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Sheldon Whitehouse Profile picture
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13 Feb, 4 tweets, 1 min read
Looks like Trump’s BS-artist attorneys may have crossed the line from BS to something much more serious.
cnn.com/2021/02/12/pol…
A review of Trump’s abominable lawyers in which the authors did not yet know about evident lies. Pretty damning stuff, even without that.
theatlantic.com/ideas/archive/…
Trump’s lawyers are likely under ethics obligation to clean this up: duty of candor to a tribunal. You don’t get as counsel to make misrepresentations; if you do, you have an affirmative duty to clean it up. Tomorrow just got a lot more interesting.
One way to clear it up? Suspend trial to depose McCarthy and Tuberville under oath and get facts. Ask Secret Service to produce for review comms back to White House re VP Pence safety during siege. What did Trump know, and when did he know it?

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More from @SenWhitehouse

Sheldon Whitehouse Profile picture
13 Feb
More on untruthful Senate trial statements by Trump lawyers here.
cnn.com/2021/02/12/pol…
Yet more on the claims by Trump’s lawyers.
washingtonpost.com/politics/2021/…
And still more on Trump lawyers: “they misstated legal precedents. They invented facts. They rewrote history.”
washingtonpost.com/opinions/2021/…
Read 4 tweets
Sheldon Whitehouse Profile picture
9 Feb
Excellent job, House Managers — lawyer to lawyer, well done.
.@RepRaskin on Founders’ fear of demagogues seeking to become tyrants: “Trump may not know a lot about the Founders; but they knew a lot about him.”
.@RepJoeNeguse on creating impeachment exception for former officials: “it would put wrongdoers in charge of whether the Senate can try them.”
Read 5 tweets
Sheldon Whitehouse Profile picture
3 Feb
Just reading the Trump pleading on impeachment,& it’s a headspinner. Calling the impeachment a Bill of Attainder is weird because that’s guilt of crime without trial & impeachment is (a) not criminal & (b) has a trial (coming right up).
Saying that the removal penalty is a “condition precedent” to the disqualification penalty is weird because (a) it’s a contract law term, (b) that “condition” isn’t in the Constitution & (c) it ignores Senate precedent on point (Belknap), usually something lawyers try to address.
Misstating the act in question (that Trump said “the election results were suspect”) so as to call it “unpopular” “protected” speech is weird because it ignores (a) everything we know Trump actually said, & (b) that criminal/fraudulent speech (like incitement) isn’t protected.
Read 4 tweets
Sheldon Whitehouse Profile picture
11 Jan
The Senate needs to oversee federal investigation of the attack and ransacking of our national Capitol, through Judiciary and perhaps Homeland Security. We may also be the client in federal civil suits for damages and for restraining orders, likely also under Judiciary purview.
The Senate will need to conduct security review of what happened and what went wrong, likely through Rules, Homeland and Judiciary. The Senate Ethics Committee also must consider the expulsion, or censure and punishment, of Sens. Cruz, Hawley, and perhaps others.
Because Congress has protections from DOJ under separation of powers, specifically Speech and Debate Clause, significant investigation will need to be done in Senate.
Read 4 tweets
Sheldon Whitehouse Profile picture
10 Jan
With dark money groups stoking mob rally, SCOTUS takes case where dark money cabal plans to create dark money right. Sometimes evil rampages, sometimes it creeps.
law360.com/compliance/art…
I’m going to go on about this a bit because it’s really important. Fact: Big dark-money entities have started claiming a constitutional right to dark money anonymity and “pled the First” refusing to answer congressional oversight questions. It’s real.
Their problem is this: to get around the corruption consequences of unleashing unlimited money, Citizens United 8-1 required (but never enforced) transparency. Only Thomas said anonymity was protected over transparency.
Read 12 tweets
Sheldon Whitehouse Profile picture
7 Nov 20
The Biden administration will govern for every American as they steer the country through a number of urgent crises: a once-in-a-century pandemic, a lopsided economic disaster, a dramatically changing climate, and a reckoning for racial justice.
The work begins immediately to ensure every American can get affordable health care, a quality education, and a job that pays a living wage.
President Trump has wielded the power of the presidency toward one goal: to turn Americans against one another. There is hard work ahead of us to bring the country together again and repair America’s standing in the world.
Read 4 tweets

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