There is talk of just stipulating to allow Rep. Beutler's statement into the record. If so, it would be odd since Rep. Raskin already discussed the statement in the record. It would be an exit ramp back to where the Senate was before Raskin threw the Senate trial into disarray.
...If this is the result, it would clearly show that Raskin sandbagged the Senate Democrats who did not want to be seen as opposing the managers (despite just saying that they did not want witnesses). jonathanturley.org/2021/02/13/wit…
...It is a stipulation. The resolution shows that Raskin sandbagged the Senate Democrats. This merely enters hearsay into the record. However, the statement of Beutler also contradicts the House managers that this is truly new evidence.
Raskin just read Beutler's statement that she has previously shared her information with colleagues and the public. Yet, Raskin suggested that this was previously unknown evidence. How does that square with the statement just read into evidence?
If the Democrats wanted to confirm such information, how does this stipulation do that other than adding hearsay to a largely circumstantial record on Trump's state of mind?

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More from @JonathanTurley

12 Feb
Questions are likely to start tonight. A few questions for the managers would help clarify some of these issues...
1. You did not give the President a chance to formally respond and did not call witnesses before or after the snap impeachment. You then told us that we should consider due process a "privilege" and not required in a Senate trial, but ....
...shouldn't due process be the expectation of both the Senate and the American people in a constitutional trial? The Senate should consider basic principles of fairness and due process in judging the House case, correct?
Read 6 tweets
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
10 Feb
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…
Read 4 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

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