Senator Kamala Harris (D-California) is calling for a freeze on judicial nominees during President Donald Trump's impeachment trial in the Senate. But an attorney says there's nothing in the Constitution that calls for such action.
"This is not new for Kamala Harris," adds Phillip Jauregui of Judicial Action Group. "She actually called for this about two months ago, but it's just baseless."
As a practical matter, Jauregui says the Senate will probably not have floor votes on nominees during the trial.
"That's because of the timing – and of course, all 100 senators have to be at their desks every day, listening, because they can't talk," he continues. "It's unlikely they'll be doing any other business anyway.
"So, at the end of the day Kamala Harris knows that there may not be votes anyway … she's [just] trying to achieve what appears to be a victory or a win. But the reality is there won't be votes likely anyway during the trial."
The senator's statement was published in The Hill and included, in part:
"The president is charged with high crimes and misdemeanors, and the Senate must take seriously its constitutional role in this process. During the time when articles of impeachment are before the Senate, it would be wholly inappropriate to advance the president's nominees to the federal judiciary."
Jauregui isn't buying the Democratic lawmaker's argument.
"She says that it's entirely inappropriate for there to be confirmations while a president is under an impeachment trial, but it's just not true, constitutionally," he tells OneNewsNow. "The other point she makes – which is a lie – is that she says the president has been accused of high crimes and misdemeanors."