In a last-ditch effort to call witnesses, one Democratic senator is expected to force a vote on requiring Supreme Court Chief Justice John Roberts to subpoena impeachment witnesses like John Bolton if he thinks their testimony is relevant, according to a new report.
The move from Sen. Chris Van Hollen (D-Md.) comes as Republicans grow increasingly confident they have the numbers to block a vote on Friday calling for additional witnesses, The Hill reported Thursday.
Democrats need just four GOP senators to break with their party and vote with them to enable witnesses such as former national security adviser Bolton to testify at President Trump’s impeachment trial.
Van Hollen’s effort would allow Roberts to issue subpoenas for witnesses or documents requested by either side if he thought they had “probative evidence relevant to either article of impeachment,” according to the report.
It would also allow him to override any claims of executive privilege from Trump and his legal counsel.
However, under the Senate impeachment rules, a simple majority could overrule Roberts’ decision on each matter. Roberts, who was appointed by President George W. Bush in 2005, is not obligated to step in, and instead, according to Republican senators, is likely to continue taking a backseat in the proceedings.
“No Republican can question the fairness of this approach — the Chief Justice oversees the highest court in our land and was nominated by a Republican President,” Van Hollen said in a statement.
“And, given his authority to rule on questions of privilege, they should not fear a drawn-out process.”
Increasing attention has been placed on Roberts, 65, in the dying days of the trial, with speculation that the vote on witnesses may end in a tie.
