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Senate Votes To Acquit Donald Trump, 57 Vote Guilty, 43 Not Guilty; McConnell Makes Case For Convicting Trump After Voting To Acquit; Key Biden Aide Resigns After Threatening Reporter. Aired 10- 11p ET

Aired February 13, 2021 - 22:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[22:00:08]

ANA CABRERA, CNN HOST: You are live in the CNN NEWSROOM. I'm Ana Cabrera in New York.

We begin with breaking news. For the second time in the span of just one year, Donald Trump has been acquitted in the Senate impeachment trial. In the end, just seven Republican senators crossed the aisle to join Democrats, voting that former President Trump was guilty of inciting an insurrection on the U.S. Capitol.

But in a stupefying and unprecedented move, Senate Minority Leader Mitch McConnell who voted to acquit the former president immediately took to the floor to not only say Trump was indeed responsible for provoking the insurrection, but also went a step further in condemning Trump's actions on January 6th.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), SENATE MINORITY LEADER: President Trump is practically and morally responsible for provoking the events of the day. No question about it. A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags, and screaming their loyalty to him.

It was obvious that only President Trump could end this. He was the only one who could.

(END VIDEO CLIP)

CABRERA: His reason for acquittal? McConnell says he doesn't believe the Senate has the power to convict a former president.

House Speaker Nancy Pelosi was absolutely outraged over McConnell's decision, calling him a coward.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA), SPEAKER OF THE HOUSE: For Mitch McConnell who created a situation where it could not have been heard before the 20th or even begun before the 20th in the Senate, to say all the things he said, oh, my gosh, about Donald Trump and how horrible he was and is and then said, but the time that the Democrats -- the House chose to bring it over. No, we didn't choose. You chose not to receive it. It was not the reason that he voted for what he did. It was the excuse that he used.

(END VIDEO CLIP)

CABRERA: This as we're learning new details about Trump's mindset during this trial. Sources telling CNN he privately voiced concern that he could face criminal charges. More on that in just a moment.

But first, CNN's Ryan Nobles joins us on Capitol Hill.

And, Ryan, what a turn of events today, but in the end, 43 Republicans refused to hold former President Trump accountable.

RYAN NOBLES, CNN CONGRESSIONAL CORRESPONDENT: Yeah, that's right. It is weird to say, because everyone knew what the outcome of this trial would be, but today was a day that was filled with many, many surprises.

(BEGIN VIDEOTAPE)

NOBLES (voice-over): For a second time, Donald Trump has escaped conviction by the U.S. Senate.

SEN. PATRICK LEAHY (D-VT): It is therefore ordered and adjudged that the said Donald John Trump be and he is here by acquitted of the charge in said article.

NOBLES: The final vote capped off a dramatic day, where House impeachment managers announced plans to call witnesses in the trial of the former president.

REP. JAMIE RASKIN (D-MD): We would like the opportunity to subpoena Congresswoman Herrera regarding her communications with House Minority Leader Kevin McCarthy.

NOBLES: Calling witnesses would have sent the trial in a dramatically different direction, leading to a much longer affair. After hours of negotiations, the two sides agreed to submit into the record a statement from Republican Congresswoman Jamie Herrera Beutler, which detailed a phone call from Trump to House Minority Leader Kevin McCarthy on January 6th, where Trump said the rioters care more about election fraud than McCarthy. Impeachment managers decided to call her as a witness following a CNN report on the call Friday.

RASKIN: The point is that no number of witnesses demonstrating that Donald Trump continued to incite the insurrectionists, even after the invasion of the Capitol, would convince them. They wouldn't be convinced.

NOBLES: With witnesses off the table, the two sides presented their closing arguments. The prosecution arguing that the evidence made it clear the riot was incited by the former president.

RASKIN: He named the date, he named the time, and he brought them here, and now he must pay the price. NOBLES: And the Trump defense, warning the constitutional questions of

convicting a former president were impossible to ignore.

