RUTHFULLY YOURS

The Senate on Friday night narrowly rejected a motion to call new witnesses in Donald Trump’s impeachment trial, paving the way for a final vote to acquit the president by next week.

In a 51-49 vote, the Senate defeated a push by Democrats to depose former national security adviser John Bolton and other witnesses on their knowledge of the Ukraine scandal that led to Trump’s impeachment.

Two Republicans — Susan Collins of Maine and Mitt Romney of Utah — joined all 47 Senate Democrats in voting for the motion. Two potential GOP swing votes, Sen. Lamar Alexander of Tennessee and Lisa Murkowski of Alaska, stuck with their party, ensuring Democrats were defeated.

https://www.foxnews.com/opinion/andrew-mccarthy-in-trump-impeachment-trial-senate-right-to-block-new-witness-testimony

The Senate was right to vote Friday against hearing new witness testimony at President Trump’s impeachment trial. The Democrats’ demand for new witnesses at the trial was a red herring – a talking point that had some surface appeal but, upon scrutiny, was nonsense.

House Intelligence Committee Chairman Adam Schiff, D-Calif., and the other impeachment managers claim that there have been no witnesses in the trial. They said before the Senate voted 51-49 Friday to block more witnesses that if Republicans did note vote to approve subpoenas for former National Security Adviser John Bolton, among other top current and former administration officials, that the trial will be a “sham” – an exercise in “cover-up.” You can’t have a real trial, was their refrain, unless witnesses are called.

It is nonsense. There have been plenty of witnesses. Schiff’s problem is that the additional witnesses he wanted to call would not change what has already been proved in any meaningful way.

Obviously, what’s happening in the Senate is not a trial in any familiar sense. We are used to judicial trials. Impeachment presents something completely different, a Senate trial. The Senate is a political body, not a law court.

https://www.nationalreview.com/news/new-bolton-book-allegations-drop-hours-ahead-of-vote-on-witnesses/

New reports of the contents of former White House adviser John Bolton’s book have surfaced hours before the Senate is scheduled to vote on whether to call witnesses in the impeachment trial of President Trump.

According to the New York Times, Bolton writes in his forthcoming book that Trump directed him to assist in the pressure campaign to coerce Ukrainian officials to conduct investigations against Joe and Hunter Biden during a May meeting at which the president’s lawyer Rudy Giuliani, acting White House chief of staff Mick Mulvaney, and White House counsel Pat Cipillone were present.

During the meeting, Trump directed Bolton to set up a meeting between Ukrainian President Volodymyr Zelensky and Giuliani, who was then planning a trip to Ukraine to discuss the opening of the Biden investigation with government officials. Giuliani on Friday denied he was present at such a meeting, while Trump said Bolton’s alleged account was wrong.

The Times’ Sunday report on Bolton’s book, The Room Where it Happened, disrupted Republicans’ blanket opposition to calling witnesses in the impeachment trial. After unanimously resisting Democrats’ calls for Bolton to testify, moderate Republicans began to waver on Monday.

https://www.nationalreview.com/the-morning-jolt/democrats-forgot-to-begin-with-the-end-in-mind/?utm_source=recirc-desktop&utm_medium=homepage&utm_

On the menu today: With Tennessee senator Lamar Alexander declaring, “there is no need for more evidence to prove something that has already been proven and that does not meet the United States Constitution’s high bar for an impeachable offense,” the Senate’s impeachment trial might be wrapping up as soon as today. If impeachment is indeed coming to a close, it’s time to focus on a strangely unasked question in much of this: Whom were the House impeachment managers trying to persuade? And did they seem like a group that was primarily focused on changing the minds of Republican senators?

Were the House Impeachment Managers Even Trying to Persuade GOP Senators?

In Steven Covey’s bestselling book The Seven Habits of Highly Effective People, his second habit is to “begin with the end in mind,” which means to “begin each day, task, or project with a clear vision of your desired direction and destination.”

In all likelihood, reaching 67 votes in the Senate to support the removal of the president was probably impossible. House impeachment managers had to try to convince, at minimum, 20 Republican senators to vote to remove. This means that targeting their message to persuade a rebellious senator such as Lisa Murkowski wasn’t enough. The message would have to be designed to persuade senators right in the middle of the GOP caucus who usually vote with the president and who have no inherent desire to see him removed from office. House impeachment managers were asking Republican senators to sign off on something that had never happened in 230 years. (George Washington took the oath of office to be president in 1789.)

https://www.nationalreview.com/2020/01/there-is-no-strict-legal-test-of-impeachment/

It’s an eye test, a political determination, and even great lawyers trip up when they frame it as a legal question.

When you’re a hammer, everything looks like a nail. And when you’re a lawyer, particularly a constitutional scholar and criminal-defense practitioner of Alan Dershowitz’s caliber, everything looks like a legal problem.

Not everything is. Impeachment is not. Not principally.

Professor Dershowitz, for whom I have great respect, got a bit carried away in what was otherwise a bravura performance in the well of the Senate on Wednesday night, when he offered a constitutional defense against President Trump’s impeachment. As will be clear momentarily, I have never agreed with Dershowitz’s impeachment theory. Yet the excerpt of his argument at the Senate trial that has critics up in arms was a case of misspeaking; it was not an outrage that would effectively turn the president into a dictator.

I believe Dershowitz was trying to make the uncontroversial point that executive acts a president subjectively believes are in the national interest do not become impeachable just because the president simultaneously believes such acts will help him politically. But Dersh garbled the point — which also occasionally happens, even to those of us who are not 81 and lack the professor’s vigor. Taken out of the context of his broader argument, he could be misunderstood as having asserted that, if a president believed his own reelection was in the national interest, no executive act he took in furtherance of being reelected could be impeachable.

https://amgreatness.com/2020/01/30/chief-justice-roberts-blocks-question-from-sen-paul-about-ciaramella-allows-question-about-schiff-staffer/

For the second day in a row, Chief Justice John Roberts refused to read a question submitted by Sen. Rand Paul (R-KY) that mentioned the name of Eric Ciaramella, the alleged “whistleblower” at the center of the case who was outed by RealClearInvestigations.

Senators have been submitting questions to Roberts who asks them on behalf of the senators. The legal team and impeachment managers each have five minutes to respond to each question. On Wednesday, Roberts blocked Paul from posing a question that would have named the alleged whistleblower, as well.

After receiving Paul’s question card, Thursday afternoon, Roberts said, “The presiding officer declines to read the question as submitted.”

The Chief Justice did not explain why he rejected the question, which did not identify Ciaramella as the whistleblower.