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Senate confirms Blinken as secretary of state and convenes as court of impeachment

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The Senate Homeland Security Committee voted to advance the nomination of Alejandro Mayorkas as secretary of homeland security, teeing up a full Senate vote on his confirmation.

The committee voted 7 to 4 to send his nomination to the Senate floor on Tuesday, with one additional vote against the nomination cast by proxy. GOP Senators Ron Johnson, James Lankford, Rick Scott, Josh Hawley and Rand Paul voted against advancing Mayorkas to a full Senate vote.

Mayorkas testified before the committee last week.

Johnson led the charge among those registering their opposition, voicing concerns over a 2015 Department of Homeland Security (DHS) inspector general’s report that found Mayorkas pushed for the approval of applications for a program for wealthy immigrant investors on the behalf of well-connected Democrats when he served as director of the U.S. Citizenship and Immigration Services (USCIS). 

“My preference would have been not to air this dirty laundry publicly. I would have hoped that President Biden would have had better sense to nominate and carry forth with the nomination,” the outgoing chairman stated. He later added, “I’ve had a good working relationship with Mr. Mayorkas as deputy secretary of DHS and hope to work with him in good faith if he is confirmed as secretary. I simply cannot support his nomination and I would urge members not to as well.” 

GOP Senators Rob Portman and Mitt Romney expressed their concern with regard to the 2015 report, but ultimately voted in favor of pushing his nomination through to the upper chamber.  

“We’ve just endured a president over four years, who I will say generously, had a relaxed relationship with the truth. And I think we want the highest level of integrity in positions of government,” Romney remarked, noting that Mayorkas’ acknowledged his errors in a private conversation and vowed to learn from them.  

“This is a tough one,” Portman conceded. Ultimately, the Senator from Ohio reasoned that Mayorkas’ fate was already sealed. “He’s going to be confirmed. The question is how quickly is he going to be in place,” he told his colleagues, noting the importance of putting a secretary at the helm of DHS in the aftermath of the Solar Winds cyberattack.

Soon-to-be Democratic Chairman Gary Peters urged colleagues to “expedite” Mayorkas’ confirmation “as much as possible.”

“In fact, every day that this confirmation process is delayed, places the American people and our national security risk from threats posed by domestic terrorism, from cyber-attacks and the ongoing pandemic and so much more,” Peters said.

Senators wished Portman well following his announcement that he will retire from the Senate in 2022. Then Romney interjected with a laugh, “Don’t be too concerned about him leaving, because he’s just organizing his campaign for president.” 

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Chief Justice John Roberts won’t preside over the Senate impeachment trial

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Department of Justice Inspector General Michael Horowitz at the US Capitol on December 18, 2019 in Washington, DC.  Samuel Corum/Getty Images

Department of Justice Inspector General Michael E. Horowitz on Monday announced that the Office of the Inspector General (OIG) is initiating “an investigation into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election,” according to a release.

The Office of the Inspector General said they were making this statement, consistent with DOJ policy, “to reassure the public that an appropriate agency is investigating the allegations.”

The probe comes on the heels of reports last week from The New York Times and The Wall Street Journal that former President Donald Trump attempted to use his Justice Department to challenge the election results, an effort that included the possibility of Trump ousting then-acting Attorney General Jeffrey Rosen.

The Times said in a report published Friday that Jeffrey Clark, a lawyer for the DOJ, nearly convinced Trump earlier this month to remove Rosen and use the department to undo Georgia’s election results.

Clark  — who appealed to the former President’s false claims of election fraud  — met with Trump earlier in January and told Rosen following the meeting that the then-President was going to replace him with Clark. Clark would then move to keep Congress from certifying the election results in Biden’s favor, according to the paper.

Rosen demanded to hear the news straight from Trump, the Times said, and arranged a meeting on the evening of Jan. 3  — the same day that Trump’s call with Georgia Secretary of State Brad Raffensperger, in which Trump pressured the state official to find enough votes for him to win Georgia, came to light.

Senate Majority Leader Chuck Schumer called for Horowitz to launch a probe on Saturday, writing in a tweet that it was “unconscionable a Trump Justice Department leader would conspire to subvert the people’s will.”

