Mr. Chief Justice, I send a question to the desk. The CHIEF JUSTICE. Thank you. The question from Senator Gardner is for counsel to the President: Arguments have been made that any assertion of protection from disclosure is indicative of guilt and that the House's assertion of Impeachment power cannot be questioned by the Executive. Is that interpretation of the House's Impeachment power consistent with the Constitution, and what protects the Executive from the House abusing the Impeachment power in the future? Mr. Counsel PHILBIN. Mr. Chief Justice and Senators, thank you for that question. The House managers' assertion that any effort to assert a privilege or assert a legal immunity to decline disclosing information is somehow a sign of guilt is not the law. It is, actually, fundamentally contrary to the law. Legal privileges exist for a reason. We allow people to assert their rights. It is a basic part of the American justice system. Asserting your rights--asserting privileges and immunities to process rights even if it means limiting the information that might be turned over to a tribunal--is not and cannot be treated as evidence of guilt. To the second part of the question, as to the House managers' theory that the power of impeachment means that the President can't resist any subpoena that they issue pursuant to the power of impeachment, it is not consistent with the Constitution.…
On the recordJanuary 29, 2020
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