The Atlanta Journal-Constitution
» Trump’s lawyers repeat no witness has stated direct knowledge of quid pro quo,
President Donald Trump’s lawyers on Monday brushed past extraordinary new allegations in the draft of a book by the president’s former national security adviser, focusing instead on factual disputes and historical arguments for acquittal in the U.S. Senate. What happened
Trump’s attorneys declared anew Monday that no witness has testified to direct knowledge that Trump’s delivery of aid to Ukraine was contingent on investigations into Democrats, though John Bolton, the former adviser and book author, appeared poised to testify otherwise if summoned by the Senate.
“We deal with transcript evidence. We deal with publicly available information,” said Trump’s attorney Jay Sekulow. “We do not deal with speculation, allegations that are not based on evidentiary standards at all.”
Michael Purpura, a deputy White House counsel, argued that Trump had legitimate reason to be concerned about corruption in Ukraine and, in any event, ultimately released the aid without the country committing to investigations the president wanted. Democrats say Trump did so only after a whistleblower submitted a complaint about the episode.
Ken Starr, whose independent counsel investigation in the 1990s resulted in President Bill Clinton’s impeachment, bemoaned what he said was an “age of impeachment.” Impeachment, he said, requires an actual crime and a “genuine national consensus” that the president must go. Neither exists here, Starr said.
Impeachment “is filled with acrimony and it divides the country like nothing else,” Starr said. “Those of us who lived through the Clinton impeachment understand that in a deep and personal way.”
The lawyers also defended the actions of Rudy Giuliani, the president’s personal lawyer whose efforts in pressing for an investigation of former Vice President Joe Biden helped lead to the firing of the America’s
ambassador to Ukraine.
Besides Starr, Monday’s presentation was expected to include appearances by Alan Dershowitz, who will argue that impeachable offenses require criminal-like conduct.
What it means
The White House sees its Senate presentation this week as an opportunity to counter the allegations, defend the powers of the presidency and prevent Trump from being weakened politically ahead of November’s election.
Democrats argued their side of the impeachment case for three days last week, warning that Trump will persist in abusing his power and endangering American democracy unless Congress intervenes to remove him before the 2020 election.
Even as defense lawyers laid out their case as planned, it was clear that Bolton’s book had scrambled the debate over whether to seek witnesses. Bolton writes that Trump told him he wanted to withhold security aid from Ukraine until Ukraine helped him with investigations into Biden. Trump’s legal team has repeatedly insisted otherwise, and Trump tweeted early Monday that he never told Bolton such a thing.
“I NEVER told John Bolton that the aid to Ukraine was tied to investigations into Democrats, including the Bidens,” Trump said. “If John Bolton said this, it was only to sell a book.”
GOP senators face a pivotal moment. Republicans hold a 53-47 majority in the Senate, so if four or more break with party leadership in favor of summoning witnesses, they could force the issue.
At a private GOP lunch Monday, Romney made the case for calling Bolton, according to a person not authorized to discuss the meeting and granted anonymity.
Other Republicans, including Sen. Pat Toomey of Pennsylvania, said that if Trump’s former national security adviser is called they will demand to hear from at least one of their witnesses. Some Republicans want to call Biden and his son Hunter, who was on the board of Ukrainian gas company Burisma from 2014 until April 2019.
Sen. Susan Collins of Maine said she has always wanted “the opportunity for witnesses” and the report about Bolton’s book “strengthens the case.”
Senator Majority Leader Mitch McConnell told Republicans at the lunch they would take stock after the defense team concludes arguments.
“His message is what has been all along: Let’s get through the next step,” said
Sen. Mike Braun, R-Ind., after the lunch. “That was it. Take a deep breath, and let’s take one step at a time.”
Democrats respond
Democrats say Trump’s refusal to allow administration officials to testify in the impeachment proceeding only reinforces that the White House is hiding evidence. The White House has had Bolton’s manuscript for about a month, according to a letter from Bolton’s attorney.
Senate Democratic leader Chuck Schumer said: “We’re all staring a White House cover-up in the face.”
Rep. Adam Schiff, who leads the House prosecution team, called Bolton’s account a test for the senators sitting as jurors.
“I don’t know how you can explain that you wanted a search for the truth in this trial and say you don’t want to hear from a witness who had a direct conversation about the central allegation in the articles of impeachment,” Schiff said on CNN.
What’s next
Once the president’s team wraps its arguments no later than today, senators have 16 hours for questions to both sides.
By late in the week, they are expected to hold a vote on whether or not to hear from any other witnesses. Republicans said that if Bolton is called, they will demand reciprocation, which could mean trying to call both Bidens.
Eventual acquittal is likely in the Senate; a two-thirds majority vote would be needed for conviction.