 

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Prospects of convicting Trump erode as GOP grows vocal against Senate impeachment proceedings

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After Democratic leaders announced they would kick off the process to begin the impeachment trial on Monday, Republicans grew sharply critical about the proceedings — and made clear that they saw virtually no chance that at least 17 Republicans would join with 50 Democrats to convict Trump and also bar him from ever running from office again.

In interviews with more than a dozen GOP senators, the consensus was clear: Most Republicans are likely to acquit Trump, and only a handful are truly at risk of flipping to convict the former President — unless more evidence emerges or the political dynamics within their party dramatically change. Yet Republicans are also signaling that as more time has passed since the riot, some of the emotions of the day have cooled and they’re ready to move on.

“The chances of getting a conviction are virtually nil,” said Sen. Roger Wicker, a Mississippi Republican.

“I don’t know what the vote will be but I think the chance of two-thirds is nil,” said Sen. John Cornyn, a Texas Republican and member of his party’s leadership who called the Democratic push to begin the trial “vindictive.”

“From listening to the dynamic — and everything to this point — it’s going to be tough to get even a handful,” said Sen. Mike Braun, an Indiana Republican, referring to possible GOP defectors. “I think so many are getting confused by the fact that we’re doing this – and everybody has views that it’s kind of a constitutional concern.”

The GOP arguments are now coming into sharper focus, claiming the proceedings are unconstitutional to try a former President and contending that the trial is moving on too short of a timeframe to give due process to Trump, claims that Democrats resoundingly reject. But those arguments, Republicans believe, will allow them a way out of convicting Trump without endorsing his conduct in the run up to the deadly mob that ransacked the Capitol on January 6. And Senate Minority Leader Mitch McConnell is likely to land in the same spot as much of his conference, GOP senators believe, although the Republican leader has said he would listen to the arguments first before deciding how to vote.

Politically, most Republicans are not eager to break ranks and draw the kind of attacks that came the way of the 10 House Republicans who voted to impeach Trump last week for the second time in his presidency, this time on a charge of inciting an insurrection.

“Many view it as a game of shirts and skins,” said one GOP senator, referring to how many of his colleagues view the proceedings as a strictly partisan affair.

For the Democrats, the calculation is also tricky. If they seek a longer trial — even as long as the 21 days of Trump’s first impeachment trial in 2020 — with witnesses, they could satisfy some Republicans who are arguing that the trial must give adequate opportunity for Trump to make his case. Yet, doing so could eat away at the first full month of the Biden presidency, while a shorter trial would alienate some Republicans.

“I’m not for any witch hunts,” said Cornyn, who noted he’d be less likely to convict if it were a short trial with no witnesses. “This needs to be a fair and respectable process because whatever we do, it’s not just about President Trump. This is about setting a new precedent and as you know, once we do things around here and there is a precedent for it, then that’s the rule for the next time this happens.”

Among the most likely GOP defectors are Sens. Mitt Romney of Utah, Susan Collins of Maine, Ben Sasse of Nebraska, Lisa Murkowski of Alaska and Pat Toomey of Pennsylvania. But Republican leaders who monitor their conference closely don’t see much of a chance that the list will swell to 17 senators unless something dramatically changes or more is learned about Trump’s role in stoking the violent mob.
“There’s less than a handful of Republicans in play,” said Sen. Lindsey Graham, the South Carolina Republican who is lobbying his colleagues to stick with Trump or risk “destroying” their party.

And even some who had been viewed as possible swing votes are critical of Democrats for trying to start the trial immediately, rather than abiding by the timeline proposed by McConnell to push off the floor proceedings until later in February.

“It’s very problematic, I would say, for the folks who are bringing this right now from a timing standpoint,” said Senate Minority Whip John Thune, the No. 2 Republican, who has been critical of Trump’s conduct and also is up for reelection in 2022. “I think it’s going to be very important whether or not there’s due process.”

Added Murkowski: “I think what McConnell laid down was eminently reasonable, in terms of making sure that we got process. Got to have process and the process has to be fair.”

Collins, the Maine Republican who has been sharply critical of Trump’s conduct, said that she is consulting with “constitutional scholars” about the proceedings. Asked about the GOP senators’ assessment that Trump almost certainly won’t get convicted, she said: “That’s not an unreasonable conclusion, but I just don’t know.”

