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'Disaster': How Judge In Trump Impeachment Trial May Compel Witnesses And Break Ties | MSNBC

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>>> HERE’S SOMETHING EVERYONE >>> HERE’S SOMETHING EVERYONE CAN SEE CAN SEE THE KEY FAULT LINE OF PRESIDENT THE KEY FAULT LINE OF PRESIDENT TRUMP’S TRIAL WILL BE WHETHER TRUMP’S TRIAL WILL BE WHETHER THERE ARE WITNESSES AGAINST HIM

THERE ARE WITNESSES AGAINST HIM SENATOR KAMELA HARRIS OUT TODAY SENATOR KAMELA HARRIS OUT TODAY DEMANDING IT DEMANDING IT THEY WOULD NEED TO FIND FOUR THEY WOULD NEED TO FIND FOUR REPUBLICANS TO GET A CLEAN 51 REPUBLICANS TO GET A CLEAN 51 VOTES TO TALK ABOUT THE MAGIC VOTES TO TALK ABOUT THE MAGIC NUMBER FOUR NUMBER FOUR

>> FOUR SENATORS WHICH IS THE >> FOUR SENATORS WHICH IS THE MAGIC NUMBER MAGIC NUMBER >> IF ALL FRENCH DEMOCRATIC >> IF ALL FRENCH DEMOCRATIC NATORS WROTE THEY WOULD LIKE NATORS WROTE THEY WOULD LIKE TO HEAR WITNESSES, THEY ONLY TO HEAR WITNESSES, THEY ONLY NEED FOUR REPUBLICANS TO JOIN NEED FOUR REPUBLICANS TO JOIN WITH THEM WITH THEM >> ONLY FOUR REPUBLICAN VOTES >> ONLY FOUR REPUBLICAN VOTES ARE NECESSARY IN ORDER TO TRY TO ARE NECESSARY IN ORDER TO TRY TO GET MORE FACTS BEFORE THE SENATE GET MORE FACTS BEFORE THE SENATE SO WE CAN HAVE A FAIR TRIAL

SO WE CAN HAVE A FAIR TRIAL >> WE WOULD NEED FOUR >> WE WOULD NEED FOUR REPUBLICANS TO JOIN ALL THE REPUBLICANS TO JOIN ALL THE DEMOCRATS IN VOTING FOR DEMOCRATS IN VOTING FOR WITNESSES AND DOCUMENTS WITNESSES AND DOCUMENTS >> THE CLEAREST WAY TO ENSURE >> THE CLEAREST WAY TO ENSURE WITNESSES IS TO ADD FOUR WITNESSES IS TO ADD FOUR REPUBLICANS FOR THAT 51 VOTE REPUBLICANS FOR THAT 51 VOTE MAJORITY MAJORITY

BUT IT’S NOT THE ONLY WAY BUT IT’S NOT THE ONLY WAY IT COULD BE POSSIBLE WITH JUST IT COULD BE POSSIBLE WITH JUST THREE THREE A NUMBER THAT LOOKS MORE IN A NUMBER THAT LOOKS MORE IN REACH AS TWO REPUBLICAN SENATORS REACH AS TWO REPUBLICAN SENATORS NOW ACTIVELY SAY FOR WITNESSES, NOW ACTIVELY SAY FOR WITNESSES, COLLINS, AS MURKOWSKIIAN TO COLLINS, AS MURKOWSKIIAN TO ALREADY COUNT THREE REPUBLICANS ALREADY COUNT THREE REPUBLICANS BACKING WITNESSES NOTE FOR A BACKING WITNESSES NOTE FOR A CLEAR MAJORITY DEMOCRATS NEED A CLEAR MAJORITY DEMOCRATS NEED A FOURTH

FOURTH NOW, THERE EVOTES WOULD MAKE — NOW, THERE EVOTES WOULD MAKE — THREE VOTES FOR MAKE FOR A 50-50 THREE VOTES FOR MAKE FOR A 50-50 TIE AS THE VICE PRESIDENT BREAKS TIE AS THE VICE PRESIDENT BREAKS TIES TIES >> Reporter: A 50-50 TIE, VICE >> Reporter: A 50-50 TIE, VICE PRESIDENT GORE CALLED TO THE PRESIDENT GORE CALLED TO THE CAPITOL, CASTING A DECISIVE VOTE CAPITOL, CASTING A DECISIVE VOTE IN FAVOR OF IF YOU GUP CONTROLS IN FAVOR OF IF YOU GUP CONTROLS

