December 10 impeachment inquiry news | CNN Politics

Articles of impeachment against President Trump unveiled

impeachment presser 2
Nadler lays out articles of impeachment against Trump
2:02 • Source: CNN
impeachment presser 2
2:02

Where things stand now

  • Impeachment articles announced: House Democrats unveiled two articles of impeachment against President Trump. They are: abuse of power and obstruction of Congress.
  • This week: A vote in the House Judiciary Committee on whether to impeach Trump could happen. That means a full House vote to impeach Trump could take place as soon as next week.
  • Sign up for CNN’s Impeachment Watch newsletter here.
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Trump makes a series of false claims at tonight’s rally

President Trump repeated several inaccurate statements at tonight’s rally in Pennsylvania, including his most-repeated claims about the Veterans Choice Program and the Democrats’ position on immigration reform.

Trump slid in a false claim about Veterans Choice Program. “Look what we did for our vets with choice,” he said.

  • Facts First: President Barack Obama signed the Choice program into law in 2014; in 2018, Trump signed the VA MISSION Act, that expanded and modified the program.

Trump said under his administration median household income went up $5,000 in less than three years, “and then when when you add energy savings and you add tax savings, you have almost a $10,000 gain in three years.”

  • Facts FirstThere is no basis for Trump adding $2,000 or $3,000 for “regulatory and energy cuts” over and above the “$5,000” income growth he is asserting. The figures Trump is citing for income growth came from a company called Sentier Research, not the Census Bureau. Sentier is run by former Census Bureau officials, so its figures should not be dismissed out of hand, but it’s important to note that the Census Bureau, which uses a different methodology, has found a smaller increase in Trump-era growth. We won’t get into the debate about which numbers are better. What we can say for sure is that it does not make sense to add $2,000 or $3,000 for the supposed impact of Trump’s loosening of regulations. Trump has not provided a source for these numbers. (Sentier confirmed they did not come from the firm.) Regardless: Sentier’s income numbers are for pre-tax household income. Those pre-tax income numbers would include any income benefits from Trump loosening red tape on businesses. In essence, Trump is trying to double-count the impact of his regulatory reductions. In addition, it is entirely unclear what Trump is referring to when he talks about “energy savings.” Household energy costs have increased since Trump took office, as have gasoline costs. (Gasoline costs are lower than they were for most of Obama’s presidency, but higher than they were in 2016.)

When talking about former 2020 candidate Beto O’Rourke, Trump claimed that O’Rourke wanted to “get rid of religion — the Bible.”

  • Facts First: Beto has not talked about getting rid of the Bible or religion. He did answer “yes” when asked by CNN’s Don Lemon if he thought “religious institutions like colleges, churches, charities, should they lose their tax-exempt status if they oppose same-sex marriage?” But O’Rourke has never said he wanted to get rid of the Bible, or religion.

Trump said “Mexico is now giving us 27,000 soldiers on our border.”

  • Facts FirstMexico has deployed around 27,000 troops, but Trump exaggerated how many are being stationed near the US border in particular. On Nov. 2, CNN reported that nearly 15,000 troops were deployed to Mexico’s northern border, where they set up 20 checkpoints, Mexican Defense Minister Luis Cresencio Sandoval said at the time. At the southern border, 12,000 troops were deployed and 21 checkpoints were set up. Acting US Customs and Border Protection Commissioner Mark Morgan has offered similar numbers, telling reporters in September that 10,000 of approximately 25,000 troops were on Mexico’s southern border.

Trump claimed that Democrats “are now the party…of open borders.”

  • Facts FirstEven 2020 Democratic presidential candidates who advocate the decriminalization of the act of illegally entering the country, such as Massachusetts Sen. Elizabeth Warren and former Housing and Urban Development Secretary Julián Castro, do not support completely unrestricted migration, as Trump suggests.

Trump claimed, “we haven’t taken in money from China, ever. And it’s coming in now by the billions.”