McConnell himself has privately viewed Trump’s handling of the riots with disdain and has told people they amounted to at least an impeachable offense, while even saying the mob was “provoked” by the former President. But McConnell has made clear to his colleagues that he is undecided — and several Republicans told CNN this week that he could be at risk of losing his perch atop the Senate GOP conference if he votes to convict Trump.

And in the last two days, McConnell has publicly made the case to give Trump’s team more time to prepare. With much of the GOP conference now lining up against conviction, Republicans speculate that the GOP leader will likely vote to acquit as well.

One of the key hurdles the House Democratic managers will have with Republicans is convincing them that a trial is constitutional, as a group of Senate Republicans have argued in recent days that a trial for an ex-president who is now a private citizen is unconstitutional. Such an argument could give Republicans a reason for voting to acquit Trump without addressing his conduct surrounding the insurrection at the Capitol earlier this month.

“I think it’s obvious that the post-presidential impeachment has never occurred in the history of the country for a reason, that it’s unconstitutional, that it sets a bad precedent for the presidency and it continues to divide the nation,” Graham said Friday.

It’s a debate that enters into unprecedented territory, as the Senate has never held an impeachment trial for a President who has left office because such a scenario never arose. But Democrats have pointed to legal scholars on both ends of the political spectrum who say a trial is constitutional. Legal analysts say there’s precedent for a Senate impeachment trial of a former official, as the Senate tried Secretary of War William Belknap in 1876 after he resigned just before the House voted to impeach him.

“It makes no sense whatsoever that a president — or any official — could commit a heinous crime against our country and then be permitted to resign so as to avoid accountability and a vote to disbar them from future office,” Schumer said Friday.

Republican defenders of Trump push back.

Sen. Josh Hawley, a Missouri Republican who has generated blowback for joining with House Republicans to try to overturn Pennsylvania’s election results, distanced himself from Trump’s remarks at the January 6 rally where he urged his supporters to go to the Capitol that day, calling them “inflammatory” and “irresponsible.”

But when asked how they should hold Trump accountable, Hawley said: “Breaking the Constitution and using an unconstitutional process is not the way to do it.”

CNN’s Ali Zaslav, Ali Main and Olanma Mang contributed to this report.

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Trump impeachment going to Senate Monday

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President Biden is putting into play his national COVID-19 strategy to ramp up vaccinations and testing.

USA TODAY

In the wake of the Jan. 6 riot at the U.S. Capitol, President Joe Biden is directing the federal government to focus on domestic violent extremism, including having the National Security Council build out its capability to counter domestic threats.

Biden press secretary Jen Psaki announced a three-pronged effort aimed at confronting domestic violent extremism at a press briefing Friday. 

“The Jan. 6 assault on the Capitol and the tragic deaths and destruction that occurred underscored what we have long known,” Psaki said. “The rise of domestic violent extremism is a serious and growing national security threat. The Biden administration will confront this threat with the necessary resources and resolve.”

The NSA will undertake a policy review, she said, to determine how the government can share information more effectively to address threats, support efforts to prevent radicalization and disrupt violent networks. She said this will complement work already underway among agencies

“We need to understand better its current extent and where there might be gaps,” she said.

She said the administration has also tasked the Office of the Director of National Intelligence for a “comprehensive threat assessment” to help shape policies to address the rise of domestic violent extremism. The FBI and Department of Homeland Security will consult on that work.

In addition, Biden has asked all relevant federal departments and agencies to “enhance and accelerate” efforts to combat domestic violent extremism, Psaki said.

Psaki said the White House is committed to developing domestic violent extremism polices and strategies “based on facts, on objective and rigorous analysis and our respect for constitutionally protected free speech and activities.”

She did not elaborate on any potential policy proposals.

Pro-Trump rioters at the Capitol this month included organizers of Proud Boys, an extremist group with ties to white nationalism, as well as other far-right organizations. 

— Joey Garrison

No timeline for national vaccine information portal

The Biden administration doesn’t have a timeline for when the public might be able to access a national website or phone center to get a coronavirus vaccine, Press Secretary Jen Psaki said Friday.

But she noted that Jeff Zients, who helped get the Obamacare launch back on track in 2013, is coordinating Biden’s COVID-19 response. 

