Jennifer Taub Profile picture
9 Feb, 143 tweets, 33 min read
🧵 Here we go! Trump Impeachment 2.0. February 9, 2021. Gaveled in, called to order and ready to roll. We begin with a prayer

It's a moment to decide "In the strife of truth of falsehood for the good or evil side."

1/
Senator @SenatorLeahy said morning business is closed and the Senate will convene as a court of impeachment. He called on the Sargeant at Arms to make the proclamation that the trial has begun against Donald John Trump, former president of the United States.

2/
Leahy recognized Majority Leader @SenSchumer who is going to call up a resolution that will set out the structure for the trial. Said House Managers and former President's counsel & former @LeaderMcConnell agreed. It "provides for a fair trial, and I urge the Senate to adopt"

3/
The clerk is now calling the roll on the vote to approve the resolution. Here is a copy of the resolution to read while they vote.

cnn.com/2021/02/08/pol…

4/
Notably, Josh Hawley voted no.

5/
So far only around a handful or so of no votes, including Hawley, Rubio and both Scotts. The resolution will pass.

6/
Not shock here. Tuberville voted no.

And we are done. The resolution passed on a vote of 89 to 11.

7/
The first topic is whether a former president can be tried for impeachment. @RepRaskin is recognized first.

8/
As the lead House Manager, @RepRaskin, a professor of Constitutional Law for three decades. He promises to focus on facts, not arcane legal concepts. Citing Auden, "A professor is someone who talks in someone else's sleep."

9/
He says there cannot be a "January exception" to the U.S. Constitution if Trump's lawyers are to be believed. It would been invitation "to our founders' worst nightmare."

That even if impeached for actions he took while in office in January, he cannot be tried after term.

10/
Raskin shows a video of what that would mean for our future. Video begins with Trump inciting crowd "Take the Capitol"

"If you don't fight fight hell, you aren't going to have a country anymore"

Shows footage of McConnell denying Big Lie that election fraud tipped scale

11/
Video continues with gallows being erected, mob fighting police and breaking down the doors of the Capitol with Officer Eugene Goodman diverting them away from Senate chambers.

Shows moment Senate is forced in to recess and Speaker Pelosi quickly ushered off the House floor
Invaders are shouting "Stop the steal" and "traitor" as the storm the building. "Break it down" as they try to crash into the Speaker's lobby. Footgage shows how close the violent mob was. "Where the fuck are they?"

13/
Painful footage of insurrectionist mob crushing an Capitol Police office between doors.

Then Trump "we love you" and said the election was stolen from him. Mob already out of control the many hours later when he tweeted saying that to go home in peace.

14/
"If that's not an impeachable offense, then there's no such thing." @RepRaskin says, that if everyone agrees that it is an impeachable offense, then if there's a "January exception," then you need to decide the Senate is powerless at that point.

15/
"The transition of power is always the most dangerous moment for democracies." The framers knew that. Historians know that.

President bound by oath every single day he is in office. Even if president commits impeachable offenses final week in office.

16/
So important not to have January exception as it is in those final weeks in office that it's most important to ensure the President does not commit impeachable offenses.

17/
He references history as well as the Constitution itself. The House has the sole power of impeachment. And the Senate has the power to try "all impeachments." All.

He also mentions legal scholars across the political spectrum who reject Trump's lawyers' January exception.

18/
Furthermore, @RepRaskin refers to the British origins of our impeachment concept. There, former officials were the only ones who faced impeachment trials. Yes. Former.

19/
Rep. Raskin, also pointed to state constitutions where impeachment was used on former officials.

@RepRaskin said, "Removal was never seen as exclusive purpose of impeachment in America. The goal was always accountability" and stemming corruption.

20/
"President Trump may not know a lot about the framers, but they certainly knew about him."

Framers were particular concerned about impeachable acts directed at elections.

21/
The true rule was stated by President John Quincy Adams who said he could be impeached after he left office for acts he took while he was in office.

22/
Raskin handed the floor to @JoeNeguse from Ohio. Before joining Congress he tried many cases, but none so important, he noted. "You don't need to be a constitutional scholar to know the argument that Trump advances is wrong and it's dangerous."

