Will live tweet reax on this THREAD. Let's start w/Raskin's opening line: It's not about the lawyers, not about political parties.

Beautiful.
Raskin makes exactly the right argument: the jurisdictional argument is gone. Now, it's about the facts. This was the Trump lawyer's big strategic error--teeing up the legal objection that a former president can't be tried&losing it means that arg is gone. Sens must vote on facts
2 minutes in and @Liz_Cheney 's comment that this was greatest betrayal of Oath in history of the United States has been invoked (tho not by name). Let's see if we hear that more than 10x in this proceeding.
Now Raskin making a really impt subtle point: this wasn't just random violence, it was violence instigated by the head of one branch of govt against another. And that other branch, Congress, was performing its most solemn duty at the time, counting the electoral votes under 12 Am
I am surprised Raskin starts his timeline with Dec. 12 and Trump's tweet about just beginning to fight. I would've thought he'd start with Gabe Sterling's early December scary warning to Trump to stop or deaths will occur--and then said the tweets followed even after that warning
Raskin is destroying Trump's last remaining constitutional defense, the 1st Amendment. Points out Trump isn't just some crazy uncle, but the leader. Here’s what S Ct said in 1952 ...
Executive power has the advantage of concentration in a single head in whose choice the whole Nation has a part, making him the focus of public hopes and expectations… No other personality in public life can begin to compete with him in access to the public mind ..."
"through modern methods of communications." Steel Seizure case (1952)
The 1st amendment argument was destroyed by Peter Keisler 2 days ago. Keisler was President Bush's Acting Attorney General and a founder of the Federalist Society. theatlantic.com/ideas/archive/…
Now @RepJoeNeguse is up. So polished and professional yesterday. I'm looking forward to this, and have some trepidation about having to see all the video that we are about to see.
Now @RepJoeNeguse makes the point I've been waiting for: Had Trump just tweeted to stop the threats and violence, as Gabe Sterling told him to do a month earlier, horrific violence would have been avoided. This is why this Trump is unfit for any future office, plain and simple.
Just putting my lawyer presentation hat on for a moment, I think the pacing of Raskin, Naguse, and Castro is splendid. It's a slow, methodical tempo, walking folks through the evidence. So hard to pull that off on the national stage--there is a tendency to speed up/pace up.
Effective advocates put themselves in the shoes of the decisionmaker (judge or jury).Castro just did that effectively, appealing to fact that everyone in that room ran for office&often are behind early in election night. He asks how they'd feel if opponent tried to stop the count
Now @RepSwalwell is up. This should be interesting. He gave the single best cross-examination of Bill Barr (or any Trump official) last year -- absolutely destroyed him.
Back now to live tweets (had to teach a class in interim). I'm struck by the diversity of the House team, compared to Trump's team. As usual, Trump took the "White House" thing a bit too literally.
Epic troll by House Manager @StaceyPlaskett of Trump's lawyers. She starts with "truth and preparation" is what matters.
Wow @StaceyPlaskett is amazing. What an outstanding presentation.
Watching this, I keep coming back to this thought: Is Mike Pence watching this? He could go a long way toward moving this nation forward by breaking his silence. It is never too late to do the right thing.
Proclaiming your "love" for these "special" people after what they did is itself an impeachable offense. It's atrocious and unAmerican and reprehensible and fundamentally incompatible with the duties of being President of the United States.
Devastating line by @RepSwalwell: if the insurrectionists had gotten there just minutes before, imagine what they could have done with those [plastic] cuffs

He said this line after spending 5 mins showing the Senators being evacuated by the Capitol police at risk to their lives
Every time I hear @RepSwalwell I'm moved. He has such poise, integrity, you can feel him rise to the moment.
Rep. Castro right now making the key point: any other President would have said STOP. Trump didn't. That's all you need to know. It's fundamentally inconsistent with his Oath of Office.

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More from @neal_katyal

12 Feb
This defense of Trump is like the upside down world.
Good lawyers refrain from absurd statements, understanding this undermines one’s credibility. This person is refraining from any non-absurd statements.
Phew. I was worried we’d go 10 minutes before hearing #BothSides.
Read 18 tweets
9 Feb
Right now, @RepRaskin is vindicating the best of our Founders' ideals. It is exquisite lawyering. Perfect, sober, balanced.

A "January exception" to our impeachment clause is "an invitation to our founders' worst nightmare," etc.

Pitch perfect opening.
And a devastating video. Brings tears to my eyes to watch this footage. I had repressed that last, horrible, tweet from Trump 4 hours after the attack.
So glad to hear @RepJoeNeguse making the Michael McConnell point--even if you think former officers can't be impeached, Trump wasn't a former. He was impeached *while* President. And so glad to hear him point out that Trump's lawyers didn't even respond to it in their briefing.
Read 24 tweets
27 Nov 20
The US Court of Appeals has totally destroyed Trump's claims in Pennsylvania. The opinion, written by Trump appointee Steve Bibas, is devastating. It didn't even bother holding oral argument, saying the "claims have no merit."
All 3 Judges appointed by Republican Presidents. Today, I'm thankful for the Rule of Law. This is what it is all about.
It's hard to imagine a stronger smackdown. Opinion begins: "Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious...Charges require specific allegations and then proof. We have neither here."
Read 6 tweets
11 Aug 20
@jentaub @jgeltzer 2/ Flynn's lawyer has just started, offering a lot of platitudes.
@jentaub @jgeltzer 3/ I'm not sure this is an effective way to start. I've argued before this Court many times, it's an incredibly analytic court. Cute statements get nowhere.
@jentaub @jgeltzer 4/ Judge Srinivasan asks the key q: has a court anywhere granted a writ of mandamus in something like this?
Read 4 tweets
9 Jul 20
Same lineup in House case, 7-2. More to come
Court says neither side's test satisfactory
"The standards proposed by the President and the Solicitor General—if applied outside the context of privileged information—would risk seriously impeding Congress in carrying out its responsibilities, giving
short shrift to its important interests in ..."
Read 5 tweets
1 Jul 20
BREAKING NEWS: A federal court has just upheld our challenge to Trump's asylum restrictions, decision by Judge Kelly of DC District Court. More to follow. Huge congrats to associate Mitch Reich and others who worked so hard on this case. More to follow
"There are many circumstances in which the law appropriately commands, as in [the Supreme Ct Holder case], that courts defer to the Executive Branch’s national security judgments. But ...the record in that case consisted of far more than a newspaper article."
This decision invalidates Trump's "asylum ban" at the Southern border.

The decision by Judge Kelly, who President Trump appointed to the bench in 2017, goes into effect immediately.
Read 4 tweets

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