“So we’re in very good hands,” Psaki said, “and they’re certainly committed to getting more information out in a more accessible way.”

Ron Klain, Biden’s chief of staff, said on MSNBC Thursday that the administration will try to build a “national resource” for federal vaccination centers.

Asked about that commitment, Psaki said the administration is eager to provide more public assistance.

 “I know all members of my family are also asking the same question as I’m sure yours are,” she said. “The lack of information and the disinformation … has created a great deal of confusion.”

Nearly six in 10 older Americans don’t know when or where they can get vaccinated, according to a Kaiser Family Foundation report released Friday.

— Maureen Groppe and Savannah Behrmann

GOP Sen. Murkowski says she didn’t vote for Trump, won’t join Democratic Party

Republican Sen. Lisa Murkowski said she didn’t vote for Trump in the November election and instead wrote in another candidate. 

Murkowski wouldn’t say who she wrote in, only telling reporters with a laugh that her candidate “didn’t win.”

“I wrote someone in. I’ve kind of become fond of looking at individual candidates,” Murkowski said, adding she chose her own candidate because, “I don’t want to accept the lesser of two evils.”

The Alaska Republican, a key swing vote in the Senate, said despite her conflicts with the former president, which drew his wrath and even threats of a primary challenge, she would remain in the Republican Party.

“That’s a dream by some that that will not materialize,” Murkowski said of the notion of her joining the Democratic Party. “I can be very discouraged at times with things that go on in my own caucus, in my own party. I think each member feels that. But I have absolutely no desire to move over to the Democrat side of the aisle.”

She explained her thoughts on this after losing a primary challenge in 2010 and considerations to join the Libertarian Party. She later won her race in a remarkable write-in campaign. 

“I can’t be somebody that I’m not,” Murkowski said. “I said, ‘Thank you, but no, thank you.’ I don’t fly a flag of convenience. And it’s not who I am. It’s not who I am.”

— Christal Hayes

Senate confirms Lloyd Austin, making him the nation’s first Black defense secretary

The Senate on Friday confirmed Lloyd Austin as the nation’s first Black defense secretary, the second nominee of President Joe Biden to be confirmed by the chamber.

Austin is a retired four-star Army general who will be the first Black secretary of defense. He was the first Black general to command an Army division in combat and also the first to oversee an entire theater of operations as the commanding general of U.S. forces in Iraq.

Austin’s confirmation process wasn’t without bumps. Controversy flared over a law barring recently retired military officers from serving as the defense secretary, but top Democrats lined up behind Austin’s nomination, citing the need for Biden to have his national security team in place after the Jan. 6 riot at the Capitol. The law requires that troops be retired for seven years before taking the post.

The House passed a waiver from the law for Austin on Thursday afternoon, and the Senate followed suit shortly after. 

– Nicholas Wu and Christal Hayes

Schumer says impeachment article coming to Senate on Monday

The impeachment article charging former President Donald Trump with inciting an insurrection at the U.S. Capitol will be sent to the Senate on Monday, triggering the impeachment trial process, Senate Majority Leader Chuck Schumer, D-N.Y., announced on the Senate floor Friday morning.

He said he had been in touch with House Speaker Nancy Pelosi on the timing of the article. The House impeached Trump for “incitement of insurrection” on Jan. 13. 

Schumer said it was still unclear how long the trial will last and when it will begin in earnest, issues he is still discussing with Senate Minority Leader Mitch McConnell.

“But make no mistake, a trial will be held in the United States Senate, and there will be a vote whether to convict the president,” Schumer said.

– Nicholas Wu and Christal Hayes

Senate leaders negotiate Trump impeachment trial timing

Senate leaders continued Friday to negotiate the timing of the impeachment trial of former President Donald Trump, who has hired a lead defense lawyer to represent him.

Senate Minority Leader Mitch McConnell, R-Ky., proposed Thursday to start the trial in February, after preliminary statements are filed by House prosecutors and Trump’s defense team. He argued the slight delay would offer time for Trump’s legal team to familiarize themselves with the case.

“At this time of strong political passions, Senate Republicans believe it is absolutely imperative that we do not allow a half-baked process to short-circuit the due process that former President Trump deserves or damage the Senate or the presidency,” McConnell said in a statement.

