Philbin: It’s Preposterous To Suggest That The Senate Would Be Engaging In A Cover-Up

CHIEF JUSTICE JOHN ROBERTS: The question for Senator Sullivan and the other senators for the Counsel of the President. Given that the Senate is now considering the very evidentiary record assembled and voted on by the House, which Chairman Nadler has repeatedly claimed constitutes overwhelming evidence for impeachment, how can the Senate be accused of engaging in what Mr. Nadler described as a cover-up if the Senate makes its decision based on the exact same evidentiary record the House did?
PATRICK PHILBIN: Mr. Chief Justice, senators, thank you for that question. I think that’s exactly right. I think it’s rather preposterous to suggest that the Senate would be engaging in a cover-up to rely on the same record that the House managers have said is overwhelming. They’ve said it dozens of times. They’ve said that in their view, they’ve had enough evidence presented already to establish their case beyond any doubt, not just beyond a reasonable doubt. It’s totally incoherent to claim at the same time that it would be improper for the Senate to rely on that record. Your judgment may be and should be, we submit, different from the House managers assessment of the evidence because it hasn’t established their case at all. But if they’re willing to tell you that it is complete and it has everything they need, it has everything they need to establish everything they want, I think you should be able to take them at their word that that’s all that’s there. And the switch now to say that, “Well, now we need more, we need more witnesses,” I think just demonstrates that they haven’t proved their case. They don’t have the evidence to make their case. And as I went through a minute ago, they have already presented a record with over 28,000 pages of documents that’s here. They’ve already presented video clips of 13 witnesses. You’ve heard all of the key evidence that they gathered. It was their process, they were the ones that said what the process was going to be, how it had to be run, who ought to testify, and when to close it, when to decide they had enough, and you’ve heard all of these key highlights from that and that is sufficient for this body to make a decision.