Senate Minority Leader Chuck Schumer, a Democrat from New York, listens during a news conference at the U.S. Capitol in Washington D.C., U.S., on Tuesday, Jan. 28, 2020. Photo by Stefani Reynolds/Bloomberg via Getty Images

It’s Tuesday, the traditional day for elections and for our pause-and-consider newsletter on politics and policy.

What happens next in the impeachment trial
By Daniel Bush, @DanielBush ([link removed])
Senior Political Reporter

Over the past several days, President Donald Trump’s lawyers have done their best to dismantle the House manager’s case, finishing their oral arguments Tuesday. As the Senate moves on to the next phase of the trial, let’s look back at some key takeaways from the arguments made by Trump’s legal team.

A ‘measure of last resort’

House Democrats said they had no choice but to impeach Trump for abuse of power and obstruction of Congress. On Monday, Kenneth Starr, the man who lead the independent counsel investigation into President Bill Clinton, argued that impeachment should be a “measure of last resort,” not a political weapon used to resolve policy disagreements.

Starr also argued that the frequency of impeachment inquiries in the modern era -- three since the early 1970s, against Richard Nixon, Clinton and Trump -- had turned the past few decades into the “age of impeachment.” (The irony was not lost on Democrats, who said Starr was an imperfect messenger for the history lesson, given his role in the 1990s pursuing a years-long investigation into Clinton.)

Trump’s lawyers argue the president did not commit any crimes

The president’s lawyers also seized on the debate over whether articles of impeachment need to constitute crimes. In their oral arguments last week, Democrats claimed there is no legal or constitutional requirement that a president be impeached for misconduct that would qualify as a crime under the law.

The White House lawyers took the opposite view, arguing that presidents should only be impeached for criminal acts -- and that the articles of impeachment against Trump don’t meet the test.

Bringing up Burisma and the Bidens

Trump has claimed for months that he had a good reason to ask Ukraine to look into potential corruption by Biden and his son, Hunter. Trump’s legal team tried to connect the dots to back that up, arguing that Hunter Biden’s lucrative job on a Ukrainian energy board, and his father’s criticism of a Ukrainian prosecutor investigating the company, deserve investigation.

Democrats last week said there was no evidence backing up the allegations of corrupt business dealings by the Bidens in Ukraine. But at least in this phase of trial, Trump’s defense team got the last word on the Bidens, and they took advantage of it.

Warning against dangerous precedent

In a shrewd move, Trump’s lawyers focused on the institutional role of the Senate in the system of checks and balances.

Deputy White House counsel Patrick Philbin argued that if the Senate votes to subpoena witnesses who have been directed by Trump not to testify, it would set a dangerous precedent. The Senate’s actions will “become the new normal” and could “forever damage the separation of powers,” Philbin said.

FIVE OVERLOOKED POLITICAL STORIES FROM THE PAST WEEK

By Alex D’Elia, @ ([link removed]) AlexDEliaNews ([link removed])
Politics production assistant

1. CIA used prisoner as 'training prop' for torture, psychologist testifies ([link removed]) -- Jan. 23. A psychologist who helped design a torture program testifies to subjecting a man accused of helping finance the the 9/11 attacks to “excessive abuse.” Why it matters: The psychologist also testified that the CIA’s torture techniques verged on breaking the law, he believes. -- NPR

2. Governor Murphy releases 2019 Energy Master Plan – new DEP rules will require builders to consider climate change ([link removed]) -- Jan. 27. Heat pumps and solar arrays will be favored over natural gas fired machinery in New Jersey, and new construction codes that “support net zero carbon new construction” will be developed. Why it matters: The new plan, which aims to fight climate change, occurs as the Trump administration continues to curb back Obama-era environmental policies. -- The National Law Review

3. Russia exerts growing influence in Africa, worrying many in the West ([link removed]) -- Jan. 28. Russia is taking steps to build its first permanent military base in Africa. Why it matters: As Russia expands its presence over the mineral-wealthy continent, American officials are on alert. -- The New York Times

4. The nuns who could help Biden win Iowa ([link removed]) -- Jan. 28. The former vice president and democratic primary candidate hopes that Catholic nuns will support him in the Iowa caucuses next Monday. Why it matters: Catholic nuns are a large bloc of voters in a state that contains a city -- Dubuque -- often called “Little Rome.” -- The Washington Post

5. Pompeo’s clash with NPR grows after journalist is barred from plane ([link removed]) -- Jan. 27. An NPR reporter was barred from traveling with the Secretary to Eastern Europe after NPR revealed that the secretary yelled at one of its reporters behind closed doors. Why it matters: The secretary’s confrontation with the NPR reporter was praised by the president ([link removed]) . -- POLITICO


#POLITICSTRIVIA
By Kate Grumke, @KGrumke ([link removed])
Politics producer

In today’s impeachment proceedings, Pat Cipollone played videos of some Democrats who argued against the impeachment of President Clinton in the 90’s.

Our question: Which of the Democrats’ house managers were in congress during the Clinton impeachment?

Send your answers to or tweet using #PoliticsTrivia. The first correct answers will earn a shout-out next week.

Last week, we asked: From start to finish, how many days did Clinton’s Senate trial last?

Answer: January 7, 1999 - February 12, 1999 (37 days)

Congratulations to our winner Steve Kovalic

Thank you all for reading and watching. We’ll drop into your Inbox next week.
[link removed]


** 4 moments to watch from Day 3 of Trump’s impeachment defense ([link removed])
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