White House Counsel Pat Cipollone's position on the President Donald Trump's defense team in the Senate impeachment trial violates legal ethics because Cipollone is also a material witness and could face disqualification as a result, the seven House of Representatives impeachment managers warned in a letter to Cipollone on Tuesday
WASHINGTON (Pakistan Point News / Sputnik - 21st January, 2020) White House Counsel Pat Cipollone's position on the President Donald Trump's defense team in the Senate impeachment trial violates legal ethics because Cipollone is also a material witness and could face disqualification as a result, the seven House of Representatives impeachment managers warned in a letter to Cipollone on Tuesday.
"As the Supreme Court has observed, 'tradition as well as the ethics of our profession, generally instruct counsel to avoid the risks associated with appearing as both an advocate and a witness in the same proceeding,'" the letter said. "The risks are so serious that they can require a lawyer's disqualification."
Even if Cipollone never takes the witness stand, "his status as an un-sworn witness risks seriously damaging the fairness of the trial."
The warning letter was signed by the lead impeachment manager, House Intelligence Committee Chair Adam Schiff, and six other House impeachment managers - who serve as prosecutors in the Senate trial that begins later on Tuesday.
At minimum, the letter said, Cipollone must disclose all facts and information "to which you have first-hand knowledge that will be an issue in connection with the evidence you make in your role as the president's legal advocate."
The disclosure is needed so that Chief Justice John Roberts, who presides over the trial, "can be informed of potential ethical issues, conflicts and biases," the letter said.
The Trump defense plans to argue that the House impeachment charges - obstruction of Congress and abuse of office - are invalid because the US president broke no laws. A bruising partisan battle over whether or not the Senate will hear from new witnesses and consider new documentary evidence is expected when impeachment trial proceedings begin on Tuesday afternoon.
