On Wednesday, Sen. Rand Paul (R-KY) responded to House Judiciary Committee Chairman Jerry Nadler’s (D-NY) accusation that the Senate is engaging in an “unconstitutional and disgusting cover-up” if it did not allow the introduction of all witnesses in President Trump’s Senate impeachment trial.
“If the Senate doesn’t permit the introduction of all relevant witnesses and of all documents that the House wants to introduce, because the House is the prosecutor here, then the Senate is — is engaging in an unconstitutional and disgusting cover-up,” Nadler said.
“Well, it’s kind of interesting,” Paul responded on Fox News’ “Your World with Neil Cavuto”. “The comment is that all relevant witnesses. Would he agree that Hunter Biden is relevant, that Joe Biden’s relevant, and that the whistleblower’s relevant?”
“My guess is no. They want all witnesses that they want. And they don’t want any witnesses that the president wants,” Paul continued. “So, I say this. Either allow all witnesses, all witnesses that the president’s defense team deems necessary to their defense, or no witnesses. We’re not going to do a kangaroo court, like they did in the House. The House only produced witnesses that Adam Schiff agreed to.”
Unsurprisingly, Nadler’s accusation is also not grounded in reality. The Constitution provides the Senate with the “sole power to try impeachments” and empowers “Each House…to determine the Rules of its Proceedings.” It is, therefore, completely within the Senate’s constitutional power to determine the witnesses in the Senate trial. If anything, the continuing pressure by the House to manipulate the rules and the trial in the Senate is unconstitutional.