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The Senate voted to consider a request for witnesses at Donald Trump’s impeachment trial, injecting a chaotic new element that could end up prolonging proceedings that had appeared to be on track to wrap up on Saturday.
Five Republicans joined with Democrats and independents in a 55-45 vote to allow debate on subpoenas for witnesses in the trial — a move that left even some senators unsure about what will come next.
Senate leaders were negotiating the next steps. Majority Leader Chuck Schumer said, “There are discussions under way,” and the Senate recessed until 12:30 p.m. Saturday.
Amid confusion over what the vote meant, Democratic Senator Elizabeth Warren said it opened discussion on whether to actually call witnesses and how many.
“I don’t think there’s any limit right now, and that’s part of what will be debated,” she said.
While it takes a two-thirds majority to convict Trump, it would take just a simple majority to subpoena witnesses and agree to the process for calling them.
The surprise turn in the trial came after House impeachment managers asked that the Senate hear testimony from GOP Representative Jaime Herrera Beutler, who voted to impeach Trump, on a conversation she said Trump had with House Republican Leader Kevin McCarthy rebuffing McCarthy’s calls for help during the mob insurrection.
She said in a statement Friday night that McCarthy told her he asked Trump to call off his supporters. According to Herrera Beutler’s account, Trump first claimed that the rioters were members of the leftist movement Antifa. When McCarthy responded that they were indeed his supporters, Trump told him, “Well, Kevin, I guess these people are more upset about the election than you are,” Herrera Beutler said in the statement.
Trump’s attorney Michael van der Veen said, “it’s my understanding it’s been reported that Mr. McCarthy disclaims rumors that have been the basis of this morning’s antics.”
McCarthy’s office didn’t immediately respond to requests for comment.
Van der Veen also threatened to gum up the trial with requests for a torrent of witnesses.
“I’m going to need more than 100 witnesses, not one,” he said. “Do not handcuff me by limiting the number of witnesses I can have.”
GOP Senator Jerry Moran of Kansas said the hope is that the Senate can work out a resolution on witnesses.
“That’s the intent at the moment, to see what the parameters of witnesses might be,” he told reporters. “But it’s got to not be lopsided. We’ve got to make certain the time necessary to take depositions with witnesses occurs.”
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The Republicans voting to debate calling witnesses were Susan Collins of Maine, Mitt Romney of Utah, Ben Sasse of Nebraska, Lisa Murkowski of Alaska and Lindsey Graham of South Carolina.
Graham changed his vote to yes from no at the last minute. He tweeted afterward that he preferred the Senate go straight to a vote on a verdict. But he said if witnesses are going to be called, he would insist on “multiple” requests, including testimony from House Speaker Nancy Pelosi about whether there was any evidence of “pre-planned violence” before Trump spoke on Jan. 6 and whether she refused to call in extra security.
The vote on considering witnesses followed Senate GOP leader Mitch McConnell telling colleagues earlier in the morning he’ll vote to acquit Trump, three people familiar with the matter said. That would all but squelch any chance the former president would be convicted as the Senate prepared to deliver a verdict.
McConnell’s decision, first reported by Politico, is likely to have a significant impact on any Republicans who had been wavering on a verdict, which had been expected later Saturday. It would take 17 GOP senators siding with Democrats and independents to reach the two-thirds majority required for conviction.
“While a close call, I am persuaded that impeachments are a tool primarily of removal and we therefore lack jurisdiction,” McConnell said in his message to Republicans.
— With assistance by Steven T. Dennis, and Mike Dorning
(Updates with negotiation, recess in third paragraph, Graham tweet in 16th)
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