Trial focuses on what Trump wanted and when he wanted it: The Note

Establishing Trump's actions will matter even after the trial is complete.

By
Rick Klein
 and
Alisa Wiersema
February 10, 2021, 6:03 AM ET
8 min read

The TAKE with Rick Klein

Even an emotional prosecution and a mess of a defense may not change the Senate math.

But while so many of the facts around the second impeachment trial of former President Donald Trump are settled, a key question is emerging that could matter beyond final votes on conviction.

For all that is established about what rioters did, why they did it and even what Trump said to seemingly encourage them, what the then-president did in the hours that the attack was ongoing is a key piece of the case being assembled by House managers.

There's the belated and half-hearted video Trump released on the afternoon of Jan. 6. There's also what might be the most consequential -- and one of the final – tweets of his presidency, from 6:01 p.m. ET that evening: "These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away… Remember this day forever!"

Trump's attorneys said explicitly Tuesday that no one will defend the atrocities of that day, which indeed is being well-remembered. Their legal brief claimed that Trump was immediately "horrified" by the events at the Capitol, notwithstanding what's publicly known about his mindset and actions that day.

They also conceded that Trump lost the election to President Joe Biden, something Trump himself has failed to do now -- and the exact opposite of what he was falsely claiming on the day the riot took place.

It's been a long month-plus since then, with short memories revived now by the trial. Establishing the facts of Trump's actions will matter even after the trial is complete.

The RUNDOWN with Alisa Wiersema

Split screen moments happen frequently in politics and Tuesday in Washington was no exception. As the former president's legal team began presenting their case in his historic, second impeachment trial, at the White House, Trump's successor barely acknowledged the proceedings.

"Look, I told you before. I have a job," President Joe Biden said when asked if he would watch the trial. The president reiterated his main job is to help Americans pull through the pandemic and he closed the door on any future comments about impeachment proceedings.

"The Senate has their job. They're about to begin it. I'm sure they're going to conduct themselves well. And that's all I'm going to have to say about impeachment," Biden said.

Biden's reluctance to weigh in on Trump's impeachment trial parallels his plans to keep a busy schedule. In doing so, Biden is effectively showing the public what he thinks of Trump's legacy rather than verbally commenting on it in the context of impeachment. The distance also signals a deference to Biden's goal of political unity, which will be crucial in achieving his many policy goals well after the trial concludes.

In addition to the ongoing pandemic relief negotiations, the White House says the president plans to prioritize visits to the Pentagon and the National Institutes of Health to address challenges related to the coronavirus and national security. He's also preparing to make the first official trip of his presidency next Tuesday when he heads to Wisconsin, a 2020 battleground state Biden won and whose election results Trump contested.

The TIP with Kendall Karson

Beyond the boundaries of Washington, where the Senate proceedings are testing the durability of Trump's grip on members of his own party, the former president's wing of the GOP scored an early win over the establishment in deep red Arkansas.

Two weeks after former White House press secretary Sarah Huckabee Sanders announced a bid for governor in the state her father once led, Lt. Gov. Tim Griffin, who worked in former President George W. Bush's White House, exited the race on Monday to turn his attention to running for attorney general.

It's a sign of the power of a Trump endorsement in still Trump-friendly territory, where he won the state by nearly 30 points last fall. Sanders earned the endorsement of her former boss hours after she launched her campaign, which is heavily rooted in Trump's culture war tactics and far-right rhetoric. "Everything we love about America is at stake. With the radical left now in control of Washington, your governor is your last line of defense," she said in her announcement video.

Sanders now finds herself on stronger footing to earn the nomination after Griffin's departure. But it's not a lock just yet, with Attorney General Leslie Rutledge -- another contender vying to claim the mantle of Trumpism as a staunch supporter of the former president -- not showing any signs she's ready to bow out.

ONE MORE THING

At Trump's second impeachment trial, a core argument made by the former president's legal team is that the trial is unconstitutional because he is no longer in office. But at campaign rallies amid his reelection push, Trump himself repeatedly targeted former President Barack Obama, calling for his predecessor to be impeached despite being out of office for years, even joking about a "belated impeachment."

THE PLAYLIST

ABC News' "Start Here" podcast. Wednesday morning's episode features ABC News Senior National correspondent Terry Moran, who recaps Day 1 of the impeachment trial of former President Donald Trump. ABC News' Alex Perez tells us what we know about a shooting at a Minnesota health clinic. And ABC News' Laura Romero explains the debate playing out over visiting vaccinated family members at nursing homes. http://apple.co/2HPocUL

ABC News' "Powerhouse Politics" podcast. Sen. Jeff Merkley, D-Ore., talks with ABC News Political Director Rick Klein and Chief Washington Correspondent Jonathan Karl on the second day of former President Donald Trump's second impeachment trial. https://bit.ly/3oMKdUP

WHAT YOU NEED TO KNOW TODAY

  • House impeachment managers must file all motions, except those related to witnesses, by 9 a.m. and former President Donald Trump's legal team must to respond to the House managers’ motions by 11 a.m.
  • President Joe Biden and Vice President Kamala Harris receive the president's daily brief at 9:30 a.m. They meet with Defense Secretary Lloyd Austin and other senior military and civilian leadership at the Pentagon at 2 p.m. and then Biden, Harris and Austin will deliver remarks to Department of Defense personnel at 2:50 p.m. At 3:30 p.m., they tour the African Americans in Service Corridor at the Pentagon.
  • At 10 a.m., the Senate Budget Committee will hold a hearing on the confirmation of Neera Tanden for director of Office of Management and Budget.
  • The White House COVID-19 Response Team and public health officials hold a press briefing at 11 a.m.
  • White House press secretary Jen Psaki holds a briefing at 12:30 p.m.
  • Trump's second impeachment trial resumes at noon.
  • ABC News has live coverage of Trump's second impeachment trial before the Senate. Tune in to ABC News Live at noon for full coverage and analysis.
  • The vice president, Jeff Zients, coordinator of the COVID-19 response, and Dr. Marcella Nunez-Smith, chair of the COVID-19 Health Equity Task Force, host a listening session at 5:30 p.m. with dozens of mayors from the African American Mayors Association on the president's coronavirus relief plan.

    • Download the ABC News app and select "The Note" as an item of interest to receive the day's sharpest political analysis.

    The Note is a daily ABC News feature that highlights the day's top stories in politics. Please check back tomorrow for the latest.