Thread by @jentaub

🍑 The impeachment trial convened at 1:14 pm. Today the senators will ask questions of the House Managers and the president's defense.

Here's the card upon which they can write their questions

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During the opening prayer, Chief Justice Roberts looks troubled

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Each side will alternate with answers kept to 5 minutes.

Susan Collins is first. "I send a question to the desk on behalf of myself, Senator Murkowski, and Senator Romney."

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Chief Justice read her question, if the President had more than one motive, "How should Senate consider more than one motive in its assessment of article one."

Philbin responds, that even if personal interest was the motive, it cannot be the basis of an impeachable offense.

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Philbin said that the House has to prove there was no legitimate public purpose.

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He said "if there is public interest motive, it destroys their case." Said if there is a mixed motive then you cannot impeach.

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Nonsense. If Trump wanted to investigate a US citizen, he has the justice department to do it. Asking a foreign govenrment that he himself said was "corrupt" to investigate your political rival is not in the public interest.

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First question from Democratic senators is addressed to House Managers about John Bolton's book. Can Senate render a verdict without have Bolton and other eye witnesses testify and without seeing the relevant documentary evidence.

Schiff answers, "no."

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To turn Bolton away and to look the other way is deeply at odds with being an impartial jury.

Schiff also said that a corrupt motive is enough to convict. And if they have any questions about the President's motives they should call Bolton etc

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"Don't wait for the book. Don't wait until March 17th when it is in black in white to find out the answer to your question. Was it all of the motive, some of the motive, or none of the motive."

If you have questions, call Bolton

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Schiff shows video of President's lawyer Pat Cippollone saying, "impeachment shouldn't be a shell game. They should show you the facts."

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Also plays video of another Trump attorney and points out what he said that was false. Time up for that answer

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Next question is from R senator to president's counsel. Roberts reads it.

The question was a request for defense counsel to respond to what Schiff said

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How cute. Now each side can just ask the other side to respond to the other and have a debate

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Trump's defense claims that Trump complaining he thought other countries didn't provide enough support (burden sharing) to Ukraine means that even though Trump broke the law (the Impoundment Control Act), and bribery/shake down, its not impeachable. This is bad on the law

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Now Philbin has the CHUTZPAH to complain that the House did not subpoena Bolton that they cannot themselves call Bolton. Wrong on history. Wrong on law. Says this would drag on for months. Nonsense. The Chief Judge is there to rule on evidence

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Question from the Senator Markey. Roberts reads.

References a statement in court by defense counsel that "Democrat controlled house" did not call Bolton. So that the record is accurate, did House impeachment manners ask Mr. Bolton to testify?

Schiff responded, yes.

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Here's the question

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💯Schiff points out duplicity. The defense is arguing that the House should have tried harder to get Bolton to testify. Meanwhile down the street in federal court the President's lawyers are arguing the House committee has no right to sue to enforce Congressional subpoena

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Schiff focuses in on Dershowitz's theory which Dersh himself was not accepted by scholars. President can abuse his power in any kind of way and there's nothing you can do about it is the argument.

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"The biggest danger of all" is to suggest Congress is powerless to do anything about a President abusing his power in this way

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Question from several R senators, including senator from Blackburn

Asks about standard for impeachment in House and conviction in the senate. Have the Managers met their burden

Philbin answers. "An impeachment is simply an accusation."

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He said some thought it was "clear and convincing" evidence in the House.

He said in the Senate it is a higher standard.

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Question from Senator Feinstein.

Is it true what the defense claimed that there is no evidence that the president never linked investigations to security assistance?

Crow responded. No. "Look no further than the words of the President's Acting Chief of Staff Mick Mulvaney"

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Okay. Have to go teach class. Back around 3:30

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Just got back and now they are taking a break until 4 pm

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Unbelievable! While I was teaching class, Alan Dershowitz basically said that getting re-elected is in the public interest, so therefore if Trump demanded investigations for security assistance, in order to help his re-election that's fine.

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Okay, I'm back. Was guesting on the @AmandiOnAir Strange Days podcast with @ElieNYC

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@AmandiOnAir @ElieNYC Question from Senators Baldwin and Senator from Maryland (maybe Van Hollen).

Asking whether it was true that Ukrainians had no idea until August assistance had been paused.

Crow said no. He references Laura Cooper's emails. Asked to subpoena those records

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@AmandiOnAir @ElieNYC Why hold the aid, Crow asked.

Nothing had changed in 16, 17, and 18.

"One thing had changed in 19. That was that Vice President Biden was running for election."

