Thread by @jentaub

🍑We have commenced the final day of the House Managers' presenting their case for the impeachment of Donald John Trump

1/

McConnell said breaks every two to three hours and a 1/2 hour break during dinner if needed,

Tomorrow begins at 10 am as President's counsel begins their presentation

2/

Roberts said there were 7 hours and 53 minutes remaining for the House Managers to make their case.

Schiff begins with a "good afternoon" to the Senators and outlines the argument and presenters

3/

(1) Crow will cover the end of applying Constitutional law to the facts on first impeachment article
(2) The team will apply Constitutional law to the second impeachment article

4/

Crow shows slides of timeline when Trump gog caught and things went very fast.

5/

Also this slide

6/

Crow also showed WaPo article from September 5 when public learned about pressure on Zelensky to meddle in the 2020 campaign

7/

Trump never gave a reason for the release. He just lifted hold on funds because he got caught. Shows slide we've seen before of officials who say they have no idea why

8/

Crow takes on the President's argument of essentially "no harm, no foul."

Not true because the fact that the hold became public sent a signal to Russia that our support was waning. Russia saw, damage was done.

9/

Crow moves to Mulvaney

He plays the clip of Mick Mulvaney saying "that's why we held up the money." And when pressed that he had just confessed to the quid-pro-quo, Mulvaney said, "we do that all the time. . . and I have news for everybody, get over it."

10/

Crow anticipates the arguments the President's lawyers will make.

"Don't be fooled."

11/

1. Aid was NOT held up to allow for a policy review. But there was no review in July. Aug. or Sept. Based on Laura Cooper and George Kent testimony. In fact by May, review had been done.

12/

2. President was NOT interested in fighting corruption. He never even mentioned on either call with Zelensky. DOD had already made progress on anti-corruption goals in order to receive funds by May.

13/

3. President was NOT holding funds because he wanted to know about burden-sharing. Yet EU in total has given far more than the US to the Ukraine. They provided over $16 billion in grants and loans.

President's assertion is meritless

14/

See slide

Also, if President cared about burden shifting he would have said it to Ambassador Sondland or any of the other witnesses. He didn't.

Crow show slide show burden-sharing justification was bogus

16/

4. It's NOT true that Ukrainians only found out about the hold in August, after the call.

False. DOD announced funding in June and had not received it. Felt pressure from hold.

17/

What? Did Crow just tell us the subject matter of that one-page classified memo. I heard it too quickly. I think he said it had to do with a conversation with Zelensky after which he decided to cancel his CNN interview.

18/

Jeffries has the floor.

The president cheated, got caught, and tried to cover it up.

19/

We are still on Article I. Jeffries shows this slide

20/

Trump's advisers tried but failed to convince him to lift the hold on the military and security aid, but he refused.

Trump only lifted hold on September 11, after the hold became public, after Congress learned of whistleblower.

He released aid because he was caught

21/

Jeffries is reprising the content of the July 10 meeting during which Sondland told those present that white house meeting would only happen if Zelensky committed to the sham investigations

22/

The national security lawyer John Eisenberg at White House was very concerned when Dr. Hill spoke with him and that he would follow up with his boss, Pat Cippolone.

But Trump has blocked their testimony.

23/

Jeffries displayed this slide showing an excerpt from Dr. Hill's testimony about Eisenberg's reaction

24/

During imperfect telephone call, as Jeffries describe the July 25, call was "an important turning point."

25/

❗️Jeffries: "If there was any question as to whether Trump was directly involved in the Ukraine scheme as opposed to a rogue operation led by Rudolph Guiliani . .after July 25, there can be no mistakes. The president of the United States was undoubtedly calling the shots"

26/

Now showing a clip of Lt. Col. Vindman's underoath testimony who explained why he reported the July 25 call to Eisenberg.

27/

Jeffries also shows Morrison who also reported his concerns about the July 25 tonNSC lawyers.

We don't know what Eisenberg did to address the President's misconduct.

But we do know that the lawyers tried to bury the call. They restricted access to the call summary.

28/

Eisenberg claimed apparently that it was a "mistake" to place the call record on the secret server.

