Second, in parsing the language of the impeachment rules, the authors have failed to consider the Constitution itself. If their reading of the impeachment rules is correct, the chief justice could ignore the Senate and call witnesses as he pleases.
The Senate would obviously not go along with this, since Article 1, Section 3, Clause 6 of the Constitution states that the Senate has “the sole Power to try all Impeachments.”
Even if Katyal, Geltzer and Edwards’ reading of Rule V was correct, that rule would be unconstitutional and their argument would fail anyway.
We can only speculate that those making this argument resort to such gymnastics because they are not satisfied with the Constitution and the impeachment process it establishes. They apparently fear that the established process will not give them what they want, so they attempt to create a different process.