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