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Live Updates: GOP Senate could take up Trump impeachment day before Biden inauguration at earliest, McConnell says - CNBC

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Defense Department calls deadly Capitol riots 'first amendment protests' in response timeline

Aerial view of the Pentagon building photographed on Sept. 24, 2017.

Bill Clark | CQ-Roll Call Group | Getty Images

The U.S. Defense Department called Wednesday's pro-Trump riots "first amendment protests" in an official memorandum outlining the D.C. National Guard's response that day.

The memo was issued by the office of the acting Defense secretary. The president fired Defense Secretary Mark Esper in November and replaced him with Christopher Miller, former director of the National Counterterrorism Center.

The police response to the mob of armed rioters who stormed the Capitol has been criticized as lenient, especially in comparison to police response to nonviolent 2018 climate change protests at the Capitol, as well as nationwide protests following the killing of George Floyd in May.

Some former U.S. national security officials have also questioned federal law enforcement's lack of preparedness to prevent the Capitol siege.

Five people died in the mob attack on Congress, including a police officer. CNBC has reached out to the Defense Department for comment.

Emma Newburger

Man pictured carrying Pelosi's lectern at Capitol riots arrested in Florida

Protesters enter the U.S. Capitol Building on January 06, 2021 in Washington, DC. Congress held a joint session today to ratify President-elect Joe Biden's 306-232 Electoral College win over President Donald Trump.

Win McNamee | Getty Images

The man pictured earlier this week at the riots in the U.S. Capitol leaving the House chambers with Speaker Nancy Pelosi's lectern was arrested Friday in Florida, The Miami Herald reported.

Florida resident Adam Christian Johnson, 36, is being held on a federal warrant, records from the Pinellas County Sheriff's Office show. The Herald reported that Johnson was among those sought by the Federal Bureau of Investigation for involvement in the mob violence on Wednesday.

"Just because you've left the D.C. region, you can still expect a knock on the door if we find out that you were part of criminal activity inside the Capitol," Steven D'Antuono, assistant director of the FBI's Washington field office, said Friday on a conference call with reporters. "Bottom line—the FBI is not sparing any resources in this investigation."

Adam Christian Johnson, who was arrested on a federal warrant, poses in a Pinellas County jail booking photograph released January 9, 2021.

PCSO | via Reuters

—Will Feuer

Michael Cohen says he's cooperating with agencies investigating Trump and his family

Michael Cohen, President Donald Trump's former lawyer, leaves his apartment to report to prison in Manhattan, New York, May 6, 2019.

Jeenah Moon | Reuters

President Donald Trump's former personal lawyer Michael Cohen said Friday that he's cooperating with government agencies that are investigating the president and his family.

"I have been asked and have agreed to cooperate with multiple government agencies to provide testimony on the wrongdoing by #Trump and the #TrumpFamily," Cohen wrote in a tweet. "I am doing this in large part as #Trump and family have tried, and thankfully failed, to destroy America's democracy."

Cohen, who served Trump for years as a lawyer, is serving the remainder of a three-year criminal sentence under home confinement amid the coronavirus pandemic.

— Emma Newburger

Murkowski first GOP senator to call for Trump to resign — 'I want him out'

Senator Lisa Murkowski, a Republican from Alaska, speaks during a Senate Health, Education, Labor and Pensions Committee hearing on efforts to get back to work and school during the coronavirus disease (COVID-19) outbreak, in Washington, D.C., June 30, 2020.

Al Drago | Pool | Reuters

Alaska Sen. Lisa Murkowski is the first Republican senator to call openly for President Trump's resignation in the wake of the mob attack on the U.S. Congress that left 5 people dead.

"I want him to resign. I want him out. He has caused enough damage," Murkowski, who has often bucked her party, told The Anchorage Daily News.

"I think he should leave. He said he's not going to show up. He's not going to appear at the inauguration. He hasn't been focused on what is going on with Covid," she said. "He's either been golfing or he's been inside the Oval Office fuming and throwing every single person who has been loyal and faithful to him under the bus, starting with the vice president."

"He doesn't want to stay there. He only wants to stay there for the title. He only wants to stay there for his ego. He needs to get out. He needs to do the good thing, but I don't think he's capable of doing a good thing," Murkowski said.

The Alaska Republican did not comment directly on whether she would support impeachment. It's unclear how much support a second impeachment trial would garner in the GOP-controlled Senate. It takes a two-thirds vote in the chamber to convict a president and remove him from office.

Sen. Ben Sasse, R-Neb., told CBS Friday that he would "definitely consider whatever articles" the House of Representatives would submit. "As I've told you, I believe the president has disregarded his oath of office ... What he did was wicked," Sasse said.

—Spencer Kimball

McConnell: Senate can't take up impeachment until Jan. 19

Senate Majority Leader Mitch McConnell, a Republican from Kentucky, center, wears a protective mask while walking through the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Dec. 30, 2020.

Ting Shen | Bloomberg | Getty Images

Republican Senate Majority Leader Mitch McConnell told his caucus in a memo that the chamber cannot take up impeachment until Jan. 19 at the earliest.

That's a day before President-elect Joe Biden is inaugurated and Trump leaves office. The Senate is currently in recess and only holding pro forma sessions every three days, with one scheduled for Jan. 12 and another for Jan. 15.

McConnell, R-Ky., said it would take unanimous consent from all 100 senators to conduct any kind of business, including impeachment, during the pro forma sessions. Obtaining unanimous consent is unlikely given Republican control of the Senate.

McConnell's position on Trump's future is unclear. Transportation Secretary Elaine Chao, McConnell's wife, resigned from Trump's Cabinet over the U.S. Capitol riots.

— Spencer Kimball

Pelosi gives Trump ultimatum: Resign or face impeachment

The day after hundreds of rioters stormed the U.S. Capitol, Speaker of the House Nancy Pelosi again said that Vice President Mike Pence should invoke the 25th Amendment to remove President Donald Trump from office or she will begin impeachment proceedings against the President during a press conference on Capitol Hill in Washington, DC January 7, 2021.

Melina Mara | The Washington Post | Getty Images

House Speaker Nancy Pelosi, D-Calif., is calling for President Donald Trump to resign from office or face an unprecedented second impeachment.

Pelosi told the House of Representatives on Friday to move forward with impeachment next week if Trump does not resign from office for stoking a mob that attacked the U.S. Congress Wednesday, resulting in five deaths.

Rep. Jamie Raskin, D-Md., David Cicilline, D-R.I., and Ted Lieu, D-Calif., plan to introduce at least one article of impeachment on Monday. A draft article obtained by NBC News charges Trump with "incitement to insurrection."

—Spencer Kimball

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