House transfers article of impeachment to Senate

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House transfers article of impeachment to Senate

FOX News congressional correspondent Chad Pergram joins 'Special Report' with the latest.

This is a rush transcript from "Special Report" January 25, 2021. This copy may not be in its final form and may be updated.

BRET BAIER, FOX NEWS ANCHOR (on camera): Hi, Juan. Well done, Jesse. Good
evening. Welcome to Washington. I'm Bret Baier.

Breaking tonight, in just under an hour, the article of impeachment against
former President Trump will officially be handed over to the U.S. Senate.
In a few minutes, I'll speak live to Senator Tom Cotton about how the trial
could play out there.

President Biden meantime focusing on the coronavirus, saying anyone who
wants a vaccine in the U.S. should be able to get one sometime this spring.
The President is adjusting his goal on how many people should be getting
the shots during his first 100 days.

The president spoke to reporters this afternoon, including our own White
House Correspondent Peter Doocy who's live on the North Lawn with the
latest. Good evening, Peter.

PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT (on camera): Good evening,
Bret. This was the first opportunity we've had to ask President Biden
questions in a formal setting. And even though Fox wasn't called on
initially by a staffer standing off stage with a list of reporters, right
after the President spoke about a goal of a million vaccines a day. I got
his attention.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Wait, I know he always asked me
tough questions. They always has a niche too, but I like him anyway, so go
ahead (INAUDIBLE) ask the question.

DOOCY: Thank you, Mr. President. So, you just have a -- you think within
three weeks or so, we'll be at the point where there are a million vaccines
per day? But it seems like --

BIDEN: No, I think we'll get there before that. I said, I hope -- I
misspoke. I hope we'll be able to increase as we go along 'til we get to
the million five a day. That's my ex -- my hope.

DOOCY (voice over): Republicans had already been pointing out a million
shots a day is a low bar.

SEN. MITCH MCCONNELL (R-KY): That's not a big, new goal. It's exactly what
they inherited from the Trump administration and Operation Warp Speed.

DOOCY: So, President Biden is raising his goal for the first 100 days.

BIDEN: I think with the grace of God and the goodwill of the neighbor and
the creek not rising as the old saying goes, I think we may be able to get
that to 150 -- 1.5 million a day.

DOOCY: COVID-19 related travel restrictions Trump tried to lift on flyers
from the E.U., Brazil and the U.K. are back. And the president also signed
executive orders for the feds to buy American.

BIDEN: We'll buy American products and support American jobs, union jobs.

DOOCY: And to reverse the military's ban on transgender servicemembers.

BIDEN: What I'm doing is enabling all qualified American to serve their
country in uniform. And essentially, restoring the situation that used to
be before, wheretransgender personnel -- if qualified in every other way
can serve their government in the United States military.

DOOCY: The commander-in-chief is OK letting Congress lead the way on
impeachment.

If the whole point of impeaching somebody is basically to get rid of them
and Trump has already gone, would President Biden support maybe the Senate
censuring him just so that lawmakers can move on with the people's
business?

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: The president is -- was in the
Senate for 36 years as you all know, he is no longer in the Senate. And he
will leave it up to members of the Senate, Democrats and Republicans to
determine how they will hold the former president accountable.

DOOCY: And the White House remains confident partisan tensions in Congress
may give way to unity.

BIDEN: We're going to argue like hell. I'm confident, believe me, I know
that, I've been there. But I think we can do it in a way that we can get
things done for the American people.

DOOCY: But with agenda item number one, the new president is asking for
patience.

Now that you're president, and you're saying there's nothing we can do to
change the trajectory of the pandemic in the next several months. What
happened to two months ago when you were talking declaratively about I am
going to shut down the virus?

BIDEN: Well, I'm going to shut down the virus but not -- I never said I'd
do it in two months. I said it took a long time to get here. It's going to
take a long time to beat it.

(END VIDEO CLIP)

DOOCY (on camera): And because of confusion this White House is blaming on
the Trump administration, nobody here has been able to tell us yet how much
vaccine inventory there is.

But the president says he thinks that anybody who wants a COVID-19 vaccine
should be able to get it by the spring, Bret.

BAIER: Peter Doocy live in the North Lawn. Peter, thank you.

We are less than an hour away from the expected transmission of the loan
article of impeachment against former President Trump from the House to the
Senate as you look live there. This begins the historic first trial of a
president no longer in office.

Chief Congressional Correspondent Mike Emanuel tells us where things stand
tonight.

(BEGIN VIDEO CLIP)

MIKE EMANUEL, FOX NEWS CHANNEL CHIEF CONGRESSIONAL CORRESPONDENT (voice
over): The initial two weeks scheduled for the article of impeachment
accusing former President Trump of incitement of insurrection is underway.
While the trial will not start until February 9th, Tuesday senators will be
sworn in as jurors. 17 GOP defections are needed to join with Democrats in
order to convict.

