Senators break into laughter as Schiff points out ironic difference between Trump's legal defense and DOJ arguments


President Trump's impeachment defense team seems to be on a different page than lawyers in the Department of Justice.
Rep. Adam Schiff (D-Calif.) noted this disparity while answering questions from senators in Trump's Senate impeachment trial on Thursday. Schiff said that while Trump's legal team argued the House should have gone to court to force witnesses like former National Security Adviser John Bolton to testify via subpoena, Justice Department lawyers were — nearly simultaneously — arguing in a separate case that it's up to Congress to enforce subpoenas through measures like... impeachment.
"You can't make this stuff up," said Schiff. As CNN reports, a DOJ lawyer on Thursday said if the House needs to enforce a subpoena, one of its options is to use its impeachment powers. As a reminder, Trump was impeached on obstruction of Congress after ordering aides to defy subpoenas that would have brought them to the House floor as witnesses. During the court hearing (related to the Trump administration's efforts to change the census, not an impeachment-related hearing), DOJ lawyer James Burnham argued the House can't ask the courts to enforce subpoenas — precisely what Trump's impeachment lawyers are suggesting Democrats should have done. Trump's legal team says Democrats should have fought in court for further witnesses, while Trump administration lawyers say courts have no right to enforce congressional subpoenas.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
There were reportedly "audible gasps and laughs" on the Senate floor after Schiff pointed out the comedic timing of the opposing arguments.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Summer Meza has worked at The Week since 2018, serving as a staff writer, a news writer and currently the deputy editor. As a proud news generalist, she edits everything from political punditry and science news to personal finance advice and film reviews. Summer has previously written for Newsweek and the Seattle Post-Intelligencer, covering national politics, transportation and the cannabis industry.
-
How will Trump's megabill affect you?
Today's Big Question Republicans have passed the 'big, beautiful bill' through Congress
-
Judge blocks Trump's asylum ban at US border
Speed Read The president violated federal law by shutting down the US-Mexico border to asylum seekers, said the ruling
-
How successful would Elon Musk's third party be?
Today's Big Question Musk has vowed to start a third party after falling out with Trump
-
Thai court suspends prime minister over leaked call
Speed Read Prime Minister Paetongtarn Shinawatra has been suspended, pending an ethics investigation
-
Senate passes GOP megabill after Alaska side deal
The pivotal yes vote came from Sen. Lisa Murkowski, whose support was secured following negotiated side deals for her home state Alaska
-
How would the Trump administration denaturalize immigrant citizens?
Today's Big Question Using civil courts lowers the burden of proof
-
'Trucking is a dangerous business'
Instant Opinion Opinion, comment and editorials of the day
-
Trump sues LA over immigration policies
Speed Read He is suing over the city's sanctuary law, claiming it prevents local law enforcement from cooperating with federal immigration authorities