1/ What is an "affirmative defense", and why it matters.
** I don't have a huge reach, so if this was informative to you, please retweet to the masses! **
@JaySekulow keeps saying that the @realDonaldTrump defense team will use an affirmative defense.
** I don't have a huge reach, so if this was informative to you, please retweet to the masses! **
@JaySekulow keeps saying that the @realDonaldTrump defense team will use an affirmative defense.
2/First, a definition:
An affirmative defense to ... a criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
An affirmative defense to ... a criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
3/Now for a layman definition:
This is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
This is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
4/So, what are we looking at here?
If the affirmative defense that Sekulow keeps speaking of is proof that Hunter and Joe were in a pay-to-play scheme in Ukraine, then it really doesn't matter what Bolton or Mulvaney would have to say, would it?
If the affirmative defense that Sekulow keeps speaking of is proof that Hunter and Joe were in a pay-to-play scheme in Ukraine, then it really doesn't matter what Bolton or Mulvaney would have to say, would it?
5/No corrupt motive on Trump's part. Case closed.
Again, anything Bolton or Mulvaney might have to say is immaterial.
Again, anything Bolton or Mulvaney might have to say is immaterial.
6/For bonus points, Team Trump can call the head of OLC at DOJ to testify that in their opinion, the subpoenas issued by the House committees to the Trump administration were invalidly issued and of no force nor effect and that they so advised the President and the White House.
7/BOOM! Obstruction of Congress is gone.
So, IF @JaySekulow has the goods and can prove that Hunter/Joe Biden committed a crime, an affirmative defense would work out VERY well for @realDonaldTrump.
And we would see the #ImpeachmentHoax fall apart.
So, IF @JaySekulow has the goods and can prove that Hunter/Joe Biden committed a crime, an affirmative defense would work out VERY well for @realDonaldTrump.
And we would see the #ImpeachmentHoax fall apart.
