumatologist about humira. ♪ woah is this the future? this is the present, future bill. here's your order bills. no way! yes way. okay. >> announcer: this is a kpix 5 news morning update. it's some :26. i'm kenny choi. one person was killed and five others were injured in a shooting on a greyhound bus traveling from los angeles to the bay area this morning. gunfire broke out shortly after 1:30 a.m. near bakersfield. the suspect is now in custody. no word yet on a motive. >> a second case of the coronavirus has been confirmed in santa clara county. the department of public health says that this case is not connected to the first one that was reported on friday. this case involves a woman from china who arrived to visit family here a little over a week ago. taking a look at today's front page of the san francisco chronicle. thank short of super. shows a picture of quarterback jimmy garoppolo walking off the field through the chiefs colored confetti in miami. caption below the photo says it was actually the chiefs and mvp patrick mahomes celebrating. >> you see how the roads are looking with gianna.. unfortunately, when you get a problem cleared on the freeways, another one pops up. northbound 880, a little bit better. southbound 880 is where we had a traffic alert. we have delays on hayward. hayward area heading towards the san mateo bridge. you can see some brake lights there. northbound, both directions, rather, closed due to the downed power line. mary? okay, gianna, it is a clear and cold start to the day. bundle up as you had out the door. below average these temperatures. 53 in san francisco for a high. 55 in fremont. and even colder start to the day. tomorrow morning. huge tax breaks for the rich, while the middle-class continues to struggle. that's what happens when billionaires are able to control the political system. our campaign is funded by the working people of this country, and those are the people that i will represent. no more tax breaks for billionaires. we are going to guarantee health care to all people and create up to 20 million good paying jobs to save this planet. i'm bernie sanders and i approve this message because we need an economy that works for all of us, not just wealthy campaign contributors. it is 7:30. here is what's happening on "cbs this morning." the kansas city chiefs celebrates their super bowl victory in 50 years. >> we are in iowa and democratic candidates make their final push on caucus day. >> how do you like your chances? >> oh, i like it. >> plus, china struggles with the coronavirus outbreak and the u.s. sends four planes to get americans out. the looking into the final season of homeland. >> welcome back to "krcbs this morning." there are three confirmed cases in the u.s. at san francisco. more than 17,000 cases worldwide, the chinese government says the death toll there risen to 361. that's higher than the number of people died in china from sars back in 2003. what's it is like for americans living in china now, ramy? >> reporter: yes, indeed. beijing is blaming washington for over reacting and spreading fear. you know more and more countries are joining the united states in this ban. washington is organizing more evacuation flights for americans still stop in wuhan. >> this man is asked who dies. he answers my father. men in hazmat suits tell him it is over. this widely circulated video that cbs news can't independently verify shows the situation at a hospital in wuhan, hubei province. the city is still on a historic lockdown. the two are stuck in wuhan desperately waiting for the next flight back to the united states. >> what's your biggest fear? >> it is scary to think that if i have any problems right now i would have to go to the hospital and the hospital right now is a place where i do not want to be. >> reporter: wuhan government just finished construction on more hospitals for patients built in just ten days. >> reporter: officials deploy drones with speakers. one warned this woman she should wear a mask and tells her to go home and wash her hands. the number of infection keeps rising with nearly 3,000 cases recorded in the past 24 hours. over the weekend, a boston student tested positive, he returns from wuhan just one day before logan airport started screening for the pilot. >> there is some hope coming out of thailand, doctors say a mix of flu medication and hiv medications showing improvement for some patients there over 78 hours. >> ramy, thank you very much. dozens of iowa counties that voted for president obama in 2012 shifted to president trump four years later. tony is asking voters in iowa who they plan to support this time. they'll take you to the biggest swing county in the state. you are watching "cbs this morning." that fit your budget. that's fun for the whole family. announcer: only at progressive par... maybe an insurance park was a bad idea. yeah. yep. complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-seven vitamins and minerals. ensure, for strength and energy. shampoos & conditioners. made with 98% naturally derived ingredients. bursting with super fruits to nourish hungry hair yes to vegan no to silicones yes to nourish no to weighdown fructis treats by garnier, naturally! hey allergy muddlers... achoo! ...do your sneezes turn heads? 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>> well, what i have been hearing that he's an outsider. >> reporter: chair of the democratic party at howard county. one of more than 200 counties nationwide that turned for president trump in 2016. >> i love this country. now democratic contenders are hoping those swing voters are willing to swing back. but up here folks get a little particular. i don't think howard county is going to play well for biden and all. >> because his establishment. >> even though he knows all the wor world's leaders. i don't think it means as much as somebody is an outsider here. >> bernie sanders is doing well? i don't know how he'll do in iowa, up here a moderate can't date is doing well. >> reporter: the veterans calling out bingo numbers at the county ground seems to agree. >> all three of you voted for obama and now switching to trump. all three are switching back in. >> reporter: all three are leading towards pete buttigieg or leading away from president trump. >> when trump went to the office, he got rid of all the people that i thought helped him going to do what he needed to do. he fired than the generals. we are all retired military, we are not smarter than generals. >> reporter: the local uaw union hall, we found another disinfected trump voter. >> just the way he is. his behavior. >> reporter: like a lot of neighbors, sarah burke is a fan of pete buttigieg. >> i think as far as maybe trying to beat trump. we need to get somebody in the mix that was not in that mix with the last election. >> reporter: others like christensen are not sure if they'll swing back. >> you may go back to the democratic party. >> reporter: he says he's leaning republicans but not at the democratic nominee has a better plan for agriculture. >> i don't know if anybody can be certain until you can evaluate both. >> reporter: you're a persuadable voter. >> absolutely. >> it is a powerful position to be. >> reporter: on a friday night in another quarter of the county, things looking different at the bar. >> 2008, you voted for president obama. and 2012, obama again. and 2016 you voted for trump. >> yes. >> reporter: owner vickie, democrats may hurt themselves with all this impeachment business. i think people are so sick of this and everything. >> reporter: that's what you are hearing around here. raise your hand if you think president trump is going to win in 2020 here. really? wow. i will tell you what, guys, lauren she's the democratic party chair. she agrees with those folks at the kcd bars. she's hoping to cut into president trump's margin of victory. by the way, her pick as the nominee, mayor pete buttigieg. >> a lot of support for mayor pete. tony. >> yes. >> complicates joe biden's message. he's the one picking up those voters but mayor pete is having some success. >> you ran into potentially persuadable voters. what a great power they have at this time. >> reporter: people on the democratic side referred them to be soon to be former republicans. >> thanks tony. >> ahead on what to watch. how j. lo and shakira put on a temperatures are colder. definitely bundle up as you head out the door. cool below average daytime highs. sunshine in breezy northerly winds. making it feel even chillier. 