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BERMAN: Joining us now, Senator Richard Blumenthal of Connecticut, a Democratic member of the Senate Judiciary Committee.
Senator Blumenthal, thanks so much for being with us.
The president had been briefed on the whistle-blower complaint in August, that is before he unfroze the military aid to Ukraine. So, just that alone, is this an example of two plus two equaling four again?
SEN. RICHARD BLUMENTHAL (D-CT): It's a lot bigger than two plus two equaling four. This really terrific report shows I think shows why the president was in effect objecting to the potential charges about him before those charges were made, that clip that you showed where, in effect, he's saying no quid pro quo. And it was well before that phrase entered the public lexicon.
But it also raises the very, very profoundly important question about whether the president participated in attempting to conceal that whistle-blower report, as both the Department of Justice, the Office of Legal Counsel, and his own legal adviser said they should do. And only because the inspector general of the intelligence community insisted that whistle-blower report be made public was it evenly given public light.
BERMAN: Well, this was a White House counsel. The White House counsel reviewed the decision and then asked the Justice Department. Ultimately, they said don't turn it over.
Why would the president be responsible for that unless he ordered it which we have no evidence of?
BLUMENTHAL: There is direct evidence as yet whether or not he ordered it. But there is circumstantial evidence in the timing of his release of the aid, not until September 11th, only because of protests and I was one of the senators who urged that the aid be released. But we had no idea about the whistle-blower report. The president evidently did and that probably was a key reason that he released the aid, after learning that there was this very, very important whistle-blower complaint.
So, essentially, what it shows is consciousness of guilt.
BERMAN: You were a prosecutor for years. I was going to ask about that. Using the phrase "quid pro quo" before anyone else is using the phrase "quid pro quo", that you think shows consciousness of guilt?
BLUMENTHAL: Combined with other circumstances, absolutely. If I were arguing in case to a jury, I would say that we had enough evidence even before this report to rest my case.
But here is another piece of evidence that is very powerful that can be used in building the case, and saying that it should go forward toward impeachment.
And let me just add, if the president wants to tell the American people about his innocence, he ought to come forward --
BERMAN: Well --
BLUMENTHAL: -- and talk to Congress about it, in public, under oath, rather than hiding behind a computer screen.
BERMAN: Well, he has an opportunity or at least his people have an opportunity next week. The House Judiciary Committee is going to get in the game here. They are going to hold public impeachment hearings. And what they're going to do first is talk about the constitutionality or what constitutes an impeachability offense and they're going to have scholars in to talk about.
But the president -- he's welcomed to go, he's invited himself if he wants to, but it's more likely he sends his legal testimony there. What do you expect them to say?
BLUMENTHAL: I think what they'll say is that all of these facts, whatever they are, in the legal history here don't constitute an impeachable offense. But clearly, there was bribery, which is specifically mentioned in the Constitution as an impeachable offense. The president offered to perform a legal responsibility, namely releasing that military aid, in exchange for something of value and benefit to him.
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BERMAN: Except, the Republicans say there was no explicit promise of the release of military aid and in exchange. There is no recording of the president saying out loud, even though we had witness after witness say it's their understanding that was the case.
BLUMENTHAL: Well, as a prosecutor, I used to sometimes wish for recordings and videos of crimes. They're not all that common. What you have is circumstantial evidence.
And the powerful witnesses that were on display last week, they had nothing to gain, and everything to lose. They were career civil servants who were risking everything.
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And they consistently described what the president said about these events and what his expectations were. And where you began in this conversation, two plus two equals four. That's what you argue to a jury. And ultimately, the Senate is the jury here, and the court of public opinion.
BERMAN: Senator Richard Blumenthal of Connecticut, thanks for being with us tonight.
BLUMENTHAL: Thank you.
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