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Los Angeles Times
Los Angeles Times
National
Jennifer Haberkorn

In first big votes of impeachment trial, Republicans kill efforts to subpoena records and officials

WASHINGTON _ The Senate rejected three Democratic attempts Tuesday to subpoena the White House, State Department and Office of Management and Budget for documents related to the Trump administration's effort to hold and then release military aid for Ukraine _ the centerpiece of the impeachment trial underway.

The effort came as Republicans backed off a plan to limit the trial by squeezing the arguments from both House Democrats and President Donald Trump's lawyers into just four days. Majority Leader Mitch McConnell, R-Ky., relented and agreed to six days for the two sides to present their cases, a retreat that Democrats hoped signaled weakness in the GOP's unity on the rules for the trial.

But the first three Democratic motions to issue subpoenas were dispensed with, 53-47, with all Democrats voting in support of accepting them and all Republicans against. They were the first in a series of Democratic amendments expected Tuesday. Additional amendments to subpoena acting chief of staff Mick Mulvaney, former national security adviser John Bolton and others were possible.

But by the end of the session, the Senate is almost certain to approve the Republican rules proposal governing the trial, which includes a plan to delay any decision on witnesses and documents until after opening arguments and senators' questions.

Senators of both parties clung closely to their talking points. White House counsel Pat Cipollone said the articles are "not only ridiculous; they're dangerous to our republic." Rep. Adam B. Schiff, D-Calif., serving as the lead impeachment manager, called it "ass-backwards ... to have a trial and then ask for witnesses."

The day began with lengthy arguments from Schiff and the six other House Democratic managers, as well as Cipollone and other lawyers representing the president, before all 100 senators in the Senate chamber.

While their presentations were supposed to be focused on the Republican and Democratic resolutions concerning the rules of the trial, both parties instead spoke about the entire impeachment case. With the cable television networks airing nearly all of the trial Tuesday, both parties took advantage of the exposure, using the hours to argue their case.

Senators, stuck at their desks with their electronics banished to shelves outside the chamber, listened while taking notes, fidgeting at their desks, passing notes to their neighbors and stifling _ or not stifling _ yawns.

Although Republicans stayed united in rejecting the Democratic amendments, earlier in the day McConnell was forced by internal pressure to back away at the last minute from his plan to fast-track proceedings. McConnell wanted each side to conduct the arguments in a total of 24 hours over two days. Instead, each side will have 24 hours over three days. The change was announced Tuesday afternoon as the clerk of the Senate read the resolution aloud at the start of a debate over whether witnesses and documents would be subpoenaed.

The change was made after a discussion of the rules at a closed-door GOP lunch Tuesday during which several Republicans raised concerns about the original timeline, according to Republicans who were in the room. McConnell left the lunch about halfway through and the remaining senators had a "pretty civil conversation" about expanding the length of arguments, said Sen. Mike Braun, R-Ind. "I think we arrived at a good common-sense decision."

Sen. Susan Collins, R-Maine, "and others raised concerns about the 24 hours of opening statements in two days and the admission of the House transcript in the record," according to Collins spokeswoman Annie Clark. "Her position has been that the trial should follow the Clinton model as much as possible. She thinks these changes are a significant improvement."

With a narrow majority of 53 seats in the Senate, McConnell has little wiggle room to keep his caucus united, and he has boasted that he has the GOP votes to pass the rules package without any Democratic support.

McConnell has said repeatedly that his trial plan was based on the one used during the Clinton impeachment, which included 24 hours over three days for each side as well as admission of the House records. The updated resolution also automatically accepts the House's record of evidence in its impeachment inquiry, which the original version did not do.

Democrats have also blasted the idea of holding 12 hours of opening arguments daily spread over four days, arguing that McConnell was trying to ensure portions of the trial were conducted in the dark of night and completed as quickly as possible. It also would have meant extraordinarily long sessions for senators that might not have ended until 3 a.m., after including breaks and meals.

Democrats framed the changes as significant wins and a sign that a few more Republicans could be persuaded to buck their party on a second round of witness votes next week.

"The public said this is unfair. Republican senators felt the heat and went to McConnell and said you've to change it," said Senate Minority Leader Charles E. Schumer, D-N.Y. That "shows they can make other changes and that we can get documents and witnesses."

Some Republicans, including Sen. Kevin Cramer, R-N.D., a Trump ally, defended the shorter schedule, calling the third day for each side, "another day of life that none of us get back."

"In my view, it's unfortunate that we're dragging the American public through this at all," he said.

The new timeline would push the trial _ which could have wrapped up by early next week _ at least into the end of next week.

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