On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk for the President's counsel. The CHIEF JUSTICE. Thank you. The question is from Senator Johnson for the President's counsel: If House Managers were certain it would take months to litigate a subpoena for John Bolton, why shouldn't the Senate assume lengthy litigation and make the same decision as the House made--reject a subpoena for John Bolton? Mr. Counsel SEKULOW. Mr. Chief Justice, Members of the Senate, I think that is precisely the point. And the fact is that if, in fact, we are to go down that road of a witness or witnesses that had national-- in the case of Ambassador Bolton, high-ranking NSA--this is an individual that is giving the President advice at the highest level. The Supreme Court has been very consistent on that. That is where privileges are at their highest level. The presumed privilege, actually, is what the Supreme Court has said. And in a situation like this, I think we are going down a road--if the Senate goes down this road--of a lengthy proceeding with a lot more witnesses. And then I want to ask this question and just plant it as a thought: Is that going to be the new norm for impeachment? You put an impeachment together in a couple of weeks. We don't like what the President did. We get it through in a 2-day proceeding in front of the Judiciary Committee. We wrap it up and we send it up here and say: Now go figure it out. Because that is what this is really becoming. That is what this actually is.…
Source
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