Morrison had recommended access to the call record be restricted. He later learned record was in a highly-classified system. Eisenberg said it was "an administrative error"

29/

But, even though it was apparently a "mistake," the call record was not removed from the classified system.

Eisenberg and Ellis (two NSC lawyers) refuse to testify, so we don't really know why it was put on the highly classified system.

30/

Instead of addressing the President's misconduct, Eisenberg tried to cover it up.

31/

Jeffries asked: "Who ordered the cover up of the call record? Who ordered the cover up of the call record? The American people deserve to know."

32/

After call, Sondland and Volker worked with Rudy on a draft announcement for Zelnsky to make re the Crowdstrike conspiracy and the Biden smears

33/

A week after the call, a whistleblower filed a complaint concerning the call. Landed at CIA general counsel office who alerted Eisenberg. They all determined the allegations had a reasonable basis. White House lawyers worked with the Attorney General to cover up the report.

34/

Slide

35/

Meanwhile, while the AG and WH tried to cover up the call, the inspector general who had the whistleblower report followed the law and informed the acting director of national intelligence. The acting DNI broke law and did not within 7 days give it to congress.

36/

Instead the acting DNI sought advice from the White House. The office of legal counsel told the President about the whistleblower complaint. Then the office of legal counsel told the acting director of DNI that he was not required to hand over complaint to Congress.

37/

The office of legal counsel (who works in White House) told acting DNI he did not have to hand over complaint to congress because it was not an "urgent matter"

38/

Important. Trump did not invoke executive privilege. Instead White House secretly instructed the acting DNI to withhold complaint with possibility might be privileged.

39/

🔥Jeffries: "But truth crushed to the ground will rise again. There's a toxic mess at 1600 Pennsylvania Avenue. . . Its our collective job on behalf of the American people to try to clean it up"

40/

He is giving us all a pep talk about the "tough spots" we have been in before as Americans. "But we made it to the other side."

41/

Jeffries: 'We can handle adversity. . .but what are we going to do about our character?"

42/

Crow is back. He is discussing the late August Politico article that made public broadly the existence of hold on aid.

43/

Crow discusses testimony from Laura Cooper of DOD. Shows how Trump was still not budging on aid even after both Defense Secetary Esper and Secretary Pompeo made with the President

44/

Clip of Morrison had a secure phone call with Amb. Taylor when he was concerned about linkage of hold on aid. He also had call with Bolton

Morrison went and told the lawyers

45/

Crow shows a letter from Senators on September 3 to Mulvaney asking to release the aid.

46/

Another letter from House Foreign Affairs Committee to Mulvaney.

Also trip on that day to Kyiv with two senators hosted by Taylor

47/

Crow displays excerpt from September 5 Washington Post Editorial Board opinion about the president's scheme to pressure Zelensky to unlawfully help him in re-election campaign

48/

Crow has moved to September 7th. Shows clip of Morrison testifying about Sondland telling him of a phone call with Trump. That Sondland believed after call that in order to get aid released, Zelensky had to make announcement.

49/

Gave Morrison a sinking feeling as money had to be spent by month's end. So he told the lawyers again.

50/

On the next day, September 8, Taylor expressed concern that Zelensky was being pressured, might make public announcement and then still not get the funds for Ukraine.

"The Russians love it (And I quit.)"

51/

There are, Crow said, hundreds of documents that show the White House was trying to devise an after the fact cover story about the reasons for the hold in case he was exposed.

52/

Three House committees launched an investigation on September 9th.

In response, OMB tried to create a paper trial.

Duffey sent email that made false statements. Wanted to shift responsibility for delay to Pentagon.

McCusker wrote, "You can't be serious. I am speechless"

53/

The next day, House Intel sent letter to the Acting DNI asking why he was not handing over complaint

54/

One day later, on September 11, the President decided to lift the hold.

Only logical conclusion was because he got caught.

55/

Lifting of the hold does not show good faith, it does not show it was okay.

Fact that scheme "failed" does not change legal liability.

56/

On September 12, Taylor informed Zelensky that the President's hold had been lifted. Next day he was urged to cancel CNN interview.

Only on 17th - 18th after speaiing with Pence did they cancel CNN interview

57/

Zelensky remains under pressure to this day.