23/
He notes that more than 150 constitutional scholars have reached the same conclusion "that of course you can impeach, try, and convict a former president." He said "there is no January exception to the impeachment power."

24/
Neguse draws on history. Speaks about impeachment of Senator Blount. Impeached while in office, then expelled. But still the House went forward with his impeachment proceeding. Senate held the trial with Thomas Jefferson presiding.

He admitted that he could be impeached.

25/
Another example is Secretary of War Belnap who rushed to resign before House could impeach. When Senate began, he argued that he could not be tried because he had resigned. Senators were outraged and voted they had to proceed with trial. Though he was acquitted on merits

26/
Now @RepJoeNeguse is criticizing Trump's lawyers' brief in which the falsely claimed that in the Belknap trial that the Senate never dealt with the issue of whether a former office could be tried by Senate.

27/
Even a founder of the Federalist Society, Steven Calabresi believes the president should be tried for impeachment. Also others and a conservative judge. Long list . . .Some examples here.

28/
Even Professor @JonathanTurley has written several lengthly scholarly articles that former officers (including presidents) can be tried for impeachment in the U.S. Senate

29/
♥️Let me say that both @RepRaskin and @RepJoeNeguse are knocking it out of the park, making me even more proud to be an American and a Democrat.

30/
Neguse said that when they presented their argument in their trial brief, we received the President's response yesterday. Yet his lawyers provided NO REBUTTAL to this point.

"The Constitution is exceptionally clear on this point."

31/
The remedies for an impeachment conviction in Article I of the Constitution include both removal AND disqualification.

32/
Trump's lawyers did not address this in their rebuttal either.

33/
Only ONE provision Trump relies on. He uses it to say that removal from office is the remedy.

@JoeNeguse says this in Article II not I (Article I is where congress gets its authority).

Just establishes a mandatory minimum punishment. Says NOTHING about former officials.

34/
Also, unbelievably, Trump's lawyers misrepresented what Brian Kalt wrote in his article they cite. He does not support Trump's argument. See

35/
"It's hard to imagine a clearer example of how a president could abuse his office. Inciting violence against a co-equal branch of government" so he could stay in office after losing an election.

36/
Neguse said was in Capitol on January 6. Was evacuated as violent mob stormed capitol

"Presidents cannot inflame insurrection in their final days and then walk away, but that's the rule President Trump wants you to adopt."

Asks them to "let us try this case."

Bravo!

37/
Next up is @davidcicilline from Rhode Island.

Impeachment exists not just to remove someone from office, but to also protect our democracy. "From very first day to the very last day" that a president is in office.

Ensures accountability for a president who harms us.

38/
Also impeachment empowers the Congress to disqualify anyone from serving in office who is a danger to the public.

"The argument that you lack jurisdiction rests on a purely fictional loophole."

39/
"You saw the consequences of his actions" on the video. But there are also damage to our constitution. "He incited an armed angry mob to riot and not just anywhere" but in the seat of our government interrupting the peaceful transfer of power for first time in our history

40/
Things could have been much worse. Neguse added, "As one senator said, 'they could have killed all of us.'"

41/
Neguse says at trial, the House Managers will prove that
Trump is singularly responsible for the riot.

Here's what he tweeted at 6:01 after the bloody attacks

42/
"Every time I read that tweet, it chills me to the core. The President of the United States sided with the insurrectionists." Were "looking to assassinate the Vice President of the United States" and others.

Senate can and should require the president to stand trial.

43/
The trial of a former official arising out of an impeachment while he was an official for conduct while he was in office would NOT be a slippery slope for impeaching a private citizen.

43/
For centuries the prevailing view has been the former officials can be impeached. Sometimes a resignation could remove the danger. But with Trump, the danger has not gone by, @RepCicilline said.

44/
Also, it does not matter that the Chief Justice is not presiding over the trial. There is only one person who is President of the United States at a time. That is Joseph R. Biden.

So, the president pro tempore of the Senate, Patrick Leahy will preside.