53 in san francisco for a high. 55 in fremont. 56 for san jose. even colder start to the day tomorrow morning. this portion of "cbs this morning" sponsors by quaker oats [coughs] kim is now demonstrating her congestion. save it, slimeball. i've upgraded to mucinex. we still have 12 hours to australia. mucinex lasts 12 hours, so i'm good. now move- kim nooooo!! mucinex has a patented tablet that lasts 3x longer, for 12 hours. ♪ ♪ ♪ ♪ ♪ ♪ wherever we want to go, we just have to start. autosave your way there with chase. chase. make more of what's yours. a lot will happen in your life. wrinkles just won't. neutrogena® rapid wrinkle repair's derm-proven retinol works so fast, it takes only one week to reveal younger looking skin. neutrogena® ♪ you've got something up your sleeve ♪ ♪ what you didn't know was you were surprising ♪ ♪ your father-in-law steve ♪ the best part of wakin' up is folgers in your cup ♪ with the world's first invisible trailer. invisible trailer? 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(vo) save over 40 hours a month with intuit quickbooks. this one's for you. the heroes who won't let your disease hold you back. you inspired us to make your humira experience even better with humira citrate-free. it has the same effectiveness you know and trust, but we removed the citrate buffers, there's less liquid, and a thinner needle, with less pain immediately following injection. if you haven't yet, talk to your doctor about humira citrate-free. and you can use your co-pay card to pay as little as $5 a month. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask your doctor about humira citrate-free. the same humira you trust with less pain immediately following injection. go ahead, make it decaf. vladimir duthiers has what you need to watch. you need all the energy you need. >> we took a bet. >> i said you would have a super bowl reference. anthony said it would be a food reference. >> nailed it. here it is. good to see you out there in iowa and good to see you out here this morning. here's a few stories you'll be talking about today. of course shakira, j. lo, super bowl history. the halftime show's first latin headliners. big deal. their high energy performance in miami last night included a mash up of their hit songs. guest performances from fellow latino artists. even j. lo's daughter got in on the action. watch this. ♪ >> that is 11-year-old who stole the show with her mom's 1999 hit. and sang "born in the usa" while j. lo draped herself in the american flag and then revealed a puerto rican flag and many, of course, saw that a political statement, singing "born in the usa" showing the usa flag and reminding americans puerto ricans are americans. >> little emmy can sing. she can sing. >> i love shakira playing the guitar. that was pretty cool. >> that guitar looked awesome. >> i do love that moment where she saw that bruce springsteen song. puerto rico has been through so much. hurricane and then recent earthquakes. it's not the top of many headlines. >> i also thought it was nice how she started out on the pole. i thought could you get me a pole? >> you are looking for some -- >> yes. she looked so good. she and shakira both. >> 43rd birthday. >> did you see a-rod? >> he went full fan boy. he was singing and jumping. you want somebody in your life. >> he support hers 100% and she him. >> there's one person at the super bowl who wasn't that impressed. one fan in the stands. we had a picture of this. this guy is out cold. a sports reporter caught him catching some zzzs. he paid a lot of money to score a seat. close to 7 grand. >> somebody probably gave him a ticket. >> he reminds me of a dad going to watch his kid at a soccer game. >> he must have been working hard. before this day is over somebody will find him. i wonder what he was thinking. >> we'll be doing a lot of digging into that. switching gears. brad pitt wasn't at the british academy film awards to accept his trophy for once upon in hollywood but his speech was one of the most memorable moments of the night. >> hey britain i heard you just became single. welcome to the club. his name is harry because he's really excited about bringing it back to the states with him. >> the new duchess of cambridge were good sports. laughed off the joke. haved at prince harry and meghan markle stepping down from troils. >> claire danes and the last season of "homeland". stay with us. ♪ (big freedia) hold up, you all kazoo? well get on up here. ♪ ( ♪ ) . 37 only tylenol® rapid release gels have laser drilled holes. in seconds. when you're ready, we'll come to you, pay you on the spot, and pick up your car. that's it. so ditch the old way of selling your car, and say hello to the new way-- at carvana. i thabout the myww programthing it's not a one size fits all plan. the personal assessment is going to help guide you to the solution that's right for you. i found a plan that makes losing weight easier and i feel incredible. myww join for free + lose 10 lbs. on us! where does your almondmilk almond breeze starts here with our almond trees in our blue diamond orchard in california. my parents' job is to look after them. and it's my job to test the product. the best almonds make the best almondmilk. blue diamond almond breeze. (honk!) i hear you sister. that's why i'm partnering with cigna to remind you to go in for your annual check-up, and be open with your doctor about anything you feel - physically and emotionally. but now cigna has a plan that can help everyone see stress differently. just find a period of time to unwind. a location to de-stress. an activity to enjoy. or the name of someone to talk to. to create a plan that works for you, visit cigna.com/mystressplan. cigna. together, all the way. visit cigna.com/mystressplan. tom: my mom louder than words. she was a school teacher. my dad joined the navy and helped prosecute the nazis in nuremberg. their values are why i walked away from my business, took the giving pledge to give my money to good causes, and why i spent the last ten years fighting corporate insiders who put profits over people. i'm tom steyer, and i approve this message. because, right now, america needs more than words. we need action. >> announcer: this is a kpix 5 news morning update. good morning. i'm gianna franco. if you're heading out the door, you plan on taking southbound 101, we got a few brake lights here as you work your way in rain. 33 minutes ago, down to the golden gate bridge, just a heads up, there is a traffic alert along one. it looks like downed power line in the lanes there. they got both directions completely shut down between the rent sonoma county line over towards valley forge freestone road. all right, taking a look at traffic on the san mateo bridge. we still have tiffany there off to the side from that earlier broken down vehicle. wind advisories still in effect. bay bridge, metering lights remain on. it is the usual stuff commuting. 