David Holmes said Ukrainians still want and need meeting in Oval Office. At still at war and still needs aid, including some still delayed from last year.

58/

Holmes' testimony

59/

Crow said Sondland was right when on July 26 he told Holmes in the Kyiv cafe that "The president doesn't care about Ukraine. He only cares about the big stuff" meaning stuff that helps him personally."

60/

One more presentation on Impeachment Article I. After that a break

61/

Schiff is explaining the three ways in which our country is harmed

62/

Now Schiff is running through each of this one-by-one, starting with how Trump harmed our national security

63/

We owe our ally after a promise to protect them

64/

Schiff is explaining the importance of Ukraine to the US.
Putin was worried in 2013 that Ukraine would join EU. Uprising in 2014, followed by invasion.

I have some notes on this as well. (Remember typos exist and not proofread).

65/

Schiff: "If we had not supported Ukraine in 2014 . . would have invited more Russian adventurism.

"Deterring Russia requires persistence." We need consistent support for our friends.

66/

Schiff references George Schultz describing diplomacy like gardening.

67/

Schiff: This is how alliances wither and die and how Russia wins."

It's important to our security that we stand with Ukraine.

68/

Schiff said Trump's scheme undermines our efforts to promote rule of law abroad.

Also said it's painful to hear how our allies speak about our president.

69/

Taking a break now. Imagine I'll be back by 4.

70/

Back early. It's 3:12.

Schiff is speaking about Ukraine defending itself against a war with Russia.

"I hope it was worth it for the President. It certainly wasn't worth it for the United States."

71/

Schiff is talking about the Mueller investigation and how Trump chose to believe Putin and not his own intelligence agencies. There's a pattern. Instead of denouncing Russian interference, he denounce those investigating.

72/

Bringing it all back to Trump's deference to Putin, Schiff is showing us how the President is undermining US interests.

"Do you think if we do nothing it's going to stop now? All of the evidence is to the contrary. You know it's not going to stop."

73/

President Trump's betrayal began in 2016 when he first solicited Russian inteference in our election. Continued in 2018 in Helsinki. When he criticized US officials investigating him. Continued 2019.

74/

Schiff: "And the abuse of power continues. He is still trying to cheat in the next election."

75/

"Let's just try to step into someone else shoes for a moment. . . Let's imagine it was anyone of us."

76/

Invites us to step into Amb. Yovanovitch's shoes.

77/

"You don't realize how important character is in the highest office in the land until you don't have it" until you have a president who pressures an ally to help him cheat in the election, by smearing a US citizen.

78/

Not just Ukraine and Russia, it was also an invitation to China to investigate the Bidens.

Schiff is reminding of of Rudy saying "of course I did" to Chris Cuomo on television when asked if he was investigating Biden

79/

Both Guiliani and Trump are doubling down.

In December Rudy traveled to Hungary and Ukraine to interview corrupt Ukrainian prosecutors

Trump "can't be indicted, can't be impeached," and "if you believe our Attorney General" can't even be investigated

80/

Schiff is quoting our founders concerns about foreign influence and interference.

Also quoted Mulvaney, "Get over it, there's going to be politics in foreign policy."

Schiff: But I don't think that was Washington or Adams or

81/

Jefferson's point. They recognized what a profound danger that would be to become the new normal

82/

"Our founders understood that a President like Donald Trump might one day grasp the reins of power."

Trump "will stop at nothing to retain his power."

And, "There is every reason to believe that will continue"

83/

"He has showed neither remorse nor acknowledgement of wrongdoing."

84/

Fifteen minute recess

85/

Trial continues. Missed a bit.

Val Demings has the floor. She is discussing the second article of impeachment, obstruction of Congress

86/

"These are tough times," Demings said, "but we must stop this President. Today we will explain why."

87/

Demings: He acted in plain sight and "his obstruction remains ongoing."

Now Sylvia Garcia has the floor.

88/

Garcia will move beyond the overview that Demings provided.

She will describe the evidence "he lawlessly hid from Congress and the American people."

89/

Garcia: "He orchestrated a coverup and he did it in plain sight"

Three parts to this. See slide

90

(1) Refused to turn over whistleblower complaint

(2) Issued a blanket order banning all cooperation

(3) Publicly attacked key witnesses

91/

Coverup began on July 25th when call record was placed on highly-classified computer system.

