Trump impeachment defense: ‘American people are happier.’

After Chief Justice John Roberts did not read his question aloud, Sen. Rand Paul (R-Ky.) speaks during a brief news conference during the Senate impeachment trial of President Donald Trump. | Drew Angerer/Getty Images

By Friday, President Trump’s impeachment trial could end with an acquittal. Or it could enter a new phase with witnesses. Or the senators could be deliberating in private.

WASHINGTON — Cliffhanger.

By the end of Friday, the Senate impeachment trial of President Donald Trump could end with an acquittal. Or it could enter a new phase with witnesses. Or the senators could be deliberating in private.

Senators on Thursday wrapped up two days of questions to the Trump lawyers and Democratic House Managers, with their inquiries carried to Supreme Court Chief Justice John Roberts, who is presiding, by young blue-suited Senate pages. No matter the road ahead, the conclusion will be the same, since there are not 67 votes to convict Trump and remove him from office.

The prospects of Democrats finding four Republicans to vote with them to demand witnesses and documents — the potential of finding 51 votes seemed brighter this week — seemed to be fading. Senate Democratic Leader Chuck Schumer told reporters before the Thursday session started the four votes remain elusive.

“We have always said this is an uphill fight,” Schumer said.

Takeaways:

FINAL DELIBERATIONS TO BE PRIVATE: In President Bill Clinton’s 1999 Senate impeachment trial, the final deliberations took place in private. The Senate chamber was cleared of lawyers for both sides, visitors and journalists who sit in the gallery.

Sen. Joni Ernst, R-Iowa, said she was told by her GOP Senate leaders “we will be deliberating in private.

RAND PAUL BLOWING WHISTLE ON WHISTLEBLOWER: Since a whistleblower memo surfaced about Trump’s July 25 call pressuring Ukrainian President Volodymyr Zelensky to dig up dirt on Joe Biden and his son, Hunter — triggering the inquiry leading to Trump’s impeachment - Trump has been pushing to have his or her identity made public.

Indeed, forcing the whistleblower or Hunter Biden to testify in exchange for testimony from ex-National Security Adviser John Bolton has been part of the witness swaps floated by Republicans.

Sen. Rand Paul, R-Ky., took his quest to out the whistleblower to the Senate chamber, when a page carried his question card to a clerk who handed it to Roberts.

Roberts had warned senators not to disclose the whistleblower identity; Paul had something grander in mind. He wanted Roberts to read his question, which included the names of two people; he did not directly refer to them as the whistleblower.

Roberts studied the card for a few seconds. No fool, he was not taking the bait. Roberts said, “The presiding officer declines to read the question as submitted.”

After that, Paul left the Senate chamber — flouting rules for Senators to be in attendance — and held a press conference at the Senate radio-tv studio, where he read his question.

“With all due respect,” one reporter asked, “shouldn’t you be in the impeachment hearing right now?

For those who may figure that events have sailed past the whistleblower — either the allegations were right or not — Trump attorney Patrick Philbin capsulized the argument when he said Thursday that because the “motive” and “bias” of the whistleblower are not known, the process has been “infected from the beginning.”

“… Yes, this entire proceeding here is now the fruit of the poisonous tree,” Philbin said.

Ernst told reporters Paul’s question should have been read. “I think that all questions need to be considered by the body and hear those answers.”

“And if a senator is presenting a question, I think we should be able to hear the answer to that.”

THE ODD HAPPINESS DEFENSE: Trump lawyer Eric Herschmann delivered a political — not legal — defense of Trump at one point. He was trying to dissolve the key charge against the president that he was withholding military assistance to Ukraine for his personal political gain.

“Accusing the president of doing things, in their (the prosecutors) words, solely for personal and political gain in claiming that he is not doing things in the best interests of the American people — the American people are telling you just the opposite,” Herschmann said.

“The president’s approval rating, while we are sitting here in the middle of these impeachment proceedings, have hit an all time high. A recent poll shows that the American people are the happiest they’ve been with the direction of the country in 15 years. Whether it’s the economy, security. Military preparedness. Safer streets or safer neighborhoods. They’re all way up. We, the American people, are happier.”

There you have it! Since the American people are happy and Trump remains popular, he should not be convicted.