The next (and perhaps last) bit of drama in the impeachment saga is likely to be over whether to allow witnesses. Democrats are pressing to call Trump’s former National Security Advisor, John Bolton, his Chief of Staff, Mick Mulvaney, and two lesser White House officials. Most Republicans strongly resist having any witnesses and threaten to call witnesses of their own if the Democrats prevail on this issue.
The debate over witnesses is somewhat disingenuous on both sides. Democrats chose not to pursue Bolton and the others during their House investigation and the sincerity of their demand for witnesses on the Senate side is open to question. Recognizing that Trump will be acquitted, they insist that the Senate trial is a “sham” and a “cover-up.” Obtaining the right to call witnesses could undermine this key talking point. Democrats also could regret some “reciprocal” witnesses Republicans might call, such as the whistleblower. Lead impeacher Adam Schiff suddenly lost interest in hearing from him when it was revealed that he contacted Schiff’s committee before submitting his complaint.
The Republican side of the debate is equally hypocritical. Trump and his allies emphasize the lack of direct evidence concerning Trump’s involvement and motives. At the same time, they are dead set against hearing from individuals who could supply such evidence.
There’s a way to sidestep this Kabuki dance and quickly resolve the most important part of the witness issue. As a practical matter, the only proposed Democratic witness who’s likely to provide evidence relating directly to Trump is Bolton. Trump probably would invoke executive privilege to effectively prevent Mulvaney and the other current White House staffers from testifying without a protracted court fight. Bolton, however, is no longer subject to Trump’s direction and he has expressed willingness to testify if subpoenaed. Presumably, this means he would not feel constrained by an executive privilege claim against his testimony. Bolton also has hinted that he can offer valuable insights.
But why wait for a subpoena? It may well never come. Even if it does, Trump’s forces might sue to quash it, thereby causing substantial delay. If Bolton has something to say, he should take the initiative and voluntarily say it now in public for all to hear. There’s no legal obstacle to doing this. Bolton surely has a First Amendment right to speak out. He owes that much to the American people if indeed he has important new information to provide. As Schiff correctly noted in his Senate presentation, whatever Bolton and others know will eventually come out in a book or another form. It would be unconscionable for Bolton to hold off until then.