On the recordJanuary 29, 2020
Mr. Chief Justice, on my own behalf and on behalf of Senators Blumenthal, Booker, Coons, Klobuchar, Leahy, Markey, Peters, and Udall, I send a question to the desk. The CHIEF JUSTICE. The question is from Senator Whitehouse and other Senators to the House managers: The ``missing-witness'' rule--which dates back to 1893 Supreme Court case Graves v. United States--allows one party to obtain an adverse inference against the other for failure to produce a witness under that party's control with material information. Here, one party, the President, has prevented witnesses within his control from testifying or providing documents. Do the House managers believe Senators should apply the missing witness rule here, and if so, what adverse inferences should we draw about the missing testimony and documents? =========================== NOTE =========================== On page S665, January 29, 2020, third column, the following appears: The ``missing-witness rule--which dates back to 1893 Supreme Court case Graves v. United States--allows one party to obtain an . . . The online Record has been corrected to read: The ``missing- witness'' rule--which dates back to 1893 Supreme Court case Graves v. United States--allows one party to obtain an . . . ========================= END NOTE ========================= Mr. Manager SCHIFF. Mr. Chief Justice, Senators, we do believe that you should draw an adverse inference against the party resisting the testimony of these witnesses, like John Bolton.…





