CNN: You-Know-Who won't testify (Hooda thunk TRUMP would ever turn down a chance to yak...?)

[Montauk6]

The House impeachment managers on Thursday requested Donald Trump testify at his upcoming Senate impeachment trial, in a dramatic move to try to get the former President on the record about his conduct surrounding the January 6 riots at the Capitol.

But Trump's legal team quickly responded by rejecting the invitation in a terse response to the House impeachment team, putting the decision back on the Democrats over whether to try to compel Trump's testimony with a subpoena.

Lead impeachment manager Rep. Jamie Raskin sent a letter to Trump's attorney Thursday requesting that Trump testify before or during the upcoming impeachment trial, which begins on Tuesday, arguing that his testimony was needed after he disputed the House's allegations that he incited the insurrection at the Capitol.

"Two days ago, you filed an Answer in which you denied many factual allegations set forth in the article of impeachment," Raskin, a Maryland Democrat, wrote. "You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021."

https://www.cnn.com/2021/02/04/politics/impeachment-trial-trump-testify/index.html

[Cirque du So-What]

1. I bet his lawyers threatened to quit if he insisted on testifying

What lawyer would want to be involved in that debacle?

[The Velveteen Ocelot]

2. His new lawyers probably threatened to quit if he did.

One of the rules of lawyers' professional ethics says you can't suborn perjury - meaning you can't knowingly allow your client to lie to the tribunal. If Trump lied to the Senate - which he certainly would - the lawyers would have to either correct the lie, or withdraw from representation. He can't afford to lose any more lawyers, lest he have to resort to Orly Taitz.

[PJMcK]

4. A question

I'm certain that you're correct, TVO. Your legal insights are mercilessly accurate!

So, here's my query. Can the Senate subpoena Trump to testify? Do they have that authority?

Thanks, in advance.

[The Velveteen Ocelot]

5. They certainly can.

There's even a specific form for a subpoena in the rules for impeachment trials. https://www.senate.gov/artandhistory/history/resources/pdf/3_1986SenatesImpeachmentRules.pdf (at page 5). Since it isn't a criminal trial he doesn't have the right to refuse to testify if he's subpoenaed, though he could plead the Fifth Amendment so as not to incriminate himself if he is subsequently prosecuted for crimes. How they could enforce the subpoena remains to be seen, though, since I don't think they can send somebody to Mierda-Loco with a tranquilizer gun, a large net and a backhoe to catch him and drag him back to D.C.

[soothsayer]

3. It's not precisely a no, though