2021-02-09 20:30:32
6. The witness conundrum
The House impeachment managers have indicated that if they mounted a full-scale effort to secure witness testimony — from insurrectionists, Capitol Police officers, witnesses to the Jan. 6 violence and Trump’s White House aides — they might be able to secure even more damning testimony than they have on the record.
But there’s little appetite to prolong the Senate trial beyond the currently allotted week of proceedings. Democrats are convinced that Republicans who have made up their mind to acquit wouldn’t be moved even by smoking-gun type testimony. And the Biden White House has made clear its position that extending a trial for weeks or months would damage his agenda.
There’s no sign as of now that any minds are likely to be changed by this week’s proceedings. The question is: If the Democrats sense a shifting playing field — from an implosion by the Trump defense to newly emerging evidence that puts more GOP senators into the “persuadable” column — will they change course?
Though most trial business is required to occur before the arguments begin, the proposed trial rules explicitly defer a decision on witnesses until after the Senate’s Q&A period. At that point, the House managers and Trump team have two hours to argue the matter and decide whether to subpoena any witnesses or documents.
If both teams agree they have no interest in witnesses, it could be a short discussion. But the deferred decision gives each team a chance to regroup and assess its strategy late in the trial.
In 2020, the Senate narrowly rejected Democrats’ bid to subpoena Bolton, though two Republicans — Susan Collins and Mitt Romney — joined them. This time, Democratic leaders have said Trump’s alleged crimes were so overt that witnesses wouldn’t be necessary. But they’re facing cross-currents of pressure from progressives who want to see the case against Trump fully aired — and are worried that it’s a bad look to appear to cut corners in a trial about a deadly insurrection.
Politico.eu
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