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The Senate is set to kick off opening arguments in President Trump Donald John TrumpObama calls on Senate not to fill Ginsburg's vacancy until after election Planned Parenthood: 'The fate of our rights' depends on Ginsburg replacement Progressive group to spend M in ad campaign on Supreme Court vacancy MORE’s impeachment trial today after the chamber adopted procedures early this morning following hours of rough-and-tumble skirmishes about time allotments and witnesses.

Senators wrapped up their rules shortly before 2 a.m. this morning after the Senate moved through 11 proposed Democratic amendments, most of which called on individual witnesses to appear during the initial phase of the trial. All were struck down along partisan lines as Senate Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellObama calls on Senate not to fill Ginsburg's vacancy until after election Planned Parenthood: 'The fate of our rights' depends on Ginsburg replacement Progressive group to spend M in ad campaign on Supreme Court vacancy MORE (R-Ky.) kept the GOP together.

“All of these amendments under the resolution could be dealt with at the appropriate time,” McConnell repeated. “The organizing resolution already has the support of the majority of the Senate. That's because it sets up a structure that is fair, evenhanded and tracks closely with past precedent that [was] established unanimously.”

The Hill: Senate Republicans muscle through rules for Trump.

McConnell’s push to adopt a road map for the trial navigated around a group of moderate Republican members, including Sens. Rob Portman Robert (Rob) Jones PortmanRomney undecided on authorizing subpoenas for GOP Obama-era probes Congress needs to prioritize government digital service delivery House passes B bill to boost Postal Service MORE (Ohio) and Susan Collins Susan Margaret CollinsSenate Republicans face tough decision on replacing Ginsburg Democratic senator calls for eliminating filibuster, expanding Supreme Court if GOP fills vacancy What Senate Republicans have said about election-year Supreme Court vacancies MORE (Maine), who is up for reelection. The moderates forced the majority leader to revise his resolution in order to slow the pace of opening arguments, which initially were limited to 24 total hours packed into two days. Senators for and against Trump’s removal from office will now have three days to lay out their arguments. It’s the same framework approved by senators in 1999 for former President Clinton’s impeachment trial.

The move handed Senate Democrats a minor victory, but as Jordain Carney and Alexander Bolton point out, Senate Republicans won the much bigger fight as they fended off Senate Minority Leader Charles Schumer Chuck SchumerPelosi orders Capitol flags at half-staff to honor Ginsburg Ginsburg in statement before her death said she wished not to be replaced until next president is sworn in Democrats call for NRA Foundation to be prohibited from receiving donations from federal employees MORE’s (D-N.Y.) effort to subpoena key witnesses. The Democratic leader told reporters earlier on Tuesday that this would be the “real test” for Senate Republicans (The Hill).

House Intelligence Committee Chairman Adam Schiff Adam Bennett SchiffTop Democrats call for DOJ watchdog to probe Barr over possible 2020 election influence Overnight Defense: Top admiral says 'no condition' where US should conduct nuclear test 'at this time' | Intelligence chief says Congress will get some in-person election security briefings Overnight Defense: House to vote on military justice bill spurred by Vanessa Guillén death | Biden courts veterans after Trump's military controversies MORE (D-Calif.), the lead impeachment manager for Democrats who sent two articles to the Senate asserting abuse of power and obstruction of Congress, cautioned during the first day of the trial that a battle over witnesses and documents was as important as the votes will be on charges against Trump. The decision on witnesses will now come after a significant portion of the trial has taken place.

Trump responded to questions about the trial while traveling on Tuesday in Switzerland and tweeted “READ THE TRANSCRIPTS!” (The Hill). He also told CNBC’s Joe Kernan during an interview today that “the facts are all on our side” during a trial he insisted remains a “hoax.”

The Hill: House Judiciary Committee Chairman Jerrold Nadler Jerrold (Jerry) Lewis NadlerTop Democrats call for DOJ watchdog to probe Barr over possible 2020 election influence House passes bill to protect pregnant workers House Democrats postpone vote on marijuana decriminalization bill MORE (D-N.Y.), White House lawyers clash in late-night debate.

The Hill: Collins breaks with GOP on attempt to change impeachment rules resolution.

The Hill: What to watch during Day 2 of the Senate impeachment trial.

