Subtitles section Play video Print subtitles SANDRA, BILL? >> Sandra: MIKE EMANUEL, THANKS. >> Bill: LET'S BRING IN SENATOR TED CRUZ. WELCOME BACK TO "AMERICA'S NEWSROOM," GOOD MORNING TO YOU. >> GOOD MORNING, BILL. GOOD TO BE WITH YOU. >> Bill: WOULD YOU VOTE IN FAVOR OF DISMISSAL? >> I THINK THE SENATE HAS DECIDED RATHER THAN STARTING WITH DISMISSAL WILL BE ARE GOING TO DO IS ALLOW BOTH SIDES TO PRESENT THEIR CASE. SO THE ORDER OF PROCEEDING IS GOING TO BE THE EXACT SAME WAY THE SENATE PROCEEDED WITH THIS CLINTON IMPEACHMENT TRIAL. IN OTHER WORDS, IT WILL START WITH OPENING ARGUMENTS FROM THE HOUSE MANAGERS, THEY WILL GET A FULL AND FAIR OPPORTUNITY TO PRESENT THEIR CASE, THEN IT'LL MOVE TO OPENING ARGUMENTS FROM THE WHITE HOUSE DEFENSE TEAM. UNLIKE HOW HOUSE DEMOCRATS DID IT, WE WILL GIVE THE PRESIDENT A FULL AND FAIR OPPORTUNITY TO PRESENT HIS CASE TO DEFEND HIMSELF. WE WILL THEN MOVE TO THE QUESTIONS FROM SENATORS. THE WAY THAT WILL WORK, THEY WON'T BE ORDERLY. INSTEAD, SENATORS HAVE TO WRITE DOWN OUR QUESTIONS. WE SUBMIT OUR QUESTIONS IN WRITING AND THE CHIEF JUSTICE WILL ASK THE QUESTIONS FOR US. AT THAT POINT THEN, THE DEBATES WILL HAPPEN ABOUT WHETHER OR NOT TO DISMISS THE CASE OR TO VOTE A FINAL VERDICT THEN OR TO TAKE UP WITNESSES. I EXPECT A CONTENTIOUS DEBATE DECISION, PROBABLY ABOUT TWO WEEKS FROM NOW. >> Bill: YOU WAITED OUT VERY WELL, THEN. ONCE YOU GET TO THAT POINT, WOULD YOU VOTE FOR DISMISSAL? >> I THINK AT THE END OF THIS PROCESS, THESE ARTICLES OF IMPEACHMENT ARE GOING TO BE THROWN OUT. I THINK EVIL AND NOT WITH A DISMISSAL BUT WITH A VERDICT OF NOT GUILTY. THE WAY IT WORKS IN THE SENATE, YOU VOTE ON EACH ARTICLE AND EACH SENATOR WILL VOTE EITHER GUILTY OR NOT GUILTY. THE REASON WHY THIS ENDS WITH AN ACQUITTAL IS VERY SIMPLE. THEY HAVEN'T MET THE CONSTITUTIONAL THRESHOLD. THE CONSTITUTION SPECIFIES, FOR IMPEACHMENT OF A PRESIDENT, THAT YOU HAVE TO DEMONSTRATE BRIBERY, TREASON, OR OTHER HIGH CRIMES AND MISDEMEANORS. THEY HAVEN'T DONE THAT. IN FACT, THIS IS THE FIRST TIME IN THE HISTORY OF OUR COUNTRY THAT ANY PRESIDENT HAS BEEN IMPEACHED WITHOUT EVEN SO MUCH AS AN ALLEGATION OF CRIMINAL CONDUCT. THEY HAVE NOT ALLEGED IN THESE ARTICLES OF IMPEACHMENT THAT THE PRESIDENT VIOLATED ANY CRIMINAL LAW. THEY HAVEN'T ALLEGED HE VIOLATED A CIVIL LAW. THEY HAVEN'T EVEN ALLEGED THE PRESIDENT HAS A SPEEDING TICKET. FOR THAT REASON, THIS DOESN'T MEET THE CONSTITUTIONAL STANDARD OF HIGH CRIMES AND MISDEMEANORS. SO THE END OF THIS PROCESS WILL BE AN ACQUITTAL AND I THINK THAT'S PROBABLY IN ABOUT A COUPLE OF WEEKS. >> Bill: YOU'RE NOT ANSWERING THE QUESTION YET ON DISMISSAL. PERHAPS YOU DO OVERTIME WOULD YOU FIGURE WITNESSES IN A SENATE TRIAL AFTER TODAY? YES OR NO? >> BILL, LET ME MAKE SURE OF ANSWERING THE QUESTION ON DISMISSAL. I THINK THE OUTCOME OF THIS CASE WILL NOT BE DISMISSAL. IT WILL BE AN ACQUITTAL. THOSE ARE DIFFERENT OUTCOMES. DISMISSAL THREE WAS THE CASE OUT WITHOUT REACHING A VERDICT. WE ARE GOING TO REACH A VERDICT, AND THE VERDICT IS GOING TO BE ACQUITTAL. IT'S GOING TO BE NOT GUILTY BECAUSE ON THE FACE OF IT THE ARTICLES OF IMPEACHMENT DON'T MEET THIS CONSTITUTIONAL