580 out of the east bay out of san francisco. it is a cold start to the day. bundle up as you head out the door. we are tracking 30s and 40s. down to freezing right now in livermore. 36 in concord. 42 in oakland. 44 for san francisco. upper 30s from san jose as well as for santa rosa. i will times. breezy in sports. making it feel even colder out there. we will see plenty of sunshine, breezy northerly winds as we head through afternoon. cool below average daytime highs. mid-50s. and dry and quiet weather continues through the weekend. 53 for just a high in san francisco today. 55 in oakland. fremont. 56 for san jose. freeze warning, north bay interior valleys. tomorrow morning, and there we go with an extended forecast warming up into early next week. ♪ this is a cbs news special report. the start of an historic week. in a moments the senate impeachment trial resumes at the capitol. later tonight the first votes that count in the presidential campaign. and tomorrow president trump's state of the union address. right now the house managers and the president's defense team are about to deliver their closing arguments. now, each side will urs, w hear eees, explaining their votes. and then the final vote on removing the president will come late wednesday afternoon. we're learning this morning that the white house is feeling extremely confident that the president will survive the senate vote, especially after senators voted on friday not to call additional witnesses. let's go straight to capitol hill and nancy cordes, who is there. nancy, late out what we are expected to see today. >> reporter: i think you will hear the house impeachment managers lament the fact that witnesses are now not going to be called as part of this trial. they will likely lay out all of the things that the senate could have learned if individuals like john bolton had been subpoenaed to testify. and i think you are going to hear them expound on an argument that started to make last week, that this trial and the final vote on acquittal or removal will have something of an asterisk next to it for posterity, that it won't be a fully official vote because the senate took it without knowing all the facts. obviously, the president's lawyers will argue the opposite. i think that's what you are going to hear from these house manage ers. they know that the votes are there for acquittal, but they want to make this as difficult for senate republicans as possible. >> all right. nancy, stand by. i want to bring in the panel here. james franco flake is a bs c news political contributor and former republican senator from arizona. thanks for being here. our legal analyst jonathan turley, a constitutional law expert and paula reid, would covers the justice department for us and is a lawyer. i know you have been speaking with members, people at the white house connected with the president's defense team. what are you hearing this morning? >> they feel confident. that's quite a change from last monday where they were anything but confident following the decision closures from bolton's forthcoming book. they say today they are not intending to relitigate the facts of the case. they want to focus on the constitutional issues. they are looking towards the historical record. we can expect to hear from the president's two lead attorneys, jay sekulow, pat cipollone. they may alou tway others to sp to. they don't intend to take the whole two hours. i have spoken to the officials before the big moments, before the mueller report, before other investigations, and now that we are on the other side of this decision for witnesses they don't seem to be sweating today too much. >> i must ask you, senator, how do you see your former colleagues -- i know you are friendly with many of these senators up on the hill. we have half a dozen republican senators who have expressed publicly that the president's actions were inappropriate. >> right. >> were wrong, but not enough to remove him from office. i'm speaking about lindsey graham, marco rubio, mitt romney, susan collins and others. >> and there will be more. frankly, in my view, that's a good thing. . it's been needed for a while. i think senate republicans don't want to be seen like house republicans where they all said the call was perfect, the president did nothing wrong, that just falls so squarely outside of the facts that it's just not credible. so it's been good to see, frankly. and i think you will see more. i think ben sasse said that lindsey graham spo lamar alexander spoke for a lot of us. you will see it in the closing statements that people make when members are allowed to speak tomorrow. >> senator rob portman, someone in that camp as well. why do you see those -- and how will they express it? in these speeches? why do you feel they think that's necessary? >> their constituents know something was wrong, like i said to argue as house republicans did that nothing was wrong is so divorced from reality that it's not credible. and so i think they are anxious to register some kind of disapproval, but still hope that's not enough to get the president upset with them. and if enough of them do it, then it will achieve that. and so that's a good thing, and it's been long and coming. i would have liked to see it before. there was a brief period exactly a week ago, last monday morning, when it looked like there would be enough to call for witnesses. but that briefly, you know, it went. so, i don't think that that was a real concern beyond wednesday of last week. >> yes. now we have chaplain barry black leading the prayer there. he is mentioning that they are beginning the final arguments. i want to bring in jonathan, who in addition to being a witness in the house impeachment inquiry, not only is our legal analyst, but a prolific writer of columns, of which my mother-in-law sent me your column, of course, just out. >> god bless her. >> yes, just out this weekend. but you made the case in this column and you have been saying it here. lay out how you say that the house lost essentially this impeachment battle. >> i think there were two colossal blunders on both sides. i think the white house blundered by making the dershowitz theory the center of their case, which i think backfired. the bigger blunder was with the house. they rushed the vote. they insisted on impeaching by christmas. what i said in the testimony was wait two months. you can get some of these witnesses. you can get additional court orders. it can only be stronger. the only thing we knew is if they rushed the vote by christmas, they would lose because this is an incomplete case and they could not have made it easier on the white house. i think history will not look kindly on that decision. i think people will be baffled why they decided to do this, because they waited a month without doing anything after they approved the articles. >> as you point out, in the impeachment case of president nixon, it took a few months to go all the way to the supreme court? >> that's right. >> i want to bring in weijia jiang at the white house. we started this hour noting what an incredible week this is going to be as the president is delivering his third state of the union on wednesday night. it will be the second time in history an impeached president will deliver a state of the union. weijia, it's a difficult time for them? >> well, senior administration officials are being really tight-lipped about whether the president will mention his impeachment trial because he wants to deliver an optimistic message to try to bring the country together, about