Impeachment managers make final arguments for witnesses

Impeachment managers make final arguments for witnesses
© Greg Nash

Democrats made a final appeal for witnesses in President TrumpDonald John TrumpBiden says GOP senators have called to congratulate him Biden: Trump attending inauguration is 'of consequence' to the country Biden says family will avoid business conflicts MORE's impeachment trial on Friday as the Senate moved closer to a vote.

House impeachment managers argued that failing to hear from people with firsthand accounts in this case will set a dangerous precedent for future trials. 

“We agree with the president’s counsel on this much: This will set a new precedent,” Rep. Adam SchiffAdam Bennett SchiffBarr taps attorney investigating Russia probe origins as special counsel OVERNIGHT DEFENSE: Trump pardons Flynn | Lawmakers lash out at decision | Pentagon nixes Thanksgiving dining hall meals due to COVID-19 Democratic impeachment leaders blast Trump's pardon of Flynn MORE (D-Calif.), the lead impeachment manager, said on the Senate floor.


“You can bet in every impeachment that follows — whether it is a presidential impeachment or an impeachment of a judge —  if that judge or president believes that it is to his or her advantage that there shall be a trial with no witnesses, they will cite the case of Donald J. Trump,” he said.

Schiff also warned that their decision will cause institutional damage by allowing a president to railroad Congress’s impeachment powers, effectively nullifying them in the future. He also argued that acquitting Trump will send a signal that a president can seek to drag down a political opponent for personal gain and obstruct Congress without consequence. 

Democrats have alleged that Trump withheld $391 million in U.S. aid to Ukraine and the promise of a White House meeting to pressure Ukrainian President Volodymyr Zelensky to open two politically motivated investigations, including into a 2020 Democratic rival.

While several Republican senators on Thursday and Friday conceded that they believe the president acted inappropriately, they argued it did not amount to an impeachable offense.

All of the House impeachment managers spoke Friday, except House Judiciary Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerThis week: Congress races to wrap work for the year Top Republicans praise Trump's Flynn pardon Democratic impeachment leaders blast Trump's pardon of Flynn MORE (D-N.Y.), who missed the conclusion of the Senate trial to be with his wife, who is diagnosed with pancreatic cancer. 


Rep. Zoe LofgrenZoe Ellen LofgrenHillicon Valley: Four major tech issues facing the Biden administration | Pressure grows to reinstate White House cyber czar | Facebook, Google to extend political ad bans House report says lawmakers could securely cast remote votes amid pandemic Why prevailing wage reform matters for H-1B visas MORE (D-Calif.), holding up a pocket copy of the U.S. Constitution, ticked off lines from the legal text as she sought to argue that a fair trial would include witness testimony.

“It is up to the Senate how to try this impeachment with fairness, with witnesses, and documents,” Lofgren said. “Please decide for a fair trial that will yield the truth and serve the Constitution and the American people.”

Democrats focused some of their arguments Friday on the need to hear from Trump's former national security adviser John BoltonJohn BoltonDefense policy bill would create new cyber czar position Pressure grows from GOP for Trump to recognize Biden election win Sunday shows - Virus surge dominates ahead of fraught Thanksgiving holiday MORE, particularly after a new report in The New York Times, citing an unpublished book by Bolton, said he wrote that he had been asked by Trump to set up a meeting between Zelensky and Rudy GiulianiRudy GiulianiMichigan voter fraud hearing goes viral for alleged flatulence, unruly witness Trump hits Barr over voter fraud remarks: 'He hasn't looked' Trump pardon scandal would doom his 2024 campaign MORE, Trump's personal attorney. 

Trump's defense team argued once again against the Senate inviting additional witness testimony.
While deputy White House counsel Patrick Philbin countered Schiff's points, he also made an argument focused on precedent.

Philbin warned that accepting this model of impeachment proceedings put forward by House Democrats will set a precedent for both chambers in which the Senate accepts a trial before the House fulfills its responsibility in tracking down all relevant witnesses and evidence. 

“To show up not having done the work and to expect that work to be done in the Senate, by this body, has grave consequences for the institutional interests for this body and it sets a precedent … for the Senate and the House," Philbin said on the Senate floor, warning that doing so could establish the "new normal."

He also railed against the process, saying that Democrats heard from 17 witnesses, but that they blocked witnesses Republicans wanted to hear from during the House impeachment inquiry. Such witnesses included former Vice President Joe BidenJoe BidenBiden says GOP senators have called to congratulate him Biden: Trump attending inauguration is 'of consequence' to the country Biden says family will avoid business conflicts MORE and his son, Hunter, as well as the anonymous whistleblower who first came forward with allegations about Trump's contacts with Ukraine.

"They did a process that wasn’t fair," Philbin argued.