| | | | | |  | | By Chris Hayes | Presented by |  | | | | | | |  | DRIVING THE DAY | | Good morning from New York on this, the first-ever second impeachment day in American history. I'm Chris Hayes and I host a nightly TV show on MSNBC called "All In" that airs at 8 p.m. ET and a weekly podcast called "Why Is This Happening." I'm married to a brilliant law professor and ABC legal commentator (who also hosts a podcast; it's a two-podcast household). I have three young kids and like a lot of Americans I am pretty freaked out about what's going on right now! So, the big news today, of course, is that for the first time in the country's 244-year history, the president will be impeached for a second time. President DONALD TRUMP was, of course, already in rather rare company, as one of only three presidents — along with ANDREW JOHNSON and BILL CLINTON — to be impeached by the House. He will now occupy a unique place of ignominy in all of American history as the only president impeached *twice.* Not only that, he *may* be headed to being the first ever to be impeached and removed. But I'm getting ahead of myself. THE ARTICLE: The single article of impeachment, drafted by Reps. DAVID CICILLINE, TED LIEU and JAMIE RASKIN (who is mourning the sudden death of his 25-year-old son *less than two weeks ago*), charges Trump with incitement of insurrection. "President Trump gravely endangered the security of the United States and its institutions of Government. He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States." It places his incitement in the context of Trump's monthslong effort, in public and private, to throw out the results of a free and fair democratic election, and for the first time in American history install the clear loser in power over the clear winner. There's no perfect precedent, really — for either what Trump did or how the article of impeachment deals with what he did. The closest historical analogue I can muster is VP John Calhoun's role in the 1832 nullification crisis, in which Calhoun, under a pseudonym, had previously urged South Carolina to openly defy and nullify federal law. Calhoun, though, had the good sense to keep his sedition anonymous — and he was the vice president, not the president. The closest comparison to Trump is the president he has the most in common with, the racist demagogue Andrew Johnson, who once bellowed angrily at a crowd, "Why don't you hang Thaddeus Stevens?" He was later impeached for it (among other things). | | A message from the American Petroleum Institute: Meeting energy needs and tackling climate change isn't either/or. We have to do both. That's why America's natural gas and oil companies are working on climate solutions that will help the U.S. remain the world leader in reducing emissions. Let's make even more progress together. | | | HOW THE DAY SHOULD GO: Things are still fluid, but expect the House to convene at 9 a.m. for initial debate and a pair of procedural votes. Around lunchtime — though it could certainly slide to later — we expect the start of two hours of debate on the article of impeachment. That will be followed by the House impeachment vote, likely in the mid- or late afternoon. The vote SHOULD take between 40 minutes and an hour. And once the gavel comes down, it is likely that Trump will have been impeached — again. HOW MANY REPUBLICAN VOTES: The president's first impeachment, for abuse of power and obstruction of Congress — the result of his efforts to extort the president of Ukraine into smearing his likely opponent (now president-elect) JOE BIDEN — only got a single non-Democratic vote in the House. That was former Republican Rep. JUSTIN AMASH, who was more or less chased from the party once he announced his support of impeachment. This time, as many as a dozen Republicans are expected to side with Democrats (though it could be more). Rep. JOHN KATKO (R-N.Y.) on Tuesday became the first Republican to announce he's a "yes" vote. Reps. ADAM KINZINGER (R-Ill.), FRED UPTON (R-Mich.) and JAIME HERRERA BEUTLER (R-Wash.) joined him. And then there's the big one: LIZ CHENEY, the No. 3 Republican in the House, who announced her support for impeachment in a blistering statement: "The President of the United States summoned this mob , assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution." Cheney has reportedly been in conversations with many other Repubican members about voting with her. Among them is freshman Rep. PETER MEIJER of Michigan, who told CNN "it is obvious that the president is no longer qualified to hold that office," though he did not commit to voting yes. Also, crucially, The New York Times reports that House Minority Leader Kevin McCarthy *will not be whipping the vote.