  • Facts First: It’s not true that the US has never received any money from China. The US has had tariffs on China for more than two centuries. FactCheck.org reported that the US generated an “average of $12.3 billion in custom duties a year from 2007 to 2016, according to the US International Trade Commission DataWeb.” That’s in addition to China’s hundreds of billions of dollars in purchases of US goods – more than $300 billion during Trump’s presidency alone.

Trump says he faces "the lightest impeachment in the history of our country"

President Trump speaks at a campaign rally in Pennsylvania.

President Trump said the impeachment he now faces from the House is “impeachment-lite” and argued he faces “two flimsy, pathetic, ridiculous articles of impeachment.”

Trump mocked the articles of impeachment Democrats unveiled earlier today, arguing “these two things, they’re not even a crime.”

He argued that by not including articles of impeachment on “collusion” or “obstruction of justice,” the Democrats are “admitting” that neither of those occurred.

“They’re impeaching me and there are no crimes. This has to be a first in history,” Trump said.

Fact check: Trump makes series of claims about US energy production. Here's what we know.

President Trump made a series of claims at tonight’s rally about energy production in the US.

Here’s what we know:

Trump told his usual semi-comedic story about how, if “windmills” are used for energy as he said Democrats want, people’s televisions will go out if the wind is not presently blowing: “Darling, I want to watch television tonight and there’s no damn wind.”

  • Facts First: Democrats support the use of wind turbines. Using wind power as part of a mix of power sources does not cause power outages even when the wind isn’t blowing, as the federal Department of Energy explains on its website. “Studies have shown that the grid can accommodate large penetrations of variable renewable power without sacrificing reliability, and without the need for ‘backup’ generation,” the Department of Energy says.

During the rally, Trump claimed that the US is “now number one in the world” in energy.

  • Facts First: The US has not just “now” become the world’s top energy producer: it took the top spot in 2012, according to the US government’s Energy Information Administration – under the very Obama administration Trump has repeatedly accused of perpetrating a “war” on the industry. The US became the top producer of crude oil in particular during Trump’s tenure. “The United States has been the world’s top producer of natural gas since 2009, when US natural gas production surpassed that of Russia, and it has been the world’s top producer of petroleum hydrocarbons since 2013, when its production exceeded Saudi Arabia’s,” the Energy Information Administration says.

Following Trump’s claim about energy production, he said “our air and our water are cleaner now than it’s ever been.”

  • Facts First: By several measures, US air was cleaner under President Barack Obama than it has been under Trump. Three of the six types of pollutants identified by the Clean Air Act as toxic to human health were more prevalent in the air as of 2018 than they were before Trump took office, according to Environmental Protection Agency data. Additionally, there were more “unhealthy air days” for sensitive groups in 2018 than in 2016 — 799 days across the 35 American cities surveyed by the EPA, up from 702. Though there were significantly more “unhealthy air days” in Obama’s first term than there have been in Trump’s, the lowest amount of unhealthy air days — 598 — occurred in 2014 under Obama.

Fact check: Trump says the whistleblower's complaint was "totally untrue." But it's largely been proven accurate.

President Trump, discussing the impeachment inquiry at his rally tonight, said “the whistleblower defrauded our country, because the whistleblower wrote something that was totally untrue.”

  • Facts FirstThe whistleblower’s account of the call has largely been proven accurate. In fact, the rough transcript released by Trump himself showed that the whistleblower’s three primary allegations about the call were correct or very close to correct. (You can read a full fact check here.)

Talking about his July 25th call with Ukrainian President Volodymyr Zelensky, Trump said “they didn’t know we had it transcribed. Word for word transcribed. So beautiful.”

  • Facts First: The document released by the White House explicitly says, on the first page, that it is not an exact transcript of Trump’s phone call with Ukrainian President Volodymyr Zelensky. In testimony in late October, the National Security Council’s top Ukraine expert, Lt. Col. Alexander Vindman, said that he tried to make edits to the document to include two things that were said on the call but not included in the document, a source told CNN. Trump appeared to inadvertently use the word “meeting” in his interview with Nigel Farage; he quickly made clear he was talking about the phone call.