He also kept freeze secret and did not tell Congress

Because as Blair said, "expect Congress to become unhinged" if they find out about hold on aid

92/

Unprecedented actions. President Trump maneuvered to keep the whistleblowers concerns away from Congress.

This had never happened before.

Only with pressure did WH produce complaint, but weeks after legal deadline

93/

Attempt to hide key info from Congress "was only the first sign of things to come."

On September 24, Speaker Pelosi announced investigation into Ukraine pressure would be part of House impeachment inquiry

94/

On tarmac Trump said the House impeachment inquiry should not be allowed. He said there should be a way of stopping it. "It shouldn't be allowed. There should be a way of stopping it. Maybe legally through the courts."

95/

President used office, spent time at rallies, press conferences and on Twitter trying to persuade people that the impeachment inquiry was invalid. Called it a "hoax" and "a coup" and a "witch hunt."

96/

Attacks continued. "President Trump turned from rhetoric to action."

White House sent a letter on October 8th refusing to have president participate in the inquiry. Letter signed by Pat Cippolone

97/

President made no claim of privilege and made no attempts to cooperate.

"These words had consequences. . .They were more than 8-pages of words."

98/

The House committees "sought a total of 71 categories of information from various departments and agencies and President Trump blocked every single one.

99/

Initially, upon receiving a subpoena, the Department of State seemed like it might cooperate. They sought "accommodations." This is a normal process.

Committees sought the non-privilege documents first as a priority.

But "that was the end." Documents not provided

100/

And on TV Secretary Espers said the Department of Defense would seek to comply with the House subpoenas.

101/

But then when the White House sent that letter, every office was under this instruction not to cooperate.

That's about 2 million public servants. All ordered not to provide information to Congress

Each agency and office followed President's order

102/

Nothing, "nada" was produced

103/

The DOD changed its position, and referenced the White House October 8th letter, DOD said it was "unable to comply with your request for documents at this time.

104/

Lofgren is going through specific examples of the President's obstruction, including witnesses who were ordered not to testify or provide documents in light of the October 8th letter. This includes OMB and specific people like the national security council lawyer Eisenberg

105/

One such person is Ulrich Brechbuhl who was blocked from testifying, yet he's in the loop

106/

See texts from July 10

107/

Trump prevented at least 12 current or former officials not to testify, 9 of whom defied duly authorized subpoenas.

However, these witnessed showed courage

108/

His orders not to testify were obstruction plain and simple, Lofgren said

109/

Demings has the floor again.

She zeroes in on the brazen public attacks leveled by Trump on the courageous witnesses who testified

110/

Here's an example of the attacks on witnesses that were broadcast to millions of Americans. This was a "campaign of intimidation" to discourage others from coming forward with documents or testimony.

"As we all know witness intimidation is a federal crime"

111/

Demings said htere's not enough time to go over all of the examples of Trump engaging in witness intimidation, but will provide a few

Started with Marie Yovanovitch

112/

She is highly respected. When she was testifying, Trump was tweeting out attacks

113

Yovanovitch testified that he found these real-time attacks is intimidating to other witnesses

"It's very intimidating."

114/

Demings also mentioned Ambassador Bill Taylor who Trump also attacked.

115/

Trump in more than 100 statements about the whistleblower over a two-month periods challenged, questioned motives, or attacked whistleblower and also threatened violence against the people who spoke to the whistleblower

116/

He attacked Lt. Col. Vindman, questioning his loyalty to the US. He earned a purple heart, he was in active duty for 20 years.

117/

Demings said the president needed to make these threats because he "desperately needed to keep witnesses from testifying."

"Senators we cannnot, we must not condone the presidents attacks on witnesses and whistleblowers" people who put our country first.

118/

Nadler has the floor. Discussion is moving now from facts to the law.

It's your job to hold the President in check

119/

Nadler displayed this slide

120/

Congress needs information and the power to gather information in order to do its work.

If President ignores Congressional subpoenas our ability to keep a president in check is lost

121/

This is a "direct order from the President of the United States to completely disregard our subpoeanas"

"Without information, we cannot act"

122/

This is a president who says the Constitution allows him to do whatever he wants.

