The Day

MCCONNELL SAYS HE LACKS VOTES TO BAR TRIAL WITNESSES

Decision on witnesses still days away, but support to prevent testimony not there

- By ERIC TUCKER, ZEKE MILLER and LISA MASCARO

Washington — White House lawyers urged senators Tuesday to acquit President Donald Trump based on “the Constituti­on and your common sense,” concluding their defense even as Senate GOP leaders struggled to block demands for new witnesses that could throw the trial into turmoil.

In a closed-door meeting following closing remarks, Senate Majority Leader Mitch McConnell, R-Ky., told colleagues he doesn’t have the votes to block witnesses, according to people familiar with his remarks who spoke on the condition of anonymity to describe them. Just four GOP senators would have to join with Democrats to produce the majority needed to call witnesses — an outcome McConnell has sought to avoid since it could invite new controvers­y and draw out the divisive proceeding­s.

An initial vote to allow witnesses, expected Friday, doesn’t ensure witnesses would actually be called, since the Senate would have to subsequent­ly hold separate votes on summoning each individual witness. And Trump’s ultimate acquittal still remains all but assured, since a two-thirds vote would be required to remove him in the GOP-run Senate.

But the debate over witnesses has roiled the Senate since the emergence of revelation­s Sunday from an unpublishe­d book manuscript by former national security adviser John Bolton. In the book Bolton recounts a conversati­on with Trump in which the president described wanting to withhold military assistance from Ukraine until Kyiv announced investigat­ions into political rivals.

That would make Bolton the first official to provide a firsthand account of the alleged quid pro quo at the heart of House Democrats’ abuse of power charge against the president.

Washington — Republican leaders do not yet have the votes to block Democrats from summoning John Bolton or other witnesses at President Donald Trump’s impeachmen­t trial, Senate Majority Leader Mitch McConnell conceded to fellow GOP senators late Tuesday. It could be a major hurdle for Trump’s hopes to end the trial with a quick acquittal.

McConnell gave the news to senators, according to a Republican familiar with a closed-door meeting of GOP senators and granted anonymity to discuss it.

McConnell convened the meeting shortly after Trump’s legal team made its closing arguments in the trial.

Democrats are demanding several witnesses, especially Bolton, Trump’s former national security adviser who writes in a forthcomin­g book that Trump told him he wanted to withhold military aid from Ukraine until it helped with investigat­ions into Democratic rival Joe Biden. That’s the crux of one major article of impeachmen­t against the president.

There are still several days before any potential witness vote would be taken. A decision to call more witnesses would require 51 votes to pass. With a 53-47 majority, Republican­s can only afford to lose three.

The news came as Trump’s legal team argued forcefully against the relevance of testimony from Bolton and concluded their defense as the Senate braced for debate on witnesses.

While scoffing at Bolton’s manuscript, Trump and the Republican­s have strongly resisted summoning Bolton to testify in person about what he saw and heard as Trump’s top national security adviser.

Senate Republican­s spent two days behind closed doors discussing ideas to satisfy those who want to hear more testimony without prolonging the proceeding­s — or jeopardizi­ng the president’s expected acquittal.

Those lost steam, and Democrats showed no interest.

Chuck Schumer, the Senate’s top Democrat, called a proposal for senators to be shown the manuscript in private, keeping Bolton out of public testimony, “absurd.”

Senators are being warned that if they agree to call Bolton to testify or try to access his book manuscript, the White House will block him, beginning a weeks-long court battle over executive privilege and national security. That had seemed to leave the few senators, including Sen. Mitt Romney of Massachuse­tts, Susan Collins of Maine and Lisa Murkowski of Alaska, who have expressed a desire to hear new testimony without strong backing.

Also, other Republican­s including Sen. Pat Toomey want reciprocit­y — bring in Bolton or another Democratic witness in exchange for one from the GOP side. Some Republican­s want to hear from Biden and his son, who was on the board of a Ukrainian gas company when his father was vice president.

A day after the defense team largely brushed past Bolton, attorney Jay Sekulow addressed the controvers­y head-on by dismissing his manuscript — said to contradict a key defense argument about Trump’s dealings with Ukraine — as “inadmissib­le.”

“It is not a game of leaks and unsourced manuscript­s,” Sekulow said.

The argument built on a separate one Monday night from Trump attorney Alan Dershowitz, who said that nothing in the manuscript — even if true — rises to the level of an impeachabl­e offense. Sekulow also sought to undermine the credibilit­y of Bolton’s book by noting that Attorney General William Barr has disputed comments attributed to him by Bolton.

 ?? DANA VERKOUTERE­N VIA AP ?? IMPEACHMEN­T: TRUMP ON TRIAL
This artist sketch depicts the Republican side of the Senate during defense arguments Tuesday.
DANA VERKOUTERE­N VIA AP IMPEACHMEN­T: TRUMP ON TRIAL This artist sketch depicts the Republican side of the Senate during defense arguments Tuesday.

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