On the recordJanuary 30, 2020
I send a question to the desk for the President's counsel on behalf of myself, Senator Ernst, and Senator Barrasso. The CHIEF JUSTICE. Thank you. The question from Senators Perdue, Ernst, and Barrasso for counsel for the President is as follows: Please summarize the House of Representatives' three-stage investigation and how the President was denied due process in each stage. Combined with Manager Schiff's repeated leaks during the House's investigation, do these due-process violations make this impeachment the fruit of the poisonous tree? Mr. Counsel PHILBIN. Mr. Chief Justice, Senators, thank you for that question. The short answer, as I think I have indicated a couple of the times I have been up here, is, yes, this entire proceeding here is now the fruit of the poisonous tree. It is the fruit of a proceeding that was fatally deficient in due process from the start to the beginning. As a result of that, it produced a record that is totally unreliable, can't be relied on here for any conclusion other than acquitting the President. Let me detail the three phases. The first error was the House began the proceeding in a totally unconstitutional, unlawful, and illegitimate manner that started with an impeachment inquiry without any vote of the House to authorize that inquiry.…
