This is a rush transcript from "Special Report," January 23, 2020. This copy may not be in its final form and may be updated.

ATIE PAVLICH, FOX NEWS CHANNEL HOST: So, what this group does? It's a community-based program like the Boy Scouts that gives young people who want to be law enforcement officers, the ability to do so as teenagers. And then --


DANA PERINO, FOX NEWS CHANNEL HOST: Cool. Those are good guys. Good job, everybody.

JESSE WATTERS, FOX NEWS CHANNEL HOST: Well, vertical assault. Sounds like something you do, Greg.

GREG GUTFELD, FOX NEWS CHANNEL HOST: No, I don't know what that mean.

WATTERS: Set your DVRs, never missed an episode of THE FIVE. "SPECIAL REPORT" is up next with Bret.

BRET BAIER, FOX NEWS CHANNEL ANCHOR: I like the dancing on the doorstep. All right, thanks, Jesse. Good evening. Welcome to Washington. I'm Bret Baier. Breaking tonight, House impeachment manager, say President Trump should be removed from office now, right now. They are making their case at this hour to senators tonight. They insist President Trump abused the power of his office by withholding military aid to Ukraine in order to get an investigation of his main political opponent, and that the president obstructed Congress's investigation into that abuse of power. We are in the second day of the prosecution's three-day presentation. There you see Hakeem Jeffries on the Senate floor. We -- it's be -- it will be followed by 24 hours of defense rebuttal from the White House legal team. President Trump pretty restrained today after a record-breaking tweet storm about impeachment Wednesday. We have "FOX TEAM COVERAGE". Kristin Fisher's at the White House with a look at the president's defense strategy, but we begin with chief congressional correspondent Mike Emanuel and a wrap of today's prosecution case. Good evening, Mike.

MIKE EMANUEL, FOX NEWS CHIEF CONGRESSIONAL CORRESPONDENT: Bret, Good evening. Today's emphasis by House impeachment managers is making the case in great detail to all 100 senators that President Trump abused his power.


REP. JERROLD NADLER (D-NY): Impeachment is not a punishment for crimes. Impeachment exists to address threats to the political system.

EMANUEL: Judiciary Chairman Jerry Nadler, led off the impeachment managers' effort to convince senators, President Trump abused his power. And the Senate has the power to take action.

NADLER: The Constitution is not a suicide pact. It does not leave us stuck with presidents who abuse their power in unforeseen ways that threaten our security and democracy.

EMANUEL: Then, it was Congresswoman Sylvia Garcia, who argued President Trump abused his power because polling suggested Joe Biden was a threat in the upcoming election.

REP. SYLVIA GARCIA (D-TX): He pushed forward when it started to become clear that Vice President Biden could beat him.

EMANUEL: Lead impeachment manager Adam Schiff got a reaction out of senators from this line.

REP. ADAM SCHIFF (D-CA): Thank God, Putin says. Well, you got to give Donald Trump credit for this. He has made a religious man out of Vladimir Putin.

EMANUEL: Nadler's tone was milder today after hitting a nerve late night Tuesday when he said Republican senators voting against new witnesses and testimony were engaged in a cover-up. Alaska Republican Senator Lisa Murkowski told reporters, "I took it as very offensive. As one who is listening attentively and working hard to get to a fair process, I was offended." And she's critical to the Democrats goal of convincing for GOP moderates to vote with Democrats.

CHUCK SCHUMER (D-NY): I am more hopeful than ever that four conscientious brave Republicans will come forward and tell Mitch McConnell, you can't shut this down without witnesses. You can't shut this down without documents.

EMANUEL: And he is not alone.

SEN. MICHAEL BENNET (D-CO), PRESIDENTIAL CANDIDATE: I think that every senator up there that is representing the American people, not Donald Trump, but representing the American people should be making sure that they're more witnesses, not fewer.

EMANUEL: Leading Republicans are pushing back. They talk about overwhelming evidence. You wouldn't think they would need any more witnesses. Senate Judiciary Chairman Lindsey Graham, says the House impeachment managers deserve good marks.

SEN. LINDSEY GRAHAM (R-SC): I thought they did a good job of taking bits and pieces of the evidence and creating a quilt out of it. So, what I will tell my colleagues is the other side gets to talk and see if they can pull a thread here, and a pull of thread there, and see if it holds up.


EMANUEL: After going well into the evening talking about abuse of power, House Democrats are expected to focus tomorrow on the second article of impeachment, obstruction of Congress, Bret.

BAIER: Mike Emanuel, live on the Hill. Mike, thanks. President Trump, speaking to Republicans at their winter meeting in Florida at this hour. A look at what his defense team is preparing to do and say when they get their turn on the Senate floor after tomorrow. Correspondent Kristin Fisher is at the White House tonight.


