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About this @benjaminwittes thread, I went through this "oath" issue over two years ago and... that's the way it is.

In brief, knowing they must take that the oath should sober senators, but there's no cure if it doesn't.

Now, follow along...

1/
@benjaminwittes From that 2017 thread: While the Constitution requires senators to sit on "Oath of Affirmation," here's the actual oath required by the Senate's impeachment trial rules...

2/
@benjaminwittes During Andrew Johnson's trial, the Senate decided it may not force recusal, no matter a senator's bias or interest.

FTR: One senator/juror was Johnson's son-in-law, while another would have become president if Johnson had been convicted.

From Judge Louderback's 1933 trial…
3/
@benjaminwittes Even when a senator wants to recuse (such as a newly seated senator who, when he'd been a member of the House, had voted to impeach the person now to be tried), it may be done only with permission of the Senate.

4/
@benjaminwittes And let's consider those senators who've spoken out on impeachment *against* Trump. While of course Sen. Warren isn't the Majority Leader, her past comments re Trump & impeachment seem no less at odds with the trial oath than McConnell's were today.

5/
@benjaminwittes OTOH, when some Dem senators have been asked about the trial, they've demurred – citing their prospective roles as jurors. Two who come to mind: Klobuchar and King.

But again, no matter how much bias a senator may show, there's no remedy (apart from the ballot box).

6/
@benjaminwittes It was a simpler time… and certainly not as shameless a time… yet coordination between the WH & Senate Dems and between House Repubs/impeachment managers & Senate Repubs did happen with Bill Clinton's trial.

nytimes.com/1999/01/23/us/…

7/
@benjaminwittes "Forget it, Jake. It's Impeachment Town."

8/
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Ira Goldman 🦆🦆🦆
@KDbyProxy
FUN FACT: There is a *bribery article* in the impeachment articles against President Trump.

It's Article I.

"But, Ira – Article I is titled 'ABUSE OF POWER', not 'BRIBERY', so how can you say that?"

Because it's not the title. It's the acts alleged.

B/c history…

1/
As we know, Article II of the Constitution states an official may be impeached for "Bribery".

But when the House has impeached officials for having committed bribery, has the House actually impeached them verbatim for "Bribery"? 🤔

Let's look at two cases...

2/
In 1988 the House impeached Judge Alcee Hastings for having committed bribery, but they didn't impeach him verbatim for "Bribery."

Here's Article I which has been called the "bribery" article, yet note: The word "bribery" never appears.

Puzzling, huh?

3/
Read 8 tweets
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Ira Goldman 🦆🦆🦆
@KDbyProxy
Today on "What if…?"

What if Bloomberg isn't truly running to become president?

"Ira, what do you mean?"

I mean what if his true goal is ensuring Trump's defeat by spending (eg) $500M… but for legal & strategic reasons it's best done as a candidate?
1/cnn.com/2019/11/15/pol…
Let's say Bloomberg is willing to spend (eg) $400M _on TV ads_ to defeat Trump.

It makes a difference if he's buying TV time as "Committee to Elect Bloomberg" or as "Committee to Defeat Trump".*

* – "CEB" or "CDT"

2/
A TV station has to make ad-time available to CEB; otoh, it can refuse to sell time to CDT.

Also, a TV station must run CEB's ads as-is, ie without making or demanding edits; otoh, if it sells ad-time to CDT, it can make/demand edits before running those ads.

3/
Read 8 tweets
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Ira Goldman 🦆🦆🦆
@KDbyProxy
In today's CADC decision upholding the House's right to subpoena Trump's records from Mazars, Judge Rao misstates important points about the Nixon impeachment – points that seem key to her dissent.

First, her use of "only" here is incorrect – ie, it miscites Deschler's.

1/
The Judiciary Committee found the president failed to comply "with subpenas issued by the committee for things and papers relative to the impeachment inquiry."

And so Judge Rao is wrong to assert that HJC found "the President must comply *only* with [impeachment] subpoenas".

2/
Judge Rao also writes that the impeachment article re Nixon's failure to comply with HJC subpoenas applied "only those issued after formal authorization of the impeachment investigation."

One could say that's technically correct, but it is certainly misleading because...

3/
Read 19 tweets

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