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@AmandiOnAir @ElieNYC Crow: "Let's not forget the reason for the delay." It does matter what the president's mind set was. "That's exactly why we're here."

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@AmandiOnAir @ElieNYC Crow also said that the American people in matters of national security deserve to go to bed every night believing the president has the best interest of them, their families, and country, not the best interests of his political campaign.

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@AmandiOnAir @ElieNYC Good question from Collins and Murkowski have a question for the defense.

Before Biden announced he was running for president, did President ever mention corruption of Biden and son to former president of Ukraine or to other cabinet officials or anyone else.

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@AmandiOnAir @ElieNYC Philbin says he cannot answer questions that are not based on information in the record. That's not true.

He does say that Trump spoke in June 2017 and September with former president of Ukraine generally about corruption.

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@AmandiOnAir @ElieNYC Philbin said Guiliani gave a dossier to the state department in March 2019.

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@AmandiOnAir @ElieNYC Lots of blah blah blah from Philbin. Not answering the question

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@AmandiOnAir @ElieNYC Heck yes! Question from Kamala Harris and Patty Murray of the House Managers

The House in possession of a tape where Trump said of ambassador Yovanovitch, "take her out. Do it" in company of Lev Parnas and Igor Fruman. Will more info come out after this?

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@AmandiOnAir @ElieNYC Schiff said yes, more information comes out regularly. He brings up the Bolton book manuscript. He notes that the President's lawyers were not speaking the truth when they said that President never pressured Zelensky to announce investigations in exchange for aid

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@AmandiOnAir @ElieNYC "Every other trial in the country has witnesses."

"We are not confined to the record below." Schiff is saying that Philbin is not being truthful.

"You are not confined to the record in the House." They could call witnesses if they wanted

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@AmandiOnAir @ElieNYC Meanwhile. Let them eat cake!

thehill.com/blogs/blog-bri…

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@AmandiOnAir @ElieNYC A question for the President's counsel. When did Burisma become part of President's concern?

He is not really answering

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@AmandiOnAir @ElieNYC Sorry I missed some of today's "trial." But it was worth it to fan girl @ElieNYC

https://twitter.com/AmandiOnAir/status/1222638537901854721?s=20

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@AmandiOnAir @ElieNYC A question for President's counsel: Did any one inside or outside the White House tell lawyers that publication of the Bolton book would be politically problematic for the President.

But Philbin said they knew Bolton was going to be "disgruntled."

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@AmandiOnAir @ElieNYC Question to House Manager about the whistleblower and whether there was an "arguable political bias." Asked "did the so-called whistleblower work for Joe Biden."

In response, Schiff displayed a slide about importance of protecting whistleblowers

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@AmandiOnAir @ElieNYC Schiff says he does not know who the whistleblower is and has not had contact with him. The committee did not receive complaint until night before the Sept. 26th hearing. His staff did not help draft complaint.

Calls the conspiracy theory a "complete and total fiction"

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@AmandiOnAir @ElieNYC Question from several democratic senators. Should senators apply "the missing witness rule" about missing testimony and documents?

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@AmandiOnAir @ElieNYC Schiff: "There's no absolute immunity" from providing documents.

You can draw adverse inference that if they won't show you emails they would confirm that Ukraine knew aid was withheld just like Deputy Foreign Minister said later and so on.

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@AmandiOnAir @ElieNYC Taking a moment here to show what kompromat can do. What do they have on Dershowitz?

nytimes.com/live/2020/impe…

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@AmandiOnAir @ElieNYC Question is asking President's lawyers to respond to what Schiff said

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@AmandiOnAir @ElieNYC Philbin say he has not read the missing witness rule. But he said he is guessing that it doesn't apply if someone has asserted a valid privilege.

SCREAMING at my computer. There was no valid privilege asserted.

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@AmandiOnAir @ElieNYC Okay. I was not actually screaming. I was typing but my eyes were burning holes through the screen

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@AmandiOnAir @ElieNYC Cowards. Cowards. Cowards. Cowards. Cowards

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@AmandiOnAir @ElieNYC Someone asks the House Managers about the missing witness rule! Courts allow drawing an adverse inference EVEN when a witness takes the fifth in a civil trial.

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@AmandiOnAir @ElieNYC See Baxter v. Palmigiano

americanbar.org/groups/litigat…

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@AmandiOnAir @ElieNYC Correction: What I meant is someone should ask!

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@AmandiOnAir @ElieNYC Question about standard of proof. Preponderance, clear and convincing, or beyond a reasonable doubt and why?