45/
Cicilline says Trump may argue that he did not receive enough process . . .and other due process arguments. Here are the responses. Said they are wrong on their own terms and irrelevant as to whether Senate should hold trial.

46/
Cicilline said they are going to show videos of other politicians using inflaming language. But that's a parlor game meant to play on partisan divisions.

47/
Trump wasn't impeached because his words were beyond the pale. He sought to overturn an presidential election that had been upheld by every court, and pushed the Big Lie, summoned an angry armed crowd to incite imminent violence, failed to defend capitol, targeted VP

48/
Now @davidcicilline rejects argument that unity demands we move on. People died, people were brutally injured, he incited a violent mob to try to attack the capitol to overturned an election he lost. This was a national tragedy and disaster for our standing in world.

49/
He points out that no one believes that attack on the Capitol would have happened but for Trump's encouragement.

Article of impeachment passed House with bipartisan support. There are lines that no one can cross.

50/
"After a betrayal like this, there cannot be unity without accountability" @davidcicilline

Again, so in awe of all three House Managers so far. @RepRaskin, @JoeNeguse and Cicilline.

51/
Raskin is back up to close. "This trial is personal indeed for every senator, every member of the House" staff, Capitol Police, DC Police, National Guard, custodial staff, journalists, family and friends. "I hope this trial reminds America how personal Democracy is."

52/
Beautiful moment and first laughter when @RepRaskin gets choked up talking about how his daughter Tabitha and son-in-law Hank were there (married to other daughter), and how he loves him like a son even though he eloped with her without telling them what they were doing.

53/
Ono that day, January 6, it was the day after they buried his beloved son Tommy, and fellow Congress members were stopping by to pay their respects and to try to lift him up.

54/
He gave a speech about unity. Tabitha and Hank watched from gallery. After they went to Steny Hoyer's office and did not know House had been breached and a coup had come. He couldn't go be with them. They were locked and barricaded. They thought they were going to die.

55/
He said members were removing their congressional pins so they would not be identified and a pastor told them to put on their masks. And "the most haunting sound that I have every heard and I will never forget it" of banging on the doors like a battering ram.

56/
Raskin recalls the horrific action of a violent member of mob using an American flag to pummel and attack an officer. Officers had their eyes gauged out. One died. Two officers took their own lives.

57/
"Senators, this can not be our futures. . . We cannot have president inciting mob violence" because they do not accept election results.

58/
Brought to tears by his words. Also when he said to Tabitha that he promised it would be safe next time she came to the Capitol, and she replied "Dad, I don't want to come to the Capitol again."

59/
Raskin rested. Leahy called a break. I am intellectually impressed and emotionally moved. Trying to exhale.

60/
While we wait for the trial to continue, here's a piece by @ZoeTillman to read now or save for later



61/
Senate is back in order. President's lawyers have 2 hours left and Raskin (as lead House Manager has 33 minutes remaining). It's 3:02 p.m.

62/
Wow. Out of the box, Trump's lead lawyer Bruce Castor refers to himself as the chief "prosecutor" and then had to walk it back. Force of habit as he used to be a district attorney.

63/
He is wandering around. "You will never hear anybody representing former President Trump" say anything but that the storming of the Capitol should be treated as anything but repugnant.

Persons who committed those offenses should be prosecuted.

64/
He's rambling and rambling and rambling. Something something about reflective thought. "Murder is done with cold blood and reflective thought."

Ummm. Attorney Castor, this is not your local corner bar where you tell war stories. This is an impeachment trial.

65/
He is not very smart. No one is looking for "retribution" in an impeachment trial. The remedies are removal and disqualification. We want to PREVENT Trump from serving as president again. That's as protection, not a prison sentence, not a fine.

66/
OMG. He's walking down memory lane talking about listening to records on a turntable.

He literally referred to himself as "little Bruce," as a child. Something about Everett Dierkson on an album called "Gallant Men."

"I would be fascinated by these Great Men."