KRISTIN FISHER, FOX NEWS CHANNEL CORRESPONDENT: President Trump's defense team is preparing to make the case that in order to be impeached, President Trump must have committed a crime.

JAY SEKULOW, CHIEF COUNSEL, AMERICAN CENTER FOR LAW AND JUSTICE: Now, we've got lawyers that can be put forward when this -- when our side of the case goes that represents multiple schools of thought on what is and is not an impeachable offense, but they have one thing in common that the actions allege and the actions of the president do not reach that level.

FISHER: It's an argument that has its roots. In former President Andrew Johnson's impeachment trial back in 1868. Now, Alan Dershowitz, says that the same argument will be central to the constitutional defense that he will make in the coming days on the president's behalf that abuse of power does not hit the high crimes and misdemeanor threshold.

ALAN DERSHOWITZ, PROFESSOR EMERITUS, HARVARD LAW SCHOOL: It's a political argument that's made by opponents against all presidents. So, abuse of power can never be a criteria for impeaching or removing a president.

FISHER: But today, House impeachment managers argued the exact opposite. And Chairman Jerry Nadler reminded senators that Dershowitz did too during Clinton's impeachment. Nadler also referenced a 2018 memo from Bill Barr, written before he became Attorney General in which he made the case that Congress could impeach presidents who abuse their power.

NADLER: Everyone except President Trump and his lawyers agree that president -- that presidents can be a peak -- impeached for abuse of power. The president's position amounts to nothing but self-serving constitutional nonsense.

FISHER: Even Jonathan Turley, the law professor who argued to the House against impeachment disagrees with the president's defense team on this argument. "While I believe that articles of impeachment are ideally based on well-defined criminal conduct, I do not believe that the criminal code is the effective limit or scope of possible impeachable offenses."

UNIDENTIFIED FEMALE: Mr. President, sir.

FISHER: President Trump chose not to speak when he left the White House this afternoon for Florida. But he said plenty over the last 48 hours on Twitter. Yesterday, the president broke his own record with 142 tweets in a single day. And today, he picked up right where he left off by calling his opponents the do-nothing Democrats and the impeachment trial, a witch hunt.

HOGAN GIDLEY, WHITE HOUSE PRINCIPAL DEPUTY PRESS SECRETARY: The president, though, has been very pleased with the way it's going. We're looking forward to the chance and we get to lay out our case. The attorneys are excited about that. And they're going to attack it on that front.


FISHER: Now, tomorrow, President Trump will become the first president in history to attend March for Life, the largest anti-abortion event in the world. And then on Saturday, the president's legal team will finally begin mounting their full defense from the Senate floor. Bret.

BAIER: Kristin Fisher, live in the North Lawn. Kristen, thank you. We are monitoring the Senate floor. Representative Hakeem Jeffries from New York has been arguing about Ukraine. And specifically, what was said about the Ukrainian president's efforts to meet with President Trump. We'll listen to him for a while to the Senate floor.


DANIEL GOLDMAN, DIRECTOR, HOUSE INTELLIGENCE COMMITTEE INVESTIGATIONS: And then you added that President Zelensky will do anything that you, meaning, President Trump, asked him to. Do you recall that?

GORDON SONDLAND, UNITED STATES AMBASSADOR TO THE EUROPEAN UNION: I probably said something to that effect because I remember the meeting -- the president -- or President Zelensky was very -- solicitous is not a good word. He was just very willing to work with the United States and was being very amicable. And so, putting it in Trump speak by saying he loves your ass, he'll do whatever you want, meant that he would really work with us on a whole host of issues.

GOLDMAN: He was not only willing, He was very eager, right?

SONDLAND: That's fair.

GOLDMAN: Because Ukraine depends on the United States as its most significant allied. Isn't that correct?

SONDLAND: One of its most, absolutely.

REP. HAKEEM JEFFRIES (D-NY): In other words, any requests President Trump made to Ukraine would be difficult to refuse. So, when President Trump asked Ukraine to investigate Joe Biden, as well as the wild conspiracy theory about the 2016 election, those were absolutely interpreted by President Zelensky and his staff as a demand. And that is where the White House meeting enters into the equation. When Ukraine did not immediately cave to Rudy Giuliani in the spring and announced the phony investigations, President Trump ratcheted up the pressure as leverage. He chose the White House meeting, he dangled during his April 21st call, precisely because President Trump knew how important the meeting was to Ukraine. Following their visit to Kyiv for the new Ukrainian leader's inauguration, Ambassador Sondland, Ambassador Volker, and Secretary Perry met with President Trump. And each of them encouraged the president to schedule the meeting. Here is what Ambassador Sondland had to say.

SONDLAND: We advised the president of the strategic importance of Ukraine and the value of strengthening the relationship with President Zelensky. To support this reformer, we asked the White House for two things. First, a working phone call between presidents Trump and Zelensky, and second, a working Oval Office visit. In our view, both were vital to cementing the U.S.-Ukraine relationship. Demonstrating support for Ukraine in the face of Russian aggression and advancing broader U.S. foreign policy interests.