Trump hired prominent South Carolina attorney Butch Bowers, who worked for the Justice Department during President George W. Bush’s administration, to represent him. A friend of Bowers, Sen. Lindsey Graham, R-S.C., told his colleagues about the hiring during a conference call Thursday.

“Solid guy,” Graham said, adding that Bowers would act as the lead attorney on a Trump team that is still being put together.

Senate Majority Leader Chuck Schumer’s office said it received McConnell’s proposal, which aims to start the trial in the Senate chamber Feb. 13.

“We will review it and discuss it with him,” said Schumer spokesman Justin Goodman.

House Speaker Nancy Pelosi, D-Calif., said she would send the article of impeachment to the Senate “soon.” Schumer, D-N.Y., said there will be a trial, but the timing is uncertain.

The House impeached Trump Jan. 13, charging him with inciting the insurrection at the Capitol a week earlier. The Senate will decide whether to convict him.

But the case raises numerous legal challenges, including whether a former president can be tried after he leaves office. The Senate must also decide whether to call witnesses or hear other evidence.

– Bart Jansen

Biden to sign 2 more executive orders Friday, more Cabinet confirmations possible

WASHINGTON – President Joe Biden’s second day in office was focused heavily on COVID-19. 

Biden stressed science and unity in his first briefing on the COVID-19 pandemic Thursday, giving Americans the “brutal truth” about the challenges the nation faces before signing a series of executive orders aimed at combating the pandemic. 

Takeaways from Biden’s COVID-19 executive orders: Experts celebrate plan, warn ‘a lot of work’ is left

On his third day as president, Biden will launch another front in his battle against COVID-19 by taking steps to provide economic relief to Americans still reeling from the effects of the deadly pandemic.

Biden is set to sign two executive orders that will give low-income families easier access to federal nutrition and food assistance programs and start the process for requiring federal contractors to pay their workers a minimum wage of $15 per hour and give them emergency paid leave. 

Also on Thursday, a few of of Biden’s Cabinet picks cleared a few hurdles. 

The House removed a roadblock to the confirmation of Lloyd Austin, Biden’s nominee to be defense secretary, granting Austin a waiver from a law barring recently retired military officers from serving as the defense secretary. 

Additionally, Pete Buttigieg, Biden’s nominee to the lead the Department of Transportation, met a favorable reception and drew praise from both sides of the aisle Thursday during his confirmation hearing. 

More: Buttigieg gets favorable reception in confirmation hearing for transportation secretary role

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Schumer says House will deliver Trump impeachment article to Senate on Monday

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Speaker of the House Nancy Pelosi (D-CA) displays a signed an article of impeachment against President Donald Trump at the U.S. Capitol on January 13, 2021 in Washington, DC.

Stefani Reynolds | Getty Images

The House will deliver the impeachment article against former President Donald Trump to the Senate on Monday, Senate Majority Leader Chuck Schumer said Friday.

The action will start the process for the second trial the ex-president has faced for charges of high crimes and misdemeanors. While Trump has already left the White House, the Senate can vote to bar him from holding office again if it chooses to convict him.

The House earlier this month charged Trump with inciting an insurrection against the government by inflaming a mob that overran the Capitol on Jan. 6. The riot, which disrupted Congress’ count of President Joe Biden’s electoral win, left five dead, including a Capitol police officer.

The Senate will need 67 votes to convict Trump. If all 50 Democrats support conviction, they will need 17 Republicans to join them.

Speaking after Schumer, Senate Minority Leader Mitch McConnell, R-Ky., expressed concerns that Trump would not have enough time to mount a defense. He had asked the House to send the article on Thursday to ensure “a full and fair process.”

Trump has hired South Carolina attorney Butch Bowers to defend him during the trial. The nine impeachment managers who will make the House’s case are Democratic Reps. Jamie Raskin of Maryland, Diana DeGette of Colorado, David Cicilline of Rhode Island, Joaquin Castro of Texas, Eric Swalwell and Ted Lieu of California, Stacey Plaskett, the delegate for the U.S. Virgin Islands, Madeleine Dean of Pennsylvania and Joe Neguse of Colorado.

