has not actually invoked executive privilege. it's kind of silly that he's making that point. moreover, the general idea that you must go to the courts first is simply missing from the constitution. the constitution doesn't say before you can impeach you have to have the judiciary clear or anything. it's solely within the house's power to bring the impeachment, and it's solely the duty of the senate to try the case, and they don't want to do that. >> and what would this trial look like without witnesses? >> without witnesses, it looks something like a mishmash between a motion to dismiss a case where there's no witnesses or evidence, it's just arguments, that the legal elements haven't been made or kind of like a court of appeals situation where you already have the record, in this case, the house report, and the lawyers would just be making verbal arguments based on that record. so it would look something like that, but it would not look anything like a trial, fred. >> sham wu, great to see you.
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