JEFFRIES: So, even though this meeting was critical to both Ukraine and America, President Trump ignored all of his policy advisors and express reluctance to me with the new Ukrainian president. He refused --



BAIER: Representative Hakeem Jeffries, one of the House managers making the prosecution's case against the president, saying that he must be removed because of Article One, the abuse of power and Article Two, they say obstructing Congress. Let's bring in our panel, Matthew Continetti, founding editor of The Washington Free Beacon. Charles Lane, opinion writer for The Washington Post. And Jason Riley, Wall Street Journal columnist, senior fellow at the Manhattan Institute. Matthew, they are making the case, each of the managers in a way that is kind of stitching together both the House and judiciary and Intel committee hearings using sound bites from that testimony in a pretty interesting way as they tell this story. It is the same story, but it's told different -- in different packaging.

MATTHEW CONTINETTI, FOUNDING EDITOR, THE WASHINGTON FREE BEACON: Maybe that appeals to senators maybe having the video wakes them up if they're nodding off or they're doodling on their desks. And the question is -- behind all this, does the conduct that President Trump initiated rise to the level of an impeachable offense? And even though this story may be slickly produced, and well-told, at the end of the day, I don't think it's going to convince any Republicans. And part of the reason is, right now, we're in the part of the trial where the platform is entirely given to the prosecution. That will change over the weekend. And I think once the defense has an opportunity to present its side of the story and its case, I think Republicans will feel kind of the wind in their sails.

BAIER: Today is about Ukraine, about their interaction with Ukraine. Here is Senator Lindsey Graham.


GRAHAM: But what I think is the best thing to happen is to have oversight of Ukrainian potential misconduct and move on to the election. I am not going to use my vote to extend the trial.


BAIER: The more I hear Republicans talk about what's next, the witness vote, and other things, I sense a growing confidence that they may have heard the cats on this issue. Mitch McConnell, that is.

CHARLES LANE, OPINION WRITER, WASHINGTON POST: Yes, In other words, there's a very low likelihood that there will be this format for witness list actually called. And the party discipline of the Republicans seems not only beholding, but here and there at the margin strengthening. I mean, Susan Collins has been behaving in a very -- for her, very partisan way by calling out Jerry Nadler with her little note to --


BAIER: As did Murkowski, calling out Jerry Nadler.

LANE: Yes, and those of the two, two of the four that the Democrats kind of pin their hopes on. I would take a slightly different point about the substance of this from Matthew is that, look, since the transcript came out, it's been clear what President Trump did. To me, at least, it's been clear that was wrong, to a lot of people it was wrong. What's so interesting here is that the Republicans as a matter of the case that Trump's team is making are not really being offered the option of saying it was wrong, but not impeachable. They're going to be told by the defense here, nothing wrong, nothing at all was wrong. And it's interesting, the White House is in effect, kind of forcing them in acquit if they're going to acquit him to also sign up for that.


BAIER: Right. So, they don't have the representative we'll heard the option from the House who said, I didn't think it was a perfect call, but this isn't impeachable.

JASON RILEY, COLUMNIST, WALL STREET JOURNAL: Well, Democrats are arguing that Trump's intentions are what was corrupt here. No one's arguing the president can't delay aid. No one's arguing that the president cannot ask a foreign leader to investigate corruption. They're saying what's wrong here is that he did that with the intent of helping himself politically. The problem and the reason they may say nothing wrong, the Republicans, is because all presidents conduct foreign business with the next election, in line, Trump is not the first one to do it. We know President Obama did it with Russian officials that way to my election, give me more time, stop pushing back on this missile defense stuff, I'll have more flexibility. After the election, he was asking a foreign official to do him a political favor. So, this is regularly done. And for us to set a new standard here, where the president can be impeached for doing something he's allowed to do legally but did for political reasons, I think, is a very low standard, a dangerous standard.

BAIER: OK, quickly, witnesses or not?

RILEY: I don't think this is really about --


BAIER: I know. Where are they're going to be witnesses or not?

RILEY: I don't think so, at the end of the day.

CONTINETTI: Doesn't look like it, not at this point.

BAIER: That's turn around. There are some other major stores today. We will bring you those and as we head to break again, Representative Hakeem Jeffries, wrapping up their case before the dinner break. You can watch live the floor on We're going to take this to break. We'll be back on the other side.


JEFFRIES: Even President Zelensky recognize that a face to face talk on the sidelines of the United Nations General Assembly was not the same as an official Oval Office meeting. Sitting next to President Trump in New York, he again raised --


ANNOUNCER: This program is sponsored by Charles Schwab. Own your tomorrow.


