Fact check: Republican wrongly uses Sixth Amendment to defend Trump

President Trump has been impeached

By Fernando Alfonso III, Veronica Rocha, Mike Hayes and Amanda Wills, CNN

Updated 10:31 a.m. ET, December 19, 2019
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2:55 p.m. ET, December 18, 2019

Fact check: Republican wrongly uses Sixth Amendment to defend Trump

From CNN's Tara Subramaniam and Holmes Lybrand

House Television via AP
House Television via AP

Rep. Barry Loudermilk echoed a frequently used argument from House Republicans that President Trump has been denied his Sixth Amendment right “of the defendant to face his accuser.”

“The Sixth Amendment guarantees the right of the defendant to face their accusers,” Loudermilk claimed. “But not only have the Democrats prohibited Republicans and the President from questioning the so-called whistleblower, his identity has been kept secret.” 

Facts First: Loudermilk is wrong, Trump does not have a constitutional right to face the whistleblower. The Sixth Amendment only applies to criminal prosecutions. The constitutional rights of criminal defendants do not apply to public officials in a House of Representatives impeachment process.

The amendment clearly defines what proceedings it covers. “In all criminal prosecutions,” it states at the beginning, going on to say that the accused has the right “to be confronted with the witnesses against him.”

Steve Vladeck, a Supreme Court analyst for CNN and professor at the University of Texas law school, says invoking the Sixth Amendment to suggest that Trump has the right to face the whistleblower “is so wrong as to be embarrassing.”

2:43 p.m. ET, December 18, 2019

Republican brings up Hunter Biden: He "doesn't get a pass because his dad was vice president"

Rep. Bradley Byrne, Republican from Alabama, brought up Hunter Biden and Ukraine in his floor remarks during the ongoing debate on the impeachment articles.

"If the dealings of Hunter Biden were so above board, you would think the majority would be fine looking into this matter," Byrne said.

He added that Republican subpoenas for Hunter Biden have all been denied. 

"Hunter Biden doesn't get a pass because his dad was Vice President," Byrne said.

2:42 p.m. ET, December 18, 2019

Trump advisers are planning their messaging before Senate trial on impeachment

From CNN's Sarah Westwood

Some of President Trump’s advisers have already begun discussing ways to use the roughly two weeks between now and the likely start of his Senate trial to advance their narrative, according to advisers familiar with the ongoing talks.

Those advisers don’t want the President to squander that time, during which he is presently slated to be at Mar-a-Lago, because the congressional recess could create a messaging void for Trump to fill with his side of the story, the advisers said.

Aides and advisers have discussed the prospect of adding events or trips to his schedule, as well as keeping up a heavy presence of surrogates on the airwaves.

Although it was under completely different circumstances, White House officials last year lamented the fact that Trump spent his holidays largely out of view and thus ceded an opportunity to shape the conversation around the government shutdown unfolding at the time, these advisers said. Many viewed those days as a waste, and some Trump allies now hope he will use the same time period this year to go on offense.

That being said, one adviser noted Trump relishes his time spent holding court at Mar-a-Lago and may not easily be persuaded to give that up, the advisers said.

2:44 p.m. ET, December 18, 2019

Republican congressman says Jesus had more due process before crucifixion than Trump

From CNN's Haley Byrd

Rep. Loudermilk in 2018.
Rep. Loudermilk in 2018. Tom Williams/CQ Roll Call/Getty Images

Georgia Republican Barry Loudermilk argued during today's debate on the articles of impeachment that Jesus Christ was given more due process rights before his crucifixion than President Trump. 

“Before you take this historic vote today, one week before Christmas, I want you to keep this in mind: When Jesus was falsely accused of treason, Pontius Pilate gave Jesus the opportunity to face his accusers. During that sham trial, Pontius Pilate afforded more rights to Jesus than the Democrats have afforded this President in this process," Loudermilk said.

Loudermilk was complaining that the whistleblower was never called to testify and that his or her identity remains secret.

Watch here:

2:17 p.m. ET, December 18, 2019

Secretary of State dismisses impeachment as "noise" and "silliness"

From CNN's Jennifer Hansler and Mike Conte

Even as the House prepares to vote on the impeachment of President Trump, Secretary of State Mike Pompeo dismissed the proceedings as “noise” and “silliness."