MICHAEL VAN DER VEEN, TRUMP IMPEACHMENT ATTORNEY: This has been the most up fair and flagrantly unconstitutional proceeding in the history of the United States Senate.

[22:05:06]

NOBLES: When the votes were cast, seven Republicans joined Democrats and voted to convict Trump, but fell short of the 2/3 majority necessary.

Richard Burr of North Carolina and Bill Cassidy of Louisiana voted to convict, despite earlier voting the trial was unconstitutional.

After it was all over, Senate Minority Leader Mitch McConnell, who voted to acquit, hammered Trump's actions, saying he was responsible for the riot, and even suggested he could be tried in a criminal court.

MCCONNELL: Didn't get away with anything, yet. Yet. We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.

NOBLES: But Majority Leader Chuck Schumer argued the Republicans were using the constitutional argument as a copout. In his mind, the evidence was more than enough to convict.

SEN. CHUCK SCHUMER (D-NY), SENATE MAJORITY LEADER: Look at what Republicans have chosen to forgive. The former president tried to overturn the results of a legitimate election and provoked an assault on our own government.

(END VIDEO CLIP)

NOBLES: And I talked to a number of Democratic senators after the impeachment trial wrapped up today. And they said they agreed with the decision of the house impeachment managers to forego calling witnesses. They firmly believe that there was nothing that would have convinced enough Republicans to change their votes from acquitting the former president to convicting him.

But one thing is for sure, Ana, Jaime Herrera Beutler, the Republican congresswoman at the center of this, she was ready to come and testify. Her spokesperson telling me this evening that she was ready to come and testify under oath if asked.

CABRERA: Ryan Nobles, thank you for that reporting. Great wrap up there.

Let's go to Boris Sanchez now. He's near the former president's Mar-a- Lago estate.

And, Boris, this had to be a huge sigh of relief for the former president because our reporting is that this defense was really hanging by a thread. What is the former president saying tonight?

BORIS SANCHEZ, CNN CORRESPONDENT: Yeah, Ana, to be clear, the entire Trump legal team was hanging by a thread with one of them threatening to quit just two days ago. Tonight, the legal team is expressing relief about the acquittal. They were actually surprised, according to sources that seven Senate Republicans voted to convict Donald Trump, that number higher than what they expected.

The president has expressed relief. He's pleased with the outcome, as he wrote in a statement that I'll get to in a second. But we are hearing people close to the president say that he is concerned about potentially facing criminal charges. Trump apparently keeping quiet for most of his time out of office down here at Mar-a-Lago, because he is afraid of potentially being charge with the his involvement in the riot we saw on Capitol Hill on January 6th.

As we understand, this comes on the heels of Mitch McConnell saying that the Justice Department could potentially look at Trump's involvement on January 6th and federal investigators outlining to CNN that they are prepared to go after anyone and everyone that was involved in the Capitol siege. So there is cause for concern for Trump.

Despite that in his public statement, he expressed no concerns. In fact, he foreshadowed what may be coming of his time post-presidency. Here is a bit of that statement. The former president writing, quote: This has been yet another phase of the greatest witch hunt in the history of our country.

No president has ever gone to anything to like it, and it continues because our opponents cannot forget the almost 75 million people, the highest number ever for a sitting president, who voted for us just a few short months ago.

He goes on: Our historic, patriotic and beautiful movement to Make America Great Again has only just begun. In the months ahead, I have much to share with you and I look forward to continuing our incredible journey together to achieve American greatness for all of our people. There has never been anything like it.

Of course, we anticipate that much of what he has to share with his supporters are attacks on those Republicans that he feels betrayed him, people like Liz Cheney and others who voted for impeachment and then voted to convict him. We can bet that President Trump, former president Trump is likely going to campaign against them, to raise funds against them. And potentially even run for president again in 2024, a specter that looms large over the Republican Party -- Ana.