* (Not to mention the horrifyingly ominous fact that McCarthy has reportedly "warned members not to verbally attack colleagues who vote for impeachment because it could endanger their lives.") | | | |   | | | And then there's the Senate. The New York Times dropped a bomb of a scoop with the headline "McConnell is said to be pleased about impeachment, believing it will be easier to purge Trump from the G.O.P." The piece reported: "Senator Mitch McConnell, the Republican leader, has told associates that he believes President Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party, according to people familiar with his thinking. The House is voting on Wednesday to formally charge Mr. Trump with inciting violence against the country. "At the same time, McCarthy of California, one of Mr. Trump's most steadfast allies in Congress, has asked other Republicans whether he should call on Mr. Trump to resign in the aftermath of the riot at the Capitol last week, according to three Republican officials briefed on the conversations." It's hard to know where other Senate Republicans are on this. But if this is *McConnell's* view it seems like we may have — very belatedly — arrived at the moment that McConnell and the Trump-era GOP have desperately tried to avoid: a Goldwater to Nixon moment in which the party decisively breaks with the criminal, dangerous president. Of course, anyone taking that side of the bet for the last four years would be dead broke by now, so I suppose I'll believe it when I see it. | | | | KEEP UP WITH THE FIRST 100 DAYS OF THE BIDEN ADMINISTRATION WITH TRANSITION PLAYBOOK: It was a dark week in American history, and a new administration will have to pick up the pieces. Transition Playbook brings you inside the last days of this crucial transfer of power, tracking the latest from President-elect Biden and his growing administration. Written for political insiders, this scoop-filled newsletter breaks big news and analyzes the appointments, people, and the emerging power centers of the new administration. Track the transition and the first 100 days of the incoming Biden administration. Subscribe today. | | | | | | | CHRIS' PLAYBOOK READS | | IMPEACHABLE SPEECH — A point of Personal Privilege here, but one of the most fascinating and prescient things you could read for better context on today's impeachment is this law review article by constitutional scholar, legal commentator and … (*Borat voice* my wife) Kate Shaw . It's titled, simply, "Impeachable Speech," and looks at the history and legal theory around the question of whether and for what kind of speech a president can be impeached. (If you're looking for a less academic version of it, a lot of the same ideas are found here.) COVID IN CONGRESS — The headline on this piece from Rep. Bonnie Watson Coleman (D-N.J.) kind of says it all: "I'm 75. I had cancer. I got covid-19 because my GOP colleagues dismiss facts." Watson Coleman is just one of three (as of now) Democratic members of Congress who tested positive for the coronavirus after sheltering in a secure location in the Capitol with Republican colleagues, some of whom refused to wear masks. UNDERSTANDING THE 14TH AMENDMENT — Legendary historian of Reconstruction Eric Foner provides a useful read in this moment about how Section 3 of the 14th Amendment can be used to bar Trump or others from future office. Over to the Playbook crew… | | | | | WHAT ELSE YOU SHOULD BE READING | | | 
PHOTO DU JOUR: President Donald Trump signs a plaque on a section of the U.S.-Mexico border wall in Alamo, Texas, on Tuesday, Jan. 12. | Alex Brandon/AP Photo | IMPEACHMENT LATEST … KYLE CHENEY: "'Clear and present danger to the republic': House readies bipartisan impeachment of Trump" THIS EXCHANGE on the House floor Tuesday night summed up the debate over triggering the 25th Amendment. Expect to hear more of this framing today before the impeachment vote: — Rep. Jim Jordan (R-Ohio): "The cancel culture doesn't just go after conservatives and Republicans … it'll come for us all. That's what's frightening." — Rep. Jamie Raskin (D-Md.): "The cancel culture of violent white supremacy tried to cancel out all of our lives last Wednesday." THE CHENEYS VS. TRUMP — ALEX THOMPSON (@AlexThomp): "B/t Dick organizing every living DoD Secretary to sign onto a 'don't do a coup' letter and Liz voting for impeachment, Cheney's taking the lead on one side of the GOP civil war." — "The Cheney-McCarthy rift busts open," by Olivia Beavers and Melanie Zanona: "Liz Cheney and Kevin McCarthy are making two very different bets on Donald Trump — and the one who guesses right may find themselves with a future leading the GOP." MOMENT OF LEVITY — BUZZFEED'S MATT BERMAN (@Mr_Berman): "it's nice to have an impeachment where you don't need to learn a whole cast of Ukranian characters." HOT DOC … The House Judiciary Democrats released their report supporting impeachment Tuesday evening. Read it here ALARMING IF TRUE — "Mikie Sherrill says Congress members gave 'reconnaissance' tours day before