Sen. Cassidy asks whether Trump was tolerant of rioters intimidating Pence
Sen. Bill Cassidy, R-La., asked both sides whether Trump's tweet attacking Pence on Jan. 6 after he spoke to Sen. Tuberville about Pence being evacuated suggests that Trump was tolerant of the intimidation posed by the rioters to Pence.
"Directly, no," Trump lawyer van der Veen said. "But I dispute the premise of your facts. I dispute the facts that are laid out in that question. And, unfortunately, we're not going to know the answer to the facts in this proceeding because the House did nothing to investigate what went on."
Trump's lawyer continued by saying he had "no idea" what the answer is because the House didn't provide an opportunity to investigate further.
Leader House manager Rep. Jamie Raskin, D-Md., argued in response to the question that the managers invited Trump to testify before Congress himself about the events and had the chance to set the record straight. Raskin, however, noted that Trump declined and according to the late Supreme Court Justice Antonin Scalia, in civil cases, if the defendant refuses to testify, then it implies guilt.
"Rather than yelling at us...bring your client here and have him testify under oath," Raskin said.
'He delighted in this': Castro explains why Trump's tweet hours after riot shows his mindset
Sen. Patty Murray, D-Wash., asked what the relevance of one of Trump's tweets in the hours after the Capitol riot was to his guilt.
The tweet in question, posted just after 6 p.m. on the night of the riot, read: "These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long."
"Go home with love & in peace," he continued. "Remember this day forever!"
Castro answered the question, saying if the riot "wasn't what he wanted, why would he say remember this day forever?"
Trump would only say that, according to Castro, if he "thought it was something to praise."
"That statement was entirely consistent with everything he said leading up to the attack," Castro said, adding, "Senators, he reveled in this. He delighted in this."
Raskin rebutts Trump's defense with quip
House impeachment manager Rep. Jamie Raskin, D-Md., offered a quick quip in response to Trump's defense team during the Q&A portion.
"If you rob a bank and on the way out the door you yell, 'respect private property,' that's not a defense to robbing the bank," Raskin said in response to a question regarding Trump saying "stay peaceful" during the riot.
Trump's attorneys refuse to say Trump lost the election
Sen. Bernie Sanders, I-Vt., asked both sides whether they believe Trump actually won the election, a question that the president's entire effort to overturn the results was based upon.
After Plaskett explained that Trump, through the election and his numerous court cases that followed, definitively lost, it was the former president's attorneys turn to answer.
Van der Veen demanded to know which senator asked the question, looking out into the audience.
"I did!" Sanders snapped back.
Van der Veen then said whether or not he believes Trump won the election was "irrelevant to this proceeding."
GOP senator asks defense about Trump being pro-Israel, lawyer accuses managers of doctoring evidence
Sen. Kevin Cramer, R-N.D., asked, "Given the allegations of the House manager that President Trump has tolerated anti-Semitic rhetoric, has there been a more pro-Israel president than President Trump?"
"No, but it's apparent that nobody listened to what I said earlier today," Trump lawyer Michael van der Veen responded.
Van der Veen said that he isn't "having fun" and is having "the most miserable experience" he's ever had in Washington, D.C. "There's nothing fun about it."
He then suggested, without evidence, that House managers were "caught doctoring evidence."
Both sides asked to clarify Senate powers on conviction, removal and disqualification
Both sides were asked to clarify what powers the Senate has on conviction, removal and disqualification.
Trump's defense did not answer the question, directly, but instead excoriated a House manager for claims he made about the former president.
Lead impeachment manager Raskin said that the power to disqualify is derived from the power to convict, and further explained that the Senate can vote to convict without disqualifying the former president from running from office. Also, Raskin argued, a sitting president can be convicted and disqualified.
'There is a cost': Castro on Trump's months-long effort to delegitimize the election
Sen. Alex Padilla, D-Calif., asked the House managers how Trump's efforts to delegitimize the election, based on falsehoods, lead to the "radicalization of so many of his followers and the attack on the Capitol?"
Castro answered, saying the former president's months-long effort to delegitimize the election — including calling it rigged and stolen — was unlike anything ever seen in American politics before.
"There is a cost to doing that," Castro said. "They're listening to [Trump] in a way that they're quite honestly not listening to me or to us.
Earlier, van der Veen accused Castro of mischaracterizing a tweet in which Trump said Democrats would "fight to the death" if victims of a stolen election.
"If a Democrat Presidential Candidate had an Election Rigged & Stolen, with proof of such acts at a level never seen before, the Democrat Senators would consider it an act of war, and fight to the death," Trump wrote in late December. "Mitch & the Republicans do NOTHING, just want to let it pass. NO FIGHT!"
"He said they'd fight to the death," Castro said, adding that it was clear the meaning behind the tweet is "so you should fight to the death."
"Do we read that any other way?" he said.
Trump's defense asked constitutional question of impeaching former officeholders
Several Republican senators posed a question to Trump's defense team about the constitutionality of impeaching a former officeholder.
The lawmakers wondered since several states, such as Delaware and Vermont, had specific language in their state constitutions about impeaching former officeholders, if the Founding Fathers omitted that language on purpose when they later drafted the U.S. Constitution.
Trump's defense argued that the Founding Fathers did omit the language after reviewing state constitutions and making several drafts before arriving at the final version.
However, before the trial began the Senate voted that the chamber is the appropriate venue to put the former president on trial.
Plaskett: Decision on whether to convict Trump will be defining for U.S. around the world
Democratic Sens. Amy Klobuchar, Bob Casey and Sherrod Brown asked the managers what message will be sent to future presidents and Congresses if the Senate does not convict Trump.
Rep. Stacey Plaskett answered the question, pointing to the destruction of Jan. 6 amid the efforts to overturn the election "and thwart the transfer of power."
"And the world watched us," she said of the riot. "And the world is still watching us to see what we will do this day."
"Our actions will reverberate as to what are the future consequences," she said.
"[It's] decisions like this that will define us as a people, who America is," she added.