Some Senate Republicans are already arguing the trial is unconstitutional
since President Trump has left office.

SEN. MARCO RUBIO (R-FL): This is going to be really bad for the country.
It's also just going to stir it up even more and make it even harder to get
things done moving forward.

EMANUEL: On the upcoming impeachment trial, Senator Marco Rubio has called
it stupid. How do you respond, sir?

SEN. BEN CARDIN (D-MD): It's our responsibility to conduct a fair trial. I
think all of us are going to be potential jurors, recognize the seriousness
of our responsibilities. We also know the seriousness of what happened on
January the sixth.

EMANUEL: Chief Justice John Roberts will not preside instead it will be
Senate president pro tempore Patrick Leahy who's pledging to administer the
trial with fairness.

UNIDENTIFIED MALE: Without objections ordered.

EMANUEL: But having a Democrat senator in charge likely adds to the
argument from Republicans that this is not a legitimate process and could
keep down GOP defections. The new Senate Majority Leader insists this trial
is necessary.

SEN. CHUCK SCHUMER (D-NY): It makes no sense whatsoever that a president or
any official could commit a heinous crime against our country and then
defeat Congress's impeachment powers by simply resigning.

EMANUEL: Among the concerns the threat of another attack on the Capitol
during the trial. Up to 7,000 National Guardsmen are expected to stay in
Washington through mid March due to potential threats despite no violence
on Inauguration Day.

Nearly 200 who are here to protect the peaceful transfer of power have now
tested positive for COVID.

(END VIDEO CLIP)

EMANUEL (on camera): We are expecting action later this hour to see the
House impeachment managers walk that article of impeachment over to the
Senate chamber. They will present, exhibit and read it aloud starting this
whole process, Bret.

BAIER: And we'll follow it. Thanks, Mike.

EMANUEL: You bet.

BAIER: Twitter is unveiling what it calls a new community driven approach
to misleading information on its platform. The so-called "Birdwatch" allows
users to add notes to tweets they believe are false. Twitter says it's an
attempt to add context for other users. The pilot program was launched
today.

Allies of a jailed Russian opposition figure are calling for new protests
next weekend following sometimes violent encounters with authorities
Saturday in more than 100 cities in Russia. Russian officials detained more
than 3,700 demonstrators seeking freedom for Alexei Navalny.

State Department Correspondent Rich Edson has the latest tonight on how the
Biden administration is reacting.

(BEGIN VIDEO CLIP)

RICH EDSON, FOX NEWS CHANNEL CORRESPONDENT (voice over): Moscow, protesters
this weekend confront police in riot gear demanding the Russian government
release Alexei Navalny, an activist and antagonist of President Vladimir
Putin. And only days into a new administration, the U.S. is condemning the
Russian government.

BIDEN: We are very concerned about their behavior, whether it's Navalny,
whether it's the SolarWinds or whether it's reports of bounties on the
heads of Americans in Afghanistan.

EDSON: The White House says it's requested an intelligence review of that
behavior. And is also calling on the Russian government to release Navalny
and the thousands arrested for peacefully protesting for his release.

Though the Biden administration also quickly agreed to extend the final
nuclear arms treaty between the two countries, citing its limits on
weapons.

MICHAEL MCPAUL, FORMER U.S. AMBASSADOR TO RUSSIA: Remember, Ronald Reagan
used to say trust but verify. I say, don't trust, only verify. And the New
START Treaty allows us to do this. I think it should -- I think it's the
right decision by the new Biden team to extend it.

EDSON: The top Republican on the Senate Foreign Relations Committee
criticized the five year extension of New START as too long. And as a
result, "We should expect the Russians to continue to expand and improve
their tactical nuclear weapons and exotic delivery systems.

(END VIDEO CLIP)

EDSON (on camera): The Russian government is forecasting a continued poor
relationship with the United States. The Deputy Foreign Minister Sergei
Ryabkov tells a Russian outlet that officials there don't expect anything
good for the new administration, accusing American counterparts of building
their careers, slinging mud at Russia, Bret.

BAIER: Rich, thank you. Let's talk about Russia and impeachment, other
topics tonight with Arkansas Senator Tom Cotton. Senator, thanks for being
here.

SEN. TOM COTTON (R-AR) (on camera): Thanks for having me on, Bret.

BAIER: I want to start with that last piece about Russia. You put out a
statement on Thursday saying President Biden is giving a gift to Vladimir
Putin by unconditionally extending the New START Treaty. After four years
of unfounded hysterical attacks on President Trump and chest thumping about
Russia, it appears that President Biden and the Democrats have immediately
reverted to their old weak dovish ways.

