House managers, Trump defense team debate whether to call witnesses

Witnesses may be subpoenaed to determine former President Trump's state of mind on Jan.6 amid reports about calls Trump had with GOP lawmakers during the Capitol riot.
12:28 | 02/13/21

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Transcript for House managers, Trump defense team debate whether to call witnesses
On the air in the second impeachment trial of Donald contract because there's breaking news in this trial we're expecting to go to final arguments in a final vote today but there you see the lead house manager congressman Jamie raskin Marilyn. Sandy he is going to do call subpoena or at least one witness in this trial let's listen in to what he said. But last night congresswoman Jaime Herrera Butler of Washington State issued a statement confirming. That in the middle of the insurrection. When House Minority Leader Kevin McCarthy. Called the president to beg for help president trump responded and I quote. Well Kevin I guess these people are more upset about the election then you are. Needless to say this is. In addition all critical piece of corroborating evidence further confirming the charges before you as well as the president's willful. Tackler. Dereliction of duty and desertion of duty as commander in chief United States his state of mind. And his further incitement of the insurrection on generous acts. For that reason and because this is the proper time. To do so under. The resolution of the senate adopted to set the rules for the trial we would like the opportunity to subpoena congresswoman her rarer regarding. Her communications with House Minority Leader Kevin McCarthy. And to subpoena her contemporaneous notes that she made regarding what president trump. Hold Kevin McCarthy in the middle the insurrection. We will be prepared to proceed by zoom deposition. Of an hour or less. Just as soon as congresswoman Pereira valor. He's available in two then proceed to the next phase of the trial including the introduction. That testimony shortly thereafter. Congressman Butler further stated that she hopes other witnesses. To this part of the story other patriots as she put it. Would come forward and if that happens. We would seek. The opportunity take their depositions be Xoom also for less than an hour or to subpoena other relevant documents as well. There you have it. News breaking lesson from Carson Jaime Herrera about a Republican. Washington who voted for impeachment. Describing a conversation. With Kevin McCarthy house Republican leader. On January 6 where he described how he was trying to get president trump. Two call off. The protesters call off the writers on that day she also made a call for others who had relevant information to come for you heard there. Carson raskin is saying that they will do intend to subpoena. Congressman how everywhere Butler and her notes now we're getting a response from the president's attorney Michael intervene. 911. Star idol. Investigation. And that Nancy pull Rosie called for. It should have been done already. It's a dereliction of the house managers duty. That they did it. And now at the last minute after a stipulation had apparently been worked out. They want to go back on that. I think that's inappropriate and improper. We should close this case out today. We have each prepared are closing arguments. We H I mean I had eight days to get ready for this thing. Well we each had those eight days equally. Together to prepare ourselves. And the house managers. Need to live with the case that they brought. But if they don't please. In all fairness and an all. Due process. Do not. Limit. My ability to soon discover discover discover. The truth. That would be. Another sham. And that's the president's position that my position. The presence turning Michael vanderveer in. Suggesting perhaps of this trial could end up going on for some time he's saying it majority votes to. Adam one witness they should have more they should give him the ability to discover witnesses as well. First of all this is the proper time that we were assigned to talk about witnesses this is completely within the course of the rules set forth. By the senate there's nothing remotely. And usual about this. I think we've done an ex exceedingly thorough and conference of job. With all the evidence that was available last night. This was breaking news and it responded directly to a question that was being raised. By the president's defense counsel saying that we had not sufficiently proven to their satisfaction although I think we've proven to satisfaction of the American people certainly that the president. After the breach an invasion took place. Was not working. On this side of defending the capital but rather was continuing to pursue his political goals and the information that came out last night by. Congressman Butler apparently backed up by contemporaneous. Notes that she'd taken. I think we'll put to rest any lingering doubts raised five. The president's counsel who do now says he wants to interview hundreds of people there's only one person. The president's council really needs to interview and that's their own client. And bring him forward as we suggested last week because a lot of this is matters that are in his head what why did he not. Back to defend the country after he learned. -- the attack why was he continuing to press the political case but this piece of evidence is relevant to that. And finally but I I wasn't I was. A little bit mystified by the point about the article of impeachment which started. Referred to. The dereliction of duty the desertion duties builds into the incitement charged obviously. If the present United States is out in citing a violent insurrection he's obviously not doing his job. At the same time just like if a police officer is mugging view. Yet he's guilty of theft. And armed robbery whatever might be but he's also not doing his job as a police offers officer so it's further evidence of his intent and what his conduct its. Are. First of all it's my understanding. It's been Rowe reported. That harm mr. McCarthy just claims the rumors. That have been the basis of this mornings and takes but really the rumors that have been the basis of this entire proceeding. This entire proceeding is based on rumor report. In you window. There's nothing to it and they didn't do their work. Just like what happened with mr. Lee two or three nights ago to some suppose in conversation it happened. And they had to withdraw. Law that data back off of that because it was false it was a false narrative. But it is one article of impeachment yet they threw a lot of stuff Bennett in violation of rule 23. Rule twenty. It's a deep fact in their entire case it's one of the four reasons why you can. They boat tour quit in this case jurisdiction. Rule 23. Due process in the First Amendment. They all apply in this case. Let me let me let me take my own inflation coldest temperature in the room -- on that. It's about the incitement. It's not about what happened afterwards that's actually the irrelevant stuff. That's the irrelevant stuff. It's not done things that were sent from the elections in January 6 it's not relevant to the legal analysis. Of the issues that are before this body. It doesn't matter what happened. After the insurgents. Into the capitol building. Because that doesn't have to do with incitement. Incitement as it is it's it's a part time folks. It's a part. Good time when the words are spoken and the words Shea. Implicit we say explicitly. Say. Commit acts of violence or lawlessness. And we don't have that here so. For the house managers to say we may need depositions about things that happened after. It's not just not true. Bought. A lot. If he does. There are a lot of depositions that need to be happened. Nancy closings deposition needs to be taken tomorrow. Replace president. Harrison is. Deposition absolutely needs to be taken. And not by zoom. None of these depositions should be done by soon. We needed to do this year ringed by zoom. These depositions should be done in person in my office and Billy Dell. That's where they should be done. I don't know how many civil lawyers are here but that's the way it works folks. When you want somebody's deposition. You send a notice of deposition. And they appear at the place where there know his show has. That's Sobel SaaS. I don't want your dropping into civil process that is the way lawyers don't we see him notice of deposition. In the area has some. I would remind everybody. Who knew we will have ordered. In. And the chamber for you. During these proceedings. And laughed at any if you. And there's nothing laughable here. He mentioned my client combing in the testified. That is not the way it's dawn. If you wanted to talk to Donald Trump he should reporters subpoenaed down like ominous slap subpoenas on a good number of people. If witnesses are what work is required here for them to try to get their case back in order. Which is failed miserably. For four reasons. There is no jurisdiction here there has been no. Due process here they have completely. Violated and ignored its dot dot. The constitution. Of the United States they have trampled on it like people who have no respect for it. And if this is about nothing else it has to be about the respect of our country our constitution. And all of the people that make it up. And so that I ask when considering her voting on this witness. Matter and to be clear this may be the time to do it but again and everybody needs to know that look back room politics. Not so much into it all of them out to the debt added neither. There was a stipulation they felt pretty comfortable after date to. Until their case was tested on day three. Now is the time to end this now is the time to hear the closing arguments now is the time to vote your conscience. Thank you.

This transcript has been automatically generated and may not be 100% accurate.

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