STANDARD. THAT IS A MUCH BETTER OUTCOME FOR THE PRESIDENT SHOULD BE ACQUITTED OF THESE CHARGES THAN SIMPLY A DISMISSAL. I WANT TO MAKE SURE THE ANSWER THAT QUESTION. >> Bill: ON WITNESSES, DO YOU FAVOR CALLING THEM? YES OR NO? >> THAT'S GOING TO BE, AS I SAID, A HOTLY DEBATED QUESTION WITHIN THE SENATE. WHETHER WITNESSES GET CALLED PENS ON THE 51 SENATORS, WHETHER THEY WANT WITNESSES TO BE CALLED. MY VIEW IS, IF WE CALL WITNESSES, HE NEEDS TO BE FAIR, IT NEEDS TO BE EVENHANDED , IT NEEDS TO RESPECT DUE PROCESS. THAT MEANS IF THE PROSECUTION GET SCULLY WITNESS, THE DEFENSE SHOULD COME AS WELL. IF THE PROSECUTION GETS TO CALL JOHN BOLTON, THE PRESIDENT SHOULD BE ABLE TO CALL HUNTER BIDEN. IT OUGHT TO BE FAIR AND EVEN AND RESPECT DUE PROCESS. THAT'S THE WAY ANY FAIR PROCEEDING SHOULD BE CONDUCTED. THE HOUSE DIDN'T DO THAT. THEY DIDN'T LET THE MINORITY CALL WITNESSES. THEY DIDN'T LET THE WHITE HOUSE CROSS-EXAMINE WITNESSES. AND SAID THEY HAD A PARTISAN ONE-SIDED SHOW TRIAL. THE SENATE WILL DO MUCH BETTER. WHETHER THEY WILL BE WITNESSES OR NOT I THINK WILL BE A CLOSE CALL IN THE SENATE AND WE HAVE SOME OF THE VOTES ARE. >> Bill: TWO MORE MINUTES, TWO MORE QUESTIONS. SOME OF HER COLLEAGUES -- LISA MURKOWSKI FROM ALASKA, SUSAN COLLINS FROM MAINE, MET ROMNEY OUT OF UTAH, ALL REPUBLICANS -- CONVERSELY, DOUG JONES OUT OF ALABAMA, JOE MANCHIN, WEST VIRGINIA. DO YOU KNOW WHERE THEY ARE ON THIS ISSUE TODAY? >> YOU KNOW, I DON'T. I THINK YOU'VE IDENTIFIED SENATORS WHO COULD POSSIBLY VOTE AGAINST THE PARTY. THOSE ARE PROBABLY THE FIVE MOST LIKELY TO BE ON THE OTHER SIDE. WE WILL HAVE TO SEE HOW THINGS PLAY OUT AND WHERE THEY DECIDE TO VOTE. >> Bill: OKAY. YOU HAVE SAID REPEATEDLY AND AGAIN A MOMENT AGO THAT YOU WILL GIVE THIS PRESIDENT A CHANCE TO DEFEND HIMSELF. IN WHAT FORM OR SHAPE DOES THAT OCCUR IN THE SENATE? >> THE PRESIDENT HAS A LEGAL TAME. IT IS LED BY THE WHITE HOUSE COUNSEL, PAT CIPOLLONE. PAT AND HIS TEAM OF LAWYERS WILL BE THERE ON THE FLOOR OF THE SENATE. THEY WILL BE ABLE TO PRESENT OPENING ARGUMENTS, THEY WILL BE ABLE TO PRESENT EVIDENCE, THEY WILL BE ABLE TO CALL WITNESSES IF THEY CHOOSE. THAT'S ONE OF THE THINGS -- THERE'S ALL THIS DISCUSSION ABOUT WITNESSES. ONE OF THE IMPORTANT THINGS TO REMEMBER, IT'S NOT THE SENATE THAT CHOOSES TO CALL WITNESSES. IT IS THE PROSECUTION OR THE DEFENSE, TYPICALLY, THAT SAYS, DEFENSE, TYPICALLY, THAT SAYS -- PAT CIPOLLONE STEPPED UP AND SAYS, "WE CALL HUNTER BIDEN TO THE WITNESS STAND." AT THAT POINT THE SENATE DECIDES, WILL WE ALLOW YOU TO DO THAT? BUT IT'S THE INITIAL DECISION OF THE LAWYERS PROSECUTING AND DEFENDING THE CASE. IT'LL BE BE THE WHITE HOUSE DEFENSE TEAM IN CONSULTATION WITH THE PRESIDENT MAKING THOSE DECISIONS. >> Bill: I'M OUT OF TIME, JUST THAT ONE MORE HERE. BILL CLINTON'S IMPEACHMENT LASTED 37 DAYS. DO YOU SEE THAT HAPPENING NOW, 57 DAYS? MORE OR LESS? >> I THINK IT CERTAINLY COULD. IF WE GO DOWN THE ROPE WITNESSES. I THINK THIS CHILD COULD BE BETWEEN TWO WEEKS AND SIX WEEKS. THE BIG DETERMINATION ON THAT, IF WE GO DOWN THE ROW OF WITNESSES, HE COULD TAKE FIVE OR SIX WEEKS.
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