He is calling on Russia to release Navalny, among other things, you're
saying this is not good enough as far as Russia policy.

COTTON: Well, Bret, words are nice, and Russia should release Mr. Navalny.
But the number one priority for Vladimir Putin was a unconditional
extension of the New START Treaty because that treaty favors Russia.

It does not cover the vast arsenal of tactical nuclear weapons that Russia
has, or some of its novel delivery systems like undersea delivery systems
or nuclear-powered cruise missiles and hypersonic glide vehicles. That's
why Vladimir Putin wanted it extended without condition.

It's also a bilateral treaty at a time when China's growing nuclear arms
threatened to overmatch the United States when combined with Russia and
their nuclear arms. I don't understand why Joe Biden would have given
Vladimir Putin exactly what he wanted on his first full day in office
without demanding significant concessions in return.

BAIER: So, you're saying he's soft on Russia?

COTTON: Well, again, the Democrats have a long history going back to the
Cold War in the Soviet incarnation of Russia of being very dovish when it
comes to dealing with Moscow.

Now, for four years, they beat their chests like Jack Ryan and other cold
warriors, as if they were the only ones who would stand up to Vladimir
Putin. When in fact, the Trump administration had a much tougher line on
Russia than previous administrations of both parties.

Now, Joe Biden comes into office and the very first thing he does is grant
a unconditional extension of a one sided arms treaty. It's very
disappointing, and it will endanger our national security in the long run.

BAIER: Senator, let's talk about impeachment. The Article of Impeachment
will be walked over to your side of the Capitol tonight, and then it starts
February 8th. Your thoughts about where things stand and what should be
happening?

COTTON: Well, Bret, you're right that House managers will present the
article impeachment tonight, senators will be sworn in tomorrow and then
we'll take a brief pause for a couple of weeks where the president's legal
team can prepare his defense, something they were denied in the House, a
chance for a fair hearing and due process.

I don't think this trial though is within the Senate's constitutional
authority. The impeachment power is designed to convict and remove
officeholders from office. The Constitution explicitly says it applies to
the president, the vice president and civil officers.

Now, Donald Trump is none of those. He is a private citizen. And I think
most Americans are going to think by the middle of February is very strange
that the Senate is spending its time trying to convict and remove from
office a man who left office almost a month ago. There are many other
pressing priorities on which we could be focused.

BAIER: How many Republicans do you think at the end of this will vote to
convict?

COTTON: Bret, I can't speak for my fellow Republicans. But I can say that
more and more have told me as they've studied the matter, they've come
around to my view of things as I announced the day the House impeached the
president, is that this is beyond the constitutional authority of the
Senate to conduct a trial, to convict him removed from office, a man who
left office last week.

BAIER: You know, the man who left office did tweet about you and suggested
a number of people would get primaried coming up if they didn't stand with
the president in this impeachment mess.

He tweeted out on January 4th before the incidents on January 6th,
mentioning you in particular. What do you think about the political power
of now former President Trump?

COTTON: Well, Bret, I declined to try to overturn the results of the
presidential election when Congress met to count electoral votes on January
6th, for the same reason I don't think Congress should proceed with this
impeachment trial. I am standing up to the Constitution, fidelity to the
Constitution has to be our lodestar at all times.

And just like it's beyond Congress's power to resort -- reverse the results
of the electoral college, it's beyond their power to proceed with an
impeachment proceeding after the impeach official has left office.

I don't think so much about the politics of this question as faithfulness
to the Constitution.

BAIER: Yes, but I'm asking you a political question as far as the power of
-- the political power of Donald Trump and possibly even Trump supporters
and how much that factors into your party going forward?

COTTON: Well, the president is still very popular with Republicans across
the country. And he has said he wants to stay engaged in politics as the
former president.

I would say, though, that if you try to do the right thing, and especially
if you try to uphold the Constitution, the chips will usually fall in the
right way when it comes to the politics.

BAIER: But January 6th, you've spoken out about that and what happened. Did
you believe the president -- President Trump incited that mob?

COTTON: Bret, the president called forth a crowd on January 6th, and for
many weeks, he had been saying that there is some chance to reverse the
results of the election and extend him a second term, that simply wasn't
going to happen.

Now, the main people who are responsible for the mob that attacked the
Capitol were the violent members of that mob who are facing significant
jail time now and arrest are ongoing. Those are the main people who are
responsible for the violence that we had at the Capitol.

BAIER: Senator, I just have a few seconds left but I do want to try to give
you an opportunity to straighten something out.

Were you straightforward with voters about your military service? You're a
decorated veteran, but there is a story -- a couple of stories popping up
about you saying that you were an Army Ranger.