you we know he tends to go off script. we know that he is angry. just last night he said his family suffered because of this process. so, you know, i wouldn't be surprised if he mentioned it because it certainly is on his mind. and remember he is delivering the speech in the very place where his trial will still be going on. >> all right. weijia, thank you. let's listen into the senate majority leader. >> we'll take a 30-minute lunch break after the house has made its initial presentation. then we'll come back and finish this afternoon. >> pursuant it the provisions of senate resolution 488, the senate has provided for up to four hours of closing arguments equally divided between the managers on the part of the house of representatives and counsel -- and the counsel for the president. pursuant to rule 22 of the rules of procedure and practice in the senate, when sitting on impeachment trials, the arguments shall be open and closed on the part of the house of representatives. the presiding officer recognizes mr. manager schiff to begin the presentation on the part of the house of the representatives. >> mr. chief justice, members of the u.s. senate, counsel for the president, almost 170 years ago senator daniel webster of massachusetts took to the well of the old senate chamber, not far from where i'm standing. he delivered what would become perhaps his most famous address. the 7th of march speech. webster sought to rally his colleagues to adopt the compromise of 1850. a package of legislation he and others hoped would forestall a civil war brewing over the question of slavery. he said, it is fortunate that there is a senate of the united states, a body not yet moved from its propriety, not lost to a just sense of dignity and high responsibilities, and a body to which the country looks with confidence for wise moderate patriotic and healing counsels. it is not to be denied that we live in the midst of strong agitations and are surrounded by considerable dangers to our institutions of government. the em priz end winds are let loose. but i have a duty to perform and i mean to perform it with fidelity, not without a sense of surrounding dangers, but not without hope. webster was wrong to believe that the compromise of 1850 could prevent succession of the south, but i hope he was not wrong to put his faith in the senate. because the design of the constitution and the intention of the framers was that the senate would be a chamber removed from the sway of temporary political wins. federal li federalist 65 hamilton wrote, where else in the senate could have been found a tribunal sufficiently dignified for sufficiently independence? what other body would feel confidence enough in its own situation to preserve uninfluenced the necessary impartiality between an individual accused and the representatives of the people, his accusers. in the same essay, hamilton explained this about impeachment. the subjects of its jurisdiction of those offenses which proceed from the misconduct of public men, in other words from the abuse or violation of some public trust. they are of a nature which may with peculiar propriety be dominated political as they relate keefe chooefly to injuries done to society itself. the prosecution of them for this reason will seldom fail to agitate the passions of the whole community. and to divide it into parties more or less friendly or enemable to the accused. in such cases the greatest danger that decision will be regulated by the comparative strength of parties than by the real demonstrations of innocence or guilt. daniel webster and alexander hamilton placed their hopes in you, the senate, to be the court of greatest impartiality, a neutral representative of the people in determining uninfluenced by party or pre-existing faction the innocence or guilt of the president of the united states. today you have a duty to perform with fidelity, not without a sense of surrounding dangers, but also not without hope. i submit to you on behalf of the house of representatives your duty demands that you convict president trump. i don't pretend this is an easy process. it's not designed to be easy. it shouldn't be easy to impeach or convict a president. impeachment is abextraordinary remedy, a tool to be used in rare instances of grave misconduct. but it is in the constitution for a reason. in america, no one is above the law, even though elected president of the united states. and i would say especially those elected president of the united states. you have heard arguments from the president's counsel that impeachment would overturn the results of the 2016 election. you have heard that in seeking the removal and disqualification of the president the house is seeking to interfere in the next election. senators, neither is true. in these arguments demonstrated deeply misguided or, i think, intentionally effort to mislead about the role that impeachment plays in our democracy. if you believe, as we do, and as we have proven, that the president's efforts to use his official powers to cheat in the 2020 election, jeopardize our national security, and our antetokounmpo thetcal to our democratic condition, the president threatens the fairness of the next election and risks putting foreign interference between the voters and ballots. professor dershowitz and the other counselors to the president have argued if the president thinks that something is in his interest, then it is by definition in the interest of the american people. we have said throughout this process that we cannot and should not leave our common sense at the door. the logical conclusion this argument is that the president is the state, that his interests of the nation's interests, that his will is necessarily ours. you and i and the american people know otherwise. we do not have to be constitutional scholars to understand this is a position deeply at odds with our constitution and our democracy. that believing in this argument or allowing the president to get away with misconduct based on this extreme view would render him above the law. but we know that this cannot be true. what you decide on these articles will have lasting implications for the future of the presidency not only for this president, but for all future presidents. whether or not the office of the presidency of the united states of america is above the law, that is the question. in 1835 work, democracy in america, quote, the greatness of america lies not in being made more enlightened than any other nation, but rather in her ability to repair her faults. in may of 1974, barry goldwater and other republican congressional leaders went to the white house to tell president nixon that it was time for him to resign and they could no longer hold back the tide of impeachment over watergate. now, contrary to popular belief, the republican party did not abandon nixon as the watergate scandal came to light. it took years of disclosures and crisis and court battles. the parties stood with nixon through watergate because he was a popular conservative president and his base was with him. so they were, too. ultimately, as goldwater would tell nixon, quote, there are only so many lies you can take and now there have been one too many. the president would have us believe he did not withhold aid to course these sham investigations, that his july 25th call with the ukrainians was perfect, that his meeting with president zelensky on the sidelines of the u.n. is no different than a head of state meeting in the oval office. that his only interest in having ukraine announce investigations into the bidens was an altruistic concern over corruption, that the ukrainians interfered in our 