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NEW: DOJ is arguing the House impeachment vote undercuts the their demand for McGahn testimony.

It's unclear why the vote would preclude further impeachment investigation, as Dems say they're doing.

House brief to come later today. Story w @joshgerstein

politico.com/news/2019/12/2…
@joshgerstein JUST IN: Judiciary Committee argues that McGahn testimony is still urgent because it could factor into recommending "additional articles of impeachment."
@joshgerstein Underscoring this point, House lawyers say if McGahn's testimony yields more evidence of obstruction it could lead to "new articles of impeachment."
UPDATE: The House may decide to impeach Trump a second time if it uncovers new evidence that warrants such action, House Counsel Doug Letter argued Monday. politico.com/news/2019/12/2…
It's one reason (among several) the House still requires McGahn's testimony even though there's been an impeachment vote already. They also say it's useful for a Senate trial. politico.com/news/2019/12/2…
There's been no discussion or appetite for a second impeachment aong lawmakers themselves, many of whom are happy to be rid of the issue as they enter an election year and before a Senate trial on the first impeachment has even been scheduled. politico.com/news/2019/12/2…
THE FILING: politico.com/f/?id=0000016f…
JUST IN: Yet another DOJ filing contends that impeachmetn vote obviates the Judiciary Committee's need for Mueller grand jury material.
IT'S NOT CLEAR why DOJ keeps suggesting the House is precluded from seeking additional articles of impeachment just because it already voted out two.
When prosecutors file an indictment, they're not conceding that the investigation has ended (and sometimes issue superseding indictments).

Yet DOJ argues in this brief that the House's impeachment vote effectively ends any separate impeachment probe. politico.com/f/?id=0000016f…
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More from @kyledcheney see all

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Kyle Cheney
@kyledcheney
NEW: If Trump’s impeachment trial is modeled after Clinton’s, here’s how it will work.

A deep dive on the framework of a trial that could give Dems an unfettered platform to assail Trump’s conduct — but also give Rs several off-ramps.

w/ @AndrewDesiderio politico.com/news/2020/01/1…
THE OATH: In 1999, senators didn’t swear to be impartial just once. After taking the oath collectively, they were called on to swear individually by the chief justice and then sign an “oath book.”
DISMISSAL: If Trump wants his case dismissed quickly, the option will have to be included in the package of rules governing the trial — which will be adopted in the first day or two of proceedings. Clinton’s trial made it in order after opening arguments.
Read 7 tweets
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Kyle Cheney
@kyledcheney
MCCONNELL backs resolution to change Senate rules to dismiss impeachment articles if they don't arrive from the House within 25 days of passage -- or Jan. 12 in this case.
Here's the text of the proposal.
Important context:
Read 3 tweets
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Kyle Cheney
@kyledcheney
BREAKING: Speaner Nancy Pelosi says "we are ready" to send articles of impeahcment but reiterates she needs to see the rules of engagement before she can name impeachment managers, which kickstarts the trial.
Dems described two competing reasons to withhold articles:

-Senate process must be fair
-House needs to know the technical details of the process before it can name managers

House leaders initially leaned on the first but lately are leaning far more into the second reason.
Worth noting that House and Senate during Clinton impeahcment process were both Republican, so leaders had incentive to coordinate strategy and trial process.

This is the first time in history impeachment has happened in a split Congress.
Read 3 tweets

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Manu Raju
@mkraju
New - Tim Morrison told lawmakers Thursday he was concerned call transcript between Trump and Zelensky would leak and could have adverse ramifications.

Morrison was involved with discussions after the call about how to handle transcript, sources said. cnn.com/politics/live-…
Morrison has so far corroborated testimony by Bill Taylor, the top US diplomat in Ukraine, about interactions the two had regarding the president’s efforts to press for investigations, but he did deviate on some details, such as the location of an interaction, sources said.
Morrison has also been offering his opinion about what he views as right and wrong and believes the National Security Council process in regards to Ukraine was legally sound.
Read 12 tweets
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Dwight Evans
@RepDwightEvans
1/
 Starting a formal #impeachment inquiry is necessary because we have to stop the damage Trump has been doing to our government, to our Constitution, to our democracy.

washingtonpost.com/opinions/the-h…
2/
 To add to @Eugene_Robinson‘s points, both President Truman and legendary Speaker Sam Rayburn used to say, “A jackass can kick a barn down, but it takes a carpenter to build one.”

The work of rebuilding must start with cleansing the Oval Office.
@Eugene_Robinson 3/
An allegation of trying to use the power of the presidency against another country, in the context of withholding funds that Congress approved, to create dirt on a political opponent – this is incredibly serious and must be investigated.
Read 7 tweets
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Maya Wiley
@mayawiley
Of 235 #Dems in the House, 139 publicly support #impeachment investigation on #Ukraine allegations that #Trump personally & directly intervened in release of foreig#n aid $ to a “hot” war zone & raised investigating #Biden. Today I expect we will hear #Pelosi saying it’s time.
While the #MuellerReoort gave ample grounds for concern on #Trump campaign 271 contacts with #Russians, this is a case where #Trump admits undeniably dangerous behavior & obstructing Congressional oversight of it.
#Trump calls #Ukraine Pres 1 day after #Mueller testimony in Congress reduces #GOP fear of #impeachment. bit.ly/2llpbBS
Read 13 tweets
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Lindsey Boylan
@LindseyBoylan
THREAD — #IMPEACHMENT 101

OK, let's cut through the noise on impeachment.

First, let's state the obvious:

Donald Trump's entire presidency is an impeachable offense, an affront to basic human values, an insult to common sense and common decency, a threat to the rule of law.
#IMPEACHMENT 101

The #MuellerReport found multiple instances where Trump obstructed—or attempted to obstruct—justice.

He has violated the emoluments clause of the Constitution by using the office to enrich himself and his family.

He coddles dictators while alienating allies.
#IMPEACHMENT 101

Trump has repeatedly undermined the First Amendment (which he's sworn to defend) by inciting violence against the free press and calling them "enemies of the people."

His party has launched an unconstitutional assault on women’s reproductive rights and health.
Read 15 tweets
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Oeishik M.G. C. JD
@TributeProjects
A note on #impeachment -

In a court of law, under non-presidential circumstances, impeachment is a tool litigation attorneys use to discredit the opposing side's witnesses at trial. When said witness takes the stand under oath attys. present evidence contrary to what the witness
claims. This weakens the other side's case by discrediting impeached witnesses's testimony. Once a witness has been impeached - by presentment of inconsistent testimony - the judge/jury can no longer use the impeached witnesses's testimony in reaching a verdict.
Simply put, they aren't trustworthy. In the case of Presidential impeachment that broad definition of impeachment applies, but the impeachment tool is used for a very different purpose. Under the Constitution, a sitting President cannot be tried in a court of law for anything.
Read 25 tweets
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Joseph Britt
@Zathras3
Vigorous #impeachment discussion yesterday between polls and elections expert @NateSilver538 (con) and former Harry Reid person @AJentleson (pro). The subject is worth a thread.
2. As with most issues before Congress, substance and politics are closely related but distinguishable. As to substance, the argument -- persuasive to me -- is that obstruction of justice, contacts with Russians seeking to influence a US election, corruption and the rest...
3...will do mortal damage to American democracy if tolerated. Not proceeding toward impeachment proceedings means tolerating all of these things, though it is possible to deceive oneself on that point. The political argument @NateSilver538 makes is about American voters.
Read 27 tweets

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