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John Flannery: Another way to secure witnesses in the Senate trial and requires no vote
medium.com
Jan 29 · 7 min read
By John P. Flannery
Another way to get witnesses, based on a reading of the Senate rules, is an application made directly to the Presiding Officer, Chief Justice Roberts, seeking a subpoena to issue for John Bolton.
This draft application (attached) for a subpoena for Mr. Bolton argues that the Presiding Officer has the authority on his own to issue a subpoena without reference to any vote by the Senate in the pending impeachment trial.
Action by the Chief Justice on this subpoena question would very likely take the “politics” out of the issue.
There has even been a proposal by one of the Senators to do just that and have the Chief Justice decide the question of witnesses.
Fence sitting Senators should prefer a procedure such as this because it relieves them from voting on the subpoena issue. It also favorably comports with the precise oath that each Senator swore, as this process is entirely impartial.
</snip>
Jan 29 · 7 min read
By John P. Flannery
Another way to get witnesses, based on a reading of the Senate rules, is an application made directly to the Presiding Officer, Chief Justice Roberts, seeking a subpoena to issue for John Bolton.
This draft application (attached) for a subpoena for Mr. Bolton argues that the Presiding Officer has the authority on his own to issue a subpoena without reference to any vote by the Senate in the pending impeachment trial.
Action by the Chief Justice on this subpoena question would very likely take the “politics” out of the issue.
There has even been a proposal by one of the Senators to do just that and have the Chief Justice decide the question of witnesses.
Fence sitting Senators should prefer a procedure such as this because it relieves them from voting on the subpoena issue. It also favorably comports with the precise oath that each Senator swore, as this process is entirely impartial.
</snip>
11 replies
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Last edited Wed Jan 29, 2020, 06:57 PM - Edit history (1)
...on the Bolton evaluations. 
But then again Citizens United and Shelby v Holder.
No telling what Roberts would do.