2016 election, not russia. that putin knows better than our own intelligence agencies. how many falsehoods can we take? when will it be one too many? let us take a few minutes to remind you one last time of the facts of the president's misconduct as you consider how you'll vote on this important matter for our nation. those facts compel the president's conviction on the two articles of impeachment. >> mr. chief justice and senators, over the past two weeks the house has presented to you overwhelming and unconverted evidence that president trump has committed grave abuses of powe power that harmed our national security and were intended to defraud our elections. president trump abused the extraordinary powers he alone holds as president of the united states to coerce an ally to interfere in our upcoming presidential election for the benefit of his own re-election. he then used those unique powers to wage an unprecedented campaign to obstruct congress and cover up his wrongdoing. as the president's scheme to corrupt our election progressed over several months, it became, as one witness described, more insidious. the president and his agents wielded the powers of the presidency and the full weight of the u.s. government to increase pressure on ukraine's new president to coerce him to announce two sham investigations that would smear his potential election opponent and raise his political standing. by early september of last year, the president's pressure campaign appeared on the verge of succeeding until, that is, the president got caught. and the scheme was exposed. in response, president trump ordered a massive cover-up, unprecedented in american history. he tried to conceal the facts from congress using every tool and legal window dressing he could to block evidence and muzzle witnesses. he tried to prevent the public from learning how he placed himself above country, and yet, even as president trump has orchestrated this cover-up and obstructed congress' impeachment inquiry, he remains unapologetic, unrestrained, and intent on continuing his sham to defraud our elections. as i stand here today delivering the house's closing argument, president trump's constitutional crimes, his crimes against the american people and the nation, remain in progress. as you make your final determination on the president's guilt, it is, therefore, worth revisiting the totality of the president's misconduct. doing so lays bear the ongoing threat president trump poses to our democratic system of government, both to our upcoming election that some suggest should be the arbiter of the president's misconduct, and to the constitution itself that we all swore to support and defend. donald trump was the central player in the corrupt scheme assisted principally by his private attorney rudy giuliani. early in 2019, giuliani conspired with two corrupt former ukrainian prosecutors to fabricate and promote phony investigations of wrongdoing by former vice president joe biden as well as the russian propaganda that it was ukraine, not russia, that hacked the dnc in 2016. in the course of their presentation to you, the president's counsel have made several remarkable admissions that affirm core elements of this scheme, including specifically about giuliani's role and representation of the president. the president's counsel has conceded that giuliani sought to convince ukraine to investigate the bidens and alleged ukraine election interference on behalf of his client, the president, and that the president's focus on these sham investigations was significantly informed by giuliani, whose views the president adopted. compounding this damning admission, the president's counsel has also conceded that giuliani was not conducting foreign policy on behalf of the president. they have confirmed that, in pursuing these two investigations, giuliani was working solely in the president's private personal interest, and the president's personal interest is now clear. to cheat in the next election. as giuliani would later admit for the president's scheme to succeed, he first needed to remove the american ambassador to ukraine, marie yovanovitch, an anti-corruption champion. giuliani viewed her as an obstacle who, and i quote, was going to make the investigations difficult for everybody. working with now indicted associates, lev parnas and eye gore fru man, giuliani orchestrated a bogus months-long smear campaign against the ambassador that culminated in her removal in april. the president's sudden order to remove our ambassador came just three days after ukraine's presidential election in late april, which saw a reformer, volodymyr zelensky, swept into office on an anti-corruption platform. president trump called to congratulate zelensky right after his victory. he incited president zelensky to the white house and agreed to send vice president pence to his inaugural, but three weeks later, after rudy giuliani was denied a meeting with president zelensky, president trump abruptly ordered vice president pence to cancel his trip. instead, a lower-level delegation led by three of president trump's political appointees, secretary of energy rick perry, ambassador to the european union, gordon sondland, and special representative for ukraine negotiations kerrick volker attended zelensky's inaugural the following week. these three returned from ukraine impressed with president zelensky. in a meeting shortly thereafter with president trump in the oval office, they relayed their positive impression of the new ukrainian president and encouraged president trump to schedule the white house meeting he promised in his first call. but president trump reacted negatively. he railed that ukraine tried to take me down in 2016, and in order to schedule a white house visit for president zelensky, president trump told the delegation that they would have to, and i quote, talk to rudy. it is worth pausing here to consider the importance of this meeting in late may. this is the moment that president trump successfully hijacked the tools of our government to serve his corrupt personal interests. when the president's domestic political air and, as one witness described it, began to overtake and sub order nate u.s. foreign policy and national security interests. by this point in the scheme, rudy giuliani was advocating very publicly for ukraine to pursue the two sham investigations, but his request to meet with president zelensky was rebuffed by the new ukrainian president. according to reports about ambassador bolton's account, soon to be available, it's not too this body, then to book stores near you the president unsuccessfully tried to get bolton to call the new ukrainian president to ensure that he would meet with giuliani. the desire for ukraine to announce these phony investigations was for a clear and corrupt reason, because president trump wanted to politically benefit, wanted the political benefit of a foreign country announcing that it would investigate his rival. that is how we know without a doubt that the object of the president's scheme was to benefit his re-election campaign the. in other words, to cheat in the next election. ukraine resisted announcing the investigations throughout june, so the president and his agent, rudy giuliani, turned up the pressure. this time by yielding the power of the united states government. in mid-june, the department of defense publicly announced that it would be releasing 250 million of military assistance to ukraine. almost immediately after seeing this, the president quietly ordered a freeze on the assistance to ukraine. none of the 17 witnesses in our investigation were provided with a credible reason for the