Giuliani won’t be on Trump impeachment team

Trump was impeached by the House for a second time last week.

President Donald Trump is slated to hand over control of the White House to President-elect Joe Biden in three days.

The House of Representatives voted to impeach Trump last Wednesday on an article for "incitement of insurrection" for his role in the Jan. 6 attack on the U.S. Capitol -- making him the only president to be impeached twice.

Top headlines:

Here is how the scene is unfolding. All times Eastern.
Jan 14, 2021, 10:21 AM EST

Trump defense team uncertain ahead of Senate trial

With Trump facing a Senate trial as soon as next week, he has no organized defense team as his top lawyers have refused to represent him. 

White House counsel Pat Cipollone, his deputies, and outside lawyers Jay Sekulow, and Jane and Marty Raskin are not expected to be involved.

Trump has been increasingly irritated with his personal attorney Rudy Giuliani and hasn’t been taking his calls, according to sources familiar with the matter, though Giuliani has been spotted in the West Wing recently. 

President Donald Trump's personal lawyer Rudy Giuliani speaks to supporters from The Ellipse near the White House on Jan. 6, 2021, in Washington, D.C.
Brendan Smialowski/AFP via Getty Images, FILE

And former Harvard professor Alan Dershowitz is not on board yet, though aides to the president have had discussion with him about joining the team. 

Another attorney, John Eastman, whose extremist positions have troubled some members of the president’s legal team recently, is expected to take some sort of role in Trump’s impeachment defense

Eastman represented the president in the Texas dispute and has previously pushed a racist conspiracy theory about Vice President-elect Kamala Harris. 

Trump has asked top aides about how a Senate trial would look this time around. As he did during his first impeachment, Trump raised the idea of testifying himself, which aides dissuaded him from pursuing.

-ABC News' Katherine Faulders and John Santucci

Jan 14, 2021, 10:10 AM EST

Lady Gaga, Jennifer Lopez to perform at Biden’s inauguration

Lady Gaga and Jennifer Lopez will lend their voices to Biden's inauguration next week, performing when he officially becomes the 46th president of the United States, Biden's Presidential Inaugural Committee announced Thursday morning.

The announcement detailing participants in the 59th inaugural swearing-in ceremony represents one of the more traditional aspects of Biden's inauguration, which has been largely altered amid the COVID-19 pandemic to accommodate an at-home audience, and facing new concerns over security in the wake of a riot at the Capitol last week that left five dead.

A security fence surrounds the U.S. Capitol in Washington, D.C on Jan. 8, 2021.
Brendan Smialowski/AFP via Getty Images

Gaga, who appeared on the campaign trail with Biden during the 2020 election and worked with the then-vice president on his "It's on Us" campaign to combat campus sexual assault, will perform the national anthem when Biden is sworn in, the committee announced.

Lopez, who endorsed Biden, and took part in a virtual chat with the president-elect during the campaign, is also slated to perform at the event.

-ABC News' Molly Nagle

Jan 14, 2021, 10:07 AM EST

Impeachment vote sets up challenge for Biden and new Senate: Analysis

Ten is either a huge number or a stunningly small one, depending on one's views of the state of partisanship and Trump's culpability for his words and actions.

But 10 Republicans won't be enough to bring true consequences to the soon-to-be-former president. That will fall to the Senate, where the focus will be in the early days of the Biden presidency, now that the House voted in the quickest and most bipartisan impeachment in American history.

Senate Majority Leader Mitch McConnell is making clear that impeachment will be Senate Minority Leader Chuck Schumer's to handle, once they trade jobs late next week. McConnell's public statement not to have prejudged the outcome matters greatly at the outset of the coming trial.

In this image from video, Senate Majority Leader Mitch McConnell speaks as the Senate reconvenes after protesters stormed the Capitol, Jan. 6, 2021.
Senate Television via AP

All of the dynamics will be different by this time next week. Soon-to-be-President Biden will have appointees to confirm and a COVID-19 relief bill he wants passed; more will emerge about how last Wednesday's indignities came to pass; and the nation will know whether Biden will be allowed to take office peacefully in the end.

Plus, the Senate is just different than the House. There are different personalities and election cycles, different ambitions, more and different potential coalitions and partnerships, and an overall sense of more independence from presidents.

Trump's legacy has been sullied by the events of the past week and a second impeachment leaves its own permanent mark. But final and official judgments will fall to the body Biden knows so well -- and where he is likely to look to build his own presidential legacy starting quite soon.

-ABC News' Political Director Rick Klein

Jan 13, 2021, 9:40 PM EST

Republican lawmaker explains why he voted ‘no’ on the article of impeachment

Although South Dakota Rep. Dusty Johnson said that Trump deserves “more than his fair share of blame” for the U.S. Capitol riot last week, he voted not to impeach the president Wednesday.

Johnson told ABC News that his decision was based on due process of the law.

“I think due process matters,” said Johnson. “I just felt like a snap impeachment was not in the best interest of the country.”

Members of the House of Representatives meet at the U.S. Capitol while Democrats debate one article of impeachment against President Donald Trump in Washington, D.C., Jan. 13, 2021.
ABC News

He said Trump could have been held accountable through censure.

“Impeachment for someone who is out of office looks like some sort of formal reprimand. Really, you can’t kick them out when they’re already gone,” said Johnson. “I think (Nancy Pelosi) could have gotten 100 Republican votes for censure.”

Democrats defended the use of impeachment because an impeachment and a conviction vote by two-thirds of the Senate would open Trump up to a congressional ban on running for federal office. Trump has already indicated that he would run for office again in 2024. 

Johnson said that he and “dozens” of his Republican colleagues felt frustrated on the House floor Wednesday. He said that his fellow Democrats missed an opportunity to work across the aisle.

“The rhetoric on the House floor today was the most toxic I have seen in my two years. It was the most rancorous,” he said. “And that’s one of the reasons why I was trying to get some of my Democratic colleagues more interested in a bipartisan censure, a more unifying approach than, I think, a largely single-party impeachment process.”

-ABC News Haley Yamada

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