Photo: Ira L. Black/Corbis via Getty Images

Confronted with a mountain of damaging facts heading into tomorrow's opening of the public phase of impeachment, House Republicans plan to argue that "the President's state of mind" was exculpatory.

The state of play: "To appropriately understand the events in question — and most importantly, assess the President's state of mind during his interaction with [Ukrainian] President Zelensky — context is necessary," says the 18-page staff memo, circulated to committee members last night.

  • "The evidence gathered does not establish an impeachable offense," the memo concludes.

Why it matters: By focusing their defense on intangibles like impeachability and President Trump's mindset, House Republicans don't depend on undercutting a narrative that has been bolstered by witness after witness.

  • Republican senators, who would vote on whether to remove President Trump if the House impeached him, are also thinking this way.
  • Sen. John Kennedy (R-La.) told the WashPost 10 days ago: "To me, it all turns on intent, motive. ... Did the president have a culpable state of mind?"

The memo points to "four key pieces of evidence" to try to undermine Democrats' arguments for why the president should be impeached:

  1. "The July 25 call summary — the best evidence of the conversation — shows no conditionality or evidence of pressure."
  2. "President Zelensky and President Trump have both said there was no pressure on the call."
  3. "The Ukrainian government was not aware of a hold on U.S. security assistance at the time of the July 25 call."
  4. "President Trump met with President Zelensky and U.S. security assistance flowed to Ukraine in September 2019 — both of which occurred without Ukraine investigating President Trump's political rivals."

Between the lines: The memo fails to consider counterarguments that Democratic members have been making for weeks.

  • It cites witnesses like Bill Taylor, the top U.S. diplomat in Ukraine, to argue that Ukraine was not aware of the hold on military aid. It doesn't, however, address the core claims at the heart of several explosive depositions.
  • Chief among them is the fact that top officials involved in Ukraine policy, including Taylor and EU Ambassador Gordon Sondland, were under the impression that there was a quid pro quo involving aid, and that they communicated that understanding to their Ukrainian counterparts.

🥊 What's next: Look for Democrats to begin using the phrase "cheating our democracy."

Go deeper: Read the memo.

Go deeper

Biden: The next president should decide on Ginsburg’s replacement

Joe Biden. Photo: Drew Angerer / Getty Images

Joe Biden is calling for the winner of November's presidential election to select Ruth Bader Ginsburg's replacement on the Supreme Court.

What he's saying: "[L]et me be clear: The voters should pick the president and the president should pick the justice for the Senate to consider," Biden said. "This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election. That's the position the United States Senate must take today, and the election's only 46 days off.

Trump, McConnell to move fast to replace Ginsburg

Photo: Alex Wong/Getty Images

President Trump will move within days to nominate his third Supreme Court justice in just three-plus short years — and shape the court for literally decades to come, top Republican sources tell Axios.

Driving the news: Senate Majority Leader Mitch McConnell and Senate Republicans are ready to move to confirm Trump's nominee before Election Day, just 46 days away, setting up one of the most consequential periods of our lifetimes, the sources say.

Updated 8 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 10 p.m. ET: 30,393,591 — Total deaths: 950,344— Total recoveries: 20,679,272Map.
  2. U.S.: Total confirmed cases as of 10 p.m. ET: 6,722,699 — Total deaths: 198,484 — Total recoveries: 2,556,465 — Total tests: 92,163,649Map.
  3. Politics: In reversal, CDC again recommends coronavirus testing for asymptomatic people.
  4. Health: Massive USPS face mask operation called off The risks of moving too fast on a vaccine.
  5. Business: Unemployment drop-off reverses course 1 million mortgage-holders fall through safety netHow the pandemic has deepened Boeing's 737 MAX crunch.
  6. Education: At least 42% of school employees are vulnerable.