COTTON: Yes, thanks, Bret. I graduated from the Ranger School, I wear the
Ranger Tab, and combat with the 101st Airborne in Iraq. This is not about
my military record; this is about my politics.

Ranger regiment legends like General Scottie Miller (PH) or General Craig
Nixon had used the term to describe both alumni of the Ranger Regiment and
graduates of the Ranger School, as to the secretary of the Army, as it most
to my buddies in the Army. As did most of the liberal media until a
conservative veteran was using the term in that way.

But if some people disagree, that's fine. I respect their views, but what's
most important, I respect the service of all Rangers, and indeed, all
soldiers who volunteered to serve our country.

BAIER: Well, thank you for your service, and I want to give you a chance to
clear that up. Senator, thanks for the time.

COTTON: Thank you, Bret.

BAIER: Still ahead, why teachers in one major school district are defying
plans to re-open schools. Plus --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: God! Oh, my God!

(END VIDEO CLIP)

BAIER: Violence on the streets in Washington State. We'll tell you what
prompted the outburst, and what's happened so far.

(COMMERCIAL BREAK)

BAIER: The justice department's inspector general is investigating whether
any former or current department officials trying to overturn the results
of the 2020 presidential election.

The New York Times reports a former assistant attorney general discussed
the plan with then-President Trump to oust the acting attorney general and
challenge the vote count by alleging mass fraud. Former Attorney General
William Barr and election officials across the country have said there was
no widespread election fraud.

Several individuals charged in connection with the Capitol riot were in
court today. Riley Williams was accused of stealing a laptop belonging to
House Speaker Nancy Pelosi was released into her mother's care. A justice
department prosecutor says Williams has been trying to cover her digital
tracks by deleting accounts and asking other people to do the same.

Aaron Mostofsky was seen wearing a fur costume has been told to stay away
from Washington, next step -- except for court appearances. He was also
told to not to possess any firearms. Mostofsky is the son of a Brooklyn
Supreme Court judge. Similar orders were given to Kevin and Hunter Seefried
upon their release.

It could be another rough night in Tacoma, Washington as anti-police
demonstrations have morphed into dangerous violence. Correspondent Dan
Springer shows us tonight from Seattle. It continues a month-long pattern
of unrest in the North West.

(BEGIN VIDEO CLIP)

DAN SPRINGER, FOX NEWS CHANNEL CORRESPONDENT (voice over): Police in
Tacoma, Washington tonight are bracing for more violence in the wake of a
shocking incident over the weekend.

Responding to a crowded street racers, a police officer was surrounded with
people pounding on his patrol car.

UNIDENTIFIED MALE: Oh, my God! Oh, my God! Oh, my God! Oh, my God! Oh, my
God!

SPRINGER: After inching forward, he hit the gas and ran over at least one
person.

UNIDENTIFIED MALE: He never one time told people to get out the way. People
just approach the car, started yelling.

SPRINGER: In a statement, Tacoma police said the officer feared for his
safety, "The officer had his lights and sirens activated. While trying to
extricate himself from an unsafe position, the officer drove forward."

Last night, dozens of anarchists responded. Setting a fire, breaking
windows, forcing the evacuation of the 911 call center, police arrested two
people wearing tactical gear armed with a gun, knives, and batons.

UNIDENTIFIED MALE: Get back

UNIDENTIFIED MALE: Get back

UNIDENTIFIED MALE: Get back

UNIDENTIFIED MALE: Get back

UNIDENTIFIED MALE: Get back up.

SPRINGER: In Portland, protesters again targeted the ice facility. Federal
officers fired tear gas and flashbangs. And in Seattle, last week's
Inauguration Day riot prompted the police chief to change course.

ADRIAN DIAZ, INTERIM POLICE CHIEF, SEATTLE POLICE: We will make arrests, we
will seek to prosecute those cases, and making sure that they're held
accountable.

SPRINGER: But the city's attorney's office says there is no new policy on
rioters. And while the mayor and city council members have not condemned
the violence, the White House press secretary made it clear President Biden
does.

PSAKI: Smashing windows is not protesting and neither is looting. And
actions like these are totally unacceptable, and anyone who committed a
crime should be prosecuted to the fullest extent.

(END VIDEO CLIP)

SPRINGER (on camera): One person remains hospitalized with non-life-
threatening injuries from the incident in Tacoma. The officer involved is
on paid leave while his use of force is investigated.

So far at least, the streets in the Pacific Northwest are just as volatile
as President Biden in the White House press. Bret.

BAIER: Dan, thank you. Stocks were mixed today. The Dow lost 37, the S&P
500 was up 14. The NASDAQ gained 92.

Up next, the fight over reopening schools heats up even as cities rolled
back coronavirus restrictions.

