Hi. I'm watching the Senate trial. For those of you who are not, the strategy today from Trump's defense team is "I know you are but what am I?"
The House managers seemed to carefully, deliberately avoid partisanship. The strategy today from the defense is all partisanship. "Democrats have said 'fight.' Democrats have objected to elections. Democrats encouraged riots this summer."
In this framing, Donald J. Trump was no more powerful than a member of the House of Representatives. His responsibilities were no different.
Now we have "the House Democrats hate Donald Trump." That's a direct quote. There are accusations that the House Managers have manipulated video footage.
Michael Van Der Veen is criticizing the House managers for not engaging with the First Amendment argument. He's laughing "what we've heard is devoid of any constitutional analysis" and saying the House managers have not done the work of a first year law student.
"Hatred is a dangerous thing."

Editorial comment: so is pretending that accountability = hatred.
Now Van Der Veen has the audacity to lament heated political rhetoric.
Van Der Veen says this is not "what aboutism" before showing a "what about" video.
And let me say, I do not like comments about fighting, punching, beating, bullets from anyone at any time. I would like all of our elected officials to think differently about their speech. I also think it is nonsensical to equate this stuff (especially from...Ellen? Madonna?).
Van Der Veen is confirming, I think, my suspicion that the argument here is that the First Amendment is unlimited in any way.
As we talk about in today's podcast, I think the 1A argument here misses that the House Manager's case isn't speech alone. It's speech + conduct (both what Trump did and what he did not do).
Van Der Veen says the House managers are engaged in "illogic" and "double-talk" as he says "the Constitution does apply to this constitutional impeachment process."
Now Van Der Veen says that Mr. Trump has enhanced free speech rights as an elected official.

So...we should consider that he was an elected official in evaluating his words but ignore that he was president in evaluating what the effect of his words. I think that's the pitch.
Really stunning to watch a lawyer argue that the framers were dedicated to allowing the president of the United States to falsely tell Americans that the democratic republic has been stolen from them.
Van Der Veen is now saying that House Manager Raskin is as culpable as Trump for "trying to overturn the 2016 election."
They are now showing a clip of Trump that I think is supposed to be helpful but it's unclear to me how it is.
Ah...he's talking about all of his "Great achievements" and including a focus on election security among them.

Although...I guess by his own assessment he failed at that? I don't know. I'm trying not to be too snarky but this is really infuriating.
I am gobsmacked that the legal team decided to bring up Charlottesville as part of Trump's defense. They're arguing that Trump's words are always misconstrued. It's unreal.
But I should not be gobsmacked because the entire philosophy here is to say to Republican voters: "have you ever said anything that's no so PC and gotten an overreaction from someone? yeah, that's right! that's all this is."
Bruce Castor says that there was no insurrection, but that what happened on January 6 was horrific and that everyone from Trump to his defense denounce the violence.
Castor just referred to Trump's "real supporters," as though the people who stormed the Capitol were something else.

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More from @PantsuitPolitic

13 Feb
A few thoughts, as I take this in and reflect on how and why I used to vote for Republicans and will not again:

I'm overwhelmed by sadness that a combination of truly devastating events did not compel more than 57 people to do the right thing.
I'm grateful for those who did do the right thing today, even though it came at the very last minute--much too late. Even though they helped create this and could have done more to stop it. Even though some of them did the right thing when they didn't have much to lose.
I'm grateful for those who made the case for the right thing as though the case mattered. I believe it did, even without a conviction.
Read 12 tweets
12 Jan
I think we have to consider what "unity" means.

In the most foundational sense, unity exists whether we want it to or not. Our fortunes are tied together. We all impact each other. That form of unity carries risks, benefits, and, mostly, responsibilities. /1
The trouble with calling for "unity" after you, say, abused a procedure to jeopardize and break trust and invite violence in the foundation of representative government, is that it sounds like a shield, not a shared responsibility. /2
It sounds like "we are all one, so there can be no critique of each other." But then saying, "and actually THOSE PEOPLE are the REAL problem" which turns it into "we are all one, but I am the best, so there can be no critique of me." /3
Read 9 tweets
13 Nov 20
I know many important things are happening in the world right now. It's hard to make room for particularized atrocities, especially those that involve people who have committed terrible crimes. Please spend a minute with me on a grave injustice that's unfolding in our system.
In 2011, Lisa Marie Montgomery was convicted of killing a woman in order to kidnap her unborn baby. Although the crime itself indicates mental illness, prosecutors sought and secured the death penalty under federal law.
Her life has been one failure of people and systems after another. She was raped, tortured, physically and emotionally abused as a child by her mother, by her mother's partners, by plumbers and electricians (her father offered his daughter's body as payment to men), by partners.
Read 12 tweets
4 Nov 20
Good morning.
I'm not going to tell you to keep your chin up because I know how disturbed and discouraged many of you are. I know how disturbed and discouraged I am.

We are in for some long days as a country (I didn't think they could get longer but here we are).
Who do we want to be right now? People who pay attention. People who can share good information and counter bad. People who check and double check their sources. People who know what they're talking about.
What we know right now is that the House Democratic majority expanded. We do not yet know which party will control the Senate. We do not know who will be the president.
Read 7 tweets
2 Nov 20
We've had lots of questions about what's going on in Harris County, Texas, and I'll be talking about it on today's Nightly Nuance. First, here's what we know as of this morning...
Harris County is Texas's most populous county, and it's quite diverse. It offered voters an opportunity to drive thru polling stations at 10 different locations -- 9 using tents and one, at the Toyota Center, using a parking garage.
Republicans challenged the legality of these locations, and the Texas Supreme Court denied a motion to stop drive-thru voting. One justice dissented saying the locations don't count as polling places under Texas law and impermissibly expand curbside voting.
Read 8 tweets
27 Oct 20
Today's episode of the Nightly Nuance discusses Democratic National Committee v. Wisconsin State Legislature. With the caveat that any opinion from Justice Kavanaugh makes me act like a disgruntled pelican, let's recap with the Roses to attempt to numb the effects.
6 weeks out from Election Day, a District Court extended the deadline for counting WI absentee ballots postmarked by Nov. 3 to Nov. 9. In WI, you can request an absentee ballot until Oct. 29. With Covid, it takes ~ 2 weeks to return the ballot, so the math is...not hard
Roberts, Gorsuch, Kavanaugh, Thomas, and Alito voted to prevent the District Court's order from being enforced without giving us a majority opinion.
Read 11 tweets

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