BAIER: Looking live at the Senate floor, again, Representative Hakeem Jeffries. We are continuing to monitor that. We'll bring you more from the Senate floor. Again, you can see it on streaming live. We have other news to cover. Quickly, China attempting the monumental task of isolating three cities with a combined population of 18 million people in order to curtail the spread of a deadly virus. Back here in the U.S., there are concerns that visitors from China could spark an epidemic in this country. Real concerns tonight. Correspondent Jonathan Serrie, reports from Atlanta.


JONATHAN SERRIE, FOX NEWS CHANNEL CORRESPONDENT: The Chinese government imposed strict quarantine measures in two more cities, similar to those already in place in nearby Wuhan, where the airport and train station are closed.

TEDROS ADHANOM GHEBREYESUS, DIRECTOR GENERAL, WORLD HEALTH ORGANIZATION: For the moment, WHO does not recommend any broader restrictions on travel or trade.

SERRIE: Although the outbreak of a new coronavirus has claimed at least 17 lives in China, the World Health Organization stopped short of declaring a global emergency.

GHEBREYESUS: We know that there is human to human transmission in China. But for now, it appears limited to family groups and health workers caring for infected patients. At this time, there is no evidence of human to human transmission outside China.

SERRIE: Major airports around the world are implementing enhanced screening of passengers from China.

DR. CHRIS SPITTERS, INTERIM HEALTH OFFICER, SNOHOMISH HEALTH DISTRICT: As of now, there are at least 16 identified close contacts.

SERRIE: Washington State health officials are monitoring people exposed to a U.S. traveler who became ill shortly after returning from China.

DR. JAY COOK, CHIEF OF SURGERY, PROVIDENCE REGIONAL MEDICAL CENTER: He appears to be doing well and we hope that he will continue on his excellent clinical course. And hopefully, we'll be able to return home in the near future.

SERRIE: Coronavirus concerns prompted a Virginia middle school to cancel a visit by exchange students from central China. In a message to families, the principal writes, "While health officials believe the risk of illness transmission of the novel coronavirus from the students is extremely low, we felt it necessary to make this adjustment.


SERRIE: British media report five passengers returning from China with flu- like symptoms were taking to the hospital for testing. A returning passenger in L.A. and another in Texas are undergoing similar testing as a precaution. Bret?

BAIER: Jonathan Serrie in Atlanta. Jonathan, thank you. Newly the unclassified documents from the Foreign Intelligence Service Court, indicate the Justice Department has concluded there was insufficient evidence to establish probable cause that former Trump campaign adviser Carter Page, was acting as an agent of a foreign power. That reasoning was used by the FBI in order to get two surveillance warrants. The FISA courts presiding judge sites what he calls material misstatements and omissions in the FBI request. Carter Page tells Fox News, "Today's unprecedented court filing represents another step on the road to recovery for America's deeply damaged judicial system." Take a look at the market stocks were mixed today. The Dow lost 26. The S&P 500 gained four. The NASDAQ was up 19. We're expecting to hear from some senators leaving the Senate floor, once this is completed. We also have some other news in the panel with 2020 on the campaign trail. We'll head to break listening to Representative Hakeem Jeffries, one of the House impeachment managers.


JEFFRIES: Election and Burisma investigations. Ambassador Volker found Ambassador Sondland's comments in that meeting to be inappropriate.

KURT VOLKER, FORMER UNITED STATES SPECIAL REPRESENTATIVE FOR UKRAINE NEGOTIATIONS: I participated in the July 10th meeting between National Security Adviser Bolton, and then-Ukrainian chairman of the National Security and defense council Alex Danylyuk. As I remember, the meeting was essentially over when Ambassador Sondland made a general comment about investigations. I think all of us thought it was inappropriate.



BAIER: Breaking tonight, the senators just taking a break for dinner as Democrats continue to press their case for the abuse of power charges against President Trump -- the abuse of power and obstruction of Congress. Let's find out what the mood of the senators is about halfway through the prosecution presentation. Again, on a break right now, congressional correspondent Chad Pergram has not had many breaks up on Capitol Hill. Chad, what's the feeling inside the chamber? Senators, are they getting restless?

CHAD PERGRAM, FOX NEWS SENIOR CAPITOL HILL PRODUCER: You can tell when you go into the Senate chamber that the senators are more rested. Keep in mind that Tuesday's session went until 1:50 in the morning Wednesday. And so, people today are more focused, they're taking better notes, they are seated more often, not wandering around the chamber as much. They seem to be more dialed in. And some of that is because some of the testimony when I talked to some of the senators, has been more compelling when they focus on the Russians, and Biden, and also talking about Ukraine. That's one of the main things. Let's listen to Mark Warner, Democratic senator from Virginia.


SEN. MARK WARNER (D-VA): I may have been caught looking at an iPhone on my first day and getting up and walking around.


