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NEW: The president filed his first legal rebuttal to the House's impeachment case — largely sidestepping the evidence presented by the House and offering constitutionally dubious arguments for rejecting the case outright.

w/ @dsamuelsohn

politico.com/news/2020/01/2…
@dsamuelsohn The White House team leans heavily into the fact that Democrats didn't charge Trump with a statutory crime — even though it's been widely agreed based on the framers, and past practice, that no such violation is necessary for impeachment.

politico.com/news/2020/01/2…
@dsamuelsohn Here is the WH's brief -- clocking in at 171 pages: whitehouse.gov/wp-content/upl…
@dsamuelsohn The brief is accompanied by a 37-page DOJ opinion declaring the many of the House's subpoenas invalid. whitehouse.gov/wp-content/upl…
@dsamuelsohn JUST IN: The House replies to Trump's initial 6-page summons response from Saturday. intelligence.house.gov/uploadedfiles/…
@dsamuelsohn Just 2 mentions of Giuliani in the White House brief compared to 91 in the House's brief. (h/t @dsamuelsohn) politico.com/news/2020/01/2…
@dsamuelsohn Here's where things get really wild: The president's team argues that a CONVICTION could be "unconstituional" because of the way the House's articles are written. politico.com/news/2020/01/2…
This raises the prospect that even if two-thirds of the Senate votes to convict Trump, he simply wouldn't accept the vote and seek to fight it. politico.com/news/2020/01/2…
My editor has some thoughts on the Trump trial brief:
By extension, this would suggest that certain narrowly passed pieces of legislation could be unconstitutional if lawmakers voting yes actually opposed certain provisions of the bills. politico.com/amp/news/2020/…
(Which is why courts almost never get in to individual legislators’ motives when making decisions on the constitutionality of congressional acts) politico.com/amp/news/2020/…
NEW: Democratic aides working on the impeachment trial described the president's legal brief as a "110-page tweet" and said it misstates facts of Ukraine evidence and law about impeachable offenses.

politico.com/amp/news/2020/…
Dem aides say they don't expect to file any additional evidence either before or during the arguments. But that could change if new developments arise (as they have routinely in this case).
Responding to the notion in the president's brief that there could be an "unconstitutional conviction," Democratic aide working on impeachment trial says it's not possible to reverse a conviction.

"There's going to be no reviewability," the aide says.
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More from @kyledcheney see all

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Kyle Cheney
@kyledcheney
THE PARNAS RECORDING:

"How long will [Ukraine] last in a fight with Russia?" Trump asked, according to audio posted by Parnas' lawyer.

"Without us, not very long," someone replies.

"Without us," Trump echoes.

soundcloud.com/the-daily-beas…
The recording includes a lot of energy industry talk and armchair political analysis.

Trumps suggests he would've had a harder time beating Clinton if she had picked Sanders as his running mate. Says she would've retained his core supporters.
On Ukraine, Trump praises Ukrainians as "great fighters" and criticizes Germany for its pipeline deal with Russia.

Trump asks: "Think Russia ever goes in and gets Ukraine or --."

Reply: "They would love to but they're scared of you," someone replies.

soundcloud.com/the-daily-beas…
Read 6 tweets
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Kyle Cheney
@kyledcheney
NEW: Trump’s lawyers will begin an impeachment defense today that’s meant to make it feel like Joe Biden is on trial.

It’s what Schiff says is Trump’s backdoor attempt to have his team do what Ukraine wouldn’t. Story w/ @dsamuelsohn

politico.com/news/2020/01/2…
@dsamuelsohn CIPOLLONE previews an argument that he says will focus on "the facts" and try to rebut the Democrats' record of the evidence.

He says defense will try to pinpoint pieces of evidence the House *didn't* show that call their narrative into question. politico.com/news/2020/01/2…
Anyone catch which outlet first reported the aid freeze?
Read 15 tweets
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Kyle Cheney
@kyledcheney
UPDATE: In a final crescendo, Rep. SCHIFF insisted the House had proved every elements of its case for Trump's removal and appealed to "moral courage" of senators — specifically those few who profess an open mind — to call for witnesses and documents.

politico.com/news/2020/01/2…
(A barely kept secret: No senator is going to change how they vote on witnesses/docs based on a stray comment by Schiff or Nadler. However they vote is how they were going to vote)
It's a little hard to believe that Republicans (who have been watching colleagues villify Schiff for months) were A) Being persuaded by his oratory, and B) Were super-persuaded until he quoted from a CBS story that they don't believe is accurate.

politico.com/news/2020/01/2…
Read 3 tweets

Related threads

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Michele Dotson
@MicheleDTweets
Recently, some whose views I greatly respect like @DavidJollyFL are calling for @SpeakerPelosi to postpone an #impeachment vote due to statements by @SenateMajLdr and @LindseyGrahamSC indicating the United States Senate will NOT conduct a fair and impartial trial...

