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  • ♪.

  • MARIA: WELCOME BACK.

  • NOW IT GOES TO THE SENATE.

  • HISTORIC WEEK IN WASHINGTON

  • WHERE THE HOUSE OF

  • REPRESENTATIVES BROUGHT TWO

  • ARTICLES OF IMPEACHMENT AND

  • IMPEACHED PRESIDENT TRUMP.

  • NOW THE ARTICLES GO TO THE

  • SENATE, BUT HOW SOON MIGHT THAT

  • HAPPEN?

  • JOINING ME RIGHT NOW WITH

  • REACTION IS SENATOR TED CRUZ OF

  • TEXAS ON FOREIGN RELATIONS,

  • JUDICIARY COMMITTEES.

  • ALWAYS A PLEASURE TO SEE YOU.

  • >> THANK YOU, MARIA.

  • MARIA: THANKS FOR JOINING US.

  • NANCY PELOSI SAID OF AT

  • IMPEACHMENT THAT MAYBE SHE WILL

  • SIT ON ARTICLES OF IMPEACHMENT

  • BEFORE SENDING IT OVER TO YOU

  • AND YOUR COLLEAGUES IN THE

  • SENATE.

  • CAN SHE DO THAT?

  • >> YOU CAN'T MAKE THIS UP.

  • LISTEN, THIS IS A SIGN OF

  • WEAKNESS.

  • THIS IS A SIGN SHE UNDERSTANDS

  • JUST HOW WEAK THESE ARTICLES

  • ARE.

  • THE ARTICLES OF IMPEACHMENT THEY

  • ACTUALLY VOTED ON WERE REALLY AN

  • ADMISSION OF FAIL TURE.

  • THE HOUSE DEMOCRATS HAVE NOT

  • ALLEGED ANY HIGH CRIMES AND

  • MISDEMEANORS, MUCH LESS PROVEN

  • ANY.

  • NOW PELOSI IS IN A SITUATION SHE

  • KNOWS WHEN IT GOES TO THE

  • SENATE, IT WILL BE A FAIR TRIAL,

  • BOTH SIDES GET OPPORTUNITY TO

  • PRESENT THEIR CASE, WE WILL

  • PROTECT DUE PROCESS, SHE KNOWS

  • THE RESULT OF TRIAL IS

  • IMPEACHMENT CLAIMS WILL BE

  • THROWN OUT PAUSE THEY HAVEN'T

  • MET THE CONSTITUTIONAL STANDARD.

  • MARIA: DO YOU WANT TO SEE

  • WITNESSES IN A SENATE TRIAL?

  • >> I WOULD.

  • LET ME TELL YOU HOW I THINK IT

  • WILL PLAY OUT.

  • THE TRIAL WILL START IN EARLY

  • JANUARY.

  • START WITH THE CHIEF JUSTICE OF

  • THE UNITED STATES SWEARING IN

  • ALL 100 SENATORS.

  • IT WILL SHIFT TO THE HOUSE

  • MANAGERS PRESENTING THEIR CASE.

  • THAT WILL PROBABLY TAKE SEVERAL

  • DAYS.

  • THEY WILL STAND UP.

  • WALK THROUGH EVIDENCE, THEY WILL

  • MAKE ARGUMENTS T WILL SHIFT TO

  • THE WHITE HOUSE, DEFENSE TEAM

  • FOR THE PRESIDENT MAKING THEIR

  • CASE.

  • THE PRESIDENT WILL HAVE A FAIR

  • AND FULL OPPORTUNITY TO DEFEND

  • HIMSELF T WILL THEN SHIFT TO

  • QUESTIONS.

  • HERE IS WHERE IT'S A LITTLE

  • WEIRD.

  • I THINK SOME PEOPLE SEEN WHAT

  • HAPPENED IN THE HOUSE, THEY'RE

  • EXPECTING IN SENATE TO SEE BUNCH

  • OF SENATORS ASKING QUESTIONS.

  • MARIA: YEAH.

  • >> THE SENATE IMPEACHMENT RULES

  • PROHIBIT ANY SENATOR SEEKING IN

  • OPEN SESSION, IN OTHER WORDS

  • WHEN TV CAMERAS ARE ON.

  • YOU WILL NOT SEE ELIZABETH

  • WARREN AND ME GOING 15 ROUNDS ON

  • THE SENATE FLOOR.

  • THAT IS NOT ALLOWED.

  • WE'RE BOTH SITTING QUIETLY AT

  • OUR DESK.

  • WE SUBMIT QUESTIONS.

  • THE QUESTIONS HAVE TO BE IN

  • WRITING.

  • WE WRITE OUT THE QUESTIONS, HAND

  • THEM DOWN.

  • THE CHIEF JUSTICE ASKS QUESTIONS

  • FROM THE SENATORS.

  • I THINK AT THAT POINT WE'RE

  • LIKELY TO RECESS, HAVE A

  • DISCUSSION.

  • I THINK ONE OF TWO THINGS WILL

  • HAPPEN.

  • ONE IT IS POSSIBLE THAT A

  • MAJORITY OF THE SENATE WILL BE

  • PREPARED, LET'S MOVE FORWARD,

  • LET'S VOTE, THEY HAVEN'T MET

  • THEIR THRESHOLD, THEY HAVEN'T

  • COME CLOSE, LET'S REJECT THE

  • CLAIMS.

  • I THINK THAT IS OUT COME THAT

  • COULD HAPPEN.

