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.
-
Schools: The return of a dreaded fitness test
Feature Donald Trump is bringing the Presidential Fitness Test back to classrooms nationwide
-
An insatiable hunger for protein
Feature Americans can't get enough of the macronutrient. But how much do we really need?
-
Health: Will medical science survive RFK Jr.?
Feature Robert F. Kennedy Jr. scrapped $500 million in mRNA vaccine research contracts
-
Trump extends power with D.C. police takeover
Feature Donald Trump deploys 500 law enforcement officers and 800 National Guard members to fight crime in Washington, D.C.
-
DC protests as Trump deployment ramps up
Speed Read Trump's 'crusade against crime' is targeting immigrants and the homeless
-
Ukraine, European leaders to meet Trump after Putin talks
Speed Read Trump meets with Ukrainian President Volodymyr Zelenskyy today following talks with Russian President Vladimir Putin last week
-
Trump and Modi: the end of a beautiful friendship?
In the Spotlight Harsh US tariffs designed to wrest concessions from Delhi have been condemned as 'a new form of imperialism'
-
Border agents crash Newsom redistricting kickoff
Speed Read Armed federal Border Patrol agents amassed outside the venue where the California governor and other Democratic leaders were gathered
-
Man charged for hoagie attack as DC fights takeover
Speed Read The Trump administration filed felony charges against a man who threw a Subway sandwich at a federal agent
-
Why do Dana White and Donald Trump keep pushing for a White House UFC match?
TODAY'S BIG QUESTION The president and the sports mogul each have their own reasons for wanting a White House spectacle
-
'E-bikes have made our lives more complicated'
Instant Opinion Opinion, comment and editorials of the day