Senate rejects impeachment witnesses, setting up Trump acquittal

Senate Republicans rejected a mid-trial effort to call witnesses and documents on Friday, paving the way for President TrumpDonald John TrumpMichael Flynn transcripts reveal plenty except crime or collusion 50 people arrested in Minneapolis as hundreds more National Guard troops deployed Missouri state lawmaker sparks backlash by tweeting 'looters deserve to be shot' MORE’s acquittal on two articles of impeachment passed by the House.

Senators voted 49-51, with Republican Sens. Mitt RomneyWillard (Mitt) Mitt RomneyDemocrats broaden probe into firing of State Department watchdog Coronavirus and America's economic miracle Former Romney strategist joins anti-Trump Lincoln Project MORE (Utah) and Susan CollinsSusan Margaret CollinsDemocrats gear up to hit GOP senators on DACA OVERNIGHT ENERGY: Trump administration gives renewables more time to take advantage of tax credits | House Republicans introduce bill to speed mining projects for critical minerals | Watchdog faults EPA communications in contamination of NC river The Hill's Coronavirus Report: Unemployment claims now at 41 million with 2.1 million more added to rolls; Topeka mayor says cities don't have enough tests for minorities and homeless communities MORE (Maine) breaking ranks to join Democrats in voting for witnesses. Fifty-one votes were needed to approve witnesses.

The vote is a significant win for Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSchumer to GOP: Cancel 'conspiracy hearings' on origins of Russia probe Overnight Health Care: Trump says US 'terminating' relationship with WHO | Cuomo: NYC on track to start reopening week of June 8 | COVID-19 workplace complaints surge 10 things to know today about coronavirus MORE (R-Ky.) and Trump, letting them bypass a messy floor fight over hearing testimony from former national security adviser John BoltonJohn BoltonHave the courage to recognize Taiwan McConnell says Obama administration 'did leave behind' pandemic plan Trump company lawyer warned Michael Cohen not to write 'tell-all' book: report MORE and other witnesses.

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The GOP leader has said publicly and privately that he did not want witnesses, warning that it set up a “mutually assured destruction” because both sides would call controversial witnesses. 

"There is no need for the Senate to re-open the investigation which the House Democratic majority chose to conclude and which the Managers themselves continue to describe as 'overwhelming' and 'beyond any doubt,'" McConnell said.

"Never in Senate history has this body paused an impeachment trial to pursue additional witnesses with unresolved questions of executive privilege that would require protracted litigation. We have no interest in establishing such a new precedent, particularly for individuals whom the House expressly chose not to pursue," the GOP leader continued in his statement. 

"Senators will now confer among ourselves, with the House Managers, and with the President’s counsel to determine next steps as we prepare to conclude the trial in the coming days."

Whether or not witnesses would be called was the big wildcard of Trump’s trial, as the president's acquittal has been all but guaranteed in the GOP-controlled body, where 67 votes are needed for conviction. 

The witness fight reached a fever pitch in the days leading up to Friday’s vote as Republicans faced intense pressure to call Bolton after The New York Times reported that he will claim, in his upcoming memoir, that Trump tied Ukraine aid to the country helping investigate Democrats, including former Vice President Joe BidenJoe BidenTrump campaign launches Asian Pacific Americans coalition Biden: 'More than one African American woman' being considered for VP Liberal group asks Klobuchar to remove herself from VP consideration because of prosecutorial record MORE and his son Hunter Biden. 

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Bolton’s allegation threatened to upend McConnell’s plan for a quick trial, and Republicans threw out a range of potential responses from requesting that the White House send over a copy of the unpublished manuscript to subpoenaing Bolton himself, who has offered to testify. 

Sen. John ThuneJohn Randolph ThuneFrustration builds in key committee ahead of Graham subpoena vote  The Hill's Morning Report - Presented by Facebook - US death toll nears 100,000 as country grapples with reopening GOP faces internal conflicts on fifth coronavirus bill MORE (R-S.D.), the chief GOP vote counter, declined to say as late as Thursday that he thought they had a lock on the votes.

