Republicans face internal brawl over impeachment witnesses

Senate Republicans are barreling toward a high-profile fight on impeachment witnesses — one of the biggest wild cards of President TrumpDonald TrumpMyPillow CEO to pull ads from Fox News Haaland, Native American leaders press for Indigenous land protections Simone Biles, Vince Lombardi and the courage to walk away MORE’s trial.

With the House expected to send the articles across the Capitol as early as Wednesday, GOP senators are slated to pass a resolution on trial rules next Tuesday that would punt a decision on whether to call witnesses for roughly two weeks.

There are already signs of division in the Republican caucus over whether witnesses are needed and, if so, who would be on that list.


Asked if he had concerns the witness debate could get “messy,” Sen. John ThuneJohn Randolph ThuneSenate votes to take up infrastructure deal Senators say they have deal on 'major issues' in infrastructure talks Senators reach billion deal on emergency Capitol security bill MORE (S.D.), the No. 2 Senate Republican, said “that’s the state of play.”

“If that door is opened … then both sides are obviously going to want to call witnesses, and then you’re going to have probably individual votes on individual potential witnesses that people want to call,” Thune said.

Democrats would need to peel off four GOP senators in order to call preferred witnesses such as former national security adviser John BoltonJohn BoltonWant to evaluate Donald Trump's judgment? Listen to Donald Trump Will Pence primary Trump — and win? Bolton: Trump lacked enough 'advance thinking' for a coup MORE and acting White House chief of staff Mick MulvaneyMick MulvaneyHeadhunters having hard time finding jobs for former Trump officials: report Trump holdovers are denying Social Security benefits to the hardest working Americans Mulvaney calls Trump's comments on Capitol riot 'manifestly false' MORE.

Thune stopped short of saying there are four Republicans who would vote to subpoena witnesses, saying he didn’t want to be “handicapped.” But he added Senate Republicans “have members … [that] want to hear from witnesses.”

The debate, which comes as lawmakers are finalizing the rules resolution, sets the stage for the kind of divisive floor fight GOP leaders have tried to avoid.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellAn August ultimatum: No recess until redistricting reform is done After police rip Trump for Jan. 6, McCarthy again blames Pelosi The Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands MORE (R-Ky.) knocked Democrats’ request for witnesses beyond those who spoke with the House during its inquiry, arguing they are trying to turn the impeachment trial into a fishing expedition.


“If the existing case is strong, there’s no need for the judge and the jury to reopen the investigation. If the existing case is weak, House Democrats should not have impeached in the first place,” McConnell said from the Senate floor.

He also sent a warning shot to Democrats, and his own caucus, when asked Tuesday during a weekly press conference about calling former Vice President Joe BidenJoe BidenFirst lady leaves Walter Reed after foot procedure Biden backs effort to include immigration in budget package MyPillow CEO to pull ads from Fox News MORE’s son Hunter Biden to testify, saying: “I can’t imagine that only the witnesses that our Democratic colleagues would want to call would be called.”

The comments come after McConnell sent a similar warning last month, during an interview with Fox News Radio, that if Democrats successfully called a witness then he expected Republicans would want to hear from Hunter Biden and the whistleblower.

“You can see here that this would be a kind of mutual assured destruction episode that would go on for a long time,” McConnell said, adding that his preference would be for no witnesses.

On one side, Sen. Rand PaulRandal (Rand) Howard PaulThe Hill's Morning Report - Presented by Facebook - A huge win for Biden, centrist senators Only two people cited by TSA for mask violations have agreed to pay fine Senators reach billion deal on emergency Capitol security bill MORE (R-Ky.) and conservative Republicans are warning they will force votes on controversial witnesses like Hunter Biden and the whistleblower if some of their colleagues support Democrats’ request for individuals like Bolton.

“I don’t think we should selectively call just witnesses that don’t like the president,” Paul said Tuesday, while specifying that his first preference is for no witnesses.

Paul added that if his GOP colleagues backed a subpoena for Bolton or other Democratic-supported witnesses and “vote against the president bringing in witnesses, it’s not going to really be very helpful for them with the Republican base.”

Sen. Ted CruzRafael (Ted) Edward Cruz228 Republican lawmakers urge Supreme Court to overrule Roe v. Wade GOP, Democrats battle over masks in House, Senate Human rights can't be a sacrificial lamb for climate action MORE (R-Texas) added that if senators support calling a witness sought by House managers they also need to support calling Trump’s preferred witnesses.

“If the Senate decides to allow the prosecution to call yet more witnesses, after all the witnesses they had in the House, they now want to call more witnesses … the defense needs to be able to call at a minimum an equal number of witnesses, and witnesses of their choice,” Cruz told conservative radio host Hugh Hewitt on Tuesday.

The internal Republican haggling comes after McConnell announced that he has the votes to sideline Democrats and pass the rules for the trial with only Republicans.

But Democrats believe a steady stream of new reports, and Bolton’s public offer to testify, are helping build pressure on Republicans to support some witnesses — either live or in closed-door depositions. Bolton’s lawyer, in particular, has said he will have information relevant to the trial. Democrats are expected to force votes on witnesses at the beginning and middle of the trial.

“The American people want a fair trial in the Senate. The American people know that a trial without witnesses and documents is not a real trial, it’s a sham trial, and the American people will be able to tell the difference,” Senate Minority Leader Charles SchumerChuck SchumerAn August ultimatum: No recess until redistricting reform is done Biden to meet with 11 Democratic lawmakers on DACA: report Schumer's moment to transform transit and deepen democracy MORE (D-N.Y.) said.


A small group of Republicans, including Sen. Susan CollinsSusan Margaret CollinsTop Democrat: 'A lot of spin' coming from White House on infrastructure Bill would honor Ginsburg, O'Connor with statues at Capitol The Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands MORE (Maine), is working to ensure that language that leaves the door open to either side trying to call witnesses makes its way into the Senate rules resolution.

Collins — when asked about the argument that if one side successfully calls witnesses then the other should be able to as well — reiterated that she wants both sides to be able to request witnesses. A majority of the Senate, where Republicans hold a 53-47 advantage, has to vote to call a witness.

“Both sides should certainly have the right to call witnesses,” she said. “If you’re going to be fair, you … can’t just give that to one side.”

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyThe Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands The Hill's Morning Report - Presented by Facebook - A huge win for Biden, centrist senators The 17 Republicans who voted to advance the Senate infrastructure bill MORE (R-Utah) indicated this week that he would vote to hear from Bolton during the trial.

“I support the Clinton model, which means that we will have opening arguments first. Then we’ll have a vote on witnesses and at that stage I presume I’ll be voting in favor of hearing from John Bolton, perhaps among others. That could change,” Romney said. 

Asked if he thought that obligated him to also support calling Hunter Biden or the whistleblower, he said he would make a decision if it comes to that.

“I’d presume if we’re going to have any witnesses, we’ll have witnesses from both sides,” he said.