Thread by @BBuchman_CNS

Good morning from Washington.
Let us start today by addressing a distortion offered by POTUS this a.m.: The House *did* ask Bolton to testify and provide docs but Boltons lawyer said any subpoena rec'd would be challenged in court.

So instead of holding up the impeachment trial...
The House Dems decided against issuing the subpoena at that time.
Trump seems to falsely suggest that the Senate cannot subpoena witness testimony.
They can and could. The question is will they?

Here is what could happen.
WH defense team must conclude their opening arguments first. Then, we enter an up to 16hr round for senator questions to be submitted in writing. Then, sens. debate for 4 hours on whether to subpoena witnesses and/or records.

Ultimately, the debate on whether to subpoena witnesses and records must end in a vote. 51 votes are needed at that point for senators to move fwd with any additional votes necessary to work out the specifics, like who to subpoena, i.e. Bolton.

According to the res adopted by the Senate, at that point, 51 sens. are needed to vote & approve the subpoena of Bolton. Caveat: Bolton would offer deposition in private 1st due to rules of res. After that, it would be up to the Senate to decide whether he testifies publicly.

This could create a bit of a weird situation because even if Senate opts to subpoena Bolton, conceivably, Trump could sue to keep Bolton quiet. But that would put the trial in a holding pattern. In an election year.

This last point could be moot however if the Senate beats back any votes or motions seeking witness testimony or records.

I think it is reasonable to suggest to you now: if Senate wont subpoena witnesses like Bolton, especially now, then they are likely on track to acquit.

Trial reconvenes at 1PM ET today and I will live-tweet for @CourthouseNews.

This opinion piece by @neal_katyal is worth consideration: nytimes.com/2020/01/27/opi…

@neal_katyal “Witnesses, documents are the exact eyewitnesses,” Chuck Schumer said this weekend after WH opened its arguments. “You want to get the truth? The president’s lawyers proved today if you really want the truth you want witnesses, you want documents.”
ICYMI: courthousenews.com/trumps-defense…

@neal_katyal The White House defense team kicks off their second round of opening arguments in just under 30 minutes.
I will live-tweet @CourthouseNews.

@neal_katyal @CourthouseNews Efforts to subpoena onetime national security adviser John Bolton cast a shadow over Washington on Monday as opening arguments from White House attorneys resume in the impeachment trial of President Donald Trump.
courthousenews.com/bolton-book-ro…
via myself, @JackRodgersCNS and @ByTimRyan

@neal_katyal @CourthouseNews @JackRodgersCNS @ByTimRyan “Between President Trump and John Bolton, only one of them is willing to testify in the Senate under oath,” Chuck Schumer said. “Only Ambassador Bolton is willing to swear that he is telling the truth.”
courthousenews.com/bolton-book-ro…
#impeachment
cc: @CourthouseNews

@neal_katyal @CourthouseNews @JackRodgersCNS @ByTimRyan Be sure to follow @KlasfeldReports, @MMineiro_CNS, @ByTimRyan and @JackRodgersCNS for impeachment updates throughout the day.

@neal_katyal @CourthouseNews @JackRodgersCNS @ByTimRyan @KlasfeldReports @MMineiro_CNS

https://twitter.com/BBuchman_CNS/status/1221855043948810240?s=20

@neal_katyal @CourthouseNews @JackRodgersCNS @ByTimRyan @KlasfeldReports @MMineiro_CNS We begin w/prayer as always. But today, a special mention for Kobe and Gianna Bryant and those who died with them.
"We think of life's brevity, uncertainty and legacy, remind us that we all have a limited time on earth to leave the world better than we found it."