CABRERA: He sure sounds emboldened in that statement, Boris. A good chunk of the presentation had to do with this idea that the president or the former president knew Vice President Mike Pence was in danger when he sent that tweet, saying Pence lacked courage. As the rioters were, you know, entering the Capitol, searching for Mike Pence, calling for him to be hanged.

[22:10:01] And now, we have more reporting about what Trump was told about Pence that day.

SANCHEZ: That's right. There are staffers who were with Mike Pence who indicated the White House was well-aware that the vice president was being evacuated, as all of this was happening. And as you pointed out earlier in that day, Trump had specifically called out Mike Pence by name at that rally, at the Stop the Steal rally.

And then as all of this was happening, he continued tweeting about Mike Pence, suggesting that the former vice president couldn't do the right thing, couldn't stand up for the Constitution. On top of that, there are indications from Senator Tommy Tuberville of Alabama that he received a phone call from President Trump, former President Trump, and told him point blank that the former vice president was being evacuated because supporters of Donald Trump were entering the Capitol at that very moment.

Tuberville telling reporters that's when he hung up with former President Trump and minutes later is, again, when Trump sent that tweet about Mike Pence -- Ana.

CABRERA: I just can't get over what we heard from Mitch McConnell and just really shedding light on no matter how much more information we could have learned or continue to learn right up to the very end, it really didn't matter when it came down to the voting.

Thank you, Boris Sanchez. I appreciate it.

Joining us now, CNN senior political commentator and former senior adviser to President Obama, David Axelrod, CNN political commentator and former Republican senator from Arizona, Jeff Flake, and our CNN legal analyst, former federal prosecutor, Jennifer Rodgers, and Ross Garber, he teaches about impeachment at Tulane Law School.

Thank you all for staying up late. I know many of you have been on the air today offering your excellent analysis and expertise, so thank you for continuing to do so here.

First to you, Senator Flake. Your reaction to what we heard from McConnell, essentially saying former President Trump is guilty, should maybe even face criminal charges.

But it would be wrong to convict him at this Senate impeachment trial because he is not a sitting president.

JEFF FLAKE, CNN POLITICAL COMMENTATOR: Well, if you just read the first part of his speech and not the latter part, you would have thought that that was a House impeachment manager. It made the case perfectly, I think, as to why he should have been convicted. I was just disappointed to hear the second part.

I think he should have been convicted, and I think that hanging it on the constitutional argument just doesn't wash, frankly. And so, yeah, great first part of the speech. The second part just didn't measure up. CABRERA: What do you think of his leadership during all of this?

FLAKE: Well, I certainly during January, when the attacks were happening, I thought that Mitch McConnell was pitch-perfect. He called out the president for the big lie, and he was giving a great speech at that time. But here, I think that he should have, when Nancy Pelosi said we've got impeachment articles, he should have said bring them over now and we'll take them up.

Had he done so, then there couldn't have been a constitutional argument, and simply would have had to address it on the merits. And on the merits, as Mitch McConnell said, you know, the president incited violence.

CABRERA: And, David, that's true. House Speaker Pelosi pointed that out as well, that the reason this was a trial of a former president is because Mitch McConnell blocked it from happening before the inauguration. And now, she says she rejects a censure, because she believes that would let the GOP off the hook. What do you think?

DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR: Well, look, I think he was very clear that he wasn't going to bring the Senate back for the trial before the 19th of January. So he set the conditions that made it impossible to try the president, you know, while he was still in office.

My sense also is that, you know, McConnell is the leader, but part of being the leader is not getting out two separate from your flock. And he had a sense where most of his caucus was going. They went there, because while Donald Trump isn't as popular as he was with Republicans on Election Day, he'll state quite popular.

Jeff Flake can speak to that. And there's risk associated with taking him on. It was no coincidence that one in the seven -- and seven was a huge number, but only one of them is up for re-election in 2022, Lisa Murkowski, two of them were retiring.

So, you know, there was -- there was fear. And he knew where his caucus was going, and he would have created tremendous problems for him if he had done it. That said, if he felt as passionately as he did, and as he reflected in his words, you know, it's clearly the constitutional argument was kind of an off ramp for him to try and not get sideways with his caucus.