  • SECONDLY THERE COULD WELL BE

  • PROCEDURAL FIGHT, DO WE NEED

  • MORE EVIDENCE, NEED MORE

  • WITNESSES IN WHICH CASE THAT

  • QUESTION IS DECIDED BY 51

  • SENATORS.

  • THE CHIEF JUSTICE CAN RULE IN

  • THE FIRST INSTANCE BUT THE CHIEF

  • JUSTICE CAN BE OVERRULED BY 51

  • SENATORS.

  • I THINK JOHN ROBERTS IS VERY

  • LIKELY TO FOLLOW THE REHNQUIST

  • PRESIDENT, DEFER PROCEDURAL

  • QUESTIONS TO THE SENATE.

  • WHICH MEANS IF 51 REPUBLICANS

  • AGREE, WE CAN RESOLVE ANY LEGAL

  • ISSUE.

  • TO ME THAT MEANS, IF THE

  • PRESIDENT WANTS TO CALL HUNTER

  • BIDEN, IF THE PRESIDENT WANTS TO

  • CALL THE WHISTLEBLOWER, DUE

  • PROCESS MANDATES WE ALLOW THE

  • PRESIDENT TO PRESENT HIS CASE.

  • WE SHOULD DO SO.

  • THAT IS THE QUESTION FOR THE

  • PRESIDENT AND LEGAL TEAM.

  • MARIA: BASED ON WHAT YOU KNOW

  • TODAY, DO YOU EXPECT ANY

  • REPUBLICANS TO IMPEACH IN THE

  • SENATE?

  • >> I DON'T.

  • IT IS CERTAINLY POSSIBLE.

  • THERE ARE A COUPLE THAT COULD

  • VOTE THAT WAY.

  • BUT I THINK ANYONE VOTING ON THE

  • FACTS, ANYONE VOTING ON THE LAW,

  • THIS IS A VERY EASY VOTE.

  • WHAT THEY HAVE ALLEGED IS NOT A

  • HIGH CRIME OR MISDEMEANOR.

  • YOU KNOW AS, THERE ARE TWO

  • ARTICLES.

  • THE FIRST ARTICLE IS AMORPHOUS

  • ABUSE OF POWER.

  • MARIA: YEAH.

  • >> WHICH BY THE WAY IS

  • MALADMINISTRATION.

  • LITERALLY TERM REJECTED IN THE

  • CONSTITUTIONAL CONVENTION.

  • THAT IS WHAT THEY'RE ALLEGING.

  • MARIA: RIGHT.

  • >> THAT PLAINLY DOESN'T MEET THE

  • CONSTITUTIONAL THRESHOLD.

  • THE SECOND ARTICLE THOUGH, IS

  • ORDERS OF MAGNITUDE WEAKER.

  • SO THE SECOND ARTICLE IS

  • OBSTRUCTION OF CONGRESS.

  • INTERESTINGLY ENOUGH, PEOPLE ARE

  • USED TO OBSTRUCTION OF JUSTICE.

  • MARIA: I NEVER HEARD OF

  • OBSTRUCTION OF CONGRESS.

  • I'VE HEARD OF OBSTRUCTION OF

  • POWER OR OBSTRUCTION OF JUSTICE.

  • >> OBSTRUCTION OF JUSTICE IS A

  • CLAIM, A FELONY, SERIOUS FELONY.

  • MARIA: THEY NAMED IT OBSTRUCTION

  • OF CONGRESS.

  • >> THEY COULDN'T PROVE

  • OBSTRUCTION OF JUSTICE.

  • BILL CLINTON WAS IMPEACHED ON

  • OBSTRUCTION OF JUSTICE.

  • RICHARD NIXON WAS GOING TO BE

  • IMPEACHED ON OBSTRUCTION OF

  • JUSTICE.

  • THE BASIS OF OBSTRUCTION OF

  • CONGRESS CLAIM, THAT THE

  • PRESIDENT AND EXECUTIVE AIDES

  • ASSERTED PRIVILEGES.

  • FOR EXAMPLE, WHEN THEY WANTED

  • JOHN BOLTON TO TESTIFY, JOHN

  • BOLTON, NATIONAL SECURITY

  • ADVISOR FOR THE PRESIDENT, HIS

  • LAWYER WENT TO FEDERAL DISTRICT

  • COURT.

  • SAYS THE HOUSE ASKED ME TO

  • TESTIFY.

  • WHITE HOUSE IS ASSERTING

  • EXECUTIVE PRIVILEGE.

  • YOUR HONOR, WHAT DO I DO.

  • JUDGE I HAVE TWO CONFLICTING

  • DEMANDS.

  • I WILL DO WHAT YOU TELL ME TO,

  • YOUR HONOR.

  • YOU KNOW WHAT THE HOUSE

  • DEMOCRATS DID, NEVER MIND?

  • THEY BACKED AWAY.

  • THEY DIDN'T SUBPOENA BOLTON.

  • DIDN'T LITIGATE.

  • THE NIXON CASE WAS LITIGATED TO

  • THE USE SUPREME COURT.

  • THE U.S. SUPREME COURT HANDED

  • WHITE HOUSE TO HAND OVER

  • WHITE HOUSE TAPES.

  • TWO DAYS LATER RICHARD NIXON

  • RESIGNED THAT IS HOW YOU FIGHT

  • THE MATTERS.

  • HOUSE DEMOCRATS DIDN'T DO THAT

  • INSTEAD THEIR ASSERTION IS,

  • SIMPLY CLAIMING A PRIVILEGE IS

  • AN IMPEACHABLE OFFENSE.

  • IF THAT WERE TRUE, ALL 45

  • PRESIDENTS GOING BACK TO

♪.

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