On Episode 125 of War Room: Impeachment former White House Cabinet Secretary Bill McGinley joined Stephen K. Bannon, Raheem Kassam, and Jason Miller to discuss the impeachment trial and the Democrats’ lack of evidence.
McGinley began by explaining: “One of the criticisms of the House proceedings is that they have built their case on hearsay, opinion, innuendo. When the House sends over its record from the impeachment proceedings it will be made available to the parties, it will be made available to the Senators, but it won’t be admitted into evidence until after the Senate [votes].”
“Why is this important and why is Mitch McConnell doing it,” Bannon asked the former Secretary.
“Because we need to put the House proceedings on trial,” McGinley stated. “We’ve been saying this from the very beginning. They ran an unfair process. They denied the President due process. They have factually flawed articles of impeachment that are based upon either gaps in the evidentiary record where they’re just using summary and opinion to fill in those gaps, or its based upon hearsay: second, third, fourth hand information that is inherently unreliable. So by preserving the motion to admit the House record into evidence later in the proceedings – after the opening arguments, after the Senators ask their questions, after they decide whether or not to admit new evidence – it gives the President’s counsel an opportunity to go through the House record and say: ‘this witnesses testimony is inherently unreliable because it’s hearsay and therefore shouldn’t be admitted.'”
“This is why today is so important: what McConnell does and the unity of keeping people together,” Miller explained. “Because what Democrats want is the ability to introduce evidence, have witnesses, and continually just throw the refrigerators onto the track.”
He continued: “I want to point folks to one line from yesterday’s House Democratic filing: ‘Still new evidence continues to emerge, all of which confirms these charges. Now it is the Senate’s duty to conduct a fair trial: fair for President Trump, fair for the American people. Only if the Senate sees and hears all relevant evidence, only if it insists upon the whole truth, can it render impartial justice.’”
“There’s a couple of important points,” McGinley broke the Democrat assertion down. “Number one: House Managers bear the burden of proof. They have to demonstrate that the President should be convicted and therefore removed from office. Throughout the House proceedings the Democrats have been engaged in burden shifting. They’ve always said, ‘well if you want to demonstrate your innocence, come forward and demonstrate it. You bear the burden of proof of being able to prove that you don’t deserve to be impeached.’ That is exactly inverted of where it should be.”
“Number two,” he explained,” the House has the sole authority to impeach the President. That means they get to set the boundaries of what the charges are and the evidence…. They didn’t produce articles that actually, in clear terms, demonstrate what the President did wrong and therefore can defend himself. They are hopelessly vague. That is burden shifting to the President.”
“In a trial, the Senate is not going to stand for that. They are going to go through point by point, question by question – and I would offer motions to exclude inherently unreliable evidence, evidence where there may be some demonstrated bias and they use the opinions to try to impeach the President. The House Democrats go on trial.”
“Look at every argument that the Democrats are advancing: it’s pure hypocrisy,” McGinley elaborated. “They start an impeachment proceeding by doing the hidden Star Chamber stuff in the basement of the House with no vote… They started the impeachment proceedings without even adopting a resolution by the full House to say this is how it’s going to go until they were called out this was an unconstitutional impeachment.”