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GOP senators say reports on Bolton book 'strengthen the case' for impeachment witnesses

Posted at 8:43 AM, Jan 27, 2020
and last updated 2020-01-27 11:50:21-05

WASHINGTON (AP) — Pressure is increasing on senators to call John Bolton to testify at President Donald Trump's impeachment trial after the revelation that a draft of a book by Trump's former national security adviser undercuts a key defense argument — that Trump never tied withholding military aid to Ukraine to his demand the country help investigate political rival Joe Biden.

Bolton writes in the forthcoming book that Trump told him he wanted to withhold hundreds of millions of dollars in security aid from Ukraine until it helped him with investigations into Biden. Trump's legal team has repeatedly insisted otherwise, and Trump tweeted on Monday that he never told Bolton that.

Republican senators faced a pivotal moment as they arrived on Capitol Hill to resume Trump's trial. Democrats are demanding sworn testimony from Bolton and other key witnesses, and pressure is mounting on at least four Republicans to buck GOP leaders and form a bipartisan majority to force the issue.

“John Bolton's relevance to our decision has become has become increasingly clear,” GOP Sen. Mitt Romney of Utah told reporters. He said it's ”increasingly likely" that other Republican senators will now join the push for him to appear.

Sen. Susan Collins, R-Maine, said she has always wanted “the opportunity for witnesses” and the report about Bolton's book “strengthens the case.”

The White House has had Bolton's manuscript for at least a month, and has challenged his use of certain material it considers classified, according to a letter from Bolton's attorney.

Rep. Adam Schiff, who is leading the House prosecution team, called Bolton's account a test for the senators sitting as jurors.

“I don't know how you can explain that you wanted a search for the truth in this trial and say you don't want to hear from a witness who had a direct conversation about the central allegation in the articles of impeachment,” Schiff said on CNN.

First, though, Trump's legal team will begin laying out its case in depth on Monday, turning to several high-profile attorneys to argue against impeachment.

The lawyers revealed the broad outlines of their defense in a rare Saturday session, at which they accused House Democrats of using the impeachment case to try to undo the results of the last presidential election and drive Trump from office.

As for trial witnesses, four Republicans would have to break ranks to join Democrats to call any witnesses, which would extend the trial, which has been expected to conclude fairly rapidly. The Republicans hold a 53-47 Senate majority.

Bolton's account was first reported by The New York Times and was confirmed to The Associated Press by a person familiar with the manuscript on the condition of anonymity. "The Room Where It Happened; A White House Memoir" is to be released March 17.

John Ullyot, a spokesman for the National Security Council that Bolton used to lead, said the manuscript was submitted to the NSC for “pre-publication review” and had been under initial review.

“No White House personnel outside NSC have reviewed the manuscript," he said.

When the Times report went online Sunday night, the seven House Democratic managers immediately called on all senators to insist that Bolton be called as a witness and provide his notes and other relevant documents. Sen. Chuck Schumer, the Senate's top Democrat, issued the same call.

Trump denied the claims in a series of tweets early Monday.

“I NEVER told John Bolton that the aid to Ukraine was tied to investigations into Democrats, including the Bidens," Trump said. "If John Bolton said this, it was only to sell a book.”

Trump said people could look at transcripts of his call with Ukrainian President Vlodymyr Zelinskiy to see there was no pressure for such investigations to get the aid. In that call, Trump asked Zelinskiy to “do us a favor” with the investigations as he was withholding nearly $400 million in military aid to the U.S. ally at war with Russia.

Trump falsely claimed Monday that the Democrat-controlled House “never even asked John Bolton to testify." Democrats did ask Bolton to testify, but he didn’t show up for his deposition. They later declined to subpoena Bolton, as they had others, because he threatened to sue, which could lead to a prolonged court battle.

House Democrats are showing no signs of trying to quickly subpoena Bolton’s testimony now, saying it is the Senate’s responsibility in the midst of the trial to call him and other witnesses whom the White House blocked in House proceedings.

Schiff said Bolton — known to be a copious notetaker — should also provide documents.

Bolton, who sent this book manuscript to the White House for review, is now enmeshed in a legal dispute with the White House over the manuscript's use of direct quotes and other material from meetings and foreign leader discussions. That's according to a person familiar with the matter, who spoke on condition of anonymity because the person wasn't authorized to speak on the record.

The White House has requested that Bolton remove material it considers classified, the person said, which has the book behind schedule.

Bolton acrimoniously left the White House a day before Trump ultimately released the Ukraine aid on Sept. 11. He has already told lawmakers that he is willing to testify, despite the president's order barring aides from cooperating in the probe.

“Americans know that a fair trial must include both the documents and witnesses blocked by the President — that starts with Mr. Bolton," the impeachment managers said in a statement.

Eventual acquittal is likely in a Senate where a two-thirds majority vote would be needed for conviction. Still, the White House sees the Senate presentation as an opportunity to counter the allegations, defend the powers of the presidency and prevent Trump from being weakened politically ahead of November's election.

Trump faces two articles of impeachment . One accuses him of abusing his power by asking Ukraine to investigate while withholding military aid. The other alleges that Trump obstructed Congress by directing aides to not cooperate with the impeachment inquiry.

The legal team is portraying Trump as having been harassed by investigations from federal agents — and Democrats — since he took office. The lawyers have already hinted that they will focus attention on Biden just as he campaigns for a first-place finish in next week's Iowa caucuses.

Monday's presentation was expected to include appearances by Alan Dershowitz, who will argue that impeachable offenses require criminal-like conduct, and Ken Starr, the independent counsel in the Whitewater investigation that led to the impeachment of President Bill Clinton. Former Florida Attorney General Pam Bondi is also expected to make arguments.

Many legal scholars reject Dershowitz's arguments, saying the Founding Fathers meant for impeachable offenses to incorporate a broad range of conduct by presidents. Dershowitz told The Associated Press last week that he understood that some critics thought his argument was “bonkers” but encouraged them to listen nonetheless.

Democrats argued their side of the impeachment case for three days last week, warning that Trump will persist in abusing his power and endangering American democracy unless Congress intervenes to remove him before the 2020 election.

On Saturday, the president's attorneys said there was no evidence that Trump made the military aid contingent on the country announcing an investigation into Biden. They also accused Democrats of omitting information that was favorable to Trump's case.

Once Trump's team concludes, senators will have 16 hours to ask questions of both the House impeachment prosecutors and the president's legal team. Their questions must be in writing, and Chief Justice John Roberts, who has been presiding over the trial, will read them aloud.