Lofgren says there is no court case and the constitution does not specify either the House's or Senate's burden. In Clinton case House did not commit to any standard

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@AmandiOnAir @ElieNYC She said your oath hold you to impartial justice. Find the facts and lead to a just result for our country.

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@AmandiOnAir @ElieNYC Philbin responds to same question. He says the language uses criminal law terms and says given gravity of an impeachment. Said he says it should be proof "beyond a reasonable doubt."

Says preponderance standard is insufficient. He says even "clear and convincing is not"

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@AmandiOnAir @ElieNYC Senator Booker has the following question for the House Managers

"Even if a communication or document is covered by executive privilege" that can be overcome if there is no other way to get info. President during trial said in public "we have all the evidence" they don't

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@AmandiOnAir @ElieNYC Jeffries responds. He cites U.S. v. Nixon (related to grand jury).

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@AmandiOnAir @ElieNYC Jeffries said, if you want a fair trial, you should have documents.

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@AmandiOnAir @ElieNYC Question from some R senators to counsel for the president.

"What did Hunter Biden do for the money Burisma Holdings paid him?"

Will they answer? It was not in record below. Will they stick to that rule?

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@AmandiOnAir @ElieNYC Bondi said this is based on record below the board meetings he attended. She does not have facts at tip of her mind, keeps flipping through notebook

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@AmandiOnAir @ElieNYC Question from Shumer to President's lawyers. "Name a single witness or document that the White House has given access to when requested by the House."

Philbin dodged question. Instead of saying he could not name one, went through the theories which have no legal support.

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@AmandiOnAir @ElieNYC Lofgren also responded to question

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@AmandiOnAir @ElieNYC She also addressed the absolute immunity claim by citing a federal judge in the McGahn decision

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@AmandiOnAir @ElieNYC "You refused to answer the question on political bias." Question keeps using phrase "so-called whistleblower"

Addressed to both sides

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@AmandiOnAir @ElieNYC Schiff responds first. There was also question about the inspector general for the intelligence committee

They had meetings with the ICIG to discuss why the complaint was held up.

Will not release transcript because that would undercut ability to conduct oversight

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@AmandiOnAir @ElieNYC Schiff said that the the conclusion of the IG, the IG drew two conclusions. First that the whistleblower was credible. The IG also found that the whistleblower's complaint was urgent, and that it was withheld from Congress in violation of the law.

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@AmandiOnAir @ElieNYC Now it's Sekulow reads from report. What he reads does not help his case. This guy is a moron

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@AmandiOnAir @ElieNYC I'm sorry. I should not use that kind of ableist language.

He's under-qualified for the role.

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@AmandiOnAir @ElieNYC Question from Manchin, focused on the meaning of "high crimes and misdemeanors." Do not have to be indictable crimes. Even Dersh said in 1998 said "an impeachable offense certainly does not have to be a crime."

First counsel for president will respond.

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@AmandiOnAir @ElieNYC Dershowitz said what happened since 1998 that he read things and his thinking evolved, which is what scholars should do.

He is waving his arms. Dear Lord, what Trump did is not maladminisration.

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@AmandiOnAir @ElieNYC This is total BULLSHIT from Dershowitz. There is absolutely NO authority for his claim that maladministration meant the same thing as abuse of power. Quite the opposite.

Please talk me off the ledge @tribelaw

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@AmandiOnAir @ElieNYC @tribelaw Now Nadler is going through the actual history of the language in the Constitution. "Every impeachment in
American history has been for abuse of power in one form or another." Also bribery was not a statutory crime until 1837.

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@AmandiOnAir @ElieNYC @tribelaw A question about Mulvaney's press conference

Crow responds by reading a statement Mulvaney made to the press after.

He said the "president never told me to withhold any money" in connection with server. Was only about corruption in Ukraine. "

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@AmandiOnAir @ElieNYC @tribelaw Now Crow is reading a statement challenging Bolton's manuscript claim that he told Mulvaney Trump was withholding quid-pro-quo in form of security aid in exchange for investigations into server, Bidens and Burisma

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@AmandiOnAir @ElieNYC @tribelaw Question to both sides. "What did national security adviser John Bolton mean when he" mentioned "whatever Drug Deal Sondland and Mulvaney" are cooking up?

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@AmandiOnAir @ElieNYC @tribelaw Schiff responded first. Based response on the testimony of Fiona Hill (Russia expert who worked for Bolton). It was in reference to a July 10th meeting in White House. Bolton bristled when he heard about quid pro quo for WH meeting

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@AmandiOnAir @ElieNYC @tribelaw Schiff said there was also a follow on meeting where Bolton did not attend.

