Senate Republicans fend off Democrats in lengthy impeachment grappling
Subpoena, witness proposals tabled
WASHINGTON — House Democrats and White House lawyers sparred for more than nine hours on the floor of the U.S. Senate on Tuesday over whether to call witnesses and issue subpoenas for documents in the impeachment trial of President Donald Trump.
And as the evening turned to night on Capitol Hill, Senate Republicans had rejected four attempts by Senate Democrats to obtain new information as a sharply divided chamber grappled with the ground rules for the historic proceeding.
Each proposed amendment was tabled by the identical majority vote count — 53 Republicans to 47 Democrats. By 10:30 p.m., both sides were debating a fifth proposed amendment put forth by Democrats.
The votes were a victory for Senate Majority Leader Mitch McConnell, R-Ky., who will likely get his way in shaping the third impeachment trial in U.S. history. Mr. McConnell solidified support from his party for his resolution, which schedules opening arguments and time for senators’ questioning before deciding whether to call witnesses or to demand documents.
Tuesday’s session featured a fierce debate between House impeachment managers, who argued the Senate had a responsibility to hear witness testimony like any other trial, and lawyers for Mr. Trump, who argued the House had not proved its case.
“A trial without witnesses is indefensible,” said Rep. Adam Schiff, D-Calif., chair of the House Intelligence Committee and the face of the 12-week House impeachment inquiry last fall. “That’s not a trial. That’s a mockery of a trial.”
“You should want to see what these documents say,” Mr. Schiff told the senators. “Don’t blind yourself to the evidence.”
House Democrats accuse Mr. Trump of abusing his office for demanding that Ukraine announce an investigation into former Vice President Joe Biden, who is a candidate to run against Mr. Trump for this year’s presidential election.
Democrats argue Mr. Trump of
withholding nearly $400 million in military aid to Ukraine and a coveted White House meeting for its new president to pressure Ukraine.
In December, the House of Representatives voted to impeach Mr. Trump on two charges: abuse of power and obstruction of justice.
On Tuesday, White House Counsel Pat A. Cipollone responded by railing against Mr. Schiff’s handling of the inquiry, saying Democrats had not allowed the president due process. He said Democrats’ demands for witnesses revealed the weakness of their case.
The Democrats’ case before the Senate is like “if I showed up to [a] court in this country, and I said: ‘Judge, my case is overwhelming, but I’m not ready to go yet. I need more evidence,’” Mr. Cipollone said. “I would get thrown out in two seconds. And that’s exactly what should happen here.”
Mr. Cipollone argued the president had not conditioned the foreign aid on an investigation of a political rival but rather to urge Ukraine to root out corruption. “The president has done nothing wrong,” he said. “There is absolutely no case.”
Tuesday’s session played out in an extraordinary setting, before all 100 senators sitting in stony silence at their mahogany and walnut desks. Phones and other electronic devices were barred from the chamber, a ban that covered reporters in the press gallery.
“All persons are commanded to keep silent, on pain of imprisonment,” the Senate sergeant-at-arms stated at the outset of the session. The same rule governed the previous two impeachment trials.
At times during the lengthy presentations, the senators fidgeted, leaned forward on their elbows or reclined, sometimes yawned, took notes and flipped through the large white binders containing documents pertaining to the House impeachment investigation.
Senate pages — positions filled by high school juniors and seniors who serve as messengers and general helpers — scurried around, filling water glasses and assisting senators as needed. Security guards filled the Capitol building, limiting reporters’ access to some areas.
John Roberts, chief justice of the U.S. Supreme Court, presided over the debate with an air of neutrality. Mr. Roberts betrayed little emotion, speaking only to recognize speakers, announce the remaining debate time and call on senators during the votes.
During the impeachment trial, Mr. Roberts has a full plate. As Tuesday’s session dragged well into the evening, Mr. Roberts was due for oral arguments at the Supreme Court at 10 a.m. the next morning before heading back to the U.S. Capitol once again.
Mr. Schiff and other House impeachment managers sat at a long table at the front of the Democratic side of the Senate floor. Mr. Trump’s legal team — which includes Kenneth Starr, whose investigations led to former President Bill Clinton‘s 1999 impeachment trial — sat at the front of the Republican side of the floor.
Each amendment, proposed by Sen. Chuck Schumer, D-N.Y., the Senate minority leader, generated roughly two hours of debate before it was ultimately voted down by Republicans.
Sen. Bob Casey, D-Pa., voted in support of each amendment. Mr. Casey has previously called for witnesses and documents in an impeachment trial. “I think it’s reasonable to ask for witnesses to add to what is already a substantial and compelling record,” Mr. Casey said in December.
Sen. Pat Toomey, R-Pa., voted against the amendments. Mr. Toomey has said he supports waiting to consider testimony until after the arguments.
“I can imagine a scenario where it’s not necessary to call witnesses, but I don’t want to prejudge that,” he told reporters on Dec. 18, shortly before the House voted to impeach Mr. Trump.
Mr. McConnell’s proposal allows up to 24 hours for the six House managers to present their case over the course of three sessions. The White House legal team would also have up to 24 hours over three sessions to present their arguments. Senators would then be allowed up to 16 hours to question both sides.
Senators could consider calling witnesses or requesting documents only after the arguments and questioning is completed.
Mr. Schumer, on the Senate floor, called the proposal “nothing short of a national disgrace.”
Some prominent observers criticized Mr. McConnell’s proposals.
Ken Gormley, president of Duquesne University and an impeachment scholar, said the rules treat the trial as “a political game” in which Republicans try to deploy procedural tactics to gain an advantage.
“This is not a game,” said Mr. Gormley, who traveled to Washington to attend the trial Tuesday. Mr. Gormley attended Mr. Clinton’s impeachment trial 21 years ago and authored a book about it, called “The Death of American Virtue: Clinton vs. Starr.”
After watching some of the session, Mr. Gormley said Democrats had misstepped by submitting such expansive requests for documents.
“It’s a tactical error for Democrats to go after the kitchen sink when a few very specific requests would be much more likely to be successful,” Mr. Gormley said.
The usually sparse public viewing galleries overlooking the Senate floor were packed with members of the public.
“Several dozen” Pennsylvania residents applied for a limited number of public gallery passes through Mr. Casey’s office, a spokeswoman said.
Those passes are available on a first-come basis by contacting the offices of Mr. Casey or Mr. Toomey.