hold when it was implemented, all relevant agencies opposed the freeze. in july, giuliani and the president's opponents, appointees made clear to ukraine that a meeting at the white house would only be scheduled if ukraine announced the sham investigations. according to a july 19 email, the white house has tried to suppress, this drug deal as ambassador bolton called it, was well known among the president's most senior officials, including his chief of staff mick mulvaney and secretary of state mike pompeo, and it was relayed directly to senior ukrainian officials by gordon sondland on july 10 at the white house. everyone was in the loop. although president zelensky explained he did not want to be a pawn in washington politics, president trump did not care. in fact, on july 25, before president trump spoke to president zelensky, president trump personally conveyed the terms of this quid pro quo to gordon sondland, who then relayed the message to ukraine's president. later that morning, during the now infamous phone call, president trump explicitly requested that ukraine investigate the bidens and the 2016 election. zelensky responded, as president trump instructed, he ensured president trump that he would undertake these investigations. after hearing this commitment, president trump reiterated his invitation to the white house at the end of the call. now, no later than a few days after the call, the highest levels of the ukrainian government learned about the hold on military assistance. senior ukrainian officials decided to keep it quiet, recognizing the harm it would cause to ukraine's defense, to the new government standing at home, and to its negotiating posture with russia. officials in ukraine and the united states hoped that the hold would be reversed before it became public. as we now know, that was not to be. as we have explained during the trial, the president's scheme did not begin with the july 25th call and it did not end there either. as instructed, a top aide to president zelensky met with giuliani in early august, and they began working on a press statement for zelensky to issue that would announce the two sham investigations and lead to a white house meeting. now, let's be very clear here. the documentary evidence alone, the text messages, the emails that we've showed you confirms definitely the president's corrupt -- definitively, the president's corrupt quid pro quo for the white house meeting. subsequent testimony further affirms that the president withhold this official act. this highly coveted oval office meeting to apply pressure on ukraine to do his personal bidding. the evidence is unequivocal. despite this pressure, by mid-august pet zelens mid-augu mid-august president zelensky resisted the two politically motivated investigations desired by president trump. as a result, the white house meeting remained unscheduled just as it remains unscheduled to this day. during this same timeframe, in august, the president persisted in maintaining the hold on the aid despite warnings he was breaking the law by doing so as an independent watchdog recently confirmed that he did. according to the evidence presented to you, the president's entire cabinet believed he should release the aid because it was in the national security interests of our country. during the entire month of august there was no internal review of the aid. congress was not notified, nor was there any credible reason provided within the executive branch. with no explanation offered and with the explicit clear, yet unsuccessful, quid pro quo for the white house meeting in the front of his mind, ambassador sondland testified that the only logical conclusion was that the president was also withholding military assistance to increase the pressure on ukraine to announce the investigations. as sondland and another witness testified, this conclusion was as simple was two plus two equals four. if the white house meeting was a sufficient leverage to eextract announcements he wanted, trump would use the frozen aid as his hammer. secretary pompeo confirmed sondland's conclusion in an august 22 email. it was also clear that vice president pence was aware of the quid pro quo over the aid and was directly informed of such in warsaw on september 1 after the freeze had become public and ukraine became desperate. sondland pulled aside a top aide in warsaw and told him that everything, beoth the white houe meeting and also the security assistance, were conditioned on the announcement of the investigations that sondland, giuliani, and others had been negotiating with the same aid earlier in august. this is an important point. the president claims that ukraine did not know of the freeze and aid, though we know this to be false. as a former deputy foreign minister has admitted publicly, they found out about it within days of the july 25th call and kwe kept it quiet, but no one can dispute that even after the hold became public on august 28th, president trump's representatives continued their efforts to secure ukraine's announcement of the investigations. this is enough to proof extortion in court, and it is certainly enough to prove it here. if that wasn't enough, however, on september 7th, more than a week after the aid freeze became public, president trump confirmed directly to sondland that he wanted president zelensky in a public box, and that his release of the aid was conditioned on the announcement of the two sham investigations. having received direct confirmation from president trump, sondland relayed the president's message to president zelensky himself. president zelensky could resist no longer. america's military assistance makes up 10% of his country's defense budget, and president trump's visible lack of support for ukraine harmed his leverage in negotiations with russia. president zelensky affirmed to sondland on that same telephone call that he would announce the investigations in an interview on cnn. president trump's pressure campaign appeared to have succeeded. two days after president zelensky confirmed his intention to meet president trump's demands, the house of representatives announced its investigation into these very issues. shortly thereafter, the inspector general of the intelligence community notified the intelligence communities that the whistle-blower complaint was being improperly handled -- or improperly withheld from congress with the white house knowledge. in other words, the president got caught, and two days later, on september 11, the president released the aid. to this day, however, ukraine still has not received all of the money congress has appropriated and the white house meeting has yet to be scheduled. the identity of the whistle-blower, moreover, is irrelevant. the house did not rely on the whistle-blower's complaint, even as it turned out to be remarkably accurate. it does not matter who initially sounded the alarm when they saw smoke. what matters is that the firefighters, congress, were summoned and found the blaze, and we know that we did. the facts about the president's misconduct are not seriously in dispute, as several republican senators have acknowledged publicly. we have proved that the president abused his power in precisely the manner charged in article 1. president trump withheld a white house meeting, an essentially congressionally appropriated military assistance from ukraine in order to pressure ukraine to interfere in the upcoming presidential election on his behalf. the sham investigations president trump wanted announced had no legitimate purpose and were not in the national interests. despite the president's counsel's troubling reliance on conspiracy theories to