<Thread>
CNN @mkraju reports: Senate Republicans say they may not vote for witnesses because Trump will invoke executive privilege and that means drawn out litigation.
SEVERAL things very wrong with that position.
1. Good argument that Chief Justice issuing subpoena is final.
CNN @mkraju reports: Senate Republicans say they may not vote for witnesses because Trump will invoke executive privilege and that means drawn out litigation.
SEVERAL things very wrong with that position.
1. Good argument that Chief Justice issuing subpoena is final.
2. On this first argument—the law makes Chief Justice Roberts’ subpoenas when backed by majority of Senators final and not subject to litigation—see this exchange👇with @gtconway3d @joshtpm @AstorAaron
3. Now think of the politics. A precondition for idea that there’d be litigation is a world in which a subpoena has been signed by Chief Justice of United States and backed by bipartisan majority of Senate.
That ain’t a situation the witness or White House could easily resist.
That ain’t a situation the witness or White House could easily resist.
4. Now think of how executive privilege works. Bolton has to show up. The issue is whether he invokes executive privilege for specific questions. Executive privilege is going to fail for a host of reasons including others have already publicly testified on these questions.
5. For #3 on the enormous political pressure on witnesses in impeachment trial to comply with subpoena (plus fear of criminal liability for being held in contempt of Congress), see @mls1776’s analysis:
pointoforder.com/2019/11/22/sub…
pointoforder.com/2019/11/22/sub…