67/
WHAT. IS. HAPPENING? This is a train wreck

68/
Okay. Analogy. This Castor guy is like someone who is talking and talking and talking, trying to keep a friend awake who has just gotten a concussion and they should not fall asleep. Wasn't there an episode of MASH where that happened? I don't know, but this is just words

69/
There's no way Trump is paying this guys legal bill. What a worthless argument

70/
So, this is the part of the argument where Castor should be addressing the jurisdiction of the Senate to hear an impeachment trial. And he's arguing they should take their time. How does that help their client? Following his reasoning, they should listen to the facts.

71/
He has not yet addressed the jurisdiction issue or even the U.S. Constitution. Has he even said the words impeachment?

72/
As a prof, if the call to exam question was"Does the Senate have the power to try an impeachment of a former president who was impeached by the House before he left office," and the first thousand plus words of the response was this drivel, I'd stop reading and give it an F

73/
He's now moved onto cancel culture. I am lost.

74/
We broke away from Britain so government officials could tweet with impunity and not be criticized in public for our ideas by other private people? And so we don't feel pressure to voluntarily apologize? No. LOL.

75/
Sir, please take Mr. Raskin's name out of your mouth. Thank you.

Also, no one laughed at your whirlwind joke.

76/
Yes, Mr. Castor we have lived through three impeachments, and TWO of them are due to your client's actual behavior. Seems like he's blaming the House instead of the perpetrator.

77/
Oh, boy. Someone needs to tell Mr. Castor that Majorie Taylor Greene has already introduced articles of impeachment. So the "slippery slope" argument is kind of limp.

78/
It's a rambling train wreck. Mixed metaphor? So sue me

79/
"Nebraska is quite a judicial-thinking place." What? What?

80/
OMG, guys! I found it. Here's that M*A*S*H episode. But it was Alda who was talking to stay awake. I think there might be some other war show. . I'll look

81/

mash4077tv.com/2017/03/episod….
It might have been the show China Beach? It's not important.

82/
Castor is now actually talking about something related to the case, but for some reason, he's not reaching the jurisdiction one. Instead he's decided to focus on section 3 of the 14th amendment. This was only one part of the impeachment article, by the way.

83/
He's claiming that because the House Managers mentioned that "the whole things falls."

Once again, he is not speaking to the jurisdictional issue. He just sniffed.

84/
"I thought the House Managers who spoke earlier are brilliant speakers, and I love listening to them, and they are smart fellas."

He says that they are "afraid of the American people."

He said, the real reason we are here is because the Dems don't want him to run again

85/
"The American people just spoke . . .so their system works. .The people are smart enough" to elect Biden.

No. Biden is not wondering why "my stuff is not happening at the Capitol," Mr. Castor. He and Congress are getting a lot done. Thanks for your concern trolling, though

86/
He. Is. Still. Talking.

So far, we are nearly two hours into this thing and I have yet to hear a woman speak. Just sayin'

87/
Personally, I am looking forward to the mob lawyer, David Schoen coming up, remember he also represented Roger Stone in his pardon efforts.

Weird Castor is only now addressing jurisdiction. Doesn't have his own slides. "Some of this was shown on the screen." LOL

88/
What in the world! Castor is trying to say that instead of disqualification from office, federal prosecutors should try him. Stupid, stupid, stupid. First, Congress is a co-equal branch. Second, conviction is not a disqualification from office.

89/
STOP it. He is leaving out the words. He is literally lying about what the constitution says. Oh my lord.

90/
Can we have a break? Please.

91/
Apparently no break.

It's now David Schoen's turn. He adjusted his mic. He's got very aggressive body language, leaning in to the lectern, but he also sways back and forth.

92/
"My overriding emotion is to cry." Oh, please.

93/
Schoen says the brief addresses why this is unconstitutional and he'll talk about it.

Once again, he is not addressing the key question. Jurisdiction. He's going to the merits.

"Our nation cannot possibly heal with" this trial.

94/
Wow. He he is shouting. A lot. What happen to the supposed tears? Manipulation and not very successful at that.

He is bringing up the elitists who call Trump supporters "deplorables."

Shouting, drinking water, touching head.

95/
"This trial will tear this country apart." He said that the House Managers "have hired a movie company and a large law firm" to chill and horrify us.

Dude, we lived through it. It's real.

He is calling this "pure, raw, misguided partisanship."