BILL HEMMER, FOX NEWS CHANNEL HOST: You're not supposed to out. You're not supposed to have phones.

WARNER: Right. And I took it off. I took it off after that. These have been some pretty long days and I've never seen 100 politicians be this quiet.


PERGRAM: In his opening prayer this morning, Senate chaplain Barry Black implored senators to pay attention. He said listening is often more than hearing. It can be attentiveness, which builds bridges and unites. Bret.

BAIER: Now, after the sides present their cases, there is this 16-hour window for senators to then pose the questions. They go through the chief justice. But do we know exactly how that's going to work?

PERGRAM: That could get a little bit dicey here. You know, everybody is been focused on this issue of witnesses here that we've heard from a lot of Republican senators that they have wanted to call Adam Schiff as a witness. And so, one wonders if they might direct a question to Adam Schiff, the lead impeachment manager, and kind of make him the de facto witness for a bit. That could lead to questions that John Roberts, the chief justice might have to rule on, or maybe even commit this to a vote. Regardless, Bret that could elongate the process.

BAIER: Our Chad Pergram on the Hill. Chad, thank you. We are waiting for a couple of the senators, one from both sides of the aisle to join us here live on SPECIAL REPORT, give some thoughts about the day's testimony and argument. One of the pioneers, meantime, in the television news business, has died. PBS's longtime "NewsHour" anchor, Jim Lehrer died peacefully in his sleep at his home this morning. Fox News media analyst and host of Fox's "MEDIA BUZZ", Howard Kurtz, looks at Lehrer's life and legacy.


JIM LEHRER, FORMER ANCHOR, PBS: Robbing in the idea of political world, issues are supposed to separate candidates and decide elections.

HOWARD KURTZ, FOX NEWS MEDIA ANALYST: Jim Lehrer, started what became the PBS "NewsHour" with Robert MacNeil, back in 1975. And through decades of war and campaigns and interviewing world leaders, the one-time Dallas newspaperman never made it about himself. Lehrer was soft-spoken and self-effacing, widely praised as an icon of unbiased journalism, and would joke about how critics considered his newscast, rather dull.

LEHRER: I think the most important interview I did was the one I did with President Clinton.

KURTZ: That was the day the Monica Lewinsky story broke, and Clinton denied a sexual relationship.

LEHRER: It was a very serious business. This charge against you is been made.


KURTZ: Lehrer kept an even tone even on the most horrifying days.

LEHRER: Terrorists used hijacked airliners to kill Americans on this September 11th, 2001.

KURTZ: Lehrer was best known as a presidential debate moderator, and as he was retiring in 2011, he told me he was finished.

LEHRER: I've done 11 of them, and I feel good about it. I survived. I've got some psychic scars in me.

KURTZ: But he agreed to one more debate, and drew criticism for not pressing the candidates and at time losing control.

SEN. MITT ROMNEY, (R-UT): Let's talk about the big one.

LEHRER: No, let's not.

KURTZ: Lehrer told me he had no apologies that his job was to stay out of the way, and he had some personal rules.

LEHRER: I am not in the entertainment business.


KURTZ: Jim Lehrer was always gracious to me and every other journalist he met. He viewed himself not as a TV start, but just another working reporter, trying his best to be fair, a throwback to an earlier era. Bret?

BAIER: Thanks, Howie. I speak for all of us at SPECIAL REPORT. We send our sincere condolences to Lehrer family and to his colleagues at PBS. Jim was a legend in our business, an inspiration to a whole generation of political journalists, including this one. Jim Lehrer was 85.


BAIER: As promised, while the Senate is in break, we're going to get some reaction to today's presentation. Josh Hawley is Republican senator from Missouri, he joins us now. We hope you can get some dinner. Senator, thanks for the time. Your thoughts on today's presentation by the prosecution, the House managers?

SEN. JOSH HAWLEY, (R-MO): I really thought that they made a mistake, and it was an interesting choice in highlighting the role of Hunter Biden and Burisma. The House prosecutors spent a good amount of time this afternoon saying there how there was absolutely no corruption involved between Hunter Biden and Burisma, that Joe Biden had no conflict of interest when he got the prosecutor with jurisdiction fired who was potentially looking into Hunter Biden and Burisma. So I think it was a very strange choice on their part, but it really highlighted that so much of the House's case turns on Hunter Biden, Burisma, and saying that there was no corruption there. So here's my bottom line -- if we call witnesses, I think the House has made it very clear we're going to have to call Hunter Biden, probably Joe Biden.

BAIER: So what is your guest? Do you think you'll lose four Republicans? Are you voting for witnesses?

HAWLEY: I don't think at this point that there is any need to go beyond the evidentiary record that the house has amassed. We have admitted that into evidence in the Senate. That includes their witness statements, all of their evidence, it's all in evidence before us. But if the Senate does elect to call witnesses and subpoena documents, I'm assembling my own list, and I think we absolutely need to subpoena, and as for Joe Biden, Hunter Biden, the whistleblower, maybe Adam Schiff.

