Reports: McConnell doesn’t have votes to block witnesses in impeachment trial

Plus, Barbara McQuade guest edits the newsletter week. [View in browser]( [Article II Inside Impeachment podcast | Listen now]( [Image]( JANUARY 28, 2020 NBC News and MSNBC legal analyst Barbara McQuade is guest editor for the MSNBC Daily this week. She is currently a professor at the University of Michigan Law School and was a former U.S. attorney. Read Barb's take on the news of the day and scroll down for her Most Important Reads. She also answers a question from our readers. [Image] BARB'S TAKE The defense in the impeachment trial of President Donald Trump rested in its opening statement today, but a significant turning point appears imminent. Senate Majority Leader Mitch McConnell has [indicated that he lacks the votes to block witnesses](. If so, we can expect that the House Managers will call as a witness national security adviser John Bolton. The Senate will debate and vote on whether to call witnesses on Friday. This about-face seems to be the direct result of [reporting by The New York Times]( about the content of Bolton’s upcoming book. It reportedly discloses that Trump tied the release of Ukraine's military aid to his request that Ukraine announce investigations. This reporting suggests that facts will continue to trickle out. Senators who vote to acquit Trump without hearing from Bolton and other key witnesses risk being seen as enablers in a coverup. Wednesday and Thursday will be set aside for questions from senators. House managers and Trump’s defense attorneys will answer the questions. During the impeachment of President Bill Clinton, senators asked more than 100 questions. Each party gets up to eight hours to ask questions. To prevent grandstanding from the senators, the rules require them to submit their questions in writing to Chief Justice John Roberts, who will read them out loud. I sense an SNL parody coming on. IN CASE YOU MISSED IT: VIDEOS [Image]( [Wallace: As Trump's defense rests, it's 'remarkable how beaten down they seem']( Nicolle Wallace and Brian Williams break down President Trump's legal team's defense as they rest their case. [Facebook]( [Twitter]( [Former Trump Chief of Staff John Kelly: 'I believe John Bolton']( “If John Bolton says that in the book I believe John Bolton,” said retired Gen. John Kelly, who served as Trump’s chief of staff for 18 months. [Facebook]( [Twitter]( MORE VIDEOS Schiff: Trump defense forced to fall back on 'So what?' ([Rachel Maddow]() Chris Hayes pulls the receipts on Republicans' Ukraine corruption claims ([Video]() Chuck Schumer: 60% of Republicans think witnesses, documents are fair ([Chris Matthews]() How dangerous could John Bolton possibly be for Trump? ([Brian Williams]() McCaskill: Given Trump kids and 'grift,' Trump team's attack on Bidens unbelievable ([MSNBC]() Joe: A confederacy of dunces defends Trump ([Morning Joe]() McCaskill: 'Holy Toledo, he just asked for Bolton to come testify' ([MSNBC]() MORE NEWS [More U.S. service members diagnosed with brain injury from Iran missile attack]( A total of 50 U.S. service members suffered traumatic brain injury from this month’s Iranian missile attack on Iraqi bases hosting American troops, the Pentagon said Tuesday. [Lev Parnas can attend Trump's impeachment trial, but judge won't let him take off ankle monitor]( Unless the Senate alters its rules, Lev Parnas' GPS device will likely make his attendance in the Senate Gallery impossible. [Harvard's chemistry chair charged with lying about China contract]( Federal prosecutors on Tuesday charged a top Harvard University scientist with lying to the Department of Defense about his work for a Chinese-run talent recruitment program. [Coronavirus risk in U.S. 'remains low' even as federal officials take steps to protect public]( Dozens of people have been tested for the coronavirus in the U.S., but only five cases have been confirmed so far. Confirmed cases of the coronavirus in the United States as of Jan. 28: [Image]( BARB'S MOST IMPORTANT READS It’s Super Bowl week, and the President is using a [prevent defense](. The strategy sometimes backfires in football. Will it succeed for Trump? Today in the [sexual assault trial of Harvey Weinstein in New York](, the prosecution presented what is known as 404(b) evidence, named for the rule of evidence that permits evidence about a defendant’s alleged other bad acts. Today, this evidence came in the form of testimony by other accusers. We tend to sort people into categories of good and bad, but the world is more complex than that. As a prosecutor, I often met good people who did bad things. How to make sense of Kobe Bryant’s complicated legacy? An advocate for survivors of sexual assault shared with me this [thoughtful reflection by Jill Filipovic](. Virginia just passed the Equal Rights Amendment. Legislators [explain why we need it](: Today, the ERA would substantially affect the lives of women across the country by proscribing sex discrimination directly in the Constitution itself, rather than only piecemeal through federal or state laws, and by confirming Congress’ power to legislate. As issues such as the #MeToo movement and the gender pay gap illustrate, our laws still require fundamental changes in some areas and more thorough enforcement in others. With primary season upon us, it’s time to consider what’s on the minds of Americans in the heartland. Here in Michigan, voters tell me [they care about honesty](. Polling data shows the top issues are in the Great Lakes State are infrastructure and jobs. YOU ASKED, WE ANSWERED From Lyla Clark: With Trump impeached already by the House, does an impeached President still have the power to 'pardon' given he has been impeached for abuse of power? Is the president still permitted this power, given how he can and has abused it after he has been impeached (but not removed from office ? Barbara McQuade: Yes, after a President is impeached, he retains all powers granted to him under Article II of the Constitution, including the power to grant pardons. It is not until the Senate votes to remove him that he loses these powers. Upon conviction, removal from office is immediate — Article II, Section 4 provides that the president “shall be removed from office on” conviction of “high crimes and misdemeanors. Therefore, he could not grant a pardon on his way out the door after a Senate vote to remove him. The Constitution limits the remedy for impeachment to removal from office and disqualification to hold office, though it does say that this the disqualification from holding office in the future is automatic. A Senate vote is usually taken to bar an impeached judge or other official from seeking office again. This raises the remote but possible outcome that President Trump could be impeached, removed and reelected. Got a question for Barb? [Send it here](mailto:msnbc.digital.editors@nbcuni.com?subject=MSNBC Daily questions for Barbara)and she might answer in a future newsletter. She's guest-editing all week! WHAT TO WATCH NEXT The impeachment trial of Donald Trump continues Wednesday at 1 p.m. ET for the first of an anticipated two days of Q&A. The questions for House managers and the White House defense team will alternate— one from the Republicans, then one from the Democrats— and so on. Brian Williams, Nicolle Wallace, Chuck Todd, Chris Matthews, and Ari Melber will anchor MSNBC’s special live coverage beginning at 9 a.m. ET, featuring the latest reporting from our Capitol Hill team and commentary from our panel of lawyers, political insiders, and historians. Were you forwarded this email from a friend? [Subscribe here](. Check out ["The Day That Was,"]( our primetime video recap. [Unsubscribe](listvar=sub_daily) “So You Wanna Be President With Chris Matthews” is MSNBC’s newest podcast that breaks down the six most important lessons learned from presidential campaigns that win. Across six episodes, Chris talks with campaign veterans who have had front row seats to presidential history. They explain why these lessons matter, and how they’ve separated winners from losers. [Image]( Follow MSNBC [Facebook]( [Twitter]( [Instagram]( [YouTube]( [LinkedIn]( Check out the MSNBC channel on Apple News [Download the MSNBC mobile app and watch]( [Listen live to MSNBC on TuneIn]( [Image]( [Image]( [Privacy]( [Unsubscribe](listvar=sub_daily)