GOP divided over impeachment trial strategy

Divisions among Senate Republicans are muddying their strategy for a potential impeachment trial. 

As lawmakers await any articles from the House, they’re throwing out their own ideas on what the Senate proceeding should look like. 

But Republicans disagree over the length of a trial and who should be asked to testify — two issues that will need to be worked out as part of negotiations on the rules of the trial. 

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Sen. Rand PaulRandal (Rand) Howard PaulGOP threatens to weaponize impeachment witnesses amid standoff Paul predicts no Republicans will vote to convict Trump Graham on impeachment trial: 'End this crap as quickly as possible' MORE (R-Ky.) said he is considering forcing a vote on the Senate floor to try to allow the White House to call its preferred witnesses, including Hunter Biden. 

“The rules that are put forward will be amendable, and so yes I will consider strongly that the president should get his full due process, which to me means bringing in his own witnesses,” Paul said. 

Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamSenate GOP mulls speeding up Trump impeachment trial Democratic group plans mobile billboard targeting Collins on impeachment Paul predicts no Republicans will vote to convict Trump MORE (R-S.C.), meanwhile, says he wants the trial rules to exclude “hearsay” and that House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffDems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process The Hill's Morning Report — President Trump on trial GOP threatens to weaponize impeachment witnesses amid standoff MORE (D-Calif.) and the whistleblower should be called. 

“I’m not going to vote for any resolution that allows impeachment to be based on hearsay upon hearsay. I’m not going to vote for any resolution that denies the president the ability to confront his accuser,” Graham added. 

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process Senate GOP mulls speeding up Trump impeachment trial Republicans will pay on Election Day for politicizing Trump's impeachment MORE (R-Ky.) has largely declined to speculate on the specifics of the trial, except confirming that he expects there to be one. 

“My own view is that we should give people an opportunity to put the case on. The House will have presenters. The president will, no doubt, be represented by lawyers as well. On the issue of how long it goes on, it's really kind of up to the Senate,” McConnell said. 

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He added he thinks “it's impossible to predict how long we’ll be on it or predict which motions would pass. No way to know.” 

McConnell’s deputies have warned against getting too far ahead of the House’s impeachment inquiry. The House is weeks into its investigation into whether or not President TrumpDonald John TrumpNational Archives says it altered Trump signs, other messages in Women's March photo Dems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process Democratic lawmaker dismisses GOP lawsuit threat: 'Take your letter and shove it' MORE tied Ukraine aid to the country opening up an investigation into former Vice President Biden and his son Hunter Biden. 

Asked about calling the Bidens, Sen. John ThuneJohn Randolph ThuneSenate to vote on Trump's Canada, Mexico trade deal Thursday Senate braces for Trump impeachment trial Republicans face internal brawl over impeachment witnesses MORE (R-S.D.), McConnell’s No. 2, acknowledged that senators are throwing out a lot of ideas but called talk about potential witnesses “premature.” 

“I know some of our members are throwing some ideas and suggestions out there, but I think at this point it’s all kind of hypothetical,” he said. 

Sen. Roy BluntRoy Dean BluntSenate GOP mulls speeding up Trump impeachment trial Biden calls for revoking key online legal protection GOP threatens to weaponize impeachment witnesses amid standoff MORE (R-Mo.), another member of leadership, similarly warned that “we’re way ahead of ourselves” when asked about witness. 

While Senate Republicans view a trial as all but guaranteed, and the outcome largely prebaked, how broadly the House drafts its articles of impeachment, what the articles are and how many there are will all likely influence how long a trial lasts, and what witnesses need to be called. 

But that’s done little to stop Republicans from publicly brainstorming.

Some Republicans have pushed back hard at Paul and other who want to call the Bidens in for testimony. 

Sen. John CornynJohn CornynHillicon Valley: Biden calls for revoking tech legal shield | DHS chief 'fully expects' Russia to try to interfere in 2020 | Smaller companies testify against Big Tech 'monopoly power' Bipartisan group of senators introduces legislation to boost state cybersecurity leadership Koch network could target almost 200 races in 2020, official says MORE (R-Texas) warned against going down “rabbit trails” and Sen. Ron JohnsonRonald (Ron) Harold JohnsonHillicon Valley: Barr asks Apple to unlock Pensacola shooter's phone | Tech industry rallies behind Google in Supreme Court fight | Congress struggles to set rules for cyber warfare with Iran | Blog site Boing Boing hacked Congress struggles on rules for cyber warfare with Iran Senators set for briefing on cyber threats from Iran MORE (R-Wis.) said of calling on Hunter Biden: “I’m not sure what he would add.”