CABRERA: Ross, Democrats say Senator McConnell essentially conceded that they proved their case. Is that what you heard as an attorney?

ROSS GARBER, CNN LEGAL ANALYST: Yeah. He didn't go quite that far. He got pretty close. I mean, we heard him. He condemned former President Trump. He held him responsible. He did hedge a little bit in terms of whether the exact, you know, standard that was sort of spelled out in the articles of impeachment was met.

But he did come very close. But in the end, he said it didn't matter. He was resting his decision on this jurisdictional issue. And then he went squarely after the impeachment managers, you know, position that doing that would create some sort of January exception, that a president can do anything at the end of his term and get away with it.

You know, Senator McConnell said no, that's not true. There could be criminal or civil courts.

CABRERA: And I want to come back to that. But, first, Jennifer, I just want to read again what President Trump said to the House Minority Leader, Kevin McCarthy, as this mob was closing in and McCarthy was begging for help. Trump told him, quote, well, Kevin, I guess these people are more upset about the election than you are. And McCarthy responded, what the F do you think -- who the F do you think you're talking to?

In a trial or criminal court, how powerful would that evidence be? Could it have made a difference?

JENNIFER RODGERS, CNN LEGAL ANALYST: It would be extremely powerful. You know, that language parallels with what we saw from Trump in a tweet, around that time this is what you get when you steal the election sort of thing. It's kind of a, you know, you get what you deserve when you cross me sort of thing.

Words by the defendant are always powerful in criminal trials. But here especially when the issue is Trump's state of mind, as he is sitting there watching what he caused, and not doing anything to stop it, not calling off his supporters, not calling in reinforcements for the police who are battling. You know, his state of mind there is the critical issue and will be the critical issue if this ever goes to trial.

And those statements and those words, and I hope if this is investigated criminally, they get more evidence from people who are around him that day and can speak to what he was saying and what he was doing. That will be the key evidence, I think.

CABRERA: David, the Democrats are taking some hits for not calling witnesses, even though they had this vote to potentially call witnesses, and that was -- gave them the green light to move forward. They ultimately decided to cut a deal we're told, because of ton predictability of what would happen, the potential gridlock it could create or other agenda items, the belief it wouldn't change the final vote.

I know before the vote to acquit, you said it was the right call. Do you still feel that way?

AXELROD: Well, absolutely. Jennifer said, well, you know, this would be very meaningful in a criminal trial. This isn't a criminal trial, and the big difference is, the jurors are politicians, and they're partisans. Three of them were plotting strategy with the president's lawyers the night before this final -- the night before their presentation.

So, you know, I think there was a very, very strong sense of where this was going to go. The number of Republicans who would leave Trump was in question. But there was never a sense that it was going to go to 17. And that, you know, if she had come in and testified, Representative Herrera Beutler, she would have confirmed what they already knew.

These senators knew -- in fact, I think they know the whole story. They made a political decision that they weren't going to stray from the president. So, the Senate had to make a decision there, are we going to tie ourselves up for weeks here, knowing what the outcome is, and knowing that we have this urgent matter in front of us, of dealing with COVID and the president's cabinet and other issues.

So, yeah, I think they made the right decision. Look, when I said that, you know, it garnered a lot of reaction from my friends on the left and people who are outraged as I'm outraged by what president Trump did. Everyone should be outraged by what he did. But I think they made a realistic decision and I think the house managers made a very strong case. I don't think there are any gaps in their case.

CABRERA: And yet, it is the Republicans who voted to convict that are facing the most immediate political backlash. Senator Flake, I know you h been there, when you criticized the former president when you were serving in the Senate. Bill Cassidy today, for example, is already facing a censure by his state Republican Party.

[22:20:03]

What advice do you have to these seven who no doubt are going to be in a tough spot with their constituents perhaps at home?

