Rob Portman: “I send a question to the desk. The CHIEF JUSTICE. Senator Portman's question is directed to counsel for the President…”

“I send a question to the desk. The CHIEF JUSTICE. Senator Portman's question is directed to counsel for the President: Given that impeachment proceedings are privileged in the Senate and largely prevent other work from taking place while they are ongoing, please address the implications of allowing the House to present an incomplete case to the Senate and request the Senate to seek testimony from additional witnesses. Mr. Counsel PHILBIN. Thank you, Mr. Chief Justice, Senators. I think this is one of the most important issues that this body faces, given these calls to have witnesses, because the House managers tried to present it as if, oh, it is just a simple question; how can you have a trial without witnesses? But in real litigation, no one goes to trial without doing discovery. No one goes to trial without having heard from the witnesses first. You don't show up at trial and then start trying to call witnesses for the first time. The implications here in our constitutional structure, trying to run things in such an upside-down way would be very grave for this body as an institution because, as the Senator's question points out, it largely prevents this Chamber from getting other business done as long as there is a trial pending.…”