123/

The framers had something to say about unchecked presidential power.

Trump calls people who wish to investigate him "human scum"

124/

Nadler compares Nixon to Trump. And relatively speaking, Nixon looks cooperative!

125/

Nadler asserts that the investigations are grounded in Article of the Constitution

126/

Supreme Court case from 1957 affirms the obligation of citizens to obey congressional subpoenas

127/

More recently federal judge Jackson in the McGahn case reaffirmed this

128/

Since "dawn of the Republic," Congress has had the ability to investigate presidents

129/

And, Presidents have complied with congressional subpoenas

130/

In the case of Impeachment, subpoenas cannot be thwarted by ordinary executive privileges or ordinary objections.

131/

Nadler displays a quote from President Polk

132/

Now Nadler's posting a pic of George Washington with a quote supporting the right to demand "papers and information" from the executie

133/

Justice Joseph Story had something to say as well, and Nader puts it on the screen

134/

Nadler brings more receipts. Back to President Polk again

135/

And, even President Johnson who was himself impeached did not defy information requests

136/

Also, Nixon, unlike Trump, encouraged all members of White House staff to appear voluntarily

137/

We should not forget that Nixon failed to produce recordings, and that resulted in an article of impeachment for obstruction of congress (Remember committee voted for the articles, but Nixon resigned before the full house vote).

138/

Trump's behavior hear has "no analogue in the history of the Republic."

"President Trump is an outlier. . . If he is permitted to defy the Congress entirely" then we will "have lost the power to hold any President accountable."

139/

"He is a dictator. This must not stand."

140/

Lofgren has the floor again.

Justice Department view that a sitting President cannot be held criminally liable while in office. But there's a problem then if the President obstructs an impeachment process. He cannot be allowed to sabotage an impeachment

141/

Supreme Court in 1880

142/

Judge Sirica 1972

143/

Lofgren is discussiong U.S. v. Nixon (1974). Here's a link to a summary of that decision

oyez.org/cases/1973/73-…

144/

And a screenshot of a summary also from Oyez

145/

The President's conduct is inconsistent with his duties but also with his oath to be faithful to the Constitution

146/

Nice move. Lofgren even quotes Lindsey Graham and projects a smiling photo of him saying that Nixon failing to answer a subpoena made him subject to impeachment "because he took the power from Congress over the impeachment process. . and he became the judge and jury"

147

She displays results of subpoena enforcement lawsuits

148/

Lofgren also cites impeachment expert Frank Bowman

149/

Lofrgen mentions Article III against Nixon

150/

She's harkening back to the Constitutional Convention

July 20th 1787 Gouverneur Morris said, "This magistrate is not the King, the people are the King."

151/

Jeffries has the floor. "I am the only thing standing between you and our dinner."

152/

He will try to "be brief, be bright, and be gone."

153/

Defying the subpoenas alone qualifies as a type of high crime and misdemeanor

"I alone can fix it"

"I am the chosen one."

"I can do whatever I want."

154/

Why do the President's excuses fail? Jeffries goes through the four reasons on this slide

155/

President's reasoning shown below

156/

"No man can be judge in his own case."

157/

Denial of guilt does not entitle a president to blanket defiance of subpoenas

158/

For earlier impeachments House was *also* controlled by the opposing political party, but this did not matter. Still must honor subpoenas

159/

Jeffries: "The President is not a king."

"He must be held accountable for abusing his power"

"What does it mean to put America First?"

160/

Adjourned. Thirty minute break

161/

Trial resumed. Crow has the floor.

All people including the president are bound by the law

162/

“The President truly believes he is above the law. This is not our system and it never has been”

163/

Pattern of obstruction. “It is consistent with his previous efforts to undermine United States government investigation of foreign interference” in our elections

163/

President has used the authority of his office to block the investigations. In addition to ordering people not to testify. Ridiculing witnesses. Sowing confusion to distract the American people.

164/

Crow says he has some ideas about what makes America great. "Generations after generation there have been Americans willing to put aside their self interests" for the public good, for this country.

165/

"My time is done and it is now your turn" -- Crow

166/

Schiff begins the final presentation of the evening.

