More heat than light from the defense so far. The team needs to focus on the constitutional claims and history. David Schoen is tearing into the Democrats when the Senate needs argument on the constitutional issues.
...The defense has eaten roughly half of its time without landing a glove on the constitutional questions. Schoen was said to be the one who would present an "erudite" analysis of the constitutional issue.
...It is interesting that the defense team is focusing more on the prudential concerns not the constitutional issues related to retroactive trials. jonathanturley.org/2021/01/29/a-q… Certainly, such prudential arguments might be able to pick up a couple votes.
...The real objective is to make the vote closer even if it will not reach 50 votes. The defense could pick up a couple votes to put this closer to the line. The due process and prudential issues are different from the issue underlying the Paul motion. jonathanturley.org/2021/01/27/dea…
What is interesting is the Schoen improved when he got into the weeds on the language. I am not sure why the defense did not front-load those arguments.
This was not an auspicious start for the defense today. The House was more polished and effective. The defense will need to tighten the narrative and focus the points going forward.

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More from @JonathanTurley

11 Feb
Raskin is detailing reckless comments by Trump for years and is suggesting that he has been inciting violence for years. It is an argument that opens the door for similar pictures and arguments of rioting for years from the left by the Trump team.
jonathanturley.org/2021/02/11/rec…
Again, this is not an argument designed to convict on the specific charge of incitement to insurrection. It is more of an argument to enrage than to convict on the specific article of impeachment...
...Raskin is now detailing the Whitmer kidnapping plot and suggesting culpability by Trump. The plot was uncovered and prosecuted under the Trump Administration. This is the type of argument that would be barred in an actual court...
Read 5 tweets
9 Feb
Raskin just argued that the Senate can clearly try the impeachment because the House properly impeached the president before the end of his term...jonathanturley.org/2021/01/22/the…
...However, that ignores the possibility that you can have a constitutional impeachment but an unconstitutional trial. Raskin cited the British Hasting case. However, the legendary Justice Joseph Story noted that not only is the trial of former officials unconstitutional but...
he expressly noted that this is a point of distinction between American and British impeachments. Story is widely cited as the gold standard on the meaning of the Constitution.
Read 5 tweets
8 Feb
“The First Amendment does not apply in impeachment proceedings.” If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors this week... jonathanturley.org/2021/02/08/the…
...The scholars start by stating the obvious: that there is no First Amendment “defense” that bars the impeachment or conviction a president. They go to great length to contest an argument not in dispute...
...Constitutional rights and values are always relevant to an impeachment. Some of these scholars have emphasized that this is a purely political process where senators have free range on the basis for conviction...
Read 4 tweets
5 Feb
A former law professor, Raskin declared that the decision of Trump not to testify could be cited or used by House managers as an inference of his guilt — a statement that contradicts not just our constitutional principles but centuries of legal writing... jonathanturley.org/2021/02/05/ras…
...The statement was a conflicts with one of the most precious and revered principles in American law that such a refusal to testify cannot be used against an accused party...
...There appears no price too great to pay to impeach or prosecute Trump. If everything is now politics, this trial is little more than a raw partisanship cloaked in constitutional pretense.
Read 4 tweets
3 Feb
The House focuses on how Trump’s speech was interpreted rather than intended. The House seems to prefer to keep the trial on the level of speculation. Indeed, while the article refers to incitement to insurrection, it reads like impeachment for negligence. thehill.com/opinion/judici…
Trump’s view of election fraud is germane, since it is referenced in the impeachment article. However, it is the worst possible defense to advance in the Senate. It doesn’t matter if Trump was right about fraud; it only matters whether he sought a rebellion rather than a recount.
...Many will not accept any contrary conclusions on both sides but I believe the majority would do so.  Otherwise, this conversation on Newsmax will be repeated endlessly for years.
Read 4 tweets
31 Jan
There is now a call to not only disqualify dozens of Republicans under the 14th amendment but to put the entire Republican Party on the Domestic Terror List. prospect.org/blogs/tap/put-… With the help of legal experts, rage again triumphs over reason... thehill.com/opinion/judici…
...Legal experts are again insisting that the 14th Amendment can clearly be used in this way. In truth, Trump and these members would have a strong challenge to such disqualification by a simple majority vote. If you believe this was incitement to insurrection, prosecute them...
...There can then be a real trial on real charges with a real verdict. What concerns me is the absence of discussion of the obvious dangers in allowing such votes in Congress to disqualify politicians under the 14th Amendment...
Read 4 tweets

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