Capitol raid," The Bergen Record: "Rep. Mikie Sherrill, during a live webcast Tuesday evening, said she witnessed some members of Congress leading people through the Capitol on Jan. 5 in what she termed a 'reconnaissance for the next day.'" — "Rep. Alexandria Ocasio-Cortez Said She Thought She 'Was Going To Die' During A 'Very Close Encounter' When The Capitol Was Stormed," BuzzFeed: "Ocasio-Cortez did not provide many details about what happened to her on Jan. 6, saying she was not certain if she could 'disclose the full details' given security issues. But she called the encounter 'traumatizing,' saying, 'I did not know if I was going to make it to the end of that day alive.'" PREP FOR THE NEXT BIG WORRY … WAPO: "Secret Service launches massive security operation to protect Biden inauguration": "On Wednesday, the Secret Service will take command of security preparations at the U.S. Capitol and other federal buildings, backed by as many as 15,000 National Guard troops, thousands of police and tactical officers, and layers of eight-foot steel fencing. "The high-alert security posture is starting six days earlier than planned to coordinate roles for the FBI, National Guard, U.S. marshals and a host of federal agencies that will fall under Secret Service command." — "Top lawmakers alarmed by torrent of new threats," by Sarah Ferris and Marianne LeVine … "National Guardsmen protecting Capitol now armed with lethal weapons," by Lara Seligman … AND FALLOUT FROM THE LAST ONE: "FBI report warned of 'war' at Capitol, contradicting claims there was no indication of looming violence," WaPo WHAT DOJ IS COOKING UP — "DOJ probing sedition in connection with Capitol riot," by Josh Gerstein and Kyle Cheney: "A Justice Department 'strike force' is seeking to assemble a sedition case against some of those involved in last week's riot at the Capitol, which is now being treated as a massive crime scene, a top prosecutor said Tuesday. "The acting U.S. attorney in Washington, Michael Sherwin, said a team of his colleagues was examining whether to file those serious charges, which carry a potential penalty of up to 20 years in prison." BIG BLOW FOR THE OBJECTORS — STAT'S @levfacher: "Wow: @PhRMA — which gives a *ton* of lawmakers campaign $$, especially Republicans — says it's pausing political contributions to lawmakers 'who voted to reject the outcome of the election.' If it lasts, this is a very big deal." DATA DON'T LIE — "Parler Users Breached Deep Inside U.S. Capitol Building, GPS Data Shows," Gizmodo: "The data, obtained by a computer hacker through legal means ahead of Parler's shutdown on Monday, offers a bird's eye view of its users swarming the Capitol grounds after receiving encouragement from President Trump — and during a violent breach that sent lawmakers and Capitol Hill visitors scrambling amid gunshots and calls for their death. "GPS coordinates taken from 618 Parler videos analyzed by Gizmodo has already been sought after by FBI as part of a sweeping nationwide search for potential suspects, at least 20 of whom are already in custody." TAKE IT FROM SOMEONE WHO KNOWS — REP. STEVE SCALISE (R-La.), the House minority whip, in the WSJ: "Politics Has No Place for Violence" | | | |   | | | KNOWING THE INSURRECTIONISTS — "Olympic gold medalist Klete Keller in U.S. Capitol during clashes, video shows," SwimSwam LATEST FROM BIG TECH — "YouTube suspends Trump for at least a week," by Cristiano Lima … "Facebook bans Stop the Steal organizer Ali Alexander," by Daniel Lippman COMING ATTRACTIONS — "Biden, Democrats plot 'aggressive' pandemic response — without the GOP," by Alice Miranda Ollstein, Megan Cassella and Caitlin Emma: "Key Senate offices are coalescing around a plan to pass another round of coronavirus legislation soon after Biden takes office using a process called reconciliation, which would allow them to move forward without any Republican support." Caitlin's interview with Bernie Sanders on his big plans THE BIDEN CABINET — "Biden to Appoint Acting Agency Heads Due to Transition Delays," WSJ: "Mr. Biden's transition team said career officials would be put in place at most cabinet departments and in some subcabinet agencies following his inauguration next week. The move will enable Mr. Biden to prevent any of President Trump's political appointees from staying at the helm of cabinet agencies past Jan. 20." — "Gary Gensler is Biden's likely pick to lead SEC," by Zachary Warmbrodt and Tyler Pager: "While Gensler spent his early career rising to the rank of partner at Goldman Sachs, he became best known for imposing sweeping rules on banks as the chair of the Commodity Futures Trading Commission after the 2008 financial crisis." BIDEN CAMPAIGN REVS UP … FOR 2022 — "Inside Joe Biden's plan to avoid a midterm 'shellacking,'" by Natasha Korecki and Chris Cadelago: "History isn't on his side. Allies are concerned