"First point I'd like to make is I'm tired."

167/

"But I'm also deeply grateful for just how you have attended to these presentations and discussions these past few days"

"And that's all we can ask, that you hear us out and make your best judgment consistent with your conscience and our Constitution."

168/

Schiff is summarizing the two articles of impeachment.

Says it has been proved that Trump solicited the assistance of the Ukrainian government.

Refrain, "that has been proved" after each aspect of what Trump did.

It will be worth listening to this again.

169/

Actually he is reading the Articles verbatim, it seems. Then pausing to say, "that has been proved."

Read articles here with notes provided by NYT

nytimes.com/interactive/20…

170/

Ends reading Article I: "President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States."

Says: "that will be for you to decide"

171/

Schiff is reading Article II. You can read it here. After each paragraph he says, "that has been proved."

nytimes.com/interactive/20…

172/

He reads the last sentence of Article II: "President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States."

"That will be for you to determine."

173/

Schiff draws our attention to the second article. "The facts of the president's defiance of congress" were uniform, categorical and uncontested.

Just as significant as the first even if faster and easier to present.

174/

If there is no Article II, there will never be an Article I. Because Congress needs ability to investigate an impeachable offense.

The impeachment power will be gone without being able to remove a president for obstruction of Congress

175/

Schiff now offers a pre-buttal of the White House defense of Trump.

"I expect they will attack the process."

"Those super-secret depositions" (yet he points out 100 Dems and Republicans were able to participate)

And they gave each side the same amount of time

176/

You will hear that Schiff did not allow questions, but he said the question he did not allow was the outing of the whistleblower.

178/

And you'll hear President was not allowed to participate in Judiciary Committee. But that's not true, he had the same rights Nixon and Clinton did

179/

Schiff said the President's lawyer will also complain that there was not a resolution at the time they wanted. But it's up to the House under the Constitution to control the impeachment proceeding

180/

"When they say the process is unfair, what the mean is don't look at what the President did. For God's sake don't look at what the President did."

181/

Schiff said they will also tell the Senate that the managers are terrible and Schiff is the worst guy.

And they will say Schiff mocked the President, acting like the call was a shake down.

182/

"For a man who loves to mock others he does not like to be mocked. Turns out he has a pretty thin skin."

And Schiff said he made it clear before and after that it was not the record of call, but a parody.

183/

Schiff advises them when they start attacking, considrer, "Away from what do they want to distract my attention?"

They are trying to distract you, he explains.

184/

Look out for attacks on the Constitution.

That will be Alan Dershowitz' argument. Once he said abuse of power was impeachable, now he's saying it's not.

185/

And Ken Starr said Clinton needed to be impeached because he lied under oath about sex. Obstructing Justice. Starr will argue you cannot be impeached for obstructing Congress

186/

Does it make any sense that you cannot be impeached for obstructing a co-equal branch of government

187/

"When you hear them make these arguments, that you cannot be abused for impeaching your power" means they don't want you to think about what the president did, so don't even considered what he did.

188/

Schiff expects Sekulow to shout more about the whistleblower.

Schiff encourages them to read the complaint. It is astonishingly accurate.

189/

He said in the beginning we wanted the whistleblower to testify, but then we were able to hear from first-hand witnesses. And then president and allies began threatening the whistleblower. And the whistleblower's life was at risk.

190/

"Do you know why the President is mad at the whistleblower? But for the whistleblower the President would not have been caught."

191/

Schiff says you will also hear you should not care about the President's misconduct because they hate the President.

"I only hate what he has done to this country. I grieve what he has done to this country."

192/

"Whether you like the President or dislike the President is immaterial. It's all about the Constitution and his misconduct."

"What matters is whether he is a danger to the country because he will do it again."

"He is telling us every day that he will."

193/

Schiff says you will also hear "that Biden is corrupt, that Hunter Biden is corrupt."

They couldn't get the Ukrainians to smear the Bidens so they are using this trial instead. "That's the goal."

194/

"Maybe you'll get to see what's in Rudy Guiliani's report."

"Maybe [from] these corrupt foreign prosecutors."

