House Intelligence Committee Chairman Rep. Adam Schiff (D-CA) and the other House impeachment managers sent a letter Tuesday to White House Counsel Pat Cipollone seeking to disqualify him from representing President Donald Trump at the Senate trial.
The argument: because the articles of impeachment allege Trump committed “obstruction of Congress” by following legal advice to decline subpoenas, the lawyer who advised him is a “material fact witness.”
The letter argues: “Evidence indicates that, at a minimum, you have detailed knowledge of the facts regarding the first Article and played an instrumental role in the conduct charged in the second Article. The ethical rules generally preclude a lawyer from acting as an advocate at a trial in which he is likely also a necessary witness.”
If Cipollone is to represent the president, Schiff and the Democrats argue, he should have to “disclose all facts and information to which you have first-hand knowledge that will be at issue in connection with evidence you present or arguments you make in your role as the President’s legal advocate.”
In other words, Cipollone would have to violate attorney-client privilege and his duty of confidentiality to his client, effectively disqualifying him from participating. – READ MORE