Over a period of more than 12 hours between Tuesday afternoon and the pre-dawn hours of this morning, the Senate tabled a series of votes forced by Schumer dealing with witnesses and documents. His motions singled out individuals the prosecution would like to call to testify, including former Trump national security adviser John Bolton John BoltonDiplomacy with China is good for America The Hill's Morning Report - Sponsored by The Air Line Pilots Association - Pence lauds Harris as 'experienced debater'; Trump, Biden diverge over debate prep DOJ launches probe into Bolton book for possible classified information disclosures MORE and acting White House chief of staff Mick Mulvaney Mick MulvaneyMick Mulvaney to start hedge fund Fauci says positive White House task force reports don't always match what he hears on the ground Bottom line MORE (The Hill).

McConnell’s decision to relax the time allotted for opening arguments prolongs the trial, Bolton notes. By allowing three days, the trial may extend through the president’s State of the Union address scheduled for Feb. 4. McConnell’s original road map could have wrapped up proceedings by the middle of next week.

The majority leader also amended his resolution to allow the House impeachment inquiry to be entered into the Senate’s official trial record.

The Hill: McConnell keeps press in check as impeachment trial starts.

The Washington Post: Senate Democrats privately mull Biden-for-Bolton trade in impeachment trial.

NBC News: White House counsel Pat Cipollone: McConnell's proposal a “fair process.”

Niall Stanage: The Memo: Day One shows conflicting narratives on impeachment.

Roll Call: Senators bend the rules by wearing Apple Watches to Trump trial.

As the trial begins, national polls suggest the American public remains divided about whether two-thirds of the Senate should vote to remove Trump from office.

According to a CNN poll released Monday, 51 percent support that idea, but 45 percent say the president should not be convicted of high crimes and misdemeanors.

A Gallup poll conducted early this month found the reverse: 46 percent of Americans said they would like their senators to vote to convict Trump and remove him from office, while 51 percent said Trump should remain as president.

Within CNN’s survey, 89 percent of Democrats believe Trump should be removed compared to 8 percent of Republicans, while support among independents is split down the middle (48 percent for conviction compared with 46 percent against removal).

One idea that has picked up steam among impeachment watchers around the country is a trial that includes witnesses. According to a new Monmouth University poll released Tuesday, 80 percent of voters believe Trump administration officials who did not testify in the House inquiry should be asked to do so in the Senate trial (51 percent believe those officials should be compelled to testify, while 40 percent believe Trump should be deposed, as well) (Fox News).







LEADING THE DAY





CAMPAIGNS & POLITICS: Sen. Bernie Sanders Bernie SandersKenosha will be a good bellwether in 2020 Biden's fiscal program: What is the likely market impact? McConnell accuses Democrats of sowing division by 'downplaying progress' on election security MORE (I-Vt.), who is currently battling the trial and the primary field, found himself in yet another fight against a familiar foe on Tuesday: Hillary Clinton Hillary Diane Rodham ClintonWhat Senate Republicans have said about election-year Supreme Court vacancies Bipartisan praise pours in after Ginsburg's death Trump carries on with rally, unaware of Ginsburg's death MORE. The former secretary of State came out swinging against Sanders, charging that “nobody likes” her 2016 primary opponent and pressing that he has a lengthy resume of accomplishing “nothing.”

"He was in Congress for years. He had one senator support him. Nobody likes him. Nobody wants to work with him. He got nothing done,” Clinton said during a portion of a four-part Hulu series that will premiere at the Sundance Film Festival this weekend. “He was a career politician. It's all just baloney, and I feel so bad that people got sucked into it.”

Initially, Sanders declined to fire back at Clinton throughout the day, saying that he was focused on the trial.

“On a good day, my wife likes me,” Sanders told reporters. “Secretary Clinton is entitled to her point of view. My job today is to focus on the impeachment trial. My job today is to put together a team that can defeat the most dangerous president in the history of the United States.”

As Amie Parnes and Jonathan Easley write, the former secretary’s remarks are sure to open old wounds between progressives and establishment Democrats as Sanders escalates his attacks against former Vice President Joe Biden Joe BidenSenate Republicans face tough decision on replacing Ginsburg What Senate Republicans have said about election-year Supreme Court vacancies Biden says Ginsburg successor should be picked by candidate who wins on Nov. 3 MORE, who has taken a slight lead in Iowa. As Clinton highlighted in her remarks, there are fears on both sides of the party about whether supporters for the losing candidate will back the winner.

The comments and questions come as some charge the Sanders campaign with crossing the line with its attacks on Biden, especially after Sanders apologized over the weekend for a column by professor Zephyr Teachout accusing Biden of corruption.

The Hill: Clinton responds to backlash: “I will do whatever I can to support our nominee.”