about his political strategy. And the party is worried about fundraising in an era where Donald Trump is not on the ballot. In preparation for the 2022 midterms, the president-elect is fusing his political operation with the Democratic National Committee. "He is also considering sending a top communications staffer — among those discussed are top campaign spokespeople Andrew Bates and T.J. Ducklo — to the DNC for the next several months as an embed before that person heads to the White House themselves. … Biden is also empowering his former campaign manager, Jen O'Malley Dillon, with his political portfolio in and out of the White House. Dillon, herself a former top national party staffer, is steering DNC meetings in the run-up to the election of a new chair and officers later this month." INFIGHTING TO THE BITTER END — "FDA fights for independence in Trump administration's final days," by Sarah Owermohle and Adam Cancryn CLIMATE FILES — "Trump's EPA launches surprise attack on Biden's climate rules," by Alex Guillén: "In a surprise move, the Environmental Protection Agency on Wednesday will unveil a climate rule that will effectively prohibit the future regulation of greenhouse gases from any stationary industry other than power plants. … The new regulation could hamstring much of [Biden's] agenda, for example by prohibiting Biden's EPA from setting carbon limits on oil and gas wells or refineries." CORONAVIRUS RAGING … The U.S. on Tuesday reported 4,056 new Covid-19 deaths — pushing the seven-day average to an all-time high — and 214,000 new coronavirus cases. — "Trump's abrupt shift on Covid shots may sow more chaos," by Alice Miranda Ollstein and Rachel Roubein: "Trump administration health officials blindsided states on Tuesday with an abrupt and dramatic shift in how they'll distribute coronavirus vaccines that may set up new hurdles for the Biden transition team. "The administration plans to punish states that don't move fast enough on vaccinations or that fail to provide the government real-time reports on inoculations. … Those moves, however, won't fix the chaos and inequities that have marked the vaccine rollout so far." — "U.S. will require Covid testing for arriving international flights," by David Lim and Sam Mintz BEYOND THE BELTWAY — "Michigan plans to charge ex-Gov. Snyder in Flint water probe," Detroit News: "Former Michigan Gov. Rick Snyder, top aide Rich Baird and former health director Nick Lyon have been told they will face criminal charges resulting from Flint's water crisis … Up to 10 individuals, including members of Snyder's executive office, are set to be formally indicted as soon as Thursday." SCOTUS WATCH — "Supreme Court Halts Mail Delivery of Abortion-Inducing Pills," Bloomberg: "A divided U.S. Supreme Court reinstated a requirement that women visit a medical facility to obtain abortion-inducing pills, granting a Trump administration request to end the mail deliveries a judge had allowed during the pandemic. "The order marks a shift for a court that let mail deliveries continue temporarily in October. That was before Justice Amy Coney Barrett joined the court and strengthened its conservative majority." — "Kansan Lisa Montgomery is first woman executed by federal government in 67 years," Kansas City Star: "[L]ate Tuesday night, the U.S. Supreme Court cleared the way for the Justice Department to kill Montgomery. Several courts had issued injunctions, but they were all later lifted by appeals courts or the Supreme Court." WEDNESDAY LISTEN — In a world turned upside down by Covid-19 and tech disruption, the rules for how to prepare for or switch careers are changing. Concepts like reskilling and upskilling are on the rise. In the latest episode of POLITICO's "Global Translations" podcast, hosts Ryan Heath and Luiza Savage talk to people on both sides of the new job training game. Listen and subscribe BOOK CLUB — Father and son Stephen Kendrick and Paul Kendrick, an Obama White House alum, have a new book out today, "Nine Days: The Race to Save Martin Luther King's Life and Win the 1960 Election" ($28 ). Farrar, Straus and Giroux is publishing the book, which "documents the overlooked story of young Dr. Martin Luther King's perilous first imprisonment and … how a trio of civil rights advisors on John Kennedy's campaign risked the razor-close election against Nixon to get King out of prison." TRUMP'S WEDNESDAY — The president and Pence have nothing on their public schedules. — Biden and Harris will receive the President's Daily Brief and meet with transition advisers. Harris will then take part in a virtual finance event for the Presidential Inaugural Committee. | | | | HAPPENING THURSDAY - THE COVID-19 VACCINE ROLLOUT: What are the logistical challenges facing the coronavirus immunization campaign? Who is overseeing the process and working to overcome obstacles to ensure that