Knew that aid was linked to a meeting with president, but not clear whether Bolton knew full story linked to aid

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@AmandiOnAir @ElieNYC @tribelaw Philbin is claiming that Hill's testimony is hearsay. He won't speculate what he meant by it.

THEN CALL HIM

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@AmandiOnAir @ElieNYC @tribelaw Missed a question

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@AmandiOnAir @ElieNYC @tribelaw Question. Do you have information about Russia disseminating the Guiliani conspiracy theories and should we have access to that information.

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@AmandiOnAir @ElieNYC @tribelaw 😳Schiff references supplemental testimony from Jennifer Williams (who supported VP Pence) and said it would shed a light on intelligence we have concerning Russia and these theories.

But. Bigger problem. NSA has been advised not to provide info to the Intel Committee

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@AmandiOnAir @ElieNYC @tribelaw Schiff said apart from Jennifer Williams there are other relevant materials and they should work together to get that info

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@AmandiOnAir @ElieNYC @tribelaw McConnell announced that we will be breaking for dinner soon after next two questions

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@AmandiOnAir @ElieNYC @tribelaw Question from R senator of President's defense. What is difference between an abuse of power and a policy disagreement. Also asked what is difference between maladministration and abuse of power.

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@AmandiOnAir @ElieNYC @tribelaw Dershowtiz: "These scholars do not pass the shoe on the other foot test. These scholars are influenced by their own bias, their own politics. They simply do not give objective assessments".

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@AmandiOnAir @ElieNYC @tribelaw Nope. And the president did commit bribery.

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@AmandiOnAir @ElieNYC @tribelaw Schiff has the floor. He says he does not believe that 21 years ago Dershowitz had not read the framers words.

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@AmandiOnAir @ElieNYC @tribelaw Schiff plays a video of Turley (the lawyer who argued for the Republicans in the House) where he says Abuse of Power is a grounds for impeachment. (Notably he was not invited to appear before the Senate).

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@AmandiOnAir @ElieNYC @tribelaw Schiff is running through the ridiculous claim that a President can do anything he wants to get re-elected and that is beyond the reach of the impeachment power.

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@AmandiOnAir @ElieNYC @tribelaw Question that Schiff is answering on slide here

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@AmandiOnAir @ElieNYC @tribelaw Recess for 45 minutes until 7:15.

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They have been back for a while now. This guy is a piece of work. The question is a misleading one. No one said an agency debunked this. But let’s look at Fiona Hill’s testimony. I really hope the house managers respond.

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Here’s a question for Trump lawyers about who is performing the classification review of Bolton’s book. Philbin said he thinks that it is career officials in the NSC (which is part of the White House).

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Questions from Republican senators about how long the impeachment trial would take if the documents were provided and witnesses appeared.

Sekulow said it would take a long time because he wants Adam Schiff and Hunter Biden to testify etc. he said it would take a months

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👀 Whoops. The president’s lawyer Jay Sekulow actually said it was “executive privilege and other nonsense” that would take a long time.

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Great question. The answer is Biden

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Huh? Sekulow “they are acting like this is some kind of municipal traffic court proceeding.”

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Hey Sekulow. You know what, if you don’t want the Congress to be impeaching the president every week, tell your boy to stop high-criming and misdemeanoring. That would help

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This won’t take months. They are doing the same thing to the Senate as they did to the house threatening to investigate the president, we will tie you up. But Schiff said you don’t have to let them. You can subpoena Bolton and have Justice Roberts make evidentiary decisions

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Schiff says you cannot have a fair trial without witnesses, without basic fairness

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Republicans are asking both sides whether it’s OK to have an impeachment that is not bipartisan. No that everyone seems to forget that Justin Amash was actually a republican before he became an independent.

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Schiff asks why do so many people walk away from this president with the conviction that you cannot believe what he says.

Can everybody be disgruntled? Can it only be a matter of bias? I think we know the answer

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Philbin walked back his earlier claim that only career officials in the NSC were doing the classification review of Bolton book. So what that means is it could be political appointees? Does it mean the president is part of the review since it’s his NSC?

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Interesting question by Republicans asking whether the chief justice can make evidentiary rulings.

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Philbin seems to be answering the question as it relates to serving a subpoena for witnesses or documents of the president where to claim executive privilege. He said things had to be worked out to an accommodation process or they have to go to court.

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He said that only on specific evidentiary questions would the justice make an initial ruling, then all of those would be appealed to Senators and there would be a majority vote. However those would not be appealed out to another court he said.

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Schiff said the president’s lawyers are afraid the chief justice will be fair. He said the house managers are willing to expedite the process by allowing the chief justice to make decisions now.

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