195/

"You may hear the argument that when he is obstructing Congress he is protecting the office of the presidency for future presidents"

But, Schiff dismantles this argument.

196/

"You may hear the argument that the president was concerned about corruption and that he was concerned about burden-sharing"

He notes that they refuted that in detail during the trial and revisits some of the reasons that this is an after-the-fact rationalization

197/

"I'll expect you'll hear the argument that 'Obama did it.'"

That's an insult to our intelligence. Context was different, post revolution in Egypt and he told Congress and they supported it.

It's okay to hold aid for good policy reasons not for a malicious private purpose

198/

"You will hear 'the call was perfect.'"

They will make that argument because the President probably insists that they do

199/

They will also claim that Ukraine says the call was perfect and there was no pressure.

What that means is that Ukraine needs us for future protection, that the still have not gotten an Oval Office meeting. They need America

200/

"The framers did not expect you to leave your common sense at the door."

201/

You'll also hear that the President said "there's no quid pro quo."

It's laughable that such a denial is the end of the matter: If defendant says he didn't do it, he couldn't have done it.

202/

"You'll also hear the argument, no harm no foul, the got the money."

There is real harm in withholding aid from an ally at war and releasing it only when you got caught

203/

Schiff is mocking the argument they will make that only a televised confession by President that he was conditioning the aid would be sufficient.

204/

The defense will also say the information is privileged. Yet they never asserted privileged.

President never actually invoked privilege because would have to produce documents and show what they were redacting

There was no colorable claim of privilege for most documents.

205/

All of the arguments add up to the White House saying "the President can do whatever he wants under Article II and there's nothing that you or the House can do about it."

206/

"Moral courage is rarer commodity than bravery in battle" (Quoting Robert Kennedy).

When he first read it he was not sure he agreed with.
He has the greatest respect for those who have served in our military.

207/

Schiff says his 92-year-old father who is probably watching said he failed the physical for the army. So he went back but failed again. Doctor recognized him, but let him in the army.

208/

But even so, is moral courage even more rare than that on the battle field. Then saw what Robert Kennedy meant. Braving the "disapproval of our fellows, censure of our colleagues, and the wrath of our society?"

Here's a link to RFK's 1966 speech

jfklibrary.org/learn/about-jf…

209/

"What I said last night . . didn't require courage."

"My views reflect the views of my constituents."

"But what happens when our heart felt views of right and wrong are in conflict with that of our constituents?"

"Those are the times that try our souls."

210/

Schiff read in the news, thought doesn't know it's true that a Trump confidant was telling Senate Republicans, "Vote against the President and your head will be on a pike."

"I hope it's not true," Schiff said.

211/

He is now returning to the plea for documents and witnesses by subpoena as has been the case in every impeachment trial in history.

212/

"Of the hundreds of documents we have subpoenaed," there is no colorable claim of privilege.

213/

And if there is a dispute as to whether privilege applies, the Chief Justice can decide those disputes, and you would still have the power to overrule him.

[Laughter]

"How often do you have the power to overrule a Chief Justice of the Supreme Court."

214/

💯"The American people will not forgive being deprived of the truth because it took a back seat to expediency."

"Is it too much fatigue to call witnesses and have a fair trial?"

215/

Lincoln in December 1862 to Congress, "Fellow-citizens, we cannot escape history. We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. "

216/

"The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation."

Link: abrahamlincolnonline.org/lincoln/speech…

217/

Speaking about Lincoln, Schiff said, Why him? Why him?

"For a single decision we may be remembered."

"I believed this may be one of those moments."

218/

A time, "when our democracy was threatened not from without but from within.?"

"Russia has a constitution. It's not a bad constitution, it's just a meaningless one" -- they have "trial by telephone" where someone with power calls in to court to say show it should end.

219/

People longing for freedom and democracy, look to us, but increasingly they don't recognize what they see.

"We are still the indispensable nation."

"Because we have a rule of law where no one is above the law."

220/

Schiff finishes with this: "What separates us from people" in some foreign prisons "is that in America we get a fair trial."

"Give America a fair trial; she's worth it."

221/

House closed its case.

Adjourned until tomorrow morning at 10.

222/222

https://twitter.com/jentaub/status/1220870363686539269?s=20