Republicans slapped by ex-judge for claiming to be 'strict constructionists' — while doing the opposite

On Monday's edition of MSNBC's "All In," former Judge Nancy Gertner blaster Republicans like Sen. Marco Rubio (R-FL) for their anti-constitutional hypocrisy in opposing any effort to subpoena former National Security Adviser John Bolton in the Senate impeachment trial.

"There is now a sort of question about timing more broadly, Nancy, and this impasse between the two branches where, again, there is no clear guide here," said anchor Chris Hayes.

"Well, there is no clear guide," said Gertner. "But you know something, the Constitution doesn't say many things specifically. But when it talks about the Senate, it says the case shall be tried in the Senate. And the senators have to take an oath that independent of their oath as senators."

"'Trial' had a specific meaning in the 18th century," continued Gertner. "It meant witnesses. It meant an impartial jury. These were not things that were, you know, set aside comments. If you are a strict constructionist, as many of the Republicans purport to be, you would understand that trial meant witnesses, cross-examination, and oath meant an oath of impartiality as a juror would take. Bolton's coming forward makes it clear that, you know, that maybe opens, at least raises the possibility there will be other witnesses who will come forward. I don't think there really is justification here for not holding witnesses, not having witnesses."

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