Fact check: Trump says his polling is "through the roof," but there's no sign his numbers are significantly increasing

President Trump kicked off his rally in Hershey, Pennsylvania, by commenting on his accomplishments.

He told the crowd “our polling has been going through the roof.”

Facts First: “Through the roof” is a vague phrase, but there is no sign of Trump’s poll numbers significantly increasing as a result of Democrats’ impeachment inquiry or their investigation into his dealings with Ukraine.

The day he spoke here, he had a 41.7% approval rating and a 53.6% disapproval rating in FiveThirtyEight’s aggregate measure. CNN senior writer and analyst Harry Enten wrote about how recent polls don’t show evidence of a pro-Trump backlash.

Trump says Democrats announced trade deal today "because they're embarrassed by the impeachment" 

President Trump claimed tonight at his rally in Pennsylvania that Democrats announced the USMCA deal earlier today “because they’re embarrassed by impeachment” and called it a “silver lining.”

Trump noted that his administration has been “waiting a long time for Nancy Pelosi” to back the trade agreement.

He slammed the impeachment process and claimed that “our poll numbers have gone through the roof because of her stupid impeachment.”

But Trump argued that USMCA was the “silver lining of impeachment.”

“That’s the reason they approved USMCA and that’s OK with me,” Trump said. “They approved it and they’re very happy to have it.”

Censure is "unacceptable" for Trump, official says

Responding to reports that some moderate Democrats are proposing a censure of President Trump as a compromise in the impeachment inquiry, a senior administration official dismissed the idea as “unacceptable.”

“Why would you censure the President when he hasn’t done anything wrong?” the official asked.

The official pointed to polling that the White House believes is indicative of support slipping for impeachment.

As for the next steps, the official repeated what press secretary Stephanie Grisham observed earlier in the day and said White House officials were surprised that Democrats only announced two articles of impeachment, saying the President’s legal team had expected more than that. It’s too early to forecast what a trial would look like, the official added, saying the question of Trump’s participation has not been resolved.

The official who spotted Trump before leaving for his rally in Pennsylvania said the President did not seem distracted by the inquiry and was preparing for tonight’s speech.

Trump calls articles of impeachment "very weak"

President Trump asserted that Democrats announced they reached a deal on USMCA today to “muffle down” the House’s introduction of articles of impeachment.

“They approved today, of all days — we’ve been waiting a year and they approved today the USMCA. And I call that the silver lining to impeachment, because without the impeachment, they would have never approved it, in my opinion. The impeachment is the reason they approved it and interestingly one hour after the news conference, they went out and did a news conference on the big trade deal,” he said.

Trump also called the articles of impeachment introduced earlier today introduced “very weak.”

Trump also asserted that the “favor” he mentioned on his call with the Ukrainian president was in relation to doing the US a favor, not him.

Podcast: The articles of impeachment have arrived

For just the fourth time in American history, the President faces articles of impeachment.

Democrats claim President Trump committed two “high crimes and misdemeanors” — abuse of power and obstruction of Congress. But did they pull their punches in order to protect center-left members of their caucus in swing districts?

In today’s episode of “The Daily DC: Impeachment Watch” podcast, CNN political director David Chalian unpacks a historic day with CNN reporter and producer Marshall Cohen and CNN legal analyst Shan Wu.

Listen to the podcast here.

House Judiciary Committee begins formal discussion on impeachment articles tomorrow night

The House Judiciary Committee will begin formal discussions about the articles of impeachment tomorrow night, according to a source familiar. The meetings will be public and on camera.

Here’s how the next couple days are expected to proceed:

  • Wednesday: At 7 p.m., the committee will meet and members will have the opportunity to make opening statements. Each member gets 5 minutes.
  • Thursday: At 9 a.m. ET, the committee will start considering amendments. There is no timing on when it will end.

