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The Report: Impeachment, Day 10

Margaret Taylor
Saturday, February 1, 2020, 6:22 PM

 Lawfare and Goat Rodeo bring you the arguments for and against calling new witnesses and subpoenaing new evidence in one hour and 12 minutes.

Published by The Lawfare Institute
in Cooperation With
Brookings

On the tenth day of the impeachment trial of President Donald J. Trump, the senators listened to arguments for and against calling new witnesses and subpoenaing new evidence. The House managers advocated for calling four witnesses and subpoenaing specific documents from the Administration. They also outlined a proposal that would allow an additional week to gather the new evidence. The president’s counsel argued that the House had said they had already proven their case, eliminating the need for further evidence; that permitting the House to instruct the Senate to continue its impeachment inquiry would lower the bar for future impeachments; and that the articles were facially defective, amounting to removing a president over a policy difference, an issue which would not be solved by new evidence.

The Senate then voted against obtaining new testimony and documentary evidence on a 49-51 vote. They passed a resolution defining the procedures for closing arguments and the timing of final vote on the president’s removal or acquittal. Senators voted down four amendments to the resolution offered by Democratic minority leader Chuck Schumer.

There was a lot of procedural uncertainty on Friday, with long breaks between arguments and votes extending into the evening, all of which might make it even more difficult to keep track of the most important arguments advanced by the president’s counsel and House managers. So Lawfare and Goat Rodeo bring you the arguments for and against calling new witnesses and subpoenaing new evidence in one hour and 12 minutes.


Margaret L. Taylor was a senior editor and counsel at Lawfare and a fellow in Governance Studies at the Brookings Institution. Previously, she was the Democratic Chief Counsel and Deputy Staff Director for the Senate Foreign Relations Committee from 2015 through July 2018.

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