claim the president acted in the public interest. the president was not focused on fighting corruption. in fact, he was trying to pressure ukraine's president to act corruptly by announcing these baseless investigations. and the evidence makes clear that the president's decision to withhold ukraine's military aid is not connected in any way to purported concerns about corruption. rather, the evidence was presented to you -- that was presented to you is damning, chilling, disturbing, and disgraceful. president trump weaponized our government, and the vast powers entrusted to him by the american people, and the constitution, to target his political rival and corrupt our precious elections, subverted our national security and our democracy in the process. he put his personal interests over those of the country and he violated his oath of office in the process. but the president's grave abuse of power did not end there. in conduct unparalleled in american history, once he got caught, president trump engaged in categorical and indiscriminal anytime obstruction of any investigation into his wrongdoing. he ordered every government agency and every official to defy the house's impeachment inquiry. and he did do for a simple reason. to conceal evidence of his wrongdoing from congress and the american people. the president's obstruction as unlawful and unprecedented, but it also confirmed his guilt. innocent people don't try to hide every document and witness, especially those that would clear them. that's what guilty people do. that's what guilty people do. innocent people do everything they can to clear their name and provide evidence that shows that they are innocent, but it would be a mistake to view the president's obstruction flanarry as the president's counsel have tried to portray it. the president did not defy the house's impeachment inquiry as part of a routine inner branch dispute or because he wanted to protect the constitutional rights and privileges of his presidency. he did it consistent with his vow to fight all subpoenas. the second articles of impeachment goes to the heart of our constitution and our democratic system of government. the framers of the constitution purposefully entrusted the power of impeachment in the legislative branch so that it may protect the american people from a corrupt president. the president was able to undertake sump comprehensive obstruction only because of the exceptional powers entrusted to him by the american people. and he wielded that power to make sure congress would not receive a single record or a single document related to his conduct and to borrow his closest -- bar his closest aides from testifying about his scheme. throughout the house's inquiry, just as they did during the trial, the president's counsel offered bad faith and meritless legal arguments as transparent legal window dressing intended to legitimize and justify the president's efforts to hide evidence of his misconduct. we have explained why all of these legal excuses hold no merit, why the house's subpoenas were valid, how the house's -- house appropriately exercised its impeachment authority, how the president's strategy was to stall and obstruct. we've explained how the president, after the fact reliance on unfounded and, in some cases, brand-new legal privileges, are shockingly transparent cover for a president dictator blanket obstruction. we've underscored how the president's defiance of congress is unprecedented in the history of our republic. and we all know that an innocent person would eagerly provide testimony and documents to clear his name as the president apparently thought he was doing mistakenly when he released the call records of his telephone calls with president zelensky. and even as the president has claimed to be protecting the presidency, remember that the president never actually invoked executive privilege throughout this entire inquiry. a revealing fact given the law's prohibition on invoking executive privilege to shield wrongdoing. and yet, according to the president's counsel, the president is justified in resisting the house's impeachment inquiry. they assert the house should have taken the president to court to defy the obstruction. the president's argument is as shameless as it is hypocritical. the president's counsel is arguing in this trial that the house should have gone to court to enforce its subpoenas while at the same time the president's own department of justice is arguing in court that the house could not enforce the subpoenas through the courts. and you know what remedy they say in court is available to the house? impeachment for obstruction of congress. this is not the first time this argument has been made. president nixon made it, too, but it was roundly rejected by the house judiciary committee 45 years ago. when the committee passed an article for obstruction of congress for far less serious obstruction than we have here. the committee concluded that it was inappropriate to enforce its subpoenas in court. and as the slide shows, the committee concluded that it was inappropriate to seek the aid of the courts to enforce its subpoenas against the president. this conclusion is based on the constitutional provision investing the power of impeachment solely in the house of representatives and the express denial by the framers of the constitution of any role for the courts in the impeachment process. again, the committee report on nixon's articles of impeachment. >> once we strip the president's obstruction of this legal window dressing, the consequences are as clear as they are dire for our democracy. to condone the president's obstruction would strike a death blow to the impeachment clause in the constitution. and if congress cannot enforce this sole power vested in both chambers alone, the constitution's final line of defense against a corrupt presidency will be eviscerated. a president who can obstruct and thwart the impeachment power becomes unaccountable. he or she is effectively above the law. and such a president is more likely to engage in corruption with impunity. this will become the new normal. with this president and for future generations. so where does this leave us? as many of you in this chamber have publicly acknowledged in the past few days, the facts are not seriously in dispute. we have proved that the president committed grave offenses against the constitution. the question that remains is whether that conduct warrants conviction and removal from office. should the senate simply accept or even condone such corrupt conduct? by a president? absent conviction and removal, how can we be assured that this president will not do it again? if we are to rely on the next election to judge the president's efforts to cheat in that election, how can we know that the election will be free and fair? how can we know that every vote will be free from foreign interference, solicited by the president himself? with president trump the past is prologue. this is neither the first time that the president solicited foreign interference in his own election, nor is it the first time that the president tried to object instruct an investigation into his misconduct. but you will determine, you will determine, you will determine whether it will be his last. as we speak, the president continues his wrongdoing unchecked and unashamed. donald trump hasn't stopped trying to pressure ukraine to smear his opponent, nor has he stopped obstructing congress. his political agent, rudolph giuliani, recently returned to the scene of the crime in ukraine to manufacture more dirt for his client, the president of the united states. president trump remains