FLAKE: Well, I've already sent notes to them. I just said, you know, hold fast. They will -- I mean, being the person in the middle, you felt like you have no friends. You'll never go as far as the other side wants you to go. But once you have broken from the president, then boy, you get it from all sides.

So they're going to be feeling it. Mitt Romney has been feeling it for a while. You saw him being heckled at airports and whatnot. I think he's members are prepared. Some of them have experienced it already. I'm glad they did the right thing. That's what I've tried to communicate to them.

You know, once you're retired from office, and all you have is your conscience and your grand kids, you're grateful for standing up. And I know that I felt that later.

CABRERA: Ross, coming back to consequences in the courts, our reporting tonight is the former president has voiced concerns about facing criminal charges. Do you think that's a true possibility related to the insurrection?

GARBER: Well, I think it's sort of interesting that he is concerned. I mean, based on sort of what we know right now, it seems like criminal prosecution would be unlikely. You know, one of the key elements for a criminal prosecution is that the president, former president, intended what happened at the Capitol to have happened. That was the consequence that he was trying to achieve.

And right now, the proof on that is pretty limited. Now, that -- things could change. We don't know a lot of the facts. If, for example, he was either directly or indirectly in communication with the rioters or people who assisted the rioters, you know, that could be an issue.

But things are still early. As Jen knows, the way these prosecutions work is you start off with low-level people and then they wind up pleading guilty and being very interested in cooperating. You go up the chain and who know where you go.

CABRERA: Everyone, please stand by. Much more to discuss, with some Republicans voting to convict Trump, and the Senate minority leader calling Trump responsible for provoking the violence on January 6th. Is Mr. Trump still the de facto leader of the Republican Party? We'll discuss next.

You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[22:26:22]

CABRERA: Welcome back.

Tonight, former president Trump released a statement on his acquittal. That was so full of hypocrisy.

We need to take a moment to call out one line in particular. He wrote this: I always have and always will be a champion for the unwavering rule of law, the heroes of law enforcement and the right of Americans to peacefully and honorably debate the issues of the day without malice and without hate.

A champion for the unwavering rule of law and heroes of law enforcement, he says. When CNN's reporting is that he initially resisted mobilizing the National Guard to the Capitol and had to be convinced even to tweet the words "stay peaceful" as officers battled a violent mob.

(VIDEO CLIP PLAYS)

CABRERA: Officers were crushed. They suffered brain damage, had their eyes gouged and one lost three fingers. And Officer Brian Sicknick died from his injuries, possibly a fatal reaction from being hit with bear spray.

And when Trump says he's a champion for the right of Americans to peacefully and honorably debate the issues of the day, where was that when he tear gassed peaceful protestors in Lafayette Park so that he could have a photo-op? Where was that when he was slamming NFL players for taking a knee to protest racism?

It's just more spin from a disgraced former president, twice impeached and kicked off of Twitter, desperate to maintain his hold on a party that he no longer deserves.

Just listen to the Senate Republican leader.

(BEGIN VIDEO CLIP)

MCCONNELL: In recent weeks, our ex-president's associates have tried to use the 74 million Americans who voted to re-elect him as a kind of human shield against criticism, using the 74 million who voted for him as a human shield against criticism. Anyone who decries his awful behavior is accused of insulting millions of voters.

(END VIDEO CLIP)

CABRERA: Back with us now, former Senator Jeff Flake and former Obama senior adviser David Axelrod.

Senator Flake, what do you make of Trump holding himself up as a champion of law and order?

FLAKE: Well, it's belied by the fact of that day and what the rioters were screaming about the police egged on by the president. So, what he did and didn't do, says it all, frankly. This made me think of June 14th, 2017, the baseball shooting.

I was there on the field with blood stains all over me, having just worked on Steve Scalise. As soon as he left in the ambulance, I got a call, and it was Mike Pence on the other line. Mike and I were very close in the House. We have a bit of a strained relationship after he became vice president. But he called, because he was concerned about me.

