Topic: Fact Witness

The judge and attorneys debate the "law of the case," noting that Alex Jones has suffered a disciplinary default, meaning he can no longer contest liability. The jury's sole role is to determine damages, yet the defense argues that the current questioning puts Jones in a position where he must either violate court orders or commit perjury. Shroyer observes that the judge and plaintiff's lawyer are doing most of the talking while Jones is silenced.

The defense points out that even Representative Jerry Nadler previously stated that due process in impeachment includes the right to call witnesses and have counsel. However, the New York Times reported that in this instance, there were no witness interviews or committee debates. The defense argues it is "unfathomable" that the framers would allow a President to be impeached without the elementary procedures of an adversarial process.