Pompeo made the remarks today alongside Defense Secretary Mark Esper and their Indian counterparts at the State Department.

“It’s important to note that the four of us today worked really hard on important things for the United States of America,” Pompeo said. “We were intently focused on that. And so, the world should know that despite all the noise, the chaos, the media asking questions that are completely unrelated to the reason that we’re here today, that the leaders of our two nations are working diligently to protect the American people, to develop the relationship that’s important strategically for the coming decades between the United States and India.” 

“We will, we won’t let the noise and the silliness here in Washington DC distract us from that,” Pompeo added. 

Asked whether he would participate in Senate proceedings, Pompeo said he would do what was legally required of him. He did not answer a question as to whether he had been asked by the President to participate.

2:13 p.m. ET, December 18, 2019

6 key quotes from the impeachment debate so far

J. Scott Applewhite/AP
J. Scott Applewhite/AP

Lawmakers are currently debating on the House floor over the articles of impeachment against President Trump.

They are making the case for and against impeaching the President.

If you're just catching up, here are some of the key quotes so far:

  • House Speaker Nancy Pelosi called Trump an ongoing threat: "It is a matter of fact that the President is an ongoing threat to our national security and the integrity of our elections, the basis of our democracy."
  • Republican Rep. Ross Spano slammed the impeachment process: "This impeachment is based purely on partisan motives."
  • Democratic Rep. Ted Lieu explained why today's vote is important: "Our children are watching, no president ever wants to be impeached. Whether Donald Trump leaves in one month, one year or five years, this impeachment is permanent, it will follow him around for the rest of his life and the history books and people will know why we impeached."
  • Republican Rep. Mike Johnson defended the President: "The Democrats know there is zero direct evidence to show that President Trump engaged in any abuse of power. Their entire case is based on hearsay, speculation and conjecture. There's not a single fact witness that with provide testimony to support their baseless allegations."
  • Democratic Rep. Steve Cohen urged fellow lawmakers to take a stand: "In 2019, President Trump sought foreign interference when he needed a favor from Ukraine. President Trump attacked in his continuing threat to our system of free and fair elections. I took an oath. I urge my colleagues to abide by that oath and stand up to President Trump's abuse of power and obstruction of Congress."
  • Republican Rep. Doug Collins vowed to fight the process: "I will fight this on process, which has been deplorable to use a word of the majority. It has been awful."
2:12 p.m. ET, December 18, 2019

McConnell to announce Senate trial date by the end of the week

From CNN's Ted Barrett, Phil Mattingly and Lauren Fox

Saul Loeb/AFP/Getty Images
Saul Loeb/AFP/Getty Images

Senate Majority Leader Mitch McConnell told GOP senators at a policy lunch yesterday that he will announce by the end of the week the date for the start of an impeachment trial in the Senate, sources told CNN.  

This will allow senators to depart Washington for a two-week holiday recess with certainty about when the trial will begin. We don’t know what that date will be but there are strong suggestions from pretty much everyone it will be the week of Jan. 6.

McConnell is expected to meet with Senate Minority Leader Chuck Schumer to begin hashing out an agreement on the rules and structure of the trial. Both have said they intend to meet but we it's unclear when that will happen. 

What the trial may look like: It appears both sides are interested in the general structure of the 1999 Clinton impeachment trial when House impeachment managers and the president’s defense counsel made opening arguments before senators haggled over whether to compel witness testimony.

2:02 p.m. ET, December 18, 2019

When will they vote? Here's what we know

The House debate on the articles of impeachment has roughly five more hours to go.

Both Democrats and Republicans still have a little more than 2 hours left to speak.

The debate is expected to conclude at about 7 p.m. ET. The vote on the articles of impeachment will happen after that.

2:36 p.m. ET, December 18, 2019

GOP congressman: "These proceedings are weaponizing impeachment"

Rep. Mitchell in 2018.
Rep. Mitchell in 2018. Tom Williams/CQ Roll Call/Getty Images

Rep. Paul Mitchell, a Republican from Michigan, railed against the impeachment of President Trump.

"These proceedings are weaponizing impeachment making it another election tool. I've carefully examined the evidence presented throughout the inquiry. And contrary to some, I considered our history, our founding documents and our future. It is clear President Trump's actions do not constitute treason, bribery or high crimes and misdemeanors," Mitchell said.

Watch here: