The decision sits now with the House managers. They can either just grab face time on national television or they can move to deal with their blunder and try to resuscitate this case. They might be able to do so but they will have to offer more than a witness swap.
A better compromise might be found in sacrificing one of the two articles themselves. To put it simply, it may be time to dismiss Article II. The obstruction-of-Congress article was dead on arrival, but holding a vote to dismiss the article anyway would allow the Senate to go on the record in opposition to the House handling of this impeachment.AD
The House destroyed any chance for an obstruction article when it made an impeachment by Christmas its overriding priority. The short period set by the House did not allow the White House to challenge a subpoena and effectively made the seeking of judicial review a “high crime and misdemeanor.” When Congress demands documents, presidents often have objections based on the inherent immunities or privileges of their office. Both Richard M.
There are valid presidential claims of privilege to be raised if Congress seeks to hear about communications between the president and Bolton.If the House had simply gone to court to enforce a subpoena, it would have forced a review of such privilege questions. Even before the impeachment vote, Boltonin testifying but it would require a subpoena.
In hockey, you lose a player in a power play. In football, penalties mean you lose downs or yards or possession. The Senate could similarly cry foul and dismiss Article II while moving forward on Article I with limited witnesses. While there are valid arguments for leaving the House with the incomplete record it handed over to the Senate, any House failure does not relieve the Senate of its own obligations.
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