On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk. The CHIEF JUSTICE. Senator Schumer's question is for the House managers: Would you please respond to the answer that was just given by the President's counsel? Mr. Manager SCHIFF. I would be delighted. There are two arguments that Professor Dershowitz makes: one that is, I have to say, a very odd argument for a criminal defense lawyer to make, and that is, it is highly unusual to have a discussion in trial about the defendant's state of mind, intent, or mens rea. In every courtroom in America, in every criminal case--or almost every criminal case, except for a very small sliver where there is strict liability--the question of the defendant's intent and state of mind is always an issue. This is nothing novel here. You don't require a mind reader. In every criminal case--and I would assume in every impeachment case--yes, you have to show that the President was operating from a corrupt motive, and we have. But he also makes an argument that all quid pro quos are the same and all are perfectly copacetic. Now, some of you said earlier: Well, if they could prove a quid pro quo over the military, now that would be something. Well, we have. So now the argument shifts to all quid pro quos are just fine, and they are all the same. Well, I am going to apply Professor Dershowitz's own test. He talked about the step test, John Rawls, the philosopher--let's put the shoe on the other foot and see how that changes our perception of the case.…