>> THE VICE PRESIDENT VOTES IN >> THE VICE PRESIDENT VOTES IN THE AFFIRMATIVE AND THE THE AFFIRMATIVE AND THE AMENDMENT IS AGREED TO AMENDMENT IS AGREED TO >> VICE PRESIDENT DIG KANE >> VICE PRESIDENT DIG KANE PROMISED TODAY TO CAST THE TIE PROMISED TODAY TO CAST THE TIE BREAKING VOTE, IF NEEDED TO BAN BREAKING VOTE, IF NEEDED TO BAN SENATE PHILLY BUSTERS SENATE PHILLY BUSTERS >> I WILL BE CALLED ON NEXT WEEK >> I WILL BE CALLED ON NEXT WEEK FOR THE FIRST TIME IN AMERICAN FOR THE FIRST TIME IN AMERICAN HISTORY AS VICE PRESIDENT TO HISTORY AS VICE PRESIDENT TO CAST THE DECIDING TIE BREAKING CAST THE DECIDING TIE BREAKING VOTE FOR A CABINET NOMINEE

VOTE FOR A CABINET NOMINEE >> PENCE WON’T BE BREAKING ANY >> PENCE WON’T BE BREAKING ANY TIES AT THIS TRIAL, CONSIDER HOW TIES AT THIS TRIAL, CONSIDER HOW HE WAS BUMPED TODAY BY CHIEF HE WAS BUMPED TODAY BY CHIEF JUSTICE ROBERTS BEGAN PRESIDING JUSTICE ROBERTS BEGAN PRESIDING IF THERE ARE TIES AT THIS TRIAL IF THERE ARE TIES AT THIS TRIAL ABOUT WITNESSES OR ANYTHING ABOUT WITNESSES OR ANYTHING ELSE, THE CHIEF JUSTICE MAY ELSE, THE CHIEF JUSTICE MAY BREAK THEM BREAK THEM

AND I DON’T MEAN MAY IN THEORY, AND I DON’T MEAN MAY IN THEORY, OR MAY AS A PARLOR GAME, A FAN OR MAY AS A PARLOR GAME, A FAN FICTION FOR SENATE NERDS, I MEAN FICTION FOR SENATE NERDS, I MEAN MAY IN THE SENSE THAT IT’S MAY IN THE SENSE THAT IT’S HAPPENED BEFORE AND IT CAN HAPPENED BEFORE AND IT CAN HAPPEN AGAIN HAPPEN AGAIN IN THE EARLIEST PRESIDENTIAL IN THE EARLIEST PRESIDENTIAL TRIAL, THE ONE CLOSEST TO THE TRIAL, THE ONE CLOSEST TO THE FOUNDING ERA WHEN THIS WHOLE SET FOUNDING ERA WHEN THIS WHOLE SET OF RULES WAS CREATED, THE CHIEF OF RULES WAS CREATED, THE CHIEF PRESIDENTS DECIDED OVER PRESIDENTS DECIDED OVER JOHNSON’S TRIAL COULD DETERMINE JOHNSON’S TRIAL COULD DETERMINE HE COULD BREAK TIES AND HE DID, HE COULD BREAK TIES AND HE DID, TWICE TWICE THAT’S NOT JUST SOME OLD STORY THAT’S NOT JUST SOME OLD STORY IN HISTORY

IN HISTORY YOU KNOW THOSE SENATE RULES WE YOU KNOW THOSE SENATE RULES WE KEEP HEARING ABOUT, THEY HAVE A KEEP HEARING ABOUT, THEY HAVE A SECTION ON HISTORICAL PRECEDENCE SECTION ON HISTORICAL PRECEDENCE WHERE THEY NOTE THE CHIEF WHERE THEY NOTE THE CHIEF JUSTICE HAS VOTED IN THE CASE OF JUSTICE HAS VOTED IN THE CASE OF A TIE A TIE IT WAS CONTESTED AT THE TIME IT WAS CONTESTED AT THE TIME

