Explainer: Why the fight over witnesses looms large in Trump's trial
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[January 30, 2020]
By Jan Wolfe
WASHINGTON (Reuters) - The impeachment
trial of U.S. President Donald Trump is nearing a pivotal vote on
whether to hear from witnesses requested by Senate Democrats arguing for
his removal from office.
Whatever happens, Trump is unlikely to be removed because his Republican
Party has a 53-47 majority in the Senate, and a two-thirds majority of
the chamber is needed to remove a president. A decision to hear from
witnesses would require only four Republicans to cross party lines,
however.
WHEN IS THE VOTE ON WITNESSES?
It could happen as early as Friday. A Senate resolution laid out a
two-step process for voting on whether to subpoena witnesses. First,
there will be an up-or-down vote on whether to consider witnesses. If
that passes there will be more votes on testimony from particular
individuals.
WHY DOES IT MATTER IF WITNESSES TESTIFY?
A decision to hear from witnesses would drag out the trial and
potentially undermine a key leg of Trump's defense - that much of the
Democrats' case against him is based on hearsay.
![](http://archives.lincolndailynews.com/2020/Jan/30/images/ads/current/guzzardos_lda_LUAL_2017.png)
One witness sought by Democrats, Trump's former national security
adviser, John Bolton, says in a new but as-yet unpublished book that
Trump told him that a freeze on aide to Ukraine was linked to his push
for the country to investigate former Vice President Joe Biden and his
son, Hunter Biden, according to a New York Times report.
With an eye on Trump’s bid for a second term in the presidential
election in November, many Republicans in the Senate have been pushing
for a speedy trial without witness testimony.
Democrats argue that without witnesses there cannot be a proper trial.
Republicans counter that Democrats should have called the witnesses
during the impeachment inquiry in the House of Representatives. The
White House had told officials not to cooperate in that inquiry.
If the Senate does not vote in favor of witnesses it is expected to
quickly vote to end the trial and acquit Trump. Trump would then likely
use his State of the Union address, scheduled for Feb. 4, to reset his
political agenda.
There is one potential upside for Trump in a long trial with witnesses:
Four Democratic senators vying for their party's presidential nomination
to face him in November — Bernie Sanders, Elizabeth Warren, Amy
Klobuchar and Michael Bennet — would have to remain in Washington
instead of campaigning across the country.
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![](../images/013020pics/news_u37.jpg)
President Donald Trump speaks to reporters as he departs for travel
to New Orleans, Louisiana from the South Lawn of the White House in
Washington, U.S., January 13, 2020. REUTERS/Leah Millis
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WHO ARE THE POTENTIAL WITNESSES?
Senate Democratic Leader Chuck Schumer wants to hear from four
current and former Trump administration officials that Democrats say
have first-hand knowledge of key decisions in the effort to pressure
Ukraine to investigate Biden.
The most prominent of the four are Bolton and Mick Mulvaney, Trump's
acting chief of staff. They also want to hear from Robert Blair, a
Mulvaney deputy, and Michael Duffey, a White House budget official
who ordered the Pentagon to freeze $391 million in security
assistance for Ukraine.
Republicans have said that if Bolton testifies that would open the
way for them to call witnesses, such as Hunter Biden. Trump has
alleged that when Biden was vice president he tried to have
Ukraine’s then-chief prosecutor fired to stop him investigating
Burisma, an energy company on whose board Hunter had a seat.
While this claim has been widely debunked and the Bidens have denied
any wrongdoing, Democrats are worried that having Hunter testify
could still hurt his father, who is a leading contender for the
Democratic presidential nomination.
COULD TRUMP BLOCK BOLTON FROM TESTIFYING?
Trump has said he would use a legal doctrine called executive
privilege to block or limit Bolton's testimony.
Executive privilege, in certain situations, allows a president to
keep private the nature of conversations with aides. The doctrine is
rooted in the idea that a president governs more effectively if
aides can speak candidly.
Legal experts say that Chief Justice John Roberts, who is presiding
over the trial, or the senators themselves, would rule on any claim
by Trump that his conversations with Bolton are protected by
executive privilege.
![](http://archives.lincolndailynews.com/2020/Jan/30/images/ads/current/charrons_bch041713.png)
Trump could also file a lawsuit seeking a court order that would
limit Bolton's testimony.
Some legal experts argue that Trump’s executive privilege claim
would be weak, saying Congress' interest in hearing from Bolton
would outweigh Trump's desire for secrecy.
(Reporting by Jan Wolfe, editing by Ross Colvin and Sonya
Hepinstall)
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