I tuned back in to this and got a bizarre digression from Castor into why the "excited utterance" hearsay exception exists, for reasons entirely unclear to anyone except himself.

Now he's talking about how record players work.
Castor's impeachment defense opening argument is just incredibly incoherent. We've gone from brief academic discussions of hearsay rules, to asking whether anyone remembers what a record player is, to a long digression about Everett Dirksen and why US Senators are "gallant."
Now he's... telling Senators how great they are? Just like as a general matter, how he believe Senators are important people and do good thing, and then says that he personally knows both of PA's senators.

"The people you represent are proud of their senators" which, uh....
Castro keeps talking up his personal connection to Pat Toomey, including calling him "Pat," which seems like a weird strategy but okay.

"Senators are patriots. They are family men and women."

Five minutes in and still hasn't got to the point?
I think this is the best theory I've heard yet for what Castor is doing, which so far seems to be just about stroking the egos of everyone in the Senate, but in particular Pat Toomey's ego.

And without literally any transition, Castor goes straight from talking about how great the Senate is into just kind of rambling about the Founders for a minute before taking a long pause, mentioning a recent trip to the Capitol, and then going back to praising the Senate.
.... now he's talking about.... the fall of the Roman Republic?

And then he talks about "The Senate of Greece, sitting in Athens," which was not a thing!
And now Castor claims that it's absurd to rely on pre-Revolutionary English law since we left England, which, wow, did this guy go to law school? Because they literally teach you in the first week of law school about how the entire US legal system is built on English common law.
Now Castor is seemingly attacking AOC for asking Nancy Mace to "walk back" some comments, so the formal impeachment defense has apparently devolved into an old man rambling about cancel culture, so, uh.... going great.
Now he's claiming he'll defend Nancy Mace (not by name) if the government tries to force her to walk back some comments?? Which no one is talking about??
Now Castor is trying to claim that "release the whirlwind," was already "taken" so he changed it to "release the floodgates."

Apparently "open the floodgates," the common phrased used literally ever day in courts around the country, wasn't available either?
Aaaaand he just out of nowhere called Eric Holder "articulate" in a random diatribe about how maybe after this Republicans could impeach Eric Holder.

Boy he really is from suburban Philly.

/I kid
Now we're apparently going to learn about the Nebraska judiciary for some reason?

I have no idea what this is in reference to.
Castor seems to be finishing his bizarre digressions and ramblings about politics and "floodgates" and 20 minutes in turns to the actual impeachment, by referencing his own legal arguments vaguely without making clear what they actually are.
We get our first actual citation of the Constitution over 30 minutes in to the impeachment defense.
Great legal defense: "I didn't know how to respond to the 'cast the wide net' argument" so he went and looked it up.
"the people are smart enough, in a light most favorable to them, to pick a new administration."

Boy that aside is... uh.... not really necessary.
He's literally quoted the Constitution a single time since he started talking and even then was only talking about the meaning of insurrection in the 14th Amendment.
... he just admitted that they were originally planning on presenting their case on the presumption that the House Managers would do a bad job, so now that they've done a good job he had to change things up.

I refuse to believe this man ever practiced law because wow.
Castor ends by handing over to his colleague and noting "now that I've taken all of his time" which, again, has this man ever been told the concept of "don't always say the first thing that comes into your head especially when you are on national TV"?
I'm not going to livetweet the arguments of Trump's second lawyer, David Schoen, who has begun by Loudly Enunciating and Being Publicly Angry.

At least he's not winging it!

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More from @ReichlinMelnick

10 Feb
Interesting poll! But it gets the Census EO wrong.

- Undocumented immigrants have ALWAYS been included in the Census. Biden changed nothing.
- Trump's EO didn't exclude undocumented immigrants from the Census. It excluded them from apportionment calculations for House districts.
This is a continual problem with polling the public on immigration issues. If the pollsters get the basic details wrong, or simply echo the talking points pushed by the politicians who are also getting the details wrong, it makes the poll results incoherent.
A key problem with polling on immigration is that for most Americans, the details of immigration policy are an entirely abstract issue divorced from day-to-day life.

That means what you end up actually polling is not policy, but sentiment as filtered through media consumption.
Read 4 tweets
2 Feb
On to the Legal Immigration Executive Order (thanks @DLind for emailing).

It begins by affirming that "Our Nation is enriched socially and economically by the presence of immigrants, and we celebrate with them as they take the important step of becoming United States citizens."
The first portion of the legal immigration executive order calls for the creation of a Task Force of New Americans to be run out of the White House Domestic Policy Council, with will "coordinate the Federal Government's efforts to welcome and support immigrants."
Next, the EO calls for a full review by the AG and the Secretaries of DHS & State Dep't of "existing regulations, orders, guidance documents, policies, and any other similar agency actions that may be inconsistent" with the welcoming policy of the Biden administration.
Read 12 tweets
2 Feb
On to asylum processing, the part I'm most interested in. First, the DHS Secretary and the CDC Director are required to "promptly begin consultation and planning" with NGOs "to develop policies and procedures for safe and orderly processing of asylum claims."

Nothing concrete.
Next, the Secretary of Homeland Security, in consultation with the AG, the HHS Director, and the CDC Director, "shall promptly begin taking steps to reinstate the safe and orderly reception and processing of asylum seekers."
As part of that review, the HHS Secretary and CDC Director, along with the DHS Secretary, are directed to "promptly review and determine whether termination, rescission, or modification" is necessary for the Title 42 Process, as well as the underlying Trump-era CDC order.
Read 13 tweets
2 Feb
We have the first executive order on border issues (emailed out)! It begins by declaring that "Securing our borders does not require us to ignore the humanity of those who seek to cross them. The opposite is true."

I strongly agree with that!
Here's the first operative language, calling for the preparation of a "Root Causes Strategy" and a "Collaborative Management Strategy" to be prepared with the Assistant to the President for National Security Affairs, Secretary of State, DHS Secretary, the AG, and others.
The "Root Causes Strategy" is designed to "identify and prioritize actions to address the underlying factors leading to migration in the region and ensure coherence of United States Government positions."

There is a long list of things that the Strategy must take into account.
Read 4 tweets
29 Jan
Just jumped into listening to the Tipton status hearing in the Texas case and the Texas AG just said something wildly incorrect, that all 14,000 people held in ICE detention would be released—but that's just completely wrong. It only applies to those with final orders!
Tipton, admitting his lack of knowledge on immigration law, asks a series of questions about detention that suggests he completely buys into Texas's argument that anyone with a criminal record is per se dangerous. But they served their time! If they were a citizen they'd be out.
Kirschner pushing back on Tipton and the AG's focus on detention, making clear that the case is about "removal," not detention. He asks Tipton to lay out his questions fully so they can answer them.
Read 15 tweets
28 Jan
🔥We just published a brand new report, authored by @Ingrid_Eagly and @stevenshafer, proving that the overwhelming majority of immigrants show up for their court hearings.

The report puts to rest years of false narratives about immigrants missing court.

americanimmigrationcouncil.org/research/measu…
Our new report also reveals that when immigrants *do* miss court, it's often through no fault of their own.

15% of all orders of removal issued from 2008-2018 were later overturned—and that number will rise over time.

Read it here: americanimmigrationcouncil.org/research/measu…
Orders of removal for missing court can only be overturned:
- If the government failed to provide notice, or
- Within 180 days, if a person missed court due to "exceptional circumstances."

The fact that 15-20% are later overturned suggests massive failures to provide notice.
Read 4 tweets

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