On the recordJanuary 30, 2020
Mr. Chief Justice, I send a question to the desk on behalf of myself for the President's counsel and House managers. The CHIEF JUSTICE. Thank you. The question is from Senator Manchin for both parties. We will begin with the President's counsel. Over the past two weeks, the White House counsel had detailed all the problems associated with the House's decision to move quickly through their impeachment proceedings. Why shouldn't this body heed their advice and slow down and at least allow the judge to rule in the McGahn case to give the members of this body an official opinion from the Judiciary on Article II? Mr. Counsel PHILBIN. Mr. Chief Justice, Senator, thank you for the question. I think the key point here is the McGahn case is not going to directly resolve something related to the obstruction charges here. It is going to address a legal issue with respect to an assertion of absolute immunity for Don McGahn. There should be a decision from the DC Circuit sometime soon, but that will almost certainly go to the Supreme Court. I mean, that immunity is being challenged, and it has been relied upon by the executive for over 40 years. That is an issue destined for the Supreme Court. So the idea--it is not going to be just to slow down here a little bit. This trial can't be held open pending a final resolution of that litigation, and that is an important point, because this is something that Alexander Hamilton pointed out in Federalist No.…
Source
govinfo.gov




