Raskin just did precisely what I discussed in this column in citing the news story just before the trial. The House did nothing for weeks to lock in such testimony in hearings but is now citing witnesses from media reports. jonathanturley.org/2021/02/09/mod…
...The House could have called a dozen witnesses to lock in their testimony on what Trump said and did during this period. Why? It seems to prefer to try the case largely on circumstantial evidence and media accounts of what these witnesses have said.jonathanturley.org/2021/01/30/why…
The managers are again quoting aides from statements in the media, the very witnesses that the House has declined to call for testimony for the last four weeks. Why? jonathanturley.org/2021/01/30/why…
Rep. David Cicilline just said that they have no idea how many people asked Trump to issue a statement. That is precisely the type of information that some of these witnesses could have supplied in the last four weeks. The House could have locked in such testimony.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jonathan Turley

Jonathan Turley Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

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
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.
Read 6 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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!