First, here is what some of our Fox affiliates around the country are
covering tonight. Fox 32 in Chicago as a major winter storm is expected to
blanket a large swath of the middle of the country with snow and disrupt
travel. Some areas could see more than a foot of snow.

The storm is predicted to stretch from central Kansas, northeast to
Chicago, and southern Michigan.

Fox 13 in Tampa as the city prepares for Super Bowl LV. It will be the
first in which one of the teams will actually play in its home stadium. The
Buccaneers essentially will host the Kansas City Chiefs, February 7th.

And this is a live look at Detroit from Fox Two. The big story there
tonight, someone in Michigan bought the winning ticket for the billion-
dollar Mega Millions jackpot. Saturday's prize is the third-largest lottery
sum in U. S. history. The winning ticket was purchased at a Kroger store in
the Detroit suburb of Novi.

That's tonight's live look "OUTSIDE THE BELTWAY" from SPECIAL REPORT. We'll
be right back.

(COMMERCIAL BREAK)

BAIER: Moderna says it is testing a possible booster dose of the
coronavirus vaccine against the strain discovered in South Africa. The
company says its current vaccine does protect against worrisome emerging
variants of the coronavirus, but it is doing the extra testing after
preliminary lab experiments suggested it shot produced a weaker immune
response to that new variant.

Moderna will also test to see if simply giving an extra dose of the
original vaccine could be helpful.

Even with the new variant of the coronavirus several states and localities
are easing restrictions on the residents. Correspondent Molly Line shows us
tonight from Boston.

(BEGIN VIDEO CLIP)

MOLLY LINE, FOX NEWS CHANNEL CORRESPONDENT (voice over): From coast to
coast, COVID restriction rollbacks are rolling out in many states as data
shows coronavirus case numbers diving since the record highs of early
January.

In Massachusetts, Republican Governor Charlie Baker cited downward trend in
hospitalizations, ending an overnight stay at home advisory for residents,
allowing restaurants and bars to, once again, stay open past 9:30 p.m.

GOV. CHARLIE BAKER (R-MA): After the surge of the holiday, and thanks to
the hard work of everybody here in the Commonwealth, the data seems to be
moving in the right direction.

LINE: It's a glimmer of hope for the chef-owner of Fox and the Knife in
Boston.

KAREN AKUNOWICZ, CHEF, FOX AND THE KNIFE: For us, having an additional
seating at the end of the day is fantastic. I'm not sure how effective kind
of having that curfew and cutting back an hour of service ever, ever wasn't
--

LINE: Blue state leaders insist they are basing their decisions to reopen
on data. Some conservatives question the timing, noting they come after
Donald Trump left office.

In California, Democrat Governor Gavin Newsom lifted the state's stay at
home order, allowing activities like outdoor dining to resume, noting a
return to a tiered framework that indicates what can open based on case
rates.

GOV. GAVIN NEWSOM, (D-CA):  We're seeing a flattening of the curve.
Everything that should up is up. Everything that should be down is down.
Case rates, positivity rates, hospitalizations, ICUs, testing starting to
go back up as well as vaccination rates in the state. But we are not out of
the woods.

LINE:  A return to school is proving even more elusive in many communities.
In the Las Vegas area, after a rise in student suicides, Clark County
school district leaders are now making plans to phase students back in to
in-person learning per a report for "The New York Times." But in Chicago,
teachers union members voted to refuse to go back into classrooms in
defiance of the city's reopening plan, upsetting some parents and students.

UNIDENTIFIED FEMALE:  A disruption of a strike for these vulnerable
children is traumatizing and will impact their education and mental health.

UNIDENTIFIED MALE:  I need a break from my mom.

(LAUGHTER)

UNIDENTIFIED MALE:  I just need to go back to school.

LINE:  When President Joe Biden was asked about the unions' actions, he
spoke broadly and back teachers.

JOE BIDEN, (D) PRESIDENT OF THE UNITED STATES:  So it's not so much about
the idea teachers aren't going to work. The teachers I know, they want to
work. They just want to work in a safe environment and as safe as you can
rationally make it.

(END VIDEO TAPE)

LINE:  Some states are prioritizing teachers and school staff to get to the
coronavirus vaccine, but that has not meant to swift throwing open of the
doors at schools. In Fairfax County, Virginia, were some parents are
infuriated that teachers are beginning to get the vaccine, and yet their
children remain on remote learning. Bret?

BRET BAIER, FOX NEWS ANCHOR:  Molly Line in Boston. Molly, thanks.

Up next, the panel on the first 100 days of the new administration, the
president's agenda, and the former president's impeachment trial.

First, Beyond Our Borders tonight. The prime minister in the Netherlands
condemns riots across the country this weekend in which demonstrators
attacked police in response to a nighttime curfew to slow the spread of the
coronavirus. Hundreds of people were detained. The Dutch prime minister
calls the protests criminal violence.