BAIER: We've had all kinds of senators reacting from the Senate floor. Chuck Schumer has not missed a camera opportunity, I don't think, and here was his take on yesterday's trial. Take a listen.


CHUCK SCHUMER, (D) SENATE MINORITY LEADER: People squirm, people look the other way, they don't sit still when they don't want to hear it. But the evidence was so compelling and Schiff's arguments were so powerful, I looked around several times, every Republican was looking right at him and listening. So our hope is this will have an effect.


BAIER: What's your reaction to that?

HAWLEY: I'm not so sure that we were witnessing the same event. I think what you saw is a lot of grandstanding, a lot of playing to the camera. I think that you can certainly say that Mr. Schiff is acutely aware of when he is on primetime television. He referenced being on California TV a couple of times yesterday. It's become something of an open joke among the senators. So I think really at this point, I don't sense them actually trying to convince senators. I think they're playing to their own bases, their own audiences at home. And I think what Mr. Nadler said about the Senate being corrupt, about refusing to call their witnesses would be akin to a treacherous vote against United States, I think that that's the spin, they are heading there. That's going to be the party line, and I predict that they will soon all be saying that.

BAIER: You said you clerked for the chief justice, and you were surprised by his reaction when he admonished both sides. That was a moment for you?

HAWLEY: I was very surprised. I've known the chief for many years. I have never seen him admonish parties from the bench before. I think it's worth emphasizing he did that of his own accord. He wasn't asked to do that. He admonished the parties, inserted himself there, which is very unusual in any trial in appellate setting, extremely unusual here, and it was in direct response to Mr. Nadler talking about treachery on the floor of the United States Senate, saying that if senators voted against his amendments, they would be committing an act of treachery against the United States. I don't know if he meant to accuse us of treason or to accuse us of disloyalty, or what it was, but it was deeply inappropriate, and the chief justice was right to admonish them.

BAIER: Senator, we don't get a camera, we don't control the cameras in the trial itself, so we get one shot of the House manager making the case. Paint the picture for us of what you all are doing at your desks. What are you doing? Have you chosen water or milk? What's going on in the Senate chamber at the time that these House managers are making the case?

HAWLEY: I think it varies probably member to member. For my part, I have a couple of different notebooks going where I'm keeping track of the managers' arguments. I note down often the time to help me remember later at exactly what time an argument was made. I note down questions that I have as the argument goes on. And I'm also reading. I've got all the trial briefs in front of me, I refer to those frequently, compile a timeline of events that I refer back to. So I try to keep all that material at hand and help me to listen, help me to process the arguments and to follow what exactly is going on.

BAIER: And do you think that this is going to get wrapped up next week?

HAWLEY: I don't know. I think it's hard to predict. Obviously, I think there's about 10 more hours of a presentation that the House managers have if they want to use it. The president side is going to have their chance soon, then questions. I think at this point, Bret, it's hard to say.

BAIER: Senator Josh Hawley, we appreciate your time. Get something to eat.

HAWLEY: I'll do it. Thank you.

BAIER: OK. We'll look live up at Capitol Hill, Jay Sekulow talking to some of the reporters. We can dip in there for just a sec.

JAY SEKULOW, TRUMP IMPEACHMENT ATTORNEY: It's called the professional responsibility and ethics. That's how you do it. Next question?

UNIDENTIFIED MALE: Have the House managers informed you that they are going to run late tonight and go possibly --

SEKULOW: I'm hearing that it could go, I heard to 1:00 in the morning. I don't know if that's true or not. Next question?

UNIDENTIFIED MALE: Jay, understanding that you all don't make the Senate rules, what has been helpful for you all to present your all's case if you all could do it tit-for-tat instead of waiting --

SEKULOW: It's not the way to go. In a Supreme Court argument, one side goes for 30 minutes, the next side goes for 30 minutes, and then there's sometimes they'll occasionally allow for a rebuttal if you reserve. We did that kind of in the motions. You saw more of that. But once the proceedings start for that party, in this case the managers, they get under the rules that were adopted, the resolution adopted by the Senate, they 24 hours over three session days. So I know people are looking for --

BAIER: Jay Sekulow going in the specifics of how it's going to tick-tock, what their presentation is going to be. We'll have more from Jay in a little bit. But let's get the Democrat perspective while we can, the senators in a break. Chris Van Hollen is the senator from Maryland. Senator, thanks for the time.

SEN. CHRIS VAN HOLLEN, (D-MD): Bret, good to be with you.

BAIER: Your take on today's presentation and where it stands, stacks up for you?