96/
I have a feeling they were going to have Schoen go first, but then couldn't bring him out after Jamie Raskin. Thus they had the rambling Castor first.

97/
This man is very unpleasant. What is the deep source of his anger?

98/
The dry mouthed shouter is just as bad as the raspy-voiced rambler.

He needs more water.

99/
Yes. They do want to bar Trump from ever running again. That's one of the remedies in the U.S. Constitution. It literally says "disqualification"

"removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States"

100/
He is NOT addressing the jurisdiction issue. He's saying "snap impeachment." But that does not trump "January exception." The Dem Managers are beating Trump in the rhetoric

101/
"Insatiable lust for impeachment."

102/
Love to see it

It's @RepMaxineWaters at a @taxmarch event calling for impeachment.

103/
Claims this is a "rush to judgment" after the "January 6th riot."

104/
This would be a good time to remember that President Trump was violating the foreign and domestic emoluments clauses since the moment he was sworn into office on January 20, 2017.

105/
How much is he (not) getting paid for this appearance?

106/
Blah. Blah. Blah. Blah. Blah. Blah. Blah.

107/
The President's lawyers case so far is as bad as the nacho hack video. (Don't Google it, just trust me).

108/
This is giving me a stomach ache. Nonsense. The House Managers offered Trump the opportunity to testify.

Also, what he is talking about has nothing to do with impeachment trials.

109/
I have a very, very low threshold for filler words and empty arguments.

110/
Schoen says House did not spend enough time or give the president the opportunity to have counsel for the impeachment (no hearings, etc), and also did not deliver the article to the senate until after he was out of office, and now he doesn't get the Chief Justice presiding

111/
Schoen says that because Trump is no longer the president, and because Speaker Pelosi waited between late January when they impeached him and when article was delivered in February to the Senate is a waiver of senate jurisdiction. Not following the legal basis

112/
Schoen says Leahy who has been Trump's adversasry should not be able to be both the presiding officer and a voter.

113/
Sums it up. "The impeachment article should be treated as a nullity and dismissed."

1. He says no due process

2. Says Pelosi "waived senate jurisdiction"

3. Trial of a private citizen in senate is not permitted. (Yet this is not supported by history or law)

114/
Schoen waives around his copy of the constitution in which he has paced a few large lime green post-its.

Then he waves around a little red book. I am not sure what it is. But it unfortunately looks more respectable than the flimsy posted marked pamphlet he waived.

115/
Schoen is moving on to the "bill of attainder" clause.

Here's some background on that concept to read now or later. law.cornell.edu/constitution-c…

116/
Is he going to wrap up soon?

117/
If they cared about the text of the Constitution, they should put the language on the screen.

I hope he does. But he's not. Weird. Did Trump not pay for slides?

118/
Yes, Trump is a "non-President" rn

119/
He's focused on Article II and did put up the language. He is mistakenly looking at the language about removing a president from office as the only time impeachment is in the document.

Article I is the place where the House and Senate get powers.

120/
No it's not a lot to listen to at once. It's a lot of nonsense to listen to.

NO. NO. NO. He's wrong. Article II does not give the Congress powers. The Article I part is talking about limiting president's powers.

Trust me. He is full of sh*t

121/
Trump. Was. President. When. The. House. Impeached Him.

122/
Oh. My. Dersh and Richard Epstein. Not helpful. Epstein. The legal scholar who told Trump only 500 people would die of covid and may have helped cause the deaths of hundreds of thousands due to failure to recognize the limits of his own knowledge?

vox.com/2020/3/31/2119…

123/
Okay. Some text. But it does not help him.

Criminal legal accountability DOES NOT erase the disqualification from office that can come as a remedy from impeachment. Othewise, smarty pants, why is it in the same paragraph.

124/
This is nonsensical. Make it stop.

125/
Ken Starr is not a judge. Did he say that?

126/
Okay, non-lawyers. Let me tell you something. The mere theory of a scholar or a lawyer has much lower value than what the Senate has done in the past. There have been two impeachment trials of former officials, including the former Secretary of War.