Democrats wanted to call four witnesses and compel the administration to hand over documents related to the delayed Ukraine aid. In addition to Bolton they wanted to hear from acting chief of staff Mick MulvaneyMick Mulvaney12 things to know today about coronavirus Mulvaney: 'We've overreacted a little bit' to coronavirus The Memo: Trump agenda rolls on amid pandemic MORE; Robert Blair, a Mulvaney adviser; and Michael Duffey, an Office of Management and Budget (OMB) staffer. 

The Senate’s Friday vote was on if it would be in order to consider new witnesses or documents. If Democrats had succeeded, which would have required the support of four GOP senators, both sides would have been able to make motions for specific individuals. The Senate would then have had subsequent votes on those requests. 

But Republicans warned their colleagues that if they agreed to call Bolton, they were paving the way for a messy floor fight and likely a protracted legal battle that could leave the trial in limbo for months. 

“I think people are just now beginning to understand that ... it’s not just one witness and it could entail months of delay,” said Sen. John CornynJohn CornynGOP senators urge Trump not to restrict guest worker visas Castro, Warren, Harris to speak at Texas Democratic virtual convention Democratic unity starts to crack in coronavirus liability reform fight MORE (R-Texas). 

Pat Philbin, a member of Trump’s legal team, warned during opening arguments that the president had a “long list” of witnesses he wanted to call if Bolton was subpoenaed. 

Trump had indicated he would invoke executive privilege to try to prevent Bolton from testifying, arguing that allowing his former adviser to testify could set him to discuss, or be asked about, sensitive national security matters.  

McConnell had only three votes to lose in the battle, but after Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderSenate GOP chairman criticizes Trump withdrawal from WHO Trump: US 'terminating' relationship with WHO Soured on Fox, Trump may be seeking new propaganda outlet MORE (R-Tenn.) late Thursday announced he would oppose new witnesses, it was clear he would win.

On Friday, Sen. Lisa Murkwoski (R-Alaska) said she would not vote to allow witnesses, ensuring there would not be a tie vote that might raise the question of involvement by Supreme Court Chief Justice John Roberts, who is presiding over the trial. 

“Given the partisan nature of this impeachment from the very beginning and throughout, I have come to the conclusion that there will be no fair trial in the Senate. I don’t believe the continuation of this process will change anything. It is sad for me to admit that, as an institution, the Congress has failed,” Murkowski said. 

Alexander explained his decision by saying that while Trumps’s behavior was “inappropriate,” it was not impeachable. He said there was no need to hear more evidence on the matter.

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Sen. Ben SasseBenjamin (Ben) Eric SasseHillicon Valley: Lawmakers demand answers on Chinese COVID hacks | Biden re-ups criticism of Amazon | House Dem bill seeks to limit microtargeting Lawmakers ask for briefings on Chinese targeting of coronavirus research On The Money: GOP senators heed Fed chair's call for more relief | Rollout of new anti-redlining laws spark confusion in banking industry | Nearly half of American households have lost employment income during pandemic MORE (R-Neb.) told reporters unprompted on Friday that Alexander “speaks for lots and lots of us.” 

But some Senate Democrats panned Alexander on Friday. Sen. Jeff MerkleyJeffrey (Jeff) Alan MerkleySenate Dems press DOJ over coronavirus safety precautions in juvenile detention centers Democratic unity starts to crack in coronavirus liability reform fight Oregon GOP Senate nominee contradicts own campaign by saying she stands with QAnon MORE (D-Ore.) called his decision an “offense.” 

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerFederal judges should be allowed to be Federalist Society members Warren condemns 'horrific' Trump tweet on Minneapolis protests, other senators chime in VA hospitals mostly drop hydroxychloroquine as coronavirus treatment MORE (D-N.Y.) railed against Republicans and Trump ahead of Friday’s vote. 

“If my Republican colleagues refuse to even consider witnesses and documents in this trial, this country is headed towards the greatest cover-up since Watergate,” Schumer said.  

“If my Republican colleagues refuse to even consider witnesses and documents in the trial, what will the president conclude? We all know: he'll conclude he can do it again, and congress can do nothing about it. He can try to cheat in his election again, something that eats at the roots of our democracy,” he added.