House and Senate in impeachment standoff over next steps | Plus, Joyce Vance on why this isn't a bad thing

Senate Majority Leader Mitch McConnell, R-Ky., said Thursday that he has reached an “impasse” with Senate Minority Leader Chuck Schumer, D-N.Y., over moving forward with the rules governing a Senate trial. [View in browser]( [Image]( DECEMBER 20, 2019 Former U.S. attorney and MSNBC contributor Joyce Vance is guest editor for the MSNBC Daily this week. She is currently a professor at the University of Alabama School of Law. Scroll down for Joyce's take on the news of the day and her Most Important Reads. Joyce also answers a question from one of our readers. [Image] Today's headlines: - Senate Majority Leader Mitch McConnell, R-Ky., said Thursday that he has [reached an “impasse”]( with Senate Minority Leader Chuck Schumer, D-N.Y., over moving forward with the rules governing a Senate trial of President Donald Trump, who was impeached by the House on Wednesday. House Democrats have said they may not submit the articles of impeachment to the Senate unless McConnell agrees to rules that ensure a fair trial, which Schumer has said should include witnesses who did not give testimony to the House. A continuing impasse could mean that Trump will have to wait indefinitely to be acquitted by the Republican-controlled Senate. [On the Rachel Maddow Show](, Schumer says that he will force a vote on the witnesses and documents: "All we need is four Republican senators to side with us to get 51, because all 47 Democrats are totally on board with it... My hope is that these Republicans go home over the next two weeks and they will hear from their constituents 'At least let them have witnesses.' And we will see what happens." - The Democratic presidential contenders [made their cases]( for why they are best suited to take on President Trump next year. With the field of candidates on the debate stage narrowed to seven, there was more room for head-to-head conflict among contenders Thursday night. [Read more from NBC News' Shannon Pettypiece.]( IN CASE YOU MISSED IT: VIDEOS [Image]( [Sen. Schumer on Trump's call for a Senate trial: 'Well, good!']( Senate Minority Leader Chuck Schumer talks with Rachel Maddow about the conflicting messages from Republicans on whether they want an impeachment trial in the Senate or not, and whether Donald Trump's apparent preference to litigate his impeachment will ultimately force Mitch McConnell to allow witnesses and evidence. (Rachel Maddow) [Facebook]( [Twitter]( [Image]( [After a slow start, Dems clash and hit Trump at raucous sixth debate]( MSNBC's Brian Williams walks us through the sixth Democratic debate which started as a quiet affair but became heated up to include some fierce shots between candidates and toward Trump. (11th Hour) [Facebook]( [Twitter]( MORE VIDEOS - Laurence Tribe: ‘I’d be amazed’ if vulnerable GOP Senators vote against calling witnesses ([The Last Word]() - Expect Trump to seek revenge for impeachment: fmr. Trump employee ([Rachel Maddow]() - Warren on Trump impeachment, Buttigieg's 'wine cave' fundraiser, and more ([Video]() - McCaskill: Health insurance will be the main issue of the 2020 campaign ([11th Hour]() - Joe: Trump remarks about Rep. Dingell 'beyond sick' ([Morning Joe]() - The women who rose to office and voted to impeach ([Morning Joe]() - The curious case of Melania Trump's signature ([All In]() QUOTE OF THE DAY [“It's called empathy. Look it up.”]( — Former VP Joe Biden's [response on Twitter,]( after former White House Press Sec. Sarah Sanders mocked him for accentuating a stutter in his response to a question at Thursday's Democratic Debate. JOYCE'S TAKE When it comes to impeachment, the topic of the day seems to be Nancy Pelosi’s delay in sending the House Articles of Impeachment to the Senate. Democrats and pundits are debating whether she can and should do it. Many suggest it’s the only leverage Democrats have for forcing Republicans in the Senate to adopt fair rules, or at least rules that are more fair than committed pro-Trump-juror Mitch McConnell seems inclined to provide. Trump demanded in a tweet that he receive an “immediate trial.” I see another reason delay provides Democrats with a potential advantage. In early September, no one saw a Christmas impeachment coming over a Ukrainian extortion scheme. But here we are. And with every day, sometimes every hour, new discoveries come to light about Trump's impeachability. Just this afternoon a senior Trump staffer confirmed that the President [got his information on Ukraine]( straight from Putin, that Trump himself said he believed Ukraine interfered in our elections because “Putin told him so.” A few minutes later, an evangelical Christian publication started by Billy Graham [called for Trump’s removal from office](. There is no telling what might come next and whether it might be the type of thing that could sway Republican votes in the Senate, but it’s clear that delay is the Democrats’ best friend right now. JOYCE'S MOST IMPORTANT READS What I've been reading: - Former Republican Kurt Bardella argues Democrats shouldn’t be too quick to send the articles of impeachment to the Senate. ([NBC News Think]() - The [Washington Post’s Jennifer Rubin]( ponders how long Pelosi should delay transmitting articles of impeachment. - Meanwhile, Elie Mystal has this irreverent but thought provoking take on the issue for [Above The Law](. - [Christianity Today](, the Magazine founded by Evangelical Christian Billy Graham argues it’s time to remove Trump. - Khary Penebaker lost his Mom to suicide when he was still a baby. He writes about the connection between guns and suicide and the personal cost to affected families. ([Milkwaukee Journal Sentinel]() - Finally, in order to insure our courts function properly, there is a 500 year common law tradition against civil arrests at court houses. During the Trump administration, ICE has broken that rule and after the NY AG sued, argued the courts lack jurisdiction to review its actions. Today, a federal judge ruled that lawsuit against ICE can proceed. ([Washington Post]() YOU ASKED, WE ANSWERED From Dory Rowe: What power does Justice Roberts have to ensure the Senate trial is fair in light of McConnell and Graham state they will not be impartial jurors. Can they be excused from the process? Joyce: The Constitution gives Senators a greater role in impeachment than jurors have in a criminal trial. They don’t just determine the facts, they also set the rules for trial procedure. They can determine what the burden of proof is and what constitutes an impeachable offense. This means the Chief Justice, who will act as a presiding officer to these juror-judge hybrid senators, has less power than a trial judge typically exercises. I don’t expect we’ll see Justice Roberts excuse any Senators from the proceedings or enforce Democrat’s demands for witnesses or documentary evidence. Senator McConnell has made clear that he intends to control these proceedings, even with the Chief Justice in the Senate. Got a question for Joyce? 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