House Speaker Nancy Pelosi, who would not say Thursday when her chamber would transmit the article to the Senate, argued the managers would not need to prepare as much evidence for the second trial as they did for the first last year.

“This year, the whole world bore witness to the president’s incitement, to the execution of his call to action, and the violence that was used,” the California Democrat told reporters Thursday.

Schumer said he has spoken to McConnell about “the timing and duration of the trial,” but did not give any details about how long it will last. The Democratic leader aims to balance impeachment with confirmation of Biden’s Cabinet members and passage of a coronavirus relief bill.

“The Senate must and will do all three,” he said Friday.

The first trial Trump faced last year for charges of abuse of power and obstruction of Congress lasted about three weeks. The Republican-held Senate acquitted him.

Schumer downplayed GOP concerns that Democrats would rush through the trial after a rushed process in the House, which impeached Trump only a week after the insurrection.

“It will be a full trial. It will be a fair trial,” he said.

McConnell has not indicated whether he will vote to convict Trump. On Tuesday, he said the rioters “were provoked by the president and other powerful people.”

Republican Sens. Lisa Murkowski of Alaska and Pat Toomey of Pennsylvania both called on Trump to resign while he still held office. Neither has said how they plan to vote on conviction.

Murkowski said in a statement earlier this month that the House responded to the Capitol attack “swiftly, and I believe, appropriately, with impeachment.”

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McConnell wants to push Trump’s Senate impeachment trial to mid-February

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Senate Minority Leader Mitch McConnell has proposed to Majority Leader Chuck Schumer that former President Donald Trump’s impeachment trial should start in mid-February and laid out the preferred timing during a conference call with Republican colleagues on Thursday, according to multiple sources on the call.

Included in McConnell’s proposal is a deal to begin the Senate proceedings in February so that both sides can properly prepare for Trump’s second impeachment trial, according to multiple people on the call. Schumer could be open to this proposal, giving him more time to confirm President Joe Biden’s Cabinet nominees.

Sen. Mike Rounds who was on the call, said his understanding was that McConnell, R-Ky., briefed the conference before going to Schumer, D-N.Y.

“I think we know that we want to make sure that if the Democrats are going to do this impeachment, that the President has a right to due process. And in order to do that he has to prepare a case, they’ve got to set up the rules and so forth so I think it’d be very difficult to start before then,” Rounds, R-S.D., said.

Senator Mike Braun, R-Ind., also told NBC News that he thinks the trial could begin mid-February.

“Senate Republicans are strongly united behind the principle that the institution of the Senate, the office of the presidency, and former President Trump himself all deserve a full and fair process that respects his rights and the serious factual, legal, and constitutional questions at stake,” McConnell said in a statement on Thursday. “Given the unprecedented speed of the House’s process, our proposed timeline for the initial phases includes a modest and reasonable amount of additional time for both sides to assemble their arguments before the Senate would begin to hear them.”

“At this time of strong political passions, Senate Republicans believe it is absolutely imperative that we do not allow a half-baked process to short-circuit the due process that former President Trump deserves or damage the Senate or the presidency,” the statement said.

Both House Speaker Nancy Pelosi, D-Calif., and Schumer punted on the trial timing question when asked by reporters earlier on Thursday. Pelosi has yet to indicate when she would send the article of impeachment to the Senate, but says “soon.”

“We received Leader McConnell’s proposal that only deals with pre-trial motions late this afternoon. We will review it and discuss it with him,” said Schumer’s spokesman Justin Goodman.

When asked if the president would support moving the impeachment trial to February, White House Communications Director Kate Bedingfield reiterated what Biden has previously said, that he will leave it to Senate leadership to determine the mechanics and timing of the trial.

Bedingfield added that Biden wants the Senate to conduct the impeachment trial in a way that allows them to move forward with the Covid-19 relief legislation as quickly as possible.

Leigh Ann Caldwell

Leigh Ann Caldwell is an NBC News correspondent.

Julie Tsirkin

Julie Tsirkin is an associate producer for NBC News’ Capitol Hill team. 

Frank Thorp V

Frank Thorp V is a producer and off-air reporter covering Congress for NBC News, managing coverage of the Senate.

Kristen Welker

Kristen Welker is chief White House correspondent for NBC News.



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