No ruling today in key impeachment witness case

Federal Judge Richard Leon didn’t decide what to do with impeachment witness Charles Kupperman’s court case today, after more than an hour of arguments.

The House and the Justice Department have asked the DC District judge to dismiss the case — and the House lawyers promised emphatically that their committees wouldn’t subpoena Kupperman, a former deputy national security adviser, as impeachment heads to a Senate trial. The House also wouldn’t hold him in contempt, its lawyers said.

Why this matters: The case — where Kupperman went to court after he received a House subpoena in late October and was told by the White House not to testify — has effectively put a pause on the fight between the House and the White House over impeachment witnesses. Several did not testify under the President’s direction, and the House announced today it would introduce an article of impeachment against Trump for obstructing Congress. Kupperman, at times, has been considered a stand-in for John Bolton, another top witness the House had wanted to speak about the President and who hasn’t testified.

The House admitted in court Tuesday it’s basically powerless to force administration officials to testify at this time.

“We like to keep up appearances we have a jail in the basement,” US House attorney Todd Tatelman told the judge, conceding that the House wouldn’t arrest a person on his or her own for defying a congressional subpoena. The House would “absolutely will not be doing this here in this instance.”

House Judiciary Chairman Jerry Nadler privately pushed for obstruction of justice article, sources say

Democratic sources say that House Judiciary Chairman Jerry Nadler privately advocated for obstruction of justice as an article of impeachment, which would have included evidence from special counsel Robert Mueller’s investigation.

As CNN reported this afternoon, there were multiple individuals, including committee chairs and members of Democratic leadership, who also agreed with a separate article of impeachment.

Ultimately, House Speaker Nancy Pelosi backed the two articles that were unveiled today — abuse of power and obstruction of Congress.

Multiple Democrats on the House Judiciary Committee say that the conversation they had privately with Laurence Tribe, a Harvard University law professor, during a Saturday prep session, helped convince them that narrowly crafted articles focused on Ukraine was the best path forward. 

Tribe praised the articles in a tweet today — while highlighting the language that referred back to President Trump’s conduct Mueller documented.

Separately, Nadler wrote a letter to House Democrats this afternoon.

In it, he said:

Romney on Trump impeachment: "I'm keeping an open mind"

Republican Sen. Mitt Romney said it is “way too early” to make an assessment on President Trump’s impeachment, but added that he is “keeping an open mind.”

Asked if he’s open to voting to convict Trump, he said, “I’m keeping an open mind until that process is completed.” 

Separately, Senate Majority Whip John Thune was asked if he expected any GOP votes to convict Trump: “You have to go through the process, but I would not expect that to be the case.”

Also, one moderate Democrat— Arizona Sen. Kyrsten Sinema — refused to take any questions about her views on the articles of impeachment. An aide repeatedly interjected and instructed reporters to call her press office.

Sen. Schumer says some GOP members are forming their own "conspiracy caucus"

Senate Minority Leader Chuck Schumer said some GOP members are forming their own “conspiracy caucus,” where they are “pushing known Putin propaganda that Ukraine interfered in our elections.”

Schumer added that none of these conspiracy theories “address the facts in the articles of impeachment.”

Schumer was also asked when he’ll have discussions with McConnell on the Senate trial. He replied, “As soon as he’s ready.” 

Asked if he has received an invitation from McConnell yet, Schumer said “not yet, no.”

Schumer wouldn’t get into specifics about what the ideal Senate trial would look like, in response to a reporter question. He only said, “it should be fair, it should be bipartisan, and it should let the facts come out.”

He added: “It is not lost on members of the United States Senate that the White House has made a choice to block witnesses from testifying under oath and has refused to provide documents that might disprove the evidence against the President.”

Small group of vulnerable House Democrats float idea of censure instead of impeachment

Some House Democrats from districts that President Trump won in 2016 met Monday to discuss ways to possibly avoid a full on impeachment trial. They suggested an official censure of the President instead.

