House Impeachment managers started their argument in the Senate trial of former President Donald Trump Tuesday afternoon (Feb. 9) with a video montage of the President's speech to supporters and the Capitol Insurrection that followed, filled with F-word expletives' that broadcast nets ran with "explicit content" warnings.

There is a general exemption for news broadcasts from the FCC's rules against profanity during daytime hours.

Also Read: Donald Trump Makes First Amendment Impeachment Defense

The montage was interspersed with interstitial text, like "Trump's Mob Breaches the Capitol," that linked the former president directly to the actions that followed, which the unsparing video did not leave to the imagination. 

Following the sobering video, lead impeachment manager Rep. James Raskin (D-Md.) said that if that was not an impeachable offense, "then there was no such thing."

In Washington, the ABC, CBS and NBC  affiliates and owned stations all preempted special programming for their respective network's live coverage of the opening of the trial, while Fox's WTTG-TV instead aired regular programming. Fox had pointed out that it would provide its affiliates broadcast coverage, but that they could also livestream it if they wanted to also offer regular programming. 

By three and a half hours into the arguments, only CBS affiliate WUSA-TV was still going live with the trial. The other stations had switched to their local news.

Also Read:  Senate Receives Trump Articles of Impeachment

The House has already impeached Trump for inciting the mob, the second time the former President has been impeached. 

Initial arguments are on whether the Senate trial is constitutional because the President can no longer be removed from office since he is already gone.

President Trump's defense team, led by Bruce Castor, pushed back on the video, but not on "the violence of the rioters and those that breached the Capitol." He said to have the seat of government attacked is repugnant and the loss of life horrific. 

Castor said it was natural to recoil and desire retribution for that "awful thing," suggesting the prosecution's 13-minute video was meant to provoke that emotional response, just as people can be overcome by events and act without reflective thought.

Trump attorney David Schoen said Democrats had created, manufactured and spliced together a package designed to frighten, as though impeachment was a "blood sport," and that it would serve to tear the country apart, suggesting it would have no precedent except in one case, obviously a reference to the Civil War.

Both Castor and Schoen argued that the impeachment was a political exercise to eliminate Donald Trump as a political opponent and, as Schoen put it, disenfranchise  75 million voters.

Trump's team presented their own video montage of Democrats calling for Trump's impeachment almost from the day he was sworn in, resulting in the fastest impeachment inquiry in history and a rush to judgment, though Schoen called that an understatement.

President Donald Trump has nominated FCC commissioner Michael O'Rielly for a new, five-year term. 

O'Rielly's term expired at the end of June 2019, but commissioners can continue to serve until the close of the next Congress. 

The new term would start July 1, 2019.  

Related: O'Rielly Warns Broadcasters Not to Abuse KidVid Flexibility

“NAB strongly supports the renomination of Mike O’Rielly to the FCC," said National Association of Broadcasters president Gordon Smith. "Without question, commissioner O’Rielly has served in this position with class, integrity and distinction. On a personal note, I’ve known Mike since his days as a Capitol Hill staffer, and I am so pleased with this reappointment. I urge my former colleagues in the Senate to swiftly confirm him.” 

O'Rielly is a deregulatory conservative who favors lifting media ownership rules given the rise of competition from cable and broadband and satellite, and was instrumental in loosening KidVid regs on TV stations. 

"I am deeply appreciative of the President’s decision and his aggressive leadership on communications policy, including extensive efforts to bring broadband access to all Americans," said O'Rielly. 

“During my tenure at the Commission, I have advocated for preserving and advancing American free market principles to develop common sense regulation and eliminate unnecessary rules that hurt consumers. I hope to continue this work should the Senate decide to approve my nomination. 

“As we face the monumental challenges currently confronting our nation, it is gratifying to watch the private and public sectors pulling together to rise to the occasion. Our work at the Commission persists, meeting the needs of the millions of American businesses, workers, families, and students facing unique communications needs and issues." 

"History will be our final Judge. Will senators rise to the occasion?" With that question from Democrat Chuck Schumer (D-N.Y.), the Senate closed out regular business Tuesday, Jan. 21, preparing to gavel in the first impeachment since Bill Clinton, only the third Senate trial of a President, and the first of the Twitter age.

On CNN, legal analyst Jeffrey Toobin was calling the Senate plans for a speedy trial without witnesses a sham that would go down in shame, while commenting on Fox, Rep. Jim Jordan (R-Ohio), one of the President's defense team, said that the facts were with the President, which was why a speedy acquittal was in the cards.

In Washington, the affiliates of ABC, CBS, and NBC, were all going with live special reports, while the Fox affiliate was going with its counter-programming strategy of sticking with syndicated fare while streaming its live news coverage of the trial online.

The gallery was warned of keeping quiet on penalty of imprisonment.

The trial began by not really beginning. That is, with dueling resolutions regarding the process for holding the trial. The first was from Sen. Mitch McConnell (R-Ky.) setting the rules, including confining the material to what has already been considered by the House in its impeachment inquiry, subject to hearsay objections, if any, by the President.  

No testimony would be admissible unless the witness can be deposed. Democrats objected, beginning what will be hours of debate on how the trial should be conducted.  

Pat Cipollone, lead defense attorney for the President said there would be 24 hours--over three days--for opening statements by the Dems, then the same for the Republicans--followed by 16 hours for questions. After which they would consider the question of witnesses.  

Rep. Adam Schiff (D-Calif.), lead House manager for the Dems, said they would prove that the President illegally withheld funds to Ukraine (thus coersing a foreign nation) to help him cheat in the 2020 election, part of what he called the "absolute trifecta of constitutional misconduct." He called the Trump the "very evil" the Constitution was designed to prevent. 

Cippolone said that once the Senators had heard the opening statements, the only conclusion they could draw was that the President had did "absolutely nothing wrong." 

The opposing motion, from Sen. Schumer, was what the Dems said was necessary insure there would be a fair trial, so that the senators did not only see part of the evidence. He said if the House can't introduce documents or evidence, it was not only not a fair trial, but was not a trial at all. 

He said only allowing a recounting of the impeachment transcripts was a mockery of a trial. He said witnesses must be allowed to be called, and the Senate have access to documents subpoenaed from the President that have so far been blocked, so they know which witnesses need to be called.

Asked whether the President would be watching the coverage, press secretary Stephanie Grisham said: "He has a full day here in Davos, but will be briefed by staff periodically."