Sen. Mike LeeMichael (Mike) Shumway LeeSenators are politicians, not jurors — they should act like it Sens. Kaine, Lee: 'We should not be at war with Iran unless Congress authorizes it' Overnight Defense: War powers fight runs into impeachment | Kaine has 51 votes for Iran resolution | Trump plans to divert .2B from Pentagon to border wall MORE (R-Utah) opened the door to bringing in the anonymous whistleblower, whose complaint helped trigger the House impeachment inquiry. 

“I wouldn't rule out anything, especially with the House, ruling out all these witnesses, basically any witnesses who Republicans want to call. I think, if they make it that much more likely, that there is a mounting sentiment within the Senate to want to call everyone whom they rejected, or at least those we deem critical to the case,” Lee said during an interview with Fox News. 

Senate Intelligence Committee Chairman Richard BurrRichard Mauze BurrHillicon Valley: Apple, Barr clash over Pensacola shooter's phone | Senate bill would boost Huawei alternatives | DHS orders agencies to fix Microsoft vulnerability | Chrome to phase out tracking cookies Senators offer bill to create alternatives to Huawei in 5G tech Voting machine vendors to testify on election security MORE (R-N.C.) kicked off a firestorm of questions about the length of trial after he floated during an event in North Carolina that it could last six to eight weeks. 

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Asked about Burr’s suggestion, Sen. Kevin CramerKevin John CramerSenate GOP mulls speeding up Trump impeachment trial The Hill's Morning Report — President Trump on trial GOP threatens to weaponize impeachment witnesses amid standoff MORE (R-N.D.) quipped that Republicans were discussing ten weeks. 

“We’re thinking about maybe 10,” Cramer joked, before adding: “No I think it could be 10 minutes, frankly.” 

McConnell has used the Clinton impeachment trial as a rough guide, and a cadre of Republicans shot down Burr’s timeline, arguing there’s no reason it should go longer than the five-week Clinton trial. 

The time frame could have implications on the 2020 Democratic primary. If it doesn’t start until early January, even a trial the same length as Clinton’s would keep the five senators running for president in Washington, D.C., for six days a week until days after the Feb. 3 Iowa caucus. 

Others have acknowledged that they are being asked to largely shoot in the dark as they get non-stop questions from reporters hungry for details about what a potential impeachment trial could look like. 

“I don’t know,” said Sen. John KennedyJohn Neely KennedyMORE (R-La.), asked how long the trial should be. “I can’t answer that because I haven’t seen any of the testimony.” 

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Asked if he would support a motion to dismiss instead of going through a trial, he added: “I can’t answer that. I just can’t answer. You’re asking me to make a judgement when I haven’t seen the evidence.” 

The Clinton impeachment trial lasted five weeks, starting on Jan. 7, 1999, and wrapping on Feb. 13, 1999. The Senate passed a resolution at the start of the trial that laid out the procedure for filing motions, how long senators would get to ask questions and how witnesses would be called.

But a second resolution specifying which individuals would be called as witnesses faltered along party lines.

McConnell and Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSanders defends vote against USMCA: 'Not a single damn mention' of climate change Schumer votes against USMCA, citing climate implications Senators are politicians, not jurors — they should act like it MORE (D-N.Y.) are expected to try to negotiate an agreement on rules for the impeachment trial. The resolution would only need a simple majority to pass. 

It would also, according to aides, be amendable on the floor, setting up a potential opening for conservatives, or 2020 candidates, to try to force votes on the floor.

Schumer knocked down questions about the trial during a weekly leadership press conference, saying while Democrats don’t want a trial “truncated,” questions about the details are “premature.” 

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“Leader McConnell has not come to us at this point. I don't take any umbrage to that. ... And remember, any discussion is also going to involve the House prosecutors. Who do they want to call? Because they're running the trial. And the President's defenders and who they want. So, it's too early,” Schumer added. 

Sen. Dick DurbinRichard (Dick) Joseph DurbinOvernight Defense: Book says Trump called military leaders 'dopes and babies' | House reinvites Pompeo for Iran hearing | Dems urge Esper to reject border wall funding request Senate Dems urge Esper to oppose shifting Pentagon money to border wall Trump's trial a major test for McConnell, Schumer MORE (D-Ill.) added that Democrats wouldn’t try to shorten a trial just to help the senators running for the White House but warned the GOP against trying to play games. 

“This is a serious matter, it shouldn’t be an object of political gamesmanship,” Durbin said. 

Asked about the chatter from some Republicans on wanting to call the Bidens, he added: “the next thing they’re going to want is Hillary ClintonHillary Diane Rodham ClintonSupreme Court agrees to hear 'faithless elector' cases Poll: Sanders holds 5-point lead over Buttigieg in New Hampshire Climate 'religion' is fueling Australia's wildfires MORE. They're just trying to find the next level of political drama.”