So pleased to report that the 9th Circuit, sitting en banc, has just voted to approve Hawaii's gun control law, which restricts the open carrying of firearms. The opinion was written by Judge Bybee. I argued the case for the State of Hawaii back in September w/an incredible team
The opinion is 215 pages long. I'll post it as soon as we can.
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.
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.
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.
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.
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."
@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?