(Tribune Media Wire/ CNN Newsource) — An explosive New York Times report detailing an unpublished draft manuscript by former national security adviser John Bolton has added new uncertainty to this week’s crucial vote to determine whether the Senate should subpoena witnesses and documents in President Donald Trump’s impeachment trial, several GOP sources said.
Citing multiple people’s description of the unpublished draft manuscript by Bolton, the Times reported that Bolton claims Trump told him in August that he wanted to continue holding military aid to Ukraine until the country helped with investigations into Democrats — including former Vice President Joe Biden.
A source with direct knowledge of the manuscript told CNN the Times’ telling of Bolton’s account of the Ukraine aid hold discussion with Trump is accurate.
In a series of late night tweets, Trump denied claims he told Bolton aid to Ukraine was tied to an investigation of the Bidens. “I NEVER told John Bolton that the aid to Ukraine was tied to investigations into Democrats, including the Bidens. In fact, he never complained about this at the time of his very public termination,” Trump tweeted.
Before the Times report, GOP leaders were confident that they would defeat the vote this week. But now, it is less certain, according to three GOP sources.
“The witness vote was always going to be tough,” said one source involved in the strategy. “The story makes that clear again.”
Democrats quickly highlighted the Times report to bolster their calls for Bolton to testify. Here’s a look at the procedural process before any witness testifies publicly:
- Once the Senate is done hearing arguments from Trump’s defense team, there will then be up to 16 hours of senator questions submitted in writing and then four hours of debate on whether to subpoena witnesses and documents. After the debate, the Senate will vote. If that motion gets 51 votes, then the Senate could move ahead with further votes to determine who to subpoena, including Bolton.
- If 51 senators then vote to subpoena Bolton, the Senate resolution says he first must be privately deposed. After that, the Senate would have to decide whether to make him testify in public.
- This means that the trial could be in limbo for sometime if the Senate decides to subpoena Bolton, especially given the legal battles that may ensue from any potential White House attempts to block the testimony. But if the Senate defeats the first motion to subpoena witnesses and documents, Trump may soon be acquitted.
The purported revelations from Bolton come as the President’s legal team begins to take control of the Senate floor to deliver their arguments, detailing the defense of Trump after three days of listening to arguments from the House impeachment managers.
The defense counsel’s presentation Saturday sought to poke holes in the Democratic case, arguing the House didn’t provide the full context during their argument and using snippets of witness testimony from the House Intelligence Committee to argue there was no quid pro quo with Ukraine.
“We don’t believe that they have come anywhere close to meeting their burden for what they’re asking you to do,” White House counsel Pat Cipollone said. “In fact, we believe that when you hear the facts, and that’s what we intend to cover today — the facts — you will find that the President did absolutely nothing wrong.”
But where will Trump’s defense team go in the week ahead? Well, Biden is expecting some attention.
“Look, they’ve been going full bore at me all the time and all it’s gone is gone up,” Biden told CNN on Sunday in Des Moines, Iowa. “Look, you guys know it’s a bunch of malarkey.”
Speaking briefly to reporters after an event with the International Association of Bridge, Structural and Ornamental Iron Workers, Biden said he does not feel he will need to respond to the defense team as it resumes its presentation this week.
Biden said “I’m expecting they will” make him a focus, adding, “That’s why (Trump’s) in trouble.”
Even before Sunday’s New York Times story, Sen. Mitt Romney said that it’s “very likely” that he’ll be in favor of calling witnesses in the impeachment trial, but won’t decide until after opening arguments.
- Remember: Democrats need four Republicans to vote with them in favor of subpoenas for witnesses or new evidence in order to extend the trial and gather new information.
Realistically, there are only maybe four GOP senators who would vote in favor of calling witnesses who could testify against the President. That short list includes Romney, relative moderates Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, and endangered senators up for reelection like Sen. Cory Gardner of Colorado.
Collins and Murkowski have also signaled that they’re open to hearing from witnesses, should they feel it’s needed after opening arguments.
Nadler to miss parts of Senate trial
House Judiciary Committee Chairman Jerry Nadler on Sunday announced he will miss parts of the ongoing Senate impeachment trial to help take care of his wife as she undergoes cancer treatment.
“In December, following the House Judiciary Committee markup of the Articles of Impeachment against President Donald J. Trump, my wife was admitted to the hospital where she was diagnosed with Pancreatic Cancer. She has undergone surgery and is taking further steps to address the spread of the cancer,” Nadler said in a statement on Sunday.
“On Monday, I will be in New York with her to meet with doctors, determine a path forward, and begin her treatment. I am sorry to miss some of the Senate Impeachment Trial, which is of critical importance to our democracy.”
- As a House impeachment manager, Nadler is part of a select group of lawmakers acting as prosecutors for House Democrats and arguing the case against Trump in the Ukraine scandal — and he’s already played a key part in
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