CNN "Erin Burnett Outfront" - Transcript: Rep. Adam Schiff (D-CA) Discuss About The Presentation Of Republicans In The Senate Impeachment Trial

Interview

Date: Jan. 28, 2020

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BURNETT: All right. Thank you very much, Sara. And OUTFRONT now, lead impeachment manager, Congressman Adam Schiff. You've all seen him making the case for Democrats. He is also Chairman of the House Intelligence Committee.

And Chairman, I appreciate your time tonight. So the President's layer today, Jay Sekulow, says House managers made reckless allegations in the presentations we saw from all of you. What did you think of theirs now they're done?

REP. ADAM SCHIFF (D-CA): Well, I think they made a really powerful case for calling John Bolton, Jay Sekulow tried to make the argument today that this was just a policy difference. This is merely just policy. But, of course, that's absolutely wrong and he's aware of that.

And I think the senators understand that the reason they're so desperately trying to prevent John Bolton testifying is that John Bolton is going to say this had nothing to do with policy. This was the President withholding military aid from an ally at war in order to course an ally into conducting an investigation, including one of his political opponent.

That's not policy, that's corruption. And that's why they're so desperate to prevent this witness from coming forward. Now, John Bolton corroborates other witnesses. So this is just one additional, but important piece of evidence to, I think, blow another hole in the President's defense.

BURNETT: It is fair that what he is saying is consistent with what all of the other witnesses have said thus far, that is for sure. And there are some Republicans who know that, OK, and they're pointing to, all right, well it happened but - and the but is Alan Dershowitz, right?

SCHIFF: Yes.

BURNETT: His defense of the President clearly summon Trump's team now think that's the best argument to get some of those moderate Republicans on their side. So it was so effective when Dershowitz said it last night that they said it again today. Here's Alan Dershowitz last night and Jay Sekulow this morning.

(BEGIN VIDEO CLIP)

ALAN DERSHOWITZ, TRUMP'S IMPEACHMENT DEFENSE ATTORNEY: Nothing in the Bolton revelations, even if true, would rise to the level of an abuse of power or an impeachable offense.

SEKULOW: I'm quoting exactly from Professor Dershowitz. He says, "Let me repeat it, Nothing in the Bolton revelations, even if true," even if true, "would rise to the level of an abuse of power or an impeachable offense.

(END VIDEO CLIP)

BURNETT: He added a second even if true, because Sekulow was appealing to Republicans that he thinks that argument will make a case. OK. It happened but it's not impeachable. John Cornyn, as you know, today said he thought that was a 'pretty compelling argument'. Do you think that that argument sealed the deal for some of your Republican colleagues?

SCHIFF: It certainly shouldn't and this is where we thought we would end up, frankly, and it's interesting to see the President's team now confirm it. They're basically saying, OK, he did it. We acknowledge he did it. We don't want John Bolton to come here, because he will just say that he did it. He withheld the money. He did try to cheat in the next election. So we have to fall back on this argument that so what, the

Constitution still doesn't permit you to remove him even though he so grossly abused his power. Well, in order to make that argument, they had to leave the field of constitutional law experts and go to a criminal defense lawyer, Alan Dershowitz, who acknowledged on the Senate floor that most constitutional lawyers don't buy his argument.

And what's more Alan Dershowitz doesn't buy Alan Dershowitz' argument 21 years ago when he was arguing about the Clinton impeachment, he made the exact opposite argument.

[19:10:05]

Bill Barr in his memo to get the job as Attorney General said a president can be impeached for abuse of power. The Republican expert witness in the House disagrees with Alan Dershowitz. So it's really quite extraordinary that their defense has come now to this very thin read, which is, yes, he did it, but we've been able to find one criminal defense lawyer who says that's not enough.

That's pretty weak stuff and I don't think it lets the senators off the hook from calling a witness that overwhelmingly, I think, 85 percent American people now want to hear from. And at the end of the day, senators going to have to decide is this going to be a fair trial or is it not and the key to a fair trial is having witnesses.

BURNETT: Now, one of those witnesses could be you. Your name has come up repeatedly during the President's defense. Here's just a few.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Mr. Schiff ...

SEKULOW: Manager Schiff ...

UNIDENTIFIED MALE: Manager Schiff ...

UNIDENTIFIED MALE: Manager Schiff ...

UNIDENTIFIED MALE: Manager Schiff ...

UNIDENTIFIED MALE: Mr. Schiff's ...

(END VIDEO CLIP)

BURNETT: And that's just a taste, Chairman. As you know, you're sitting in that room. There were 24 of those yesterday alone. Are you worried at all that you've become sort of part of their story, part of their argument or not?

SCHIFF: No. I mean, this is, again, a criminal defense tactic, which is when the evidence is really damning against your client, you attack the prosecution. So there's nothing new or notable about that. Frankly, I'm surprised they haven't done more of that, because their case is so weak. But look, there's no question that the people around the President who

had knowledge of his holding up the military aid, had knowledge about why he wouldn't let the President of Ukraine, our ally, in the door of the Oval Office when he let the Russian Foreign Minister in.

Those are witnesses that have relevant information. I don't and neither for that matter does Hunter Biden. The question is, are we going to say that in order to get relevant witnesses, we're going to let the President's team turn this into some kind of a circus. I don't think the Senators want that. It's why they're in such a predicament. They know the difference between relevant witnesses and irrelevant ones, even if that kind of argumentation pleases the President.

BURNETT: So, look, when it comes to witnesses, you may be aware, obviously, the Majority Leader McConnell says he does not currently have the votes to block them. Now, as I said, currently, that could change. But that's what he's telling his caucus tonight.

And republicans are, you heard Mitt Romney obviously making it clear he supports witnesses but sort of in a swap, John Bolton in exchange for. Well, a lot of the Republicans, one of the people they want to hear from, yes, it's Hunter Biden. Another one of them is you. They want to talk about the whole whistleblower situation.

Are there any circumstances, Chairman, where you would appear as a witness?

SCHIFF: I don't really have anything to add and I think this is just another red herring. This is their way of saying, if you want to call someone who is right in the middle of the President's extortionist scheme, that we're going to force these witnesses that really don't have anything to add. I don't think that makes any sense and I don't want to play into that gimmick.

The American people want to have a fair trial and I can understand why this is so difficult for senators to vote against, because every American that's ever had jury duty knows that it begins with witness testimony and it involves the introduction of documents. And they can throw up, well, let's call Adam Schiff. At one point they wanted to call Speaker Pelosi. They've also mentioned to attacking me.

They've invoke the name today of James Comey and Lisa Page and Peter Strzok, the whole sort of list of grievances of the President. Are they going to call those too, who also have nothing to say about the central charges against the President? I think it's merely a distraction.

BURNETT: So if it comes down to you for Bolton though, would you do it, Chairman Schiff?

SCHIFF: I don't think I have anything to offer. And again, I don't want to play into that false choice. The senators have the votes. If they want a fair trial to call John Bolton, they should call John Bolton. I think they should call Mick Mulvaney.

If the President wants to call people, if they want to call one for one, Mick Mulvaney says that John Bolton is wrong. Call Mick Mulvaney, call Secretary Pompeo. Why is it that the President can't call anyone who worked around him in his defense? And the answer is, they know he's guilty and so they want to throw up this false choice, well, we're just going to seek to inflict pain on the other side by calling Hunter Biden or we're going to call relevant people like Adam Schiff. The American people can see through that.

BURNETT: All right. Chairman, I appreciate your time tonight. Thank you.

SCHIFF: Thank you.

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