With opening arguments set to begin this afternoon, Sanders was forced to cancel a planned late-night rally in Iowa today. Cipollone took a shot at Sanders, Sen. Elizabeth Warren Elizabeth WarrenBiden's fiscal program: What is the likely market impact? Warren, Schumer introduce plan for next president to cancel ,000 in student debt The Hill's 12:30 Report - Presented by Facebook - Don't expect a government check anytime soon MORE (D-Mass.) and Amy Klobuchar Amy KlobucharThe Hill's Morning Report - Sponsored by The Air Line Pilots Association - White House moves closer to Pelosi on virus relief bill EPA delivers win for ethanol industry angered by waivers to refiners It's time for newspapers to stop endorsing presidential candidates MORE (D-Minn.) during the trial, noting that there are places they would rather be these days.

“Some of you are upset because you should be in Iowa right now,” Cipollone said.

Klobuchar responded soon after: “No. This is my constitutional duty. And I can do two things at once.”

Meanwhile Biden and former South Bend, Ind., Mayor Pete Buttigieg Pete ButtigiegBipartisan praise pours in after Ginsburg's death Bogeymen of the far left deserve a place in any Biden administration Overnight Defense: Woodward book causes new firestorm | Book says Trump lashed out at generals, told Woodward about secret weapons system | US withdrawing thousands of troops from Iraq MORE took advantage of the trial and barnstormed the Hawkeye State, which they will continue to do today. Buttigieg will also be in Washington on Thursday morning to appear at the U.S. Conference of Mayors. Former New York City Mayor Michael Bloomberg Michael BloombergTop Democratic super PAC launches Florida ad blitz after Bloomberg donation The Hill's 12:30 Report - Presented by Facebook - Latest with the COVID-19 relief bill negotiations The Memo: 2020 is all about winning Florida MORE will speak at the conference today.

The Washington Post: Bloomberg shifts presidential ad campaign to focus on impeachment.

CNBC: Warren wants to create a Justice Department task force to investigate alleged Trump administration corruption.

During his Davos swing, Trump weighed in on three potential general election opponents when pressed by CNBC. He mocked Bloomberg has a former friend of his who has “no chance,” wondered if Biden can “limp across the line,” and added that it could ultimately be Sanders who he faces off with.

“Whoever it is, I'm ready,” Trump added.

***

CONGRESS: Rep. Liz Cheney Elizabeth (Liz) Lynn CheneyOVERNIGHT ENERGY: Cheney asks DOJ to probe environmental groups | Kudlow: 'No sector worse hurt than energy' during pandemic | Trump pledges 'no politics' in Pebble Mine review Cheney asks DOJ to probe environmental groups Press: The big no-show at the RNC MORE’s (R-Wyo.) decision to remain in the House and not launch a bid to replace outgoing Sen. Mike Enzi Michael (Mike) Bradley EnziChamber of Commerce endorses McSally for reelection Cynthia Lummis wins GOP Senate primary in Wyoming The Hill's Convention Report: Democrats gear up for Day Two of convention MORE (R-Wyo.) has GOP lawmakers speculating that she could be ready to climb the ladder within the conference, with the top spot potentially within her grasp.

While many GOP lawmakers were surprised with the decision to forgo a Senate bid, several lawmakers told The Hill’s Juliegrace Brufke that staying in the people’s House could offer her a quicker avenue to the top spot in the conference.

“She has more power and voice here. [She’s] angling to be Speaker if the top two can’t pull it off,” one GOP lawmaker said, adding that the House is “a shorter route to meaningful power than Senate backbench.”

At a House GOP Conference meeting on Thursday, Cheney told her colleagues she wants to help make House Minority Leader Kevin McCarthy Kevin Owen McCarthyTrump asked Chamber of Commerce to reconsider Democratic endorsements: report The Hill's Morning Report - Sponsored by The Air Line Pilots Association - White House moves closer to Pelosi on virus relief bill Trump's sharp words put CDC director on hot seat MORE (R-Calif.) the next Speaker, according to multiple sources with knowledge of her remarks. However, several GOP lawmakers believe a potential “knife fight” between McCarthy, Cheney and House Minority Whip Steve Scalise Stephen (Steve) Joseph ScaliseHouse GOP slated to unveil agenda ahead of election House panel details 'serious' concerns around Florida, Georgia, Texas, Wisconsin elections Scalise hit with ethics complaint over doctored Barkan video MORE (R-La.) for Speaker or minority leader is not out of the realm of possibility.