Chinese rescuers found the bodies of nine workers killed in explosions at a
goldmine. That raises the death toll to 10, 11 others were rescued a day
earlier after being trapped underground for two weeks. One person is still
missing there.

And the European Union is calling for a broad political talks in Venezuela
to set up new elections. The E.U. says it stands ready to slap sanctions on
more senior Venezuelan officials in the country if they undermine democracy
or take part in human rights violations.

Just some of the other stories Beyond Our Borders tonight. We'll be right
back.

(COMMERCIAL BREAK)

BAIER:  Breaking tonight just a few minutes ago, the U.S. Senate has voted
to confirm Janet Yellen as Treasury Secretary. She now becomes the first
woman to hold that position as Treasury Secretary. The vote moments ago, 84
to 15. Also getting word that Tony Blinken has made it out of committee,
and that vote for secretary of state will happen soon.

Let's bring in our panel, Harold Ford Jr. former Tennessee Congressman and
CEO of Empowerment Inclusion Capital, Mollie Hemingway, senior editor at
"The Federalist," and Byron York, chief political correspondent for the
"Washington Examiner." Take a listen to this about impeachment.

(BEGIN VIDEO CLIP)

SEN. MITT ROMNEY, (R-UT):  The president's conduct with regards to the
call, the secretary of state Raffensberger in Georgia, as well as the
incitation towards the insurrection that led to the attack on the Capitol
calls for a trial.

SEN. MARCO RUBIO, (R-FL):  I think the trial is stupid. I think it's
counterproductive. We already have a flaming fire in this country, and it's
like taking a bunch of gasoline and pouring it on top of the fire.

SEN. BEN CARDIN, (D-MD):  I think all of us who are going to be potential
jurors recognize the seriousness of our responsibilities. We also know the
seriousness of whatever happens on January the 6th.

(END VIDEO CLIP)

BAIER:  Again, that article of impeachment will be walked over, Mollie, in
just a few minutes this evening. What about this and how it plays
politically once this trial begins?

MOLLIE HEMINGWAY, SENIOR EDITOR, "THE FEDERALIST":  It makes sense why the
Democrats want to do this impeachment and trial. They're trying to separate
Republican elected officials for Republican voters. And this is a way that
they think will work to cleave the party.

It looks like it's not actually working. In the House, you had very few
Republicans fall for this stunt led by Nancy Pelosi and members of the
media, and in the Senate you definitely have people who are consumed with
dislike for the former president. But it has so many problems going into
this. We have where the chief justice is not going to bother sitting for
the trial. Of course, if it were a legitimate trial, he would have to sit
for it because the Constitution requires that an impeachment trial be
overseen by the chief justice if it's of the president. But it's not of the
president. It's of a private citizen.

And so you are having more and more members of the Senate say that they
just don't even see the constitutional basis for this. But it will be
something that the media and Democrats will definitely be pushing in the
days to come.

BAIER:  Harold, obviously, you saw the senators over the weekend, some of
them defending this process and the need for the trial. But in the big
picture getting the Biden agenda through obviously is where the
administration's focus is, does that hurt that effort?

HAROLD FORD JR. (D) FORMER TENNESSEE REPRESENTATIVE:  Thanks for having me
on, and good evening. I think that if these were prosecutors in a regular
courtroom, the prima facie case here is pretty indisputable and a lot of
the facts are overwhelming. But this is a political exercise, as you
rightly point out. And the question becomes, can you get 17 Republicans to
go along with you?

I think the larger question, and I don't necessarily disagree with some of
the political analysis Mollie's statement contained about the division this
may create. I don't know if Democrats are driving that. I think Mitt Romney
might be one of the big drivers as well. But I think the larger question
for the country, if you listen to the words of Mitch McConnell who went to
the Senate floor, his words will be memorialized forever. He said the
president of the United States fed a group of people, he called them a mob,
a bunch of lies, and incited them to riot.

I think the question becomes, do we follow Kevin McCarthy's words early on
who said perhaps a censure is necessary or appropriate, or do we not punish
the president at all, or do we go all the way to an impeachment? I don't
think the Senate will go all the way to an impeachment, or a conviction,
rather, but I do think the question remains for all of us as Americans --
should a president who is on his way out of office, or her office, we'll
say, one day, should they be allowed to get away with something like this?
My answer is an American is no. It will be curious to see how the House and
the Senate handle this over the next several days.

BAIER:  I guess what I'm asking, Byron, on the politics, is there a
backlash to even moving forward with this?