They argue that the outcome of an impeachment trial in the GOP Senate will inevitably lead to an acquittal, and say they hope a censure option could broaden the chance of building bipartisan support. 

But the members recognized that censuring the President was unlikely to succeed, according to two sources with knowledge of the meeting. 

McConnell: Impeachment trial will start "after bowl games"

Senate Majority Leader Mitch McConnell said the Senate trial will start “right around the time the bowl games end,” at a news briefing following Senate lunches today.

An aide said McConnell is talking about starting the trial after the New Year’s bowls, which are a series of six college football matches.

CNN’s Lauren Fox asked if he will be meeting soon, or even next week, with Minority Leader Schumer to discuss Senate trial procedure, McConnell replied: “Yeah, we’ll be talking about the way to go forward and see if we can reach an agreement.”

But he added they have not spoken about it yet.

Asked if the Senate will take live witnesses or use taped depositions, McConnell said, “We’ll make that decision after we’ve heard the opening argument.”

Here's where things stand now in key cases tied to the impeachment inquiry

The House Democrats’ announcement this morning of articles of impeachment against President Trump highlighted how time is of the essence when Congress wants to check the power of the presidency. But House Intelligence Committee Chairman Adam Schiff’s remarks also noted the judicial branch’s power and timing — and how the federal courts, in this situation, may be taking too long.

What Schiff said:

In many ways, Schiff’s right. (He’s certainly correct about the timeline in former White House counsel Don McGahn’s case, which is still unresolved.) Federal courts have spent months weighing disputes between the House and Trump or his White House, especially when they relate to possible impeachment. And none of the cases have been definitively decided yet.

Here are some more examples:

  • This afternoon, potential impeachment witness Charles Kupperman, a former Trump deputy national security adviser, is in court about whether he can ask a judge to decide if he must testify. The hearing begins at 3 p.m., and what happens in the case (if it happens quickly enough) could affect the House’s ability to call other top witnesses whom the White House has stonewalled, like former national security adviser John Bolton or chief of staff Mick Mulvaney.
  • House committees subpoenaed Trump’s financial records and other documents from two banks and an accounting firm in the spring. Trump sued to stop the subpoenas shortly after, in April, and the cases are just now beginning to be considered by the Supreme Court and decided by another appeals court.
  • The House says it needs to see confidential details from grand jury proceedings in special counsel Robert Mueller’s investigation, and that those details could factor into questions of whether to impeach Trump for obstruction of justice, which Mueller thoroughly investigated. The case will be argued before the appeals court on Jan. 3 alongside McGahn’s case. So both McGahn and the Mueller grand jury questions are still at least a step away from the Supreme Court.

McConnell says Senate won’t deal with impeachment trial before Christmas recess

Senate Majority Leader Mitch McConnell said they won’t hold an impeachment trial or take up the USMCA trade bill until they come back from recess scheduled to begin at the end of next week.

Why Democrats dropped push to add Mueller evidence in articles of impeachment

House Democrats engaged in a vigorous debate behind-the-scenes about whether to charge President Trump with obstruction of justice as part of an article of impeachment, but ultimately decided that doing so would become a more difficult message to sell and could cost votes on the floor, according to multiple Democratic sources involved in the discussions. 

At a closed-door meeting Monday night, House Speaker Nancy Pelosi and her leadership team debated about adding an article of impeachment on obstruction of justice related to former special counsel Robert Mueller’s investigation, but it was recognized in the room that they would lose some Democratic votes. The idea was broached of even seeing that article of impeachment voted down, but there was little support for going that route, according to a source familiar with the discussions. 

Several Democrats on the House Judiciary Committee pushed hard to include the language, arguing that not charging Trump with obstruction of justice would excuse Trump’s allegedly illegal behavior. 

But a source familiar with the matter said that Democrats didn’t want to jeopardize the overall impeachment effort, and House Judiciary Committee Democrats ultimately got behind the decision to allude to the Mueller allegations in the articles as part of a reference to a pattern of Trump’s behavior. 

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