And I thought of the contrast with what happened with the president on January 6th, where the president not only didn't call Mike Pence, he tweeted out, you know, that Mike Pence was a coward and was not -- exhibited no courage.

[22:30:09]

And I thought that the impeachment managers did a good job in explaining that. But a friend of law enforcement, that's kind of a tough case to make with the actions of the president on June 6th -- January 6th.

CABRERA: David, I want you to hear what Chuck Schumer said today after Trump was acquitted.

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER (D-NY), SENATE MAJORITY LEADER: Let me say this, despite the results of the vote on Donald Trump's conviction in the court of impeachment, he deserves to be convicted. And I believe he will be convicted in the court of public opinion. He deserves to be permanently discredited, and I believe he has been discredited in the eyes of the American people and in the judgment of history.

(END VIDEO CLIP)

CABRERA: David, do you think Republicans really believe that? Because the votes of 43 Republican senators today suggest otherwise. AXELROD: Yeah. And as I said, there is still a sizable majority of

Republicans who have -- who support Donald Trump. Let's be clear, first of all, the statement was offensive and laughable at the same time. You know, this is a guy who subjugated the rule of law, law and order and everything else to his own personal interest. And we saw it in bright highlights on the day of January 6th.

But he is -- let's be clear who he is, no matter what he puts in his statement and his words ring tinny. He is a disgraced former president, and whether he was convicted or not, this trial was very important in bringing home in stark relief exactly what he did and didn't do before the 6th, on the 6th, and after.

And so, he is a disgraced former president. He's got financial problems. He's got legal problems far beyond this one. He's got problems relative to his business in New York. The authorities in Atlanta are looking at him for election law violations there.

And, you know, I don't believe that he's ever going to be a viable, successful candidate for president. He can be a real problem for the Republican Party. I think he will seek vengeance against the ten House Republicans and seven Senate Republicans.

And let me just say, picking up on what Jeff Flake said earlier, you know, we focus a lot on the 43 Republicans who voted to acquit. We should really focus on the seven Republicans who voted to convict. That took courage.

They knew they were submitting themselves to abuse or worse. And they did it because they thought their duty was to stand up for the Constitution and I think that was an enormously important moment for this country. This was a bipartisan, really the first truly bipartisan impeachment, House and Senate, and that just adds to the stain on President Trump. He still has his following. He still can be -- he still can be problematical.

He will never be president of the United States again. And I think this trial adds to my conviction that that is the case.

CABRERA: You mentioned the courage of the seven who voted with Democrats to convict. And I just want to read a quick statement from Bill Cassidy who wrote: Our Constitution and our country is more important than any one person. I voted to convict President Trump because he is guilty.

Both of you please stay with me. On the backside of this break, we have more news tonight. President Joe Biden just released a statement on the acquittal of former President Trump. We'll take you live to the White House, next.

(COMMERCIAL BREAK)

[22:37:40]

CABRERA: We're back with breaking news.

President Joe Biden has just released a statement on the Senate vote acquitting President Trump.

I want to bring in CNN White House correspondent Arlette Saenz.

Arlette, what is he saying?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well, Ana, these are the first comments we are hearing from President Biden about that acquittal of President Trump in that impeachment trial. The president has been very careful about what he's been saying about this impeachment trial before today. I want to read you a little bit of the statement.

He said, while the final vote did not lead to a conviction, the substance of the charge is not in dispute. He added, even those opposed to the conviction, like Senate Minority Leader McConnell, believe Donald Trump was guilty of a, quote, disgraceful dereliction of duty and practically and morally responsible for provoking the violence unleashed on the Capitol.

The president also went on to give some respect to those who defended the Capitol that day, who experienced that insurrection firsthand. And really, the president over the course of the past week has been repeatedly asked about the Senate impeachment trial. He indicated to our own colleague Jeremy Diamond that he was anxious to see how Republicans would vote in this impeachment.

