"The criteria is not Does the witness have something interesting to say? The criteria is are they likely to be able to shed definitive light on a disputed issue ... so central ... that the resolution of it could change my final conclusion. ... High bar"
"I don't think that there should be an automatic presumption that there have to be witnesses. Witnesses serve a purpose in a trial, and the purpose is to determine the facts in the case"
Add that the facts here are not much disputed.
- Toomey reiterates he'll decide on witnesses after both sides present their cases and Sens ask questions
- He was emphatic that he did not use the "fidget spinner"