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How Trump’s impeachment lawyers could undermine him in court

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The Washington Post

News, True Crime, Politics

4.14.6K Ratings

🗓️ 23 January 2020

⏱️ 17 minutes

🧾️ Download transcript

Summary

Trump is fighting impeachment-related battles in both the Senate and the court system. His lawyers have conflicting strategies in each arena. The Post’s Ann Marimow explains why these cases matter for the future of presidential power.

Transcript

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0:00.0

So let us begin.

0:02.0

On the Senate floor Wednesday, House Intelligence Committee Chairman Adam Schiff argued on behalf of House Democrats that President Trump should be convicted.

0:11.0

His arguments included a call for Senate Republicans to vote to allow key witnesses to be called to testify and new evidence and documents to be released.

0:20.0

The full and complete story is within your power to request.

0:28.0

Talk of witnesses and evidence has been circulating for weeks as senators have fought over the terms of the trial.

0:34.0

Republicans insist that Trump has been denied due process, a phrase borrowed from criminal court proceedings.

0:40.0

There is no witness that can be called that can fix this process. There is no witness on either side that you can call that can inject fairness and due process into a process that had none.

0:51.0

And Democrats have argued that Americans expect witnesses and documents as part of a proceeding called a trial.

0:58.0

And that's all that we're asking for today is to make sure that we give the American people the trial that they expect.

1:07.0

But there are important distinctions between a criminal trial and a Senate trial, places where the courtroom analogy falls short and sometimes where quirky Senate rules take over.

1:18.0

And yet, despite the differences, there's been some intersection and mis-impeachment saga between the court system and the impeachment process.

1:25.0

Last year's House inquiry led to a bunch of subpoenas for testimony and documents from people close to the White House.

1:32.0

Former White House Council, down again, has defied Congress by skipping a major congressional hearing.

1:38.0

Subpoenas that found their way to court and remain entangled in court battles. That leaves Trump fighting impeachment-related battles in two arenas, one, the court system and two, the Senate.

1:50.0

And his respective lawyers in each of those arenas are taking different and often conflicting approaches to those battles. Those contradictions could undermine Trump in the courts.

2:00.0

And the outcome of these cases could have real significance for the future of presidential power.

2:06.0

This is, can he do that, a podcast that explores the powers and limitations of the American presidency? And what happens when branches of government collide?

2:15.0

I'm Allison Michaels.

2:19.0

To unpack all of this, I needed a legal affairs correspondent. I turned to the posts. And Marimo.

2:26.0

So throughout the entire impeachment process, there have been concerns raised across the aisle about the legitimacy of the process, what exactly a Senate trial should look like and how closely that should mirror a criminal trial.

2:39.0

Many members of Congress talk about wanting evidence.

2:42.0

A trial without all the relevant evidence is not a fair trial.

...

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