“It's D.C., everybody has their fangs out. I think she sees a higher profile — Speaker, president, who knows," a second GOP lawmaker said. “I would keep an eye on how close the majority becomes more and more of a reality. The knives will come out quicker and they'll come out longer.”







IN FOCUS/SHARP TAKES





WHITE HOUSE & ADMINISTRATION: The president, vice president, secretary of State and Treasury secretary will be scattered abroad or in flight today pursuing administration agendas in at least five countries.

Trump on Tuesday melded economic boasts familiar from his campaign rallies with a vision of American economic dominance abroad during the World Economic Forum held in Davos, Switzerland. As Sylvan Lane reports, the president gave every indication that in the wake of two recent trade victories, he won’t relent in a simmering trade conflict with the European Union.

During an interview with The Wall Street Journal and in remarks throughout the day, Trump toggled among three audiences he considers key: European and world leaders, U.S. voters, and senators who began the Senate’s impeachment trial, which he expects to end in his acquittal.

The president said he’s confident the administration can reach a trade deal with the EU, adding that he would strongly consider placing tariffs on European automobiles if agreement isn’t reached (Bloomberg News).

Trump, who plans to unveil new policies he hopes will appeal to his supporters as he campaigns for reelection, promised a new middle-class tax package within the next three months (The Hill). White House economic adviser Larry Kudlow Larry KudlowMORE has described the goal as stimulus that can build on GOP tax cuts enacted in 2017. The Trump campaign anticipates that U.S. economic growth will slow in 2020, and tax reductions signed into law more than two years ago proved more popular with businesses and the wealthy than with average families.

“We want to aim this at even faster economic growth going out in the president’s second term,” Kudlow told Fox News last week.

Treasury Secretary Steven Mnuchin Steven Terner MnuchinLawmakers fear voter backlash over failure to reach COVID-19 relief deal United Airlines, unions call for six-month extension of government aid House Democrats plan to unveil bill next week to avert shutdown MORE on Tuesday defended the 2017 tax law while in Davos, arguing the deal “paid for itself.” Many economists, however, point to rising U.S. deficits and debt as worrisome byproducts (The Washington Examiner).

Trump on Tuesday also confirmed reports that the administration will soon expand its immigration travel ban to cover additional, unnamed countries (The Hill). As many as seven nations may be folded into the ban, including Belarus, Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania, according to recent news media reports. The administration’s crackdowns on immigrants and refugees, pegged to national security concerns, are generally popular among core Trump voters.

Meanwhile, brisk staff turnover at the White House is being studied in detail by Brookings Institution political scientist and senior fellow Kathryn Dunn Tenpas, who noted on Tuesday in a new report (with charts) that staff turnover at 1600 Pennsylvania Ave. since Trump’s inauguration has reached 80 percent, and that “no prior president comes close to this level of [National Security Council] instability.”







The Morning Report is created by journalists Alexis Simendinger and Al Weaver. We want to hear from you! Email: asimendinger@thehill.com and aweaver@thehill.com. We invite you to share The Hill’s reporting and newsletters, and encourage others to SUBSCRIBE!







OPINION





The Senate itself is on trial, by Edward Purcell Jr., opinion contributor, The Hill. https://bit.ly/2Gakhye

Senator-jurors who may not be impartial — remove them for cause, by Jonathan Granoff, opinion contributor, The Hill. https://bit.ly/2G87xbE







WHERE AND WHEN





Hill.TV’s “Rising” program features Rep. Jody Hice Jody Brownlow HicePelosi must go — the House is in dire need of new leadership House Republicans investigating California secretary of state's contract with Biden-linked firm GOP lawmakers want answers from Disney on Mulan, China MORE (R-Ga.); Patrice Snow, press secretary for Tom Steyer Tom SteyerTV ads favored Biden 2-1 in past month Inslee calls Biden climate plan 'perfect for the moment' OVERNIGHT ENERGY: Trump administration finalizes plan to open up Alaska wildlife refuge to drilling | California finalizes fuel efficiency deal with five automakers, undercutting Trump | Democrats use vulnerable GOP senators to get rare win on environment MORE’s presidential campaign; Michael Brooks, host of the Michael Brooks Show; and Jane Kleeb, Nebraska’s Democratic Party chair and author of “Harvest The Vote.” Coverage at http://thehill.com/hilltv or on YouTube at 10:30 a.m. ET at Rising on YouTube.

The House meets for a pro forma session on Friday at 2 p.m.