BRYON YORK, CHIEF POLITICAL CORRESPONDENT, "WASHINGTON EXAMINER":  What
we're seeing right now is the same old Trump divisions politically that we
saw all through the Trump years. We haven't had a lot of good polling on
this. A new Monmouth poll did come out today, and it shows Republicans and
Democrats with just a mirror image split. Only 11 percent of Republicans
want Trump to be convicted, and 85 percent want him to be acquitted. And
with Democrats, only 11 percent want him to be not convicted, and 87
percent want him to be convicted. And independent are split down the
middle. This is exactly the kind of division that we saw when Trump was
president.

And Senator Cotton said earlier that more and more Republicans were coming
around to his point of view, which is there's a huge procedural problem
with this impeachment in trying a former president. They just can't do
that. And I think you will see more Republicans embrace that. But also on
the substance of it, they will be more likely to say the people who are
most responsible for the Capitol riot where the rioters themselves, the
ones who broke in, who ransacked the capital, and they now are being
prosecuted.

BAIER:  More arrests happening every week. Panel, standby, if you would. Up
next, easing up on some of the coronavirus restrictions around the country. 

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DR. ROCHELLE WALENSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION:  I would
say one of the biggest problems right now is I can't tell you how much
vaccine we have, and if I can't tell it to you, then I can't tell it to the
governors, and I can't tell it to the state health officials. If they don't
know how much vaccine they're getting, not just this week but next week and
the week after, they can't plan.

JOE BIDEN, (D) PRESIDENT OF THE UNITED STATES:  I hope we'll be able to
increase as we go along until with get to the 1.5 million a day. That's my
hope. I'm going to shut down the virus, but I never said I would do it in
two months. I said it took a long time to get here. It's going to take a
long time to beat it. I feel confident that by summer we're going to well
on our way to heading toward herd immunity.

(END VIDEO CLIP)

BAIER:  President Biden on fighting the coronavirus as well as the head of
CDC. Back with the panel. Mollie, obviously the president as a candidate
spoke out about how the rollout was horrific, but now as president is
obviously taking in charge of this and getting criticism.

HEMINGWAY:  A little bit of criticism. He has said that much of his plan
would be like President Trump's plan, but he is trying to spin it as
something very different. I do think it's interesting to look at the
political rollout in the states as well and particularly California where
Governor Gavin Newsom had completely shut down the economy, really went
after children in their schools, shutting down businesses. And this was
part of a thing that a lot of Democratic governors had done. And now he is
facing a recall, more than a million people have signed a petition to
recall him. And all of a sudden he sounds like maybe he will be singing a
different tune.

This is just -- if you just take a step back here, we have a new president.
Yes, some people are lifting restrictions, but it's just incredible that we
are still at this level of lockdown even when the science doesn't support
this level of lockdown.

BAIER:  And the travel ban is going to be instituted for other countries as
well. Take a listen to the questions about that.

(BEGIN VIDEO CLIP)

PETER DOOCY, FOX NEWS CORRESPONDENT:  When President Trump was imposing
travel restrictions in March, specifically on China, then candidate Biden
called it xenophobic and fearmongering. So now President Biden is putting
travel restrictions on people coming in from other countries. What word do
we use to describe that?

JEN PSAKI, WHITE HOUSE PRESS SECRETARY:  He also, though, has supported,
and himself even before, or we did, I should say, even before he was
inaugurated. Steps, travel restrictions in order to keep the American
people safe, to ensure that we are getting the pandemic under control.

(END VIDEO CLIP)

BAIER:  President Biden saying Peter Doocy asks the tough questions, so he
is going to continue to do that. Harold, what about this kind of one thing
was called one thing, and now it's something different?

FORD:  Facts change, and circumstances change, which means your reactions
to them change. I'm always surprised when politicians say they've had the
same position for 40 years and expect to be applauded for that. Facts
should make you think differently. If the president is wrong about
something, you just admit it. I think this president knows, President
Biden, whom I supported, if he does not get his arms around vaccine
distribution, there is no doubt inherited a mess with regard to vaccine
distribution.

Disease and dysfunction defeated President Trump. What President Biden has
to understand, and I think he does fully, you have to get this distribution
right and you have to get the economy reopened. Gavin Newsom is facing
challenges in California because people believe he shouldn't have gone out
to a restaurant, and some other things that gathered around them. I think
he's right to be smart about the science and to follow it.

But Democrats need to understand one thing -- but for disease, and but for
dysfunction of this last president, Joe Biden would not have been elected.
I'm a Democrat and I can say that. We have to get these two things right.
It's only been five days, though. He's been in office for less than --
let's give him a chance. I think he is on the right path, and if he is not,
voters will say so in a few years.

BAIER:  Bryon?

YORK:  I think the president is trying to actually keep up with what's
going on with this disease right now. I say this with a lot of caution, but
the number of cases nationally has gone down fairly dramatically, down 33
percent in the last 14 days. And the number of deaths is a lagging
indicator of that, but it has begun to turn down five percent.