127/
Once again, Schoen is being dishonest. Schoen is deliberately mixing up two separate powers

(1) power of House to impeach
(2) power of Senate to convict

Trump was president when House impeached him.
He is a former officer now for trial

128/
I am not a fan of his post-it aesthetic. He's shouting loudly. He was trying but FAILED to defend himself for misquoting a law professor and other authority, but he tried by quoting a historian referenced in the Dems' brief.

129/
This is so painful. Please make it stop. Is he wrapping? He's talking faster and louder. I think he'll close soon.

130/
Quoting Lincoln. That's a flex.

And also reading Longfellow. He's getting choked up reading Longfellow.

Word. Word. Word. Bosom of the sea. Word. Word. Word.

Oh, he's crying about this? Really. Really. Seems fake to me, but who am I to judge.

131/
Senator Leahy, we need a break.

132/
Sigh. No break.

But glad to see @RepRaskin speaking. Calls this the most bi-partisan impeachment in history.

Said only issue is whether the senate has the authority to try and convict Trump. Says tomorrow they will address First Amendment, Due Process, Bill of Attainder

133/
Thank you, @RepRaskin -- he yielded remaining 33 minutes back to the Senate so we can take a break soon.

134/
Now Leahy is asking the Senators to vote on the question of whether the Senate has jurisdiction over the impeachment trial. We should have a tally soon. Just heard some yeses from Republicans including Cassidy and Collins

135/
Murkowski was a yes as well.

136/
Not surprisingly Romney and Sasse were yeses.

137/
Senate votes 56-44 that they have the authority to try Trump for impeachment.

138/
I love what @BWilliams just said. Apparently Paul Begala said that Trump was being represented by the law firm of "Meandering and Furious."

Also, @NicolleDWallace just said that this is the seventh legal team (not including Bill Barr) to represent Trump.

139/
I'm signing off now. Wallace just said that today was the day that the Republicans broke up with the Constitution.

See you all tomorrow when the trial continues.

140/140
Ooops. Someone else did not like this meandering approach

Here's the precise wording of this memory

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More from @jentaub

10 Feb
🧵It's on. Day 2 of the Trump Impeachment Trial 2.0. February 10, 2021. We will have a dinner break at 6 p.m.

1/ Image
Manager @RepRaskin says this is about truth. This is not an accident as Trump's attorney Castor said

Importantly, Raskin is instructed the senators that this is now a trial on the facts. The question of jurisdiction is over as majority voted that the senate can hear case.

2/ Image
Raskin said Trump was not an "innocent bystander." Instead he incited the insurrection. He became the "inciter in chief." This was the greatest betrayal of the presidential oath in the history of the United States.

3/
Read 259 tweets
21 Jan
It’s good to hear Dr. Fauci again. Concerning but helpful information
Appears as if the vaccines will still be effective even given the new strains.”One of the new things in this administration as if you don’t know, you don’t guess.”
He also said the goal of getting 100 million people vaccinated within the first hundred days is still a reasonable goal. 
Read 5 tweets
14 Jan
Ponzu has TV room couch privileges now
Meanwhile good boy Sparky’s just chilling
Read 4 tweets
13 Jan
"This was not a protest; it was an insurrection. . .I saw evil . . .these were traitors. . . And they were acting under the orders of Donald Trump." -- @RepMcGovern
"America was attacked and we must respond. Even when the cause of this violence resides at 1600 Pennsylvania Avenue."
Republican who is speaking claims this is a "race to the floor." Now he quotes Jonathan Turley who called it a "dangerous snap impeachment."

No it was a dangerous insurrection which is ongoing with threats of massive armed protests beginning this coming weekend.
Read 78 tweets
3 Jan
The president is literally threatening to prosecute the Georgia Secretary of State and his lawyer unless they lie about election results. That’s coup pro quo.

ICYMI @JasonLeopold. This is his way of “directing” someone to do something. But in this case he’s meeting resistance.
Read 4 tweets
27 Nov 20
✔️

Here's the decision today by the 3rd Circuit in Trump for President, Inc. v. Secretary of Commonwealth of Pennsylvania

1/
2/
3/
Read 21 tweets

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