vulnerable groups have access to the vaccine? Join POLITICO for a virtual discussion on the outgoing Trump administration's plan to prioritize lower-income, rural, and communities of color for vaccine distribution and what the Biden administration can do to streamline plans and fill in any gaps. REGISTER HERE. | | | | | | | PLAYBOOKERS | | Send tips to Eli Okun and Garrett Ross at politicoplaybook@politico.com. MEDIAWATCH — Chalkbeat is extending its pop-up newsroom, Votebeat, through the 2022 election, and Jessica Huseman is joining as editorial director. She previously was the lead reporter for ProPublica's Electionland project the last few cycles. — Natalie Cucchiara is now SVP of comms at Marathon Strategies. She previously spent more than a decade working alongside NBC's Chuck Todd as a longtime producer. WHITE HOUSE DEPARTURE LOUNGE — Chad Yelinski is now chief of staff for Rep. Ted Budd (R-N.C.). He previously was special assistant to the president for domestic policy. … Claire Nance is now comms director for Rep. Bruce Westerman (R-Ark.). She previously was government comms adviser at the White House. TRANSITIONS — Mary Claire Couch is joining Heritage Action as director of development and strategic partnerships. She most recently was deputy finance director for Team Scalise. … Lucia Alonzo and Mike Dankler will join Michael Best Strategies as principals. Alonzo most recently was chief of staff for Ferox Strategies. Dankler most recently was chief of staff for Rep. Jackie Walorski (R-Ind.). … Josef Skoldeberg is now head of government affairs at APR Energy. He previously was senior manager of global government affairs at General Electric. … … Randall Rutta will be CEO of the National Health Council. He has most recently been president and CEO of the American Autoimmune Related Diseases Association. … Robert Blaine will join the National League of Cities as a senior executive and director of the Institute for Youth, Education and Families. He currently is chief administrative officer for Jackson, Miss., Mayor Chokwe Lumumba. … Former Rep. Bradley Byrne (R-Ala.) has rejoined the firm Adams and Reese in Mobile, Ala., as special counsel. BIRTHDAY OF THE DAY: Rich Gold, leader of Holland & Knight's public policy and regulation group. A fun fact about him: "I am the only lobbyist in the city with over 200 Grateful Dead shows under his belt who also has an encyclopedic knowledge of the biology and behavior of great white sharks." Playbook Q&A BIRTHDAYS: Andrew Yang … Rep. Thomas Massie (R-Ky.) is 5-0 … Tim Noah … Marc Thiessen is 54 … Julia Tishman … Natasha McKenzie … Nick Butterfield, deputy assistant to the president and deputy WH policy coordinator … Nate Silver … Andrew Riddaugh of the WH advance office … Jason Chung, U.S. director of the Asian Development Bank … Tali Stein Elleithee … National Journal's Mini Racker … Fox News' Christina Robbins … Britt Bepler, COO of Monument Advocacy … Ali Tulbah … FEMA's John Allen … Abigail Seldin … Joseph Rodota, California political consultant and writer … Mike McMearty … Nora Walsh-DeVries, deputy COS and district director for Rep. Katie Porter (D-Calif.) (h/t mom Joan Walsh) … Andrew Kossack, state director for Sen. Todd Young (R-Ind.) … Dick Sheffield … Ryan Murphy of the L.A. Times … Ginger Zee … Mary Podesta (h/t Jon Haber) … Kristina Schake … Deloitte's Mollie Bowman … … Rod Rosenstein, partner at King & Spalding, is 56 … Jessica Post … Chris Taylor … Lisa Caputo … Anna Lidman … Sally Pederson … Dave O'Brien … David Rosen … Michelle Kleppe-Wellde (h/ts Teresa Vilmain) … POLITICO's Alexandra Velde … Chandra Hardy … Antony Phillipson, the U.K.'s consul-general in New York and Her Majesty's trade commissioner to North America … Ken Pollack is 55 … Rebecca Cathcart … Sara Horowitz … Phil Perry, VP of Asana Creative Strategy (h/t Courtney Sieloff) … Jordan Bell is 22 … Maria Gavrilovic … Will Baskin-Gerwitz … Sam Cohen … Allan Rivlin … John Cole … Michelle Mowery Johnson … Mia Walton … Liz Swiker … Laurence Wildgoose … Katie Murtha … New England Center for Investigative Reporting/WGBH's Paul Singer … Robin Bravender … Liana Guerra … Carly Freedman … Heidi Krizer Daroff … BGR's Kristin Strobel … Max Sanders … Rashid Dar … Ian Gilley … Vincent Pan … Monica Notzon | | A message from the American Petroleum Institute: Reducing emissions and providing affordable, reliable energy shouldn't be a choice. We can and must do both. Today, America is leading the world in CO2 emission reductions. As we look toward tomorrow and the future, America's natural gas and oil companies are working with the country's brightest minds and organizations to continue that progress while reliably delivering essential energy. Join us to create real, lasting progress – together. | | | | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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