Adam Schiff has been desperate this entire time to nail President Trump to the wall and he has failed miserably. But now he's pulling out all the stops.
He has taken his role as one of the House managers over the impeachment trial way too way. He's thinking he has more power and say than what he actually does.
Schiff and the other managers sent a letter to White House Counsel Pat Cipollone in order to attempt to disqualify him from representing the President in the impeachment trial.
Here is the reason why: 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.”
Excerpts from the letter read, “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.
The extraordinary letter is the latest in a series of bold — or desperate — tactics by House Democrats determined to retain control of an impeachment process that has passed into the hands of the Republican-controlled Senate.
In other words, they are claiming that President Trump does not have a right to legal counsel.
Cipollone isn't playing games with these morons and he issues a memorandum right back saying that Schiff himself is an "interested fact witness":
[T]he House’s factual investigation was supervised by an interested fact witness, Chairman Schiff, who—after falsely denying it—admitted that his staff had been in contact with the whistleblower and had given him guidance. See Part II.C. These three fundamental errors infected the underpinnings of this trial, and the Senate cannot constitutionally rely upon House Democrats’ tainted record to reach any verdict other than acquittal.
If Schiff were to be consistent with his own logic, he would also have to disqualify himself from this trial.