On the recordJanuary 30, 2020
Mr. Chief Justice, I send a question to the desk on behalf of myself, Senators Toomey, Cornyn, Crapo, Ernst, and Moran. The CHIEF JUSTICE. Thank you. The question from Senator Portman and the other Senators is for the counsel for the President: I have been surprised to hear the House managers repeatedly invoke constitutional law Professor Jonathan Turley to support their position, including playing a part of a video of him. Isn't it true that Professor Turley opposed this impeachment in the House and has also said that abuse of power is exceedingly difficult to prove alone without an accompanying criminal allegation, abuse of power has never been the sole basis for a presidential impeachment and was not proven in this case? Mr. Counsel PHILBIN. Mr. Chief Justice, Senators, thank you for that question. And that is exactly correct. Professor Turley was very critical of the entire process in the House and of the charges that the House-- House Democrats were considering here, both the abuse of power charge and the obstruction charge. He explained that this was a rushed process; they did not adequately pursue an investigation; that, as the Senators point out in the question, abuse of power is an exceedingly difficult theory to use to impeach a President, and it has never been used without alleging violations of the law. I think that in the discussions we have had over the past week and a half, we have pointed that out multiple times.…
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