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.
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.
-
Deaf Republic: ‘an experimental epic of war and resistance’
The Week Recommends Ukrainian-American writer Ilya Kaminsky’s poetry collection is brought to the stage in this ‘enthralling’ production
-
The Week US subscriptions FAQ
How to manage your subscription, get digital access, enquire about delivery problems and renew gift subscriptions
-
10 upcoming albums to stream during spooky season
The Week Recommends As fall arrives, check out new albums from Taylor Swift, Jeff Tweedy, the Lemonheads and more
-
Why does Trump keep interfering in the NYC mayoral race?
Today's Big Question The president has seemingly taken an outsized interest in his hometown elections, but are his efforts to block Zohran Mamdani about political expediency or something deeper?
-
Judge lets Cook stay at Fed while appealing ouster
Speed Read Trump had attempted to fire Cook over allegations of mortgage fraud
-
House posts lewd Epstein note attributed to Trump
Speed Read The estate of Jeffrey Epstein turned over the infamous 2003 birthday note from President Donald Trump
-
Supreme Court allows 'roving' race-tied ICE raids
Speed Read The court paused a federal judge's order barring agents from detaining suspected undocumented immigrants in LA based on race
-
Trump threatens critics with federal charges
Feature Days after FBI agents raided John Bolton's home, Trump threatened legal action against Chris Christie
-
South Korea to fetch workers detained in Georgia raid
Speed Read More than 300 South Korean workers detained in an immigration raid at a Hyundai plant will be released
-
Why are Trump's health rumors about more than just presidential fitness?
TODAY'S BIG QUESTION Extended absences and unexplained bruises have raised concerns about both his well-being and his administration's transparency
-
'The McDonald's menu board is one fascinating thing'
Instant Opinion Opinion, comment and editorials of the day