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by Countable's Trump Impeachment Coverage | 1.30.20

What’s the story?

Senators on Thursday will continue asking impeachment-related questions to President Donald Trump's defense team and the House Democratic impeachment managers.
Senators submit written questions that will be read aloud by Chief Justice John Roberts, who is presiding over the trial. The questions can be directed toward either the president’s counsel, the House managers, or potentially both.

Hanging over the trial: whether to call former national security adviser, John Bolton, to testify. Bolton alleges in his forthcoming book that the president explicitly told him $391 million in security assistance to Ukraine was conditioned on investigations into Democrats, including former Vice President Joe Biden.

Key moments from Wednesday's session

Republicans on the fence asked if senators should consider whether Trump had multiple motives for holding up aid to Ukraine. The response:

\"If there is any possibility, if there is something that shows a possible public interest and the president could have that possible public interest motive—that destroys [Democrats'] case,\" said Patrick Philbin, deputy counsel to the president.

House impeachment manager Adam Schiff (D-CA), however, said that \"if you have any question about the president's motivation, it makes it all the more essential to call the man who spoke directly with the president, that the president confided in and said he was holding up this aid because he wanted Ukraine to conduct these political investigations that would help in the next election. Don't wait for the book.\"
White House lawyer Alan Dershowitz argued that a quid pro quo in pursuit of reelection isn't impeachable:

\"If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.\"

Schiff was incredulous over the above statement, and responded:

\"All quid pro quos are fine, it's carte blanche? Is that really what we're prepared to say?\"

Dershowitz also argued that removing Trump based on abuse of power would \"destroy\" the criteria for impeachment:

\"Bribery, a serious crime, or other high crimes and misdemeanors. Crimes or misdemeanors akin to treason and bribery. That's what the framers intended.\"

Schiff also responded to the above, saying:

\"If we are to interpret the Constitution now as saying that a president can abuse their power... None of the founders would have accepted that kind of reasoning.\"

What’s next?

Friday is shaping up to be a pivotal day in the Trump impeachment trial, as the question of whether to call witnesses is expected to be addressed. The Senate will likely consider a variety of motions offered by senators, and the order in which they’ll be considered isn’t yet clear.
Among those that may be considered are motions to allow a sort of “witness parity” in which Republicans and Democrats each call a witness of their choosing; motions to call specific witnesses (such as John Bolton or Hunter Biden); motions to enter a period of deliberation ahead of a vote on the conviction or acquittal of President Trump; and motions to forego witnesses altogether and move directly to a vote on conviction or acquittal.
If the Senate votes to call a witness or group of witnesses, the trial is likely to continue indefinitely and issues such as the format for questioning will have to be addressed. There also may be legal challenges to an effort to compel witness testimony that has to be resolved through the courts.
If the Senate declines to call witnesses, a vote on the conviction or acquittal of President Trump on the two articles of impeachment could occur as early as Friday or Saturday.

— Josh Herman & Eric Revell

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