(Thread) Senate Trial
Let’s talk about the difference between issues of fact and issues of law.
Bonus: This thread will help you prepare for the Twitter Bar Exam🤓
Or ⤵️Trump just admits to the facts alleged.
That avoids the need for fact witnesses.
Let’s talk about the difference between issues of fact and issues of law.
Bonus: This thread will help you prepare for the Twitter Bar Exam🤓
Or ⤵️Trump just admits to the facts alleged.
That avoids the need for fact witnesses.
1/ If there are no facts in dispute, there is no need for fact witnesses.
What would then remain would be a question of law: Do the facts warrant removal from office?
Juries (and judges in bench trials) are fact finders. No facts in dispute means no need for fact finding.
What would then remain would be a question of law: Do the facts warrant removal from office?
Juries (and judges in bench trials) are fact finders. No facts in dispute means no need for fact finding.
2/ Here are the facts put forward so far by the House (I’ve added Parnas’s bit)
💠Trump and Guiliani wanted Ukraine to announce an investigation into the Bidens.
💠Shokin said he wouldn’t help them unless they fired Yovanovitch (from Parnas)
💠Trump and Guiliani wanted Ukraine to announce an investigation into the Bidens.
💠Shokin said he wouldn’t help them unless they fired Yovanovitch (from Parnas)
3/ 💠Trump tried to fire Yovanovitch, but the State Department wouldn’t carry out the orders (also from Parnas)
💠Team Trump launched a smear campaign to get the state department to fire her
💠The smear campaign endangered her life
💠Team Trump launched a smear campaign to get the state department to fire her
💠The smear campaign endangered her life
4/ 💠After she was fired, Trump surrogates asked Zelinsky to announce the investigation
💠Zelensky said he would, but then “walked it back” and didn’t
💠This frustrated Trump
💠To put pressure on Zelensky, Trump refused to send Pence to the inauguration
💠Zelensky said he would, but then “walked it back” and didn’t
💠This frustrated Trump
💠To put pressure on Zelensky, Trump refused to send Pence to the inauguration
5/💠Zelensky still wouldn’t make the announcement
💠So Trump ordered security aid withheld
💠Zelensky still dragged his feet, but by October was apparently willing to make the announcement
💠The Whistleblower blew everything open
For more, see:
impeachment-trump.com
💠So Trump ordered security aid withheld
💠Zelensky still dragged his feet, but by October was apparently willing to make the announcement
💠The Whistleblower blew everything open
For more, see:
impeachment-trump.com
6/ 💠When Congress opened an investigation, Trump refused to cooperate, refused to turn over relevant documents, and ordered witnesses not to testify.
So far, there have basically been two parallel defenses.
So far, there have basically been two parallel defenses.
7/ Defense #1 has two parts:
💠There was not enough evidence to support the above narrative and
💠Trump was justified in withholding evidence.
Obviously that one is rather problematic on its face.
It's absurd to say “insufficient evidence” while you are hiding evidence.
💠There was not enough evidence to support the above narrative and
💠Trump was justified in withholding evidence.
Obviously that one is rather problematic on its face.
It's absurd to say “insufficient evidence” while you are hiding evidence.
8/ Congressional Republicans solved the problem by blaming it on the Democrats: They put together a “sloppy” case, so we should just throw it out.
Defense #1 lends itself to disinformation campaigns.
The second defense is: The actions in the above narrative are impeachable.
Defense #1 lends itself to disinformation campaigns.
The second defense is: The actions in the above narrative are impeachable.
9/ Most likely, Trump’s defense team will try them both, arguing in the alternative.
I suspect that Mitch McConnell prefers the first defense. We’ve already seen how the Senators can kick up dust and get behind it.
I also suspect that Trump prefers the second.
I suspect that Mitch McConnell prefers the first defense. We’ve already seen how the Senators can kick up dust and get behind it.
I also suspect that Trump prefers the second.
10/ Trump wants a finding that he had the legal right to do what he did, so the actions don't warrant removal.
The second defense is consistent with the way he has lived his life: He should be able to do what he wants and the laws in his way are wrong.
The second defense is consistent with the way he has lived his life: He should be able to do what he wants and the laws in his way are wrong.
11/ See also:
The first defense is preferred by people who don’t mind making contradictory arguments and kicking up dust—but are unwilling to completely jettison checks and balances and Congressional power.
The first defense is preferred by people who don’t mind making contradictory arguments and kicking up dust—but are unwilling to completely jettison checks and balances and Congressional power.
12/ The second defense puts the Republican Senators in a much tighter spot.
I suspect that when McConnell wanted to “coordinate” with the White House, it was because he wanted Trump to adopt the first defense.
I suspect that when McConnell wanted to “coordinate” with the White House, it was because he wanted Trump to adopt the first defense.
13/ The first defense just kicks the problem down the road, because the house can do more investigations and send it back.
Kicking the problem down the road, though, is probably the best McConnell can do.
Kicking the problem down the road gets harder if witnesses are allowed.
Kicking the problem down the road, though, is probably the best McConnell can do.
Kicking the problem down the road gets harder if witnesses are allowed.
Yup. Error in Tweet #8:
Should have been "not impeachable" or, better "doesn't warrant removal from office."
(My keyboard gremlins are at it this morning)
Should have been "not impeachable" or, better "doesn't warrant removal from office."
(My keyboard gremlins are at it this morning)
Here is an example of Defense #1⤵️
The Fox-Trump-GOP propaganda machine is equipped to handle this defense.
McConnell probably did this when he learned Trump prefers #2 🤦♂️
The Fox-Trump-GOP propaganda machine is equipped to handle this defense.
McConnell probably did this when he learned Trump prefers #2 🤦♂️
For a comment on what Dershowitz is reportedly planning to argue in Trump's defense (Abuse of Power and Obstruction of Congress are not listed in the federal criminal code), see:
(earlier: Oct. should have been Sept. That one was due to brain gremlins)
(earlier: Oct. should have been Sept. That one was due to brain gremlins)
My threads are blog posts. This one is here: terikanefield-blog.com/the-senate-tri…
Sitting in a cosy cafe on a beautiful snowy mountaintop while my teenager snowboards . . . waiting for the House Trial Brief to be made public. Should be within the hour.
Me =🤓 Eager to read a legal document
Sitting in a cosy cafe on a beautiful snowy mountaintop while my teenager snowboards . . . waiting for the House Trial Brief to be made public. Should be within the hour.
Me =🤓 Eager to read a legal document
