Trump's impeachment defense: 1. His 1A rights let him say anything he wants (clearly untrue, since as the POTUS he has Constitutional duties that bound his freedom of speech) 2. He didn't incite the insurrection 3. Trying him is...a "Bill of Attainder" (!)
nytimes.com/interactive/20…
Per @NoahRFeldman: A Bill of Attainder is basically a decree that "singles out a particular individual or class of people for punishment without trial" by the judiciary. It would bar Congress/POTUS from enacting laws that affect one person, ex., Trump.
bozemandailychronicle.com/ap_news/noah-f…
But as Feldman points out, no law is being passed here. This is an impeachment trial. Trump has argued before that he was essentially immune to standard prosecution while POTUS, because he was POTUS, meaning impeachment was the only recourse to regulate him.
Now he's advancing the argument that this impeachment constitutes an illegal act of legislative prosecution against him as well, making him untouchable by Congress as well. POTUS is invincible!
One hinge of the argument is that he's no longer POTUS so can't be impeached for things he did as POTUS, but Feldman notes that the framers' generation clearly did intend for impeachment to not be bounded by term of office and cites examples. So all of this is absurd.
Not that any of the actual legal arguments matter because Trump could have filed a poo-stained square of toilet paper as his defense brief and 40+ Republicans would acquit him, but oh well.
nytimes.com/interactive/20…

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More from @originalspin

22 Jan
As nice as this is to hear for the future, let’s make it clear that this is absolutely a full throated indictment of the Trump administration’s utter mishandling of the Covid crisis and should be acknowledged as such even by Republicans
Like, yes, lovely, hopeful, but 400K Americans are dead and we will never know how many died needlessly
And I know Fauci played the hand he was dealt and did his best to minimize the damage

But let’s not pretend he wasn’t on the bridge when the ship was smashing into every iceberg it could find
Read 5 tweets
22 Jan
When I said Dems need to go hard on the organizing resolution instead of looking to outmoded 2001 models of powersharing, lots of folks said "DUDE IT'S FINE"

I point you all to Mitch now demanding that Dems include a vow to preserve the filibuster
politico.com/news/2021/01/2…
Showing ANY kind of weakness from the outset simply means Republicans will run roughshod over Dems even though we have a nominal majority. Mitch always changed rules whenever he needed to to get his diabolical agenda through; Dems are the only ones who care about norms.
Here’s what Dems would do if they had stones:
—Put a return to talking filibusters into the organizing res
—Reduce cloture to 3/5 of attending, not 60 votes, even for rules changes (currently need 2/3 of attending)
—Kill the reconciliation loophole. No longer needed with above.
Read 6 tweets
20 Jan
Has sending unsolicited penises ever resulted in anything good, I've never understood why some guys think popping a surprise flesh knob into a convo might inflame a woman's passion
If you look at the stream of messages, you can tell Porter totally was like, "I didn't want to do this, but you gave me no choice, what other option did I have"
Read 4 tweets
19 Jan
Someone Chucksplain to me why people of color busted our asses to get the Senate to 50+1, just so Dems could “share power” with a party that is a constant active threat to the Democratic Party’s nonwhite base
People are saying “it’s fine, it’s the same as 2001” when it was 50-50 under Bush

Folks, nothing is the same as 2001. McConnell rammed thru three Supremes after blocking Garland. Before we won in GA, McConnell vowed to block Biden from even the freedom to name *his own cabinet*
Plus the Republican Party is full of unhinged and dangerous crackpots and their ambitious enablers. Close to a dozen Senators refused to certify Biden’s fair and legal election as president! That was JUST TWO WEEKS AGO!
Read 6 tweets
18 Jan
The problem with watching food porn like KOREAN PORK BELLY RHAPSODY is that afterwards it makes you wanna smoke ImageImageImageImage
These country style boneless pork ribs are amazing for grilling/smoking and I have only been able to find them at Costco, 7 lb or bigger packages, so this should last uh

Two meals?
Salt, pepper, cayenne, garlic powder, espresso rub; boiled mesquite chips and used the water in the water pan and put the wet chips in with the other limp charcoal; smoked at 180-230 (a little hard to control temps) for five hours until 150 internal...took one bite and 🤤
Read 4 tweets
7 Jan
As the FBI asks Twitter for help finding the 1200 people who took selfies while storming the Capitol and DC police claim there was “no intelligence” pointing to violent insurrection, it’s worth considering just how close we were to DESIGNATED SURVIVOR becoming a documentary.
Every hostile nation on earth saw how easy it was for half-naked Chewbacca cosplayers and clinically obese Civil War reenactors to overrun what’s supposed to be one of the most secure buildings in our government—with the VP and a full joint session of Congress in progress.
The key is obviously that an assault on our government needs to be done by people with white faces. Nonwhite invaders would have been shot before they got to the Capitol steps.

If I’m ISIS or North Korea, I’m sliding into militia group DMs right now.
Read 6 tweets

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