Now this defense is getting stupider (which I didn't think was possible before now). Trump lawyer is literally arguing that the 1/6 insurrection were caused by Portland/BLM/media
The great thing is that regardless of the outcome of the vote today, this defense will be the defense of Trump that exists in the historical record.

To use the precise legal term, this defense sucks. No historian will look at this and be able to find any exculpation. Fitting.
I've taught at @GeorgetownLaw for more than 20 years. I'm pretty sure I've never had a 1st year student who'd do a worse job than this Trump lawyer. It's not a defense, it's a culture war screed. Given that 1 of the most impt audiences here is the eye of history, it's a disaster.
GOP wants to be free to run Donald Trump again? Good luck with that.
Wow. I didn't expect this: McConnell calling trump "disgraceful dereliction of duty," says Trump lied to the American people.
"Practically and morally responsible for provoking the events [of 1/6. No question about it."
The Mitch McConnell statement right now is worth watching. Seriously turn on the tv.
Doesn't ever redeem McConnell. Nothing can. But it is further evidence of what the historical record here will show. Trump's biggest ally in the Senate for 4 years has said this.
McConnell is totally misreading the House Manager's argument. They never said you can impeach a private citizen. They've said you can impeach people who are (or were) Pres, VP, or "officers of the US." That's it. He's totally creating a straw man. Terrible reasoning.

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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 41 tweets
10 Feb
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.
Read 22 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

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