Cont.
2 of 17

#WeThePeople MUST demand @HouseDemocrats AND @HouseGOP proceed with the #ImpeachmentVote of President Trump on a bi-partisan basis. Subsequently, the Senate, MUST hold a fair and impartial trial in which the rules and witnesses are agreed to on a bi-partisan...

cont.
3 of 17

...basis by the @SenateJudiciary @JudiciaryDems Committee. OUR House, the White House is on fire. The arsonist, Pres. Trump, was in the House setting it ablaze w/a blow torch. He’s exchanged the blow torch for a rocket launcher and taken aim at the #2020Elections.

cont.
Read 18 tweets
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Paula Chertok🗽
@PaulaChertok
💥First direct witness on Ukraine call >> Top WH Ukraine expert & decorated military officer will tell impeachment investigators he twice reported concerns about Trump’s pressure tactics on Ukraine nytimes.com/2019/10/28/us/… #UkraineGate #Impeachment
LtCol Vindman wasn't just worried about Trump's illegal demand. As a natsec expert AND Soviet immigrant, he understood the implications: Dragging Ukraine into partisan investigations would undoubtedly result in losing bipartisan support—bad for OUR natl security, good for Russia.
Trump propagandists smear hero Vindman b/c the truth is clear as day. His testimony is first-hand direct evidence of Trump's abuse of power, directing a campaign to pressure Ukraine to benefit himself—& Russia—at the expense of our national security goals. int.nyt.com/data/documenth…
Read 17 tweets
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TMV Investigations *Back-up*
@PropheticTrib
🔸1
There is ALOT of arguing about the legal #Impeachment process, so I thought I would lay the steps out for you.

Regarding the #ImpeachTrump campaign,
I am not the right person to answer if the laws are being followed by The House against the impeachment of @POTUS
🔸2
The Constitution lays out two specific actions, treason and bribery, that could lead to impeachment and removal of a president from office.

Then there is a broader category to accuse a president of a crime, although that category is more vague.
High crimes and misdemeanors
🔸3
High crimes and misdemeanors and NOT defined in the Constitution.

▫First, an impeachment resolution must be introduced by a member of the House of Representatives.
Read 12 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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Peter Daou
@peterdaou
DEM LEADERS

Here's how you do #impeachment:

Compile every statement by GOP lawmakers during Clinton's impeachment.

Call only Republicans to testify and confront them with their statements.

Make this a referendum on GOP values.

BE THE PARTY THAT DEFENDS THE RULE OF LAW
I'll start. This is @senatemajldr in 1999:

"Time after time, the President came to a fork in the road. Time after time, he had the opportunity to choose the noble and honorable path. Time after time, he chose the path of lies and lawlessness..."
Here's @LindseyGrahamSC:

“[Clinton] doesn’t have to say, ‘Go lie for me,’ to be a crime,” Graham said at the time. “You don’t have to say, ‘Let’s obstruct justice’ for it to be a crime. You judge people on their conduct, not magic phrases.”

msnbc.com/rachel-maddow-…
Read 13 tweets
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G. Elliott Morris📈🤷‍♂️
@gelliottmorris
#New PA cong. map increases D chance of winning the House majority by 4%. They only need a 6.8% generic ballot margin now (down from 7.7) to be favored.

Diff. will be closer to 10% in Nov when uncertainty from polls is ⬇️. Redraw is a very big deal.

One major reason the new PA map is such a big gain for Democrats is that it solidifies, not just tips, PA districts in Philly burbs. Also creates one additional vulnerable R district. (Easily seen in this map made by @JMilesColeman)
My forecasting model will have new PA map in the near future. This is not just a simple switch; it’s a coding redesign, restructuring of input, & drawing new geographic files. Takes a while (for me, a student).

In the meantime, just add 3-4% to the model: bit.ly/2018_house
Read 4 tweets

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