Even at one point saying he could see how some senators would be swayed by that video that was shown by the impeachment managers earlier this week. But it ultimately, the president really stayed away from saying whether he believes the Senate should be voting to convict. He was very careful in his words and also make clear that he's ready to take a look at the work ahead, as well.

CABRERA: And, Arlette, there was also news tonight about a key Biden being aide forced to resign. What happened?

SAENZ: That's right, Ana. So White House deputy press secretary TJ Ducklo submitted his resignation today after a "Vanity Fair" report yesterday revealed that he had made threatening and misogynistic reporting to a female reporter who was working on a story about a relationship that Ducklo was having with another reporter. Yesterday, the White House said they would be suspending him for one week without pay.

But today, he has now resigned. I want to read you the statement that T.J. released this evening. He said no words can express my regret, my embarrassment and my disgust for my behavior. I used language that no woman should have to hear from anyone, especially in a situation where she was just trying to do her job.

[22:40:06]

He added, it was language that was abhorrent, disrespectful and unacceptable.

Now, one question about this entire incident is that it took place on January 20th, the day that President Biden was inaugurated.

But Ducklo was not suspended from his position at the White House until this was publicly revealed in a "Vanity Fair" article. The White House Press Secretary Jen Psaki said yesterday they had been handling it in a private manner before that. That's what they felt was appropriate.

And I am also told tonight that President Biden was informed of the situation late this afternoon and that he supports the resignation from Ducklo. Ducklo, who also not only served at the White House, but also as a press secretary on Biden's presidential campaign. And during that time on the campaign, he was also diagnosed with stage four lung cancer, earning him some close ties to a lot of people on that campaign -- Ana.

CABRERA: Arlette Saenz, thank you.

Up next, back to the impeachment trial. Here's more from Senate Minority Leader Mitch McConnell.

(BEGIN VIDEO CLIP)

MCCONNELL: With police officers bleeding and broken glass covering Capitol floors, he kept repeating election lies and praising the criminals.

(END VIDEO CLIP)

CABRERA: And yet he voted to acquit. Does the threat of impeachment mean anything anymore?

(COMMERCIAL BREAK)

[22:45:10]

(BEGIN VIDEO CLIP)

RASKIN: I think in the eyes of the entire world and the country, we are overwhelmingly proved the facts of the case. And Senator McConnell just conceded that that wasn't the issue. And you've got to talk to the, you know, the 43 senators who are basically saying no amount of facts would have made any difference to them, because they didn't think that the president was subject to the jurisdiction of the Senate. That was the argument you just heard Mitch McConnell make.

REP. JOAQUIN CASTRO (D-TX): My reaction to the decision of majority of Republican senators not to convict Donald Trump despite the overwhelming evidence, is not only sadness, but also apprehension for the nation. Because as I said during my remarks, the defense counsel's main argument is that there's nothing wrong with what Donald Trump did and he could do it all over again. And as a nation, we just have to hope that isn't the case.

(END VIDEO CLIP)

CABRERA: The House impeachment managers expressing their fears for the future. Now that Trump has been acquitted if the face of overwhelming evidence. Jeff Flake and David Axelrod are back with us, along with CNN legal analyst Ross Garber and Jennifer Rodgers.

I would like to ask each of you this question. Impeachment is supposed to be the ultimate political stain. Donald Trump has been impeached twice, acquitted twice.

Jennifer, you first. Has Trump's acquittal today essentially rendered impeachment useless as a political tool for holding a president accountable?

RODGERS: Well, I think the problem is, impeachment isn't an accountability tool at all. Maybe it's a tool for letting us know which way the political winds are blowing. But the truth is, for actual accountability, you need a search for the truth, it's not impeachment. It's criminal and other court proceedings.

CABRERA: How do you see it, Ross?

GARBER: I mean, I represent a lot of public officials. I've represented public officials in impeachments. It is rarely a tool to dissuade bad conduct. You know, Jennifer's exactly right, but impeachment, the process and the trial, can actually be used as a tool to get at the facts. And that's something that public officials are often concerned about. They're concerned about hearings. They're concerned about investigations. They're concerned about public stain.

