On the recordJanuary 30, 2020
Mr. Chief Justice, I send a question to the desk on behalf of myself and Senators Capito and Scott of South Carolina--with all due respect. The CHIEF JUSTICE. The question from Senators Rubio, Capito, and Scott of South Carolina is directed to both parties, and we will begin with counsel for the House managers. The question reads: If I understand the Managers' Case: The President abused his power because he acted contrary to the advice of his advisors, but he is guilty of obstruction of Congress because he acted in accordance to the advice of his advisors. Mr. Manager SCHIFF. That is not our argument at all. The President is impeached on article I not because he acted contrary to the advice of his advisers. That is a red herring offered by the President's legal team. We are not saying that the President is not free to disregard the advice of his counsel. He is. He is entitled to disregard even really good advice. What he is not free to do is to engage in corruption. What he is not free to do is to withhold military aid--not for a valid policy disagreement. They have conceded Rudy Giuliani was not doing policy. What is not permitted is for a President to withhold congressionally appropriated money for a corrupt purpose--to secure help, to illicit foreign help, and cheat in an election. That is no policy disagreement. Now, are we arguing in article II that he should be impeached for following his lawyers' advice? No. They were following his advice.…
Source
govinfo.gov




