Sen. Lindsey Graham, the outgoing chair of the Senate Judiciary Committee, told Fox News on Monday night that if the Democrats call one witness next week during the indictment of former President Trump, they will open a can of worms and Republicans will respond by call the FBI to testify.
The 50-50 Senate is preparing for another trial that, according to many Republicans, will serve no purpose other than to further divide the country. They say the Democrats want nothing more than to gain political points with the trial and get one last separation shot against Trump.
Democrats, on the other hand, say Trump should be held accountable for the deadly uprising at the Capitol last month. They want to convict Trump of ‘inciting insurgency’.
Reuters reported that House Democrats will prosecute the case in the Senate and are expected to announce on Tuesday whether they will call witnesses or not. Graham, who pointed out that no witnesses had been indicted in the House, said that if the Democrats called ‘one witness’, they would be better prepared for a lengthy trial.
“If you open the can of worms, we want the FBI to come in and tell us how people planned this attack in advance and what happened to the security footprint at the Capitol. You open Pandora’s Box when you call one witness. , “he said.
David Schoen, one of two attorneys who will represent Trump, told Hannity on Monday that Senate Democrats have already determined that Trump is guilty of the charge against him.
“This process is completely unconstitutional and it is a very, very dangerous path to take with regard to the First Amendment, which endangers any passionate political speaker who is really against everything we believe and is in conflict in this country,” he said.
Trump aides have made it clear they intend to make a simple argument at trial: Trump’s trial is unconstitutional because he is no longer in office.
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The trial, which is expected to begin on February 9, will be chaired by Senate President Pro Tempore Patrick Leahy, D-Vt., Rather than Chief Justice John Roberts.
Graham was also critical of Senator Dick Durbin, D-Ill., Over his decision to appeal to the Senate to hold a confirmation hearing for Judge Merrick Garland a day before Trump’s indictment would begin.
“Democrats do not get political points in an unprecedented act of political theater on the one hand, while also trying to claim the mantle of good government,” Graham wrote.
Fox Creus and Associated Press of Fox News contributed to this report