Cruz: White House not expected to push motion to dismiss impeachment articles

Cruz: White House not expected to push motion to dismiss impeachment articles
© Greg Nash

Sen. Ted CruzRafael (Ted) Edward CruzTrump banking proposal on fossil fuels sparks backlash from libertarians Former CIA head, Cruz trade jabs over killing of Iranian nuclear scientist: 'You are unworthy to represent the good people of Texas' O'Brien on 2024 talk: 'There's all kinds of speculation out there' MORE (R-Texas), one of President TrumpDonald John TrumpTrump rages against '60 Minutes' for interview with Krebs Cornyn spox: Neera Tanden has 'no chance' of being confirmed as Biden's OMB pick Pa. lawmaker was informed of positive coronavirus test while meeting with Trump: report MORE’s loyal allies in the Senate, says the White House defense team is not likely to push for a motion to dismiss the articles of impeachment.

Under the organizing resolution introduced by Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellFive things to know about Georgia's Senate runoffs Obama chief economist says Democrats should accept smaller coronavirus relief package if necessary Memo to Biden: Go big — use the moment to not only rebuild but to rebuild differently MORE (R-Ky.), Trump’s legal team would be allowed to offer a motion to dismiss once the Senate ratifies its rules for the trial, but Cruz says he does not expect that to happen.

“I don’t,” Cruz said when asked whether he thought White House counsel Pat Cipollone will press for a dismissal.


“I don’t think we’re going to see a dismissal, and I think a dismissal is not nearly as good an outcome for the president and the country as will be a final judgment on the merits,” he added.

McConnell’s organizing resolution gives the White House the right to make a motion to dismiss right after the trial rules are adopted.

Senate Republicans have cautioned for weeks that a motion to dismiss does not have the 51 votes need to pass.

The president’s defense team and House impeachment managers have until 9 a.m. Wednesday to file motions permitted under the Senate’s rules of impeachment.

“We’re going to give each side 24 hours to present their case. We’re going to have up to 16 hours of questions from senators, and then we’re going to have a vote on whether additional witnesses, additional documents are necessary,” Cruz said.

If senators vote to hear from witnesses, Cruz predicted, the trial could extend “for many weeks or even months.”


“If the vote is no, then what I think is likely is the Senate will move to final judgement and it will end with an acquittal, with each senator voting guilty or not guilty,” he said.

Cruz said the impeachment standard is clear. The president can be removed from office only if he is found guilty of “treason, bribery or high crimes and misdemeanors.”

“You saw very little today about satisfying that constitutional standard from the House managers,” he added.