ONE LAST TIME FOR THOSE IN THE BACK. Why Moscow Mitch will make the Senate trial about Hunter Biden and no one can stop him. A thread.
Before I get to that - Nancy Pelosi and the Dem Leadership team have so far masterfully dealt with the the risk I am describing. They have the press talking about how a fair trial works; who appropriate witnesses would be; how things have occurred in past. BUT THIS IS REAL
The Constitution gave "SOLE power" to House to impeach and gives "SOLE power" to Senate to remove. This means that no one including SCOTUS has authority to interfere with those bodies' work.
In the House, that meant that Dems could set the agenda, and aside from jumping up and down, there was little Rs could do. Trump obstructed that effort, and should burn for it, but it is what it is.
In the Senate "SOLE POWER" means that a majority of Senators can express the will of the Senate and THERE IS NO RECOURSE TO SCOTUS OR ANY OTHER COURT. IT IS UNREVIEWABLE AND UNAPPEALABLE.
Moscow Mitch said as much in his press conference today: 51 Senators will decide what evidence is put on. He also said that Republicans no longer favored dismissal and that he expected "Republican" witnesses to be called.
Every single argument that says that Mitch is restricted in how he goes forward is a mistake based on the way the Senate operated before Mitch became Moscow Mitch. Moscow Mitch rejects every limit on the power of his majority. And he is correct. 51 votes is king.
Wrong argument 1: Chief Judge Roberts will not allow irrelevant Trumpist BS. This is wrong because 51 Senators can overrule all CJR decisions.
Wrong argument 2: Republicans won't overrule CJ Roberts because that would play badly in the elections and make them look unfair and partisan. This is wrong because "own the libs" and "cheat like hell" are the two planks in the R platform (alongside "Sell out to Moscow")
Wrong argument 3: Republicans won't call witnesses because witnesses would prove Trump did it. This is wrong because MOSCOW MITCH AIN'T CALLING THE WITNESSES THAT PROVE TRUMP DID IT and because TRUMP ADMITS HE DID IT, SO HIS DEFENSE IS SOMETHING ELSE... I explain.
Wrong Arg 3 (cont): Calling witnesses. Trump admits he did it. So what could go wrong in the Senate? Trump's defense is that he was FIGHTING CORRUPTION and that's why he withheld the money. So he has to put on the witnesses that he says were doing corrupt stuff in Ukraine.
Wrong Arg 3 (cont): Calling witnesses. The MAIN WITNESS to Trump's theory is Hunter Biden, who he accuses (falsely, of course) of corruption in Ukrain. So Moscow Mitch will call Hunter Biden. It doesn't matter what HB says - IT'S A SMEAR.
Wrong Arg 3 (cont): Calling witnesses. The OTHER WITNESSES to Trump's defense of "corruption" are the people who will LIE AND SAY HUNTER BIDEN WAS CORRUPT. Those are corrupt Ukranians rounded up by Giuliani.
Wrong Arg 3 (cont): Calling witnesses. The OTHER EVIDENCE they will put on is falsified documents (or hacked by GRU documents) from Burisma smearing both Bidens. IT DOESN'T MATTER THAT ITS FALSE, because it will look great on TV.
Wrong Arg 3 (cont): Calling witnesses. 51 Senators can vote to give immunity for liars; they can vote to Subpoena Adam Schiff; they could subpoena Joe Biden; they could ask them questions that they can't answer outside of secret session and make them look evasive.
Wrong Arg 3 (cont): Calling witnesses. NONE OF THE THINGS I MENTION CAN BE OVERRULED. The only recourse is the vote. And if they slander Biden beyond recognition ... the vote may not help.
BOTTOM LINE: Pelosi and Schumer are doing the right thing to educate people on what a FAIR TRIAL would look like. Everyone should demand a FAIR TRIAL. Moscow Mitch has not the slightest interest in a FAIR TRIAL. Dems may refuse to forward until he commits to a FAIR TRIAL
I forgot Wrong Argument 4: The "Senate Rules" prevent Moscow Mitch from doing dumb stuff.... Y'all were here for the "Nuclear Option" right? Mitch can do whatever he wants with 51 votes.
So SUPPORT PELOSI; DON'T GET IMPATIENT; TRUST THE DEMS; DEMAND A FAIR TRIAL. Don't get discouraged. We fight to win.
