The plot thickens!
Raskin: “If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on January 6, 2021.” pic.twitter.com/Pg42eLTOz1
— Andrew Desiderio (@AndrewDesiderio) February 4, 2021
The (second) Senate impeachment trial against former President Trump is set to begin on Tuesday, Feb. 9.
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What could be better? ..what fun that would be.
Call Blanche’s bluff.
Has the Senate passed the set of rules for this trial yet? So far, the only things passed I know of laid out a calendar for a reply to the impeachment article, trial briefs, rebuttal of the defense brief, and the start of the trial.
Apparently, there is some agreement on who will preside, but congress.gov does not have any "related bills" on their website. Nor have I seen rules on amounts of time, whether witnesses or affidavits may be introduced, and if such testimony will be given to the whole Senate or a committee (as was done with Clinton).
This feels like there needs to be a way to compel testimony or hold him in contempt with meaningful penalty.
Otherwise, what stops him from being the
circus clownperformer that he is and steal the headlines, redefining the message andincitingmotivating his supporters?He has potential criminal liability, so he'll retain Fifth Amendment rights. The last thing that should happen is any kind of immunity in exchange for his testimony.
If I remember correctly, only the Senate as a whole or a committee chair can issue a subpeona for testimony, and if the subject refuses, the Senate as a whole can vote to turn it over to the Justice Department to pursue in court.
"Inherent Contempt," where the chambers of Congress can enforce their own subpoenas hasn't been used since the 1930s. There is some question about if it could be used on government employees of the Executive Branch or if it can be pushed into the courts.
"…uestion about if it could be used on government employees of the Executive Branch or if it can be pushed into the courts.."
former employee
He can be ordered to appear under a subpoena, but cannot be compelled to testify over his Fifth Amendment rights absent a grant of immunity. Appearing but invoking the Fifth is not contempt.
noooo! It's s twap, a perjury twap!
He says no…he won't do it.