And I don't think we should continue to do impeachments this way. They should be more hearings and if you're going to do an impeach trial, a real trial.

CABRERA: David, what do you think?

AXELROD: Well, look, no president has never been convicted. The Constitution sets up a very, very steep test -- 67 votes is difficult especially when you have a 50/50 Senate. But I wouldn't -- I wouldn't gainsay what was accomplished. I think that it is important to make a statement that this kind of behavior is unacceptable.

The 43 Republican senators will have to defend themselves and why they think it is -- none of them defended his behavior. But impeachment is an important tool, and Donald Trump, more than any president I can think of, deserved it. And I think he was hurt by this. I think that history will remember him as a disgraced president. And his political career has been ended, in part because of what happened this week.

CABRERA: Senator Flake, the power of impeachment, is there still power in impeachment?

FLAKE: Yeah, there is. I agree with David. The president is a very diminished figure, particularly after this second impeachment. It may have been difficult for Republicans to convict him, enough Republicans, but this will make it more difficult for them to embrace him. And that means something moving ahead.

The president still has influence with the party faithful, but that will diminish. And this -- you know, this trial that went on will speed that I think migration away from the president. So it still does have an impact.

CABRERA: Former Senator Jeff Flake, David Axelrod, Jennifer Rodgers and Ross Garber -- many thanks.

FLAKE: Thank you.

CABRERA: We'll be right back with much more on today's historic developments, the second acquittal of former President Trump.

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[22:53:25]

CABRERA: Amid the arguments, disagreements and partisanship that we saw during the impeachment trial, there was a moment where all sides came together to honor Capitol Police Officer Eugene Goodman. There was this new security footage the impeachment managers played as part of their evidence, and it shows Goodman signaling to Senator Mitt Romney to turn around as the mob was coming to the hospital. Goodman redirects Romney and as the Utah senator later said was, quote, making sure that I was out of harm's way.

That new footage just adds to Goodman's already heroic act scene in this video from that, that shows him leading members from the mob away from the entrance of the Senate chamber.

Officer Goodman was in attendance on the impeachment trial. Here he is watching newly shown footage from the Capitol siege, and he is now serving as the acting deputy Senate sergeant at arms.

Then on Friday came this moment.

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CABRERA: Officer Goodman received a standing ovation in the Senate chamber after the Senate approved legislation to award him the Congressional Gold Medal. What a hero.

Abraham Lincoln is often held as one of America's greatest presidents who ended slavery and saved the country from collapse.

The truth is more complicated than that. And now, the new CNN original series, "LINCOLN: DIVIDED WE STAND" explores Lincoln's tragic personal life, and history making political career to reveal the real Abraham Lincoln and all his complexity and imperfection.

[22:55:01]

Here's a preview.

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UNIDENTIFIED MALE: America is at a reckoning. For more than 250 years, we battled political justice and divisions. In times of crisis, we look to the past for examples of both leadership.

UNIDENTIFIED MALE: Lincoln, of course, is the most admired American president.

UNIDENTIFIED MALE: If there's anyone who live and breathe and walk the basic ideas around which America is built, it was Abraham Lincoln.

UNIDENTIFIED MALE: Politicians recognize the power that his name still has and use it.

BARACK OBAMA, FORMER PRESIDENT OF THE UNITED STATES: That vision of Lincoln's, of a generous, inclusive America that's driven this country for more than 200 years.

GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES: President Lincoln not only understood the heartbreak of this country, he also understood the cost of sacrifice.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Abraham Lincoln signed the Emancipation Proclamation. The president said and I quote, if my name ever goes down into history, it would be for this act, my whole soul is in it. My whole soul is in it.

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CABRERA: See his struggles, his true character, and the compromises he made to save the union and free the slaves.

"LINCOLN: DIVIDED WE STAND" premieres tomorrow night at 10:00 Eastern here on CNN.

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