VAN HOLLEN: So Bret, my take is the House managers have provided a mountain of evidence to support their charges. It's very clear that President Trump withheld vital military assistance to Ukraine and denied the Ukrainian president a coveted White House office to pressure the new president of Ukraine to open an investigation or announce an investigation into his political rival Joe Biden. The facts are crystal clear on that, and that is an abuse of power because he's using the office of the presidency that only he has in order to try to get the Ukrainian government to do something politically to help him in the 2020 election. That's the heart of --

BAIER: So you have made up your mind?

VAN HOLLEN: I have not made up my mind. President Trump said he wanted to call witnesses. He mentioned back on December 3rd he wanted Mick Mulvaney to testify in the United States Senate trial. So do I. So if the president lawyers want to contest the facts that I just outlined that support this claim, then let's have them be sworn in under penalty of perjury like people testified in the House. The White House denied these key witnesses in the House. So if the president says he wants to call them, let's call them. Let's call John Bolton, who called this a drug deal, and all the information supports this characterization.

BAIER: When you hear Republicans say, listen, it's the House's job to be the grand jury. They should've waited, they should've fought the battle through the courts, they should have done it, that the pitch about urgency and then holding on to the articles for 33 days doesn't really line up. What do you say?

VAN HOLLEN: First of all, the House did act like a grand jury investigation, and when you get to trial you often have more evidence, information, and witnesses. That's exactly the point. And it is fair to wait to try to get an agreement from the Senate that the trial will be fair, like we hope most trials in America will be. So for example, just the other night I offered an amendment to say let's let the chief justice of the United States make the preliminary ruling on requests for witnesses and documents. The chief justice was nominated by a Republican president, he can call the balls and strikes. Let's let him decide on who is a relevant witness and what are relevant documents. Republicans all voted no. No one can argue that that's an impartial approach. That's the way we do it in courts every day across the country, the judge decides what comes into evidence. They said no.

BAIER: It is lining up to those big votes about witnesses and documents. The office he already had them, but falls in line after the initial arguments here. How much pressure do you think is on the four moderates that are under a focus on Republican side but also somebody like Doug Jones from Alabama who is a Democrat in a state that is obviously upside down as far as where it stands in impeaching and removing this president?

VAN HOLLEN: I hope the pressure will be on everybody to get to the truth, and the more witnesses that you have who are sworn in under penalty of perjury will have material evidence, right, who have relevant information to this case, and the documents, you would think that if people want to get to the truth, and whatever it is. You asked me earlier, what was my bottom line? I haven't gotten to see all the evidence because the White House has been blocking those witnesses and blocking those documents. And at the same time the president said he wants those witnesses to testify. So let's have it.

BAIER: All right, so when you hear the White House argument, and they say this is not impeachable, we shouldn't be here, then make the case about the constitutional aspect of this, and Dershowitz makes his case about how you need a crime on the Senate floor, you are open being swayed by the White House argument?

VAN HOLLEN: Not that. That's a legal argument that says you need a statutory crime in order to impeach a president. That's a question of law. And that has been debunked by all the constitutional scholars, including, by the way, Jonathan Turley, who was the White House's witness, the Republican witness at the House hearing when it came to the question -- now, Dershowitz is a criminal lawyer. And as you've seen the tape, I'm sure, I don't know if you guys played it, but he had a very different view a couple years ago.

BAIER: And he's come out on Twitter and said he was wrong then and right now.

VAN HOLLEN: But think about it, think about it.

BAIER: Let me just ask you this, because I ended the interview with Senator Hawley the same way. Paint a picture of what you guys are going through on the chamber. And what are you doing? Did you choose water or milk? Give us a little picture behind the scenes for viewers. We don't see your side.

VAN HOLLEN: Look, I think everybody is taking it seriously and focusing on the testimony. Whoever decades ago decided that senators should not have any sort of electronic devices on the floor of the Senate, that was a good idea because people aren't trying to sneak the next text or look at their emails. People are focused. I'm looking through all the information, I'm taking notes as we go on the relevant parts. I really hope, Bret, that if our goal is to get to the truth of what happened, and people can make up their own mind about whether or not that's an impeachable offense or not, that's an important question. But we should all be interested in getting all the relevant facts to make the ultimate decision. And that's why it is so important to call witnesses and documents, and that's why the overwhelming majority of the American people understand that's part of a fair trial.

BAIER: Senator Van Hollen, we appreciate your time. I hope you get something to eat. I don't see you as a milk guy. I bet you chose water.

VAN HOLLEN: I did. I'm on my water now.

BAIER: Senator, thanks for the time.

VAN HOLLEN: Take care.

BAIER: Next up, with just 11 days before the Iowa caucuses, a live update from Des Moines on the Democratic presidential campaign.


BAIER: Breaking tonight, we have just learned that President Trump will sign the USMCA trade deal on Wednesday, the single biggest bipartisan legislative win of his presidency. In tonight's Democracy 2020 report, we are just 11 days from the first voting of the 2020 election season, the Iowa caucuses. We'll be there. However, many of the top contenders are obviously stuck here in Washington for the Senate impeachment trial. Correspondent Peter Doocy reports again from Des Moines tonight.