And I think what you're seeing here is Joe Biden trying to adjust from his
campaign rhetoric to governing rhetoric, saying today that may be a million
a day vaccinations won't work. It should be 1.5 million, that would be a
better number.

BAIER:  OK, panel, when we come back, the impeachment article against
former President Trump makes the walk from the House to the Senate, or at
least we think it will. Keep it here. 

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SEN. TOM COTTON, (R-AR):  I don't think this trial, though, is within the
Senate's constitutional authority. The impeachment power is designed to
convict and remove officeholders from office. The Constitution explicitly
says it applies to the president, the vice president, and civil officers.
Donald Trump is none of those. He is a private citizen, and I think most
Americans are going to think by the middle of February it's very strange
that the Senate is spending its time trying to convict and remove from
office a man who left office almost a month ago. There are many other
pressing priorities on which we could be focused.

(END VIDEO CLIP)

BAIER:  Senator Tom Cotton on this show as you look live there in the
Capitol. The article of impeachment will make its way over. House
impeachment managers literally taking the paperwork from one side of the
Capitol to the other.

Joining us now, Chad Pergram up on Capitol Hill. Chad, paint the picture
for us now.

CHAD PERGRAM, FOX NEWS PRODUCER:  What we will see are nine House
impeachment managers led by Jamie Raskin, the Democratic congressman from
suburban, Maryland. He is the lead impeachment manager or prosecutor this
time, escorting this sole Article of Impeachment across the capital from
the House side moving across Statuary Hall, the old House chamber, through
the Capitol Rotunda, past the office of the Senate Minority Leader Mitch
McConnell, and then to the Senate floor.

They will be led by Cheryl Johnson, who is the clerk of the House. She will
hold the Article of Impeachment in two blue folders. The will be escorted
by Timothy Blodgett. He is the acting House Sergeant at Arms. He replaces
Paul Irving, who was relieved of his duties after the melee at the Capitol
back on January 6th.

This is the second time that we've had this happen in 53 weeks. This has
only happened 21 times in American history where the House of
Representatives has impeached someone. Once they get to the House chamber,
Jennifer Hemingway, who is the acting Sergeant at Arms in the Senate, she
will tell all senators that they have to remain silent, quote, "on pain of
imprisonment," that's the actual language that is used, and they will then
read the Article of Impeachment to the Senate.

Something else that's different, Patrick Leahy, the President Pro Tem of
the Senate, the most senior member of the majority party, he will be the
person overseeing this trial. John Roberts, the chief justice of the United
States, will not preside here. And this is what Patrick Leahy said earlier
today, quote, "The President Pro Tem has historically presided over
impeachment trials of non-presidents." The next thing we will see is
tomorrow they will swear in the senators as jurors. And then they take
about two weeks for both sides to get their legal briefs together. And
starting on February 9th, that's when the Senate trial begins in earnest.
Bret?

BAIER:  Chad, you talked to a lot of people up there. Does anybody think
that they could get 17 Republicans to vote to convict?

PERGRAM:  Certainly not right now, and this is something that Lindsey
Graham, the Republican senator from South Carolina, said just a few minutes
ago, quote, he says I guess it depends on what state you're in and what
phase your political career is in. There might be a handful on Republicans
on the Senate side who might vote to convict the president of the United
States, and they will take their lead, some will, from Mitch McConnell, the
Senate minority leader.

Again, the other thing that you have to watch here for is if they were to
convict, Chuck Schumer, the new majority leader, says they would take a
second vote to permanently bar President Trump from ever taking office.
That's a separate resolution. Keep in mind, they don't have to do that.
They did not do that in 1989 with an impeachment trial for Alcee Hastings
who was a federal judge. And that's why Alcee Hastings has been Congressman
Alcee Hastings since 1993.

BAIER:  And is there a feeling, Chad, that Mitch McConnell's stance on
this, and we should look at this, we are under two minutes now for the
walkover, that Mitch McConnell's stance is somehow as a result of losing
control of the Senate?

PERGRAM:  It's a combination of things. There's no love loss between Mitch
McConnell and President Trump. Mitch McConnell seems to blame the president
as to why they lost control of the Senate. He is now the minority leader.
There's a reason why it's 50-50 right now. Plus Mitch McConnell is an
institutionalist. He was very bothered, and that might be a light term
here, about what happened on January 6th where you had this attack on the
U.S. Capitol.

BAIER:  That's right. Chad, as always, thank you. We'll again see that walk
momentarily.

Thank you for inviting us into your home tonight. That's it for this
SPECIAL REPORT, fair, balanced, and unafraid, as they get ready to move.
FOX NEWS PRIMETIME hosted by Maria Bartiromo starts right now. Hey, Maria.

END

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