THE SENATE THEN HELD A VOTE ON THE SENATE THEN HELD A VOTE ON WHETHER THE CHIEF JUSTICE COULD WHETHER THE CHIEF JUSTICE COULD VOTE IN THE TIE BREAKERS VOTE IN THE TIE BREAKERS THEY BACKED HIM UP FROM THE THEY BACKED HIM UP FROM THE SENATE’S OWN RULES HISTORY SENATE’S OWN RULES HISTORY SECTION SECTION THE SENATE THEN TURNED DOWN EACH THE SENATE THEN TURNED DOWN EACH ATTEMPT TO PREVENT THE CHIEF ATTEMPT TO PREVENT THE CHIEF JUSTICE FROM VOTING IN TIE JUSTICE FROM VOTING IN TIE BREAKERS SO IF ANY VOTE DEAD BREAKERS SO IF ANY VOTE DEAD ENDS AT 50-50

ENDS AT 50-50 THERE IS HISTORICAL PRECEDENCE THERE IS HISTORICAL PRECEDENCE FOR ROBERTS TO TIE FOR ROBERTS TO TIE IF IT IS A STARNTD REQUESTNDARD IF IT IS A STARNTD REQUESTNDARD ROBERTS MAY BREAK THE TIE IF ROBERTS MAY BREAK THE TIE IF FAVE OF THESE WITNESSES AGAINST FAVE OF THESE WITNESSES AGAINST TRUMP TRUMP

NOW, ON THE OTHER HAND, ARE WE NOW, ON THE OTHER HAND, ARE WE MAYBE GETTING AHEAD OF MAYBE GETTING AHEAD OF OURSELVES? OURSELVES? THIS TRIAL HASN’T FORMALLY THIS TRIAL HASN’T FORMALLY STARTED YET STARTED YET WE ARE GOING DEEP INTO THE WE ARE GOING DEEP INTO THE HISTORY OF THE RULES HISTORY OF THE RULES BUT LET ME TELL YOU SOMETHING, BUT LET ME TELL YOU SOMETHING, TRIALS ARE A BATTLE AND BATTLE TRIALS ARE A BATTLE AND BATTLE STRATEGY ALWAYS REQUIRES STRATEGY ALWAYS REQUIRES PLANNING

PLANNING CONSIDER SUN SU’S MAXIM, CONSIDER SUN SU’S MAXIM, VICTORIOUS WARRIORS GO TO WAR VICTORIOUS WARRIORS GO TO WAR MITCH McCONNELL KNOWS ALL ABOUT MITCH McCONNELL KNOWS ALL ABOUT THAT, IF OTHER PEOPLE MIGHT BE THAT, IF OTHER PEOPLE MIGHT BE SLEEPING ON THESE RULES OR SLEEPING ON THESE RULES OR HYPOTHETICALS, SHE NOT HYPOTHETICALS, SHE NOT

McCONNELL’S OFFICE ALREADY McCONNELL’S OFFICE ALREADY PUTTING OUT HIS VIEW AGAINST THE PUTTING OUT HIS VIEW AGAINST THE HISTORY I JUST SHOWED YOU HISTORY I JUST SHOWED YOU IMPEACHMENT, IN IMPEACHMENT IMPEACHMENT, IN IMPEACHMENT TRAILS, TIES LOSE, YES, TRAILS, TIES LOSE, YES, McCONNELL CLEARLY TRYING TO WIN McCONNELL CLEARLY TRYING TO WIN FIRST BEFORE ANY WAR OVER A FIRST BEFORE ANY WAR OVER A POTENTIAL TIE VOTE POTENTIAL TIE VOTE BUT, FOR THE FIRST TIME IN THIS BUT, FOR THE FIRST TIME IN THIS TRUMP ERA, THE DECISION TO TRUMP ERA, THE DECISION TO INTERPRET SENATE RULES IS NOT UP INTERPRET SENATE RULES IS NOT UP TO McCONNELL ALONE TO McCONNELL ALONE IT MAY BE UP TO THE CHIEF IT MAY BE UP TO THE CHIEF JUSTICE WHAT HE THINKS HIS DUTY, JUSTICE WHAT HE THINKS HIS DUTY, IT MAY BE UP TO A VOTE OF 51 OR

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