The Senate convenes today at 1 p.m. to continue the impeachment trial.

The president today met with President Barham Salih of Iraq, was interviewed by CNBC and announced he would hold a news conference before departing the World Economic Forum in Davos, Switzerland, today.

Vice President Pence will depart Washington at 1 p.m. with second lady Karen Pence Karen Sue PenceThe Hill's 12:30 Report - Presented by Facebook - Biden, Pence elbow bump at NYC Sept. 11 ceremony The Hill's Morning Report - Sponsored by National Industries for the Blind - Trump seeks to flip 'Rage' narrative; Dems block COVID-19 bill Pentagon, Trump, Biden to mark 9/11 anniversary MORE for an itinerary this week in Israel and Italy.

Secretary of State Mike Pompeo Michael (Mike) Richard PompeoHouse panel halts contempt proceedings against Pompeo after documents turned over Outgoing ambassador to China slams Beijing over coronavirus: 'Could have been contained in Wuhan' Hillicon Valley: FBI chief says Russia is trying to interfere in election to undermine Biden | Treasury Dept. sanctions Iranian government-backed hackers MORE is in Jamaica for discussions with Prime Minister Andrew Holness.

Attorney General William Barr Bill BarrBarr says Ginsburg 'leaves a towering legacy' Republicans call for DOJ to prosecute Netflix executives for releasing 'Cuties' Trump doesn't offer vote of confidence for FBI director MORE will announce a new Presidential Commission on Law Enforcement and the Administration of Justice at 9:30 a.m., accompanied by Deputy Attorney General Jeffrey Rosen at the Justice Department. Trump signed an executive order in October to create the panel to report to him on preventing crime and improving justice.







ELSEWHERE





➔ Virus: The U.S. Centers for Disease Control and Prevention confirmed the first known U.S. case of coronavirus, a respiratory illness that originated in China and has killed at least nine people and sickened more than 450. The U.S. patient, described as in his 30s and in good condition in Washington state, recently traveled to Wuhan, China, the apparent epicenter for the viral outbreak. Asked on Wednesday about the virus entering the United States, Trump told CNBC, “We have it totally under control.” ...The World Health Organization will meet today to discuss whether the infection, detected to date in five countries, is a global health crisis (The New York Times). The news rumbled through financial markets on Tuesday with worries that travel and consumer behavior, particularly in Asia, could be affected.

➔ Courts: The Supreme Court on Tuesday rejected an effort by Democrats to fast-track a challenge to a lower court’s ruling that struck down a key ingredient in the 2010 Affordable Care Act. The high court’s rejection diminishes the possibility the legal dispute finds resolution in this election year (The Hill). …The Supreme Court on Tuesday also turned away a case that could have helped Democrats gain access to an unredacted version of the Russia investigation report by former special counsel Robert Mueller Robert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE (Fox News). …The high court on Tuesday declined to take up a case involving lead-contaminated drinking water dating to 2014 in Flint, Mich., which means residents can file a civil rights lawsuit against city and government officials (The Associated Press, Scripps National). … James Mitchell, an architect of the CIA’s former waterboarding and interrogation program devised after the 9/11 terror attacks, on Tuesday faced off at Guantanamo Bay against defense lawyers for five defendants who seek to dismiss government evidence against them (The Associated Press).

➔ Afghanistan: Bloomberg News reported on Tuesday that U.S. and Taliban leaders are close to reaching a peace deal that would see the eventual withdrawal of foreign troops from Afghanistan and achieve an end to a conflict now in its 19th year.

➔ Lebanon: A new Cabinet was introduced in Lebanon on Tuesday, three months after former Prime Minister Saad Hariri resigned. Hassan Diab, a 60-year-old professor at the American University of Beirut, now heads a Cabinet of 20 members. The changes are seen as unlikely to satisfy protesters in Lebanon who want sweeping reforms and economic improvements (The Associated Press).







THE CLOSER





And finally … Want a ride from one of the “Bad Boys”? Well, it was a lucky day for four Lyft riders in Miami over the weekend when they hopped in a 2020 Porsche Taycan to find Will Smith as their driver while he promotes his latest film, “Bad Boys for Life.”

According to The Associated Press, Smith had one of his passengers FaceTime with his girlfriend after the rider said she watched the original 1995 film “Bad Boys” on a weekly basis. Smith, who has also starred in the “Men in Black” series, informed each passenger they would receive free Lyft rides into this year.

Smith appears alongside longtime co-star Martin Lawrence in the film, which premiered over the weekend.