a clear and present danger to our national security and to our credibility around the world. he is decimating our global standing as a beacon of democracy while corrupting a free and fair election here at home. what is a greater protection to our country than ensuring that we, the american people, alone, not some foreign power, choose our commander in chief? the american people alone should decide who represents us in any office without foreign interference, particularly the highest office in the land. and what could undermine our national security more? to withhold from a foreign ally, fighting a hot war against our adversary. hundreds of millions of dollars of military aid to buy sniper rivals, rocket-propelled grenade launchers, radar, and night-vision goggles so that they may fight the war over there, keeping us safe here. if we allow the president's misconduct to stand, what message do we send? what message do we send to russia, our adversary, intent on fracturing democracy around the world. what will we say to our european allies already concerned with this president? about whether the united states will continue to support our nato commitments that have been a pilar of our foreign policy since world war ii. what message do we send to our allies in the free world? and if we allow the president's misconduct to stand what will we say to the 68,000 men and women in uniform in europe right now who courageously and admirably wake up every day ready and willing to fight for america's security and prosperity, for democracy in europe and around the world. what message do we send them when we say america's national security is for sale? that cannot be the message we want to send to our ukrainian friends or our european allies or to our children and our grandchildren who will inherit this precious republic. and i'm sure it is not the message thaw wish to send to our adversaries. the late senator john mccain was an astounding man. a man of great principle. a great patriot. he fought admirably in vietnam and was imprisoned as a p.o.w. for over five years. refusing an offer by the north vietnamese to be released early because his father was a prominent admiral. as you all are aware, senator mccain was a great supporter of ukraine. a great supporter of europe. a great supporter of our troops. senator mccain understood the importance of this body, this distinguished body, and serving the public, once saying, quote, glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely and who rely on you. the ukrainians and the europeans and the americans around the world and here at home are watching what we do. they are watching to see what the senate will do. and they are relying on this distinguished body to be constant to the principles america was founded on, and which we've tried to uphold for more than 240 years. doing the right thing and being constant to our principles requires a level of moral courage that is difficult, but by no means impossible. it is that moral courage shown by public servants throughout this country and throughout the impeachment inquiry in the house, people like ambassador marie yovanovitch. her decades of non-partisan service were turned against her in a vicious smear campaign that reached all the way to the president. despite this effort, she decided to honor a duly authorized congressional subpoena and to speak the truth to the american people. for this she was the subject of yet more smears against her career and her character, even as show testified in a public hearing before congress. her courage mattered. people like ambassador bill taylor, a west point graduate, who wears a bronze star, and an air medal for valor, and his proudest honor, a combat infantryman's badge. when his country called on him, he answered again and again and again in battle, in foreign affairs, and in the face of a corrupt effort by the president to extort a foreign country into helping his re-election campaign. an effort that ambassador taylor rightly believed was crazy. his courage mattered. people like lieutenant colonel alexander vindman who came to this country as a young child, fleeing authoritarianism in europe. he could have done anything with his life, but he chose public service, putting on a uniform and receiving a purple heart after being wounded in battle fighting courageously in iran. when he heard that faithful july 25th call in which the president sold out our country for his own personal gain, lieutenant colonel vindman reported it and later came before congress to speak the truth about what happened. lieutenant colonel vindman's courage mattered. to the other public servants who came forward and told the truth in the face of vicious smears, intimidation, and white house efforts to silence you, your courage mattered. you did the right thing. you did your duty. no matter what happens today or from this day forward, that courage mattered. whatever the outcome in this trial, we will remain vigilant in the house. i know there are dedicated public servants who know the difference between right and wrong, but make no mistake. these are perilous times. if we determine that the remedy for a president who cheats in an election is to pronounce him vindicated and attack those who exposed his misconduct. >> senators, before we break, i want to take a moment to say something about the staff who have worked tirelessly on the impeachment inquiry and this trial for months now. there is a small army of public servants down the hall from this chamber, in offices throughout the house, and, yes, in that windowless bunker in the capitol who have committed their lives to this effort because they, like the managers and the american people, believe that a president free of accountability is a danger to the beating heart of our democracy. i am grateful to all of them, but let me mention a few. daniel goldman, mahir ba tar, reann work la, patrick boland, william evans, patrick fallon, sean miss co, miss laos mitchell, daniel noble, emily simons, suzanne grooms, krista boyd, norm eisan, barry burke, joshua mats, dougler, sarah i isel, terry mccullough, dick meltser and wendy parker. some of those staff, including some singled out in this chamber, have been made to endure the most virks false attacks to the point they feel their lives have been put at risk. the attacks degrade our institution and all who serve in it. you have asked me why i hired certain of my staff, and i will tell you. because they are bri brilliant,d working, patriotic, and the best people for the job. and they deserve better than the attacks they have been forced to suffer. members of the senate, mr. chief justice, i want to close this portion of the statement by reading the words of the late elijah cummings who said this on the day the speaker announced the beginning of the impeachment inquiry. as elected representatives, he said, of the american people, we speak not only for those who are here with us now, but for generations yet here with us now but for generations yet unborne. our voices today are messages to a future we may never see. when the history books are written about this tumultuous era i want them to show i was among those in the house of representatives who stood up to lawlessness and tyranny. we the managers are not here representing ourselves alone or even just the house. just as you are not here making the determination as to the president's guilt or innocence for yourselves alone. you and we represent the american people. the ones at home and at work who are hoping that their country will remain what it has always believed it to be, a beacon of hope, of democracy and of inspiration to those striving around the w