PETER DOOCY, FOX NEWS CORRESPONDENT: In Iowa, the campaign trail has gone cold. Joe Biden is privately meeting with advisers, and the senators are stuck in D.C.

SEN. ELIZABETH WARREN, (D-MA) PRESIDENTIAL CANDIDATE: I have made a commitment, and I will be here. I am, however, very happy to see that the grassroots organization that I've been trying to develop for over a year now has really sprung into action.

DOOCY: Sanders is sitting on his desk, too. He's also sitting on a sizable lead in a WBUR poll New Hampshire Democrats, 12 points ahead of the runner up, Pete Buttigieg, who's campaigning in Washington and South Carolina.

MAYOR PETE BUTTIGIEG, (D-IN) PRESIDENTIAL CANDIDATE: I always ask voters to visualize in as much detail as possible, the day, that first day that the sun comes up and this president is no longer in the Oval Office.


DOOCY: Joe Biden is down in third place in this New Hampshire poll, as President Trump is zeroing in on Michael Bloomberg, tweeting, quote, "Mini Mike Bloomberg is playing poker with his foolhardy and unsuspecting Democrat rivals. He says that if he loses, he really means when, in the primaries, he will spend money helping whoever the Democrat nominee is. By doing this he figures they won't hit him as hard. The Bloomberg team believes they are on their way to a head-to-head with Trump, predicting they'll soon leapfrog Warren.

UNIDENTIFIED MALE: I think she's nervous that Mike Bloomberg is catching up on her. Mike is now in fourth place in this race and will probably pass her.

JOHN ROBERTS, SUPREME COURT CHIEF JUSTICE: Senators will please be seated.

DOOCY: There is no sign that Warren, Sanders, Klobuchar, or Bennett will bail on their duties as jurors, even if it complicates their odds of winning the caucuses.

WARREN: I have a responsibility to be here, and I will be here.


DOOCY: A week and a half before the caucuses, candidates would traditionally all be here trying to meet as many undecided Iowans as they can. With this cycle 11 days out, the only candidate here today is the one running a nontraditional campaign, Andrew Yang. Bret?

BAIER: He'll be on FOX News Sunday this weekend. Peter Doocy in Des Moines. Peter, thanks. We're back with the panel, Matthew, Chuck, and Jason. Jason, state of the race right now as you look at how things are congealing with some of the senators stuck here in Washington.

JASON RILEY, "WALL STREET JOURNAL" COLUMNIST: I think Sanders might be a little bit upset. He's had a nice bump in the polls since Senator Warren tried to kneecap him on that private conversation they had, so he's probably a little unhappy about this. But the problem, I think, is this has not only taken some of these candidates off the campaign trail, it's taken them off message. Impeachment is not something they've been talking about a lot on the campaign. They sense that it isn't resonating much with voters, so they're probably are not happy about that. Someone like Amy Klobuchar, though, who's really an Iowa or bust candidate, and not well-known, I think she's the one who is probably hurt the most by having to do this Senate trial.

BAIER: Chuck?

CHARLES LANE, OPINION WRITER, "WASHINGTON POST": I think it's fascinating that a lot of the excitement right now in the Democratic nomination race is focused on two people who aren't Democrats, Bernie Sanders and Mike Bloomberg. And there is a, not 50 plus percent, but there's a real possibility that the race, if Joe Biden doesn't make it strongly through the first couple of contests, would actually come down to that.

BAIER: Fascinating. Matthew?

MATTHEW CONTINETTI, EDITOR IN CHIEF, "WASHINGTON FREE BEACON": Elizabeth Warren sounded extremely depressed at having to be here instead of in Iowa.

BAIER: Taking selfies.

CONTINETTI: But for all the good -- and the selfie line. For all of the good polls that Bernie has had, we forget Biden is still on top in Iowa, he's had some good polls in Iowa, and it will be Iowa that really starts the engine of this race.

BAIER: There is a sound bite, I don't have time to play it, Pete Buttigieg talking to our own Peter Doocy, saying, I can't remember the last time I heard a question about impeachment.

LANE: All the candidates say that that we've talked to.

BAIER: And think about that in context of what we're seeing here in Washington how it plays around the globe, especially in the U.S., 11 days from the Iowa caucuses. Panel, thank you very much very. A little different show tonight because of the structure of the Senate trial. Thanks for inviting us into your home tonight. That's it for this SPECIAL REPORT, fair, balanced, and still unafraid. "The Story" hosted by Martha MacCallum starts after a short break. We will be back with full coverage of the Senate trial in and out throughout the evening, and tomorrow starts 12:30 p.m. Eastern time. A live look at Capitol Hill.

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