Just reading the Trump pleading on impeachment,& it’s a headspinner. Calling the impeachment a Bill of Attainder is weird because that’s guilt of crime without trial & impeachment is (a) not criminal & (b) has a trial (coming right up).
Saying that the removal penalty is a “condition precedent” to the disqualification penalty is weird because (a) it’s a contract law term, (b) that “condition” isn’t in the Constitution & (c) it ignores Senate precedent on point (Belknap), usually something lawyers try to address.
Misstating the act in question (that Trump said “the election results were suspect”) so as to call it “unpopular” “protected” speech is weird because it ignores (a) everything we know Trump actually said, & (b) that criminal/fraudulent speech (like incitement) isn’t protected.
And it’s weird that while they try to disassociate Trump from impeachment as merely a former President & just like “all American citizens,” they call him “the 45th President” at least 35 times in one short pleading. Like I said, a headspinner.

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More from @SenWhitehouse

11 Jan
The Senate needs to oversee federal investigation of the attack and ransacking of our national Capitol, through Judiciary and perhaps Homeland Security. We may also be the client in federal civil suits for damages and for restraining orders, likely also under Judiciary purview.
The Senate will need to conduct security review of what happened and what went wrong, likely through Rules, Homeland and Judiciary. The Senate Ethics Committee also must consider the expulsion, or censure and punishment, of Sens. Cruz, Hawley, and perhaps others.
Because Congress has protections from DOJ under separation of powers, specifically Speech and Debate Clause, significant investigation will need to be done in Senate.
Read 4 tweets
10 Jan
With dark money groups stoking mob rally, SCOTUS takes case where dark money cabal plans to create dark money right. Sometimes evil rampages, sometimes it creeps.
law360.com/compliance/art…
I’m going to go on about this a bit because it’s really important. Fact: Big dark-money entities have started claiming a constitutional right to dark money anonymity and “pled the First” refusing to answer congressional oversight questions. It’s real.
Their problem is this: to get around the corruption consequences of unleashing unlimited money, Citizens United 8-1 required (but never enforced) transparency. Only Thomas said anonymity was protected over transparency.
Read 12 tweets
7 Nov 20
The Biden administration will govern for every American as they steer the country through a number of urgent crises: a once-in-a-century pandemic, a lopsided economic disaster, a dramatically changing climate, and a reckoning for racial justice.
The work begins immediately to ensure every American can get affordable health care, a quality education, and a job that pays a living wage.
President Trump has wielded the power of the presidency toward one goal: to turn Americans against one another. There is hard work ahead of us to bring the country together again and repair America’s standing in the world.
Read 4 tweets
14 Oct 20
Something is not right around the Supreme Court and #DarkMoney has a lot to do with it. Follow the money around Supreme Court nominees.
One lane of dark money activity is through the conduit of @FedSoc. It is managed by a guy named Leonard Leo, and it has taken over the selection of judicial nominees.
Then in another lane, we have again anonymous funders running through something called the @judicialnetwork, which is run by Carrie Severino, and does PR and campaign ads for Republican judicial nominees.
Read 4 tweets
13 Oct 20
Suddenly after my presentation, Republicans actually want to talk #DarkMoney! I’m excited. Here are a couple bills to get us started:
My DISCLOSE Act, to require public disclosure of the big anonymous donors drowning our politics in dark money. Bill applies to both sides – left and right. Problem solved.
Or my Judicial Ads Act with @SenFeinstein, that would require big dark money groups seeking to influence our courts to disclose their donors. Also applies to all sides.
Read 4 tweets
29 Jul 20
We know bad actors behind climate denial; we recently examined bad actors behind Court capture; there’s news reporting of bad actors behind the Republican voter suppression apparatus; & we know pretty well who funds most Republican politics. No surprise: it’s the same crew.
The blood pumping through that beast is dark money; expose that & the beast shrivels. The beast knows this. So the race to capture the Court is also a race to establish that dark money is protected by the 1st Amendment rights of association & petition.
newrepublic.com/article/156172…
That seems ludicrous, & it only got Thomas in Citizens United, but he’s the dark money crowd’s leading indicator. This theory now pops up all over the right wing’s ideology hothouse, & dark-money entities have begun “pleading the First” to questions.
scotusblog.com/case-files/cas…
Read 4 tweets

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