Posted: February 9, 2021 | Author: bostonboomer | Filed under: morning reads, U.S. Politics | Tags: both-sidesing media, Donald Trump, GOP extremism, second impeachment trial, Trump defense arguments |

Good Morning!!
Yesterday Dakinikat posted one of those typical Politico “both-sidesy” “Democrats in disarray” articles about second Trump impeachment trial, which begins today. Supposedly Democrats are torn about whether they should go all out to convict trump or just give up because the whole thing is a “lost cause.” Why call witnesses and make a big scene when Republicans hold all the cards anyway? Of course Politico ignores the fact that a clear majority of Americans support conviction. CBS News:
As former President Trump’s second impeachment trial begins, a 56%-majority of Americans would like the Senate to vote to convict him, and the same percentage say he encouraged violence at the Capitol — views that are still somewhat linked to Americans’ presidential votes in 2020, reflecting ongoing partisan division.
To those in favor of conviction, this trial is described as holding Mr. Trump “accountable” and “defending democracy.” To those Americans (mostly, Republicans) opposed to it, the trial is “unnecessary” and a “distraction.”
Media critic Eric Boehlert writes: Sorry Politico, impeachment’s not “lost cause” for Dems — it’s a home run.
As the impeachment curtain rises in the Senate today, with Trump being charged with “incitmdent of insurrection” for his role in the Jan. 6 attack on the U.S. Capitol, the D.C. press once again seems to think the impeachment of a Republican president poses political problems…for Democrats. It’s a strange prism through which to view the historic proceedings, as Trump becomes the first president in 240 years to be impeached twice — and in the span of just 13 months….
Overall, the press seems much more focused on the fact that Democrats likely won’t win a conviction, than they are on the swelling movement nationwide in favor of conviction. Republicans are clearly out of step with the public, but it’s Democrats who are portrayed as being boxed in and “muzzled.”
As for Republicans and the political consequences impeachment poses for them? Politico wasn’t interested, and made no suggestion that the GOP stands at the crossroads regarding Trump and the murderous mob he inspired to ransack the U.S. Capitol. The GOP, apparently, faces no impeachment fallout, only Democrats.
This is the type of coverage we saw during Trump’s impeachment last year, when news outlets flipped common sense on its head and became wed to idea that an unpopular Republican president being impeached represented a political problem for his opponents. The Washington Post insisted “hand-wringing” Democrats were “bracing” for scores of impeachment defections in the House. In the end, exactly two Democrats defected. Meanwhile, adopting Republican talking points, the New York Times reported that the first impeachment was “a political plus” for Trump, and “risky” for Democrats.
Talk about turning the tables. Back when Democrat Bill Clinton was impeached in 1999, the overriding political story was how badly would the historic proceeding damage Democrats? That, despite the fact that polling showed Americans overwhelmingly opposed the impeachment of Clinton, whose approval rating swelled into the 70’s while being persecuted by the GOP. Yet last year when it was Democrats who were doing the impeaching, and when they had the support of the public, the press assumed they’d be the ones to pay a high price. Same is true again this year.
For Democrats, it’s heads you lose, tails you lose.
Read the whole thing at the link. As the trial plays out, we need to remember that there really is no liberal media. In fact, the “savvy” DC press always works hard to find a “both-sides” narrative, no matter how bad things get for Republicans.
At Yahoo News, Kendell Karson and Meg Cunningham write: GOP on defense as Democrats harness party’s ties to extremism.
As the GOP contends with its future and Trump’s role in it, Democrats are seizing on the deep divisions within the Republican ranks over its right wing and seeking to define the frontline of the party by its most extreme members.
House Democrats’ campaign apparatus deployed $500,000 for an advertising campaign tethering Rep. Kevin McCarthy, R-Calif., the minority leader, and seven vulnerable House Republicans in districts President Joe Biden won last year to Georgia Rep. Marjorie Taylor Greene’s extremist rhetoric and the QAnon conspiracy theory.
The opening shot by Democrats accuses the swing district Republicans of standing “with Q, not you.
“Washington Republicans have made their choice — they chose to cave to the murderous QAnon mob that has taken over their party,” said Rep. Sean Patrick Maloney, D-N.Y., the chair of the Democratic Congressional Campaign Committee. They are “refusing to hold those responsible for the attack on the Capitol accountable, offering nothing but empty words after years of hyping up lies and conspiracy theories.”
Read more at the link.
Schumer and McConnell have reached an agreement for how the trial will proceed. The Hill:
The timeline would allow the trial to wrap up as early as next week, if both sides agree not to call witnesses.
Under the deal, the Senate will debate and vote on Tuesday on whether the trial is constitutional. The effort to declare the trial unconstitutional will fall short after Rand Paul (R-Ky.) forced a vote on the issue late last month. Forty-four GOP senators supported his effort.
Opening arguments will start on Wednesday. Under the deal, the House impeachment managers and Trump’s team will have 16 hours over two days each to present their case to the Senate….
The deal also leaves the door open to calling witnesses. The House impeachment managers previously invited Trump to testify under oath, an offer his attorneys rejected. They haven’t yet said if they will try to get the Senate to call other witnesses.
Today the Senators will debate the constitutionality of trying a president who has left office. Trump’s lawyers claim that is unconstitutional, but the expert they rely on for their arguments says they are misinterpreting his scholarship.
At NPR, Nina Totenberg interviews that expert: ‘I Said The Opposite’: Criticism Of Trump’s Impeachment Defense Intensifies.
A constitutional law professor whose work is cited extensively by former President Trump’s lawyers in their impeachment defense brief says his work has been seriously misrepresented.
In a 78-page brief filed in the U.S. Senate Monday, Trump’s lawyers rely heavily on the work of Michigan State University Professor Brian Kalt, author of the seminal article about impeachment of a former president. His work is cited 15 times in the Trump brief, often for the proposition that the Senate does not have the authority under the constitution to try an impeached ex-president.
The problem is that Kalt’s 2001 book-length law review article concluded that, on balance, the historical evidence is against Trump’s legal argument.
“The worst part is the three places where they said I said something when, in fact, I said the opposite,” Kalt said in an interview with NPR.
Trump’s lawyers argue that the Senate lacks jurisdiction because the president is already out of office, making an impeachment trial pointless. Kalt argues that impeachment is about more than removal; it’s about accountability and deterrence. “The framers worried about people abusing their power to keep themselves in office,” he adds. “The point is the timing of the conduct, not the timing of the legal proceeding.”
Read the rest at NPR.
David Corn at Mother Jones: Why the Second Impeachment of Donald Trump Is More Important Than the First.
[D]espite the the deja-vu-ness of this been-there/done-that impeachment and the absence of a possible political death sentence, the second Trump impeachment is far more important than the first, for it ultimately is about securing and protecting the defining ideal of the United States: that this nation is a democracy that honors principle not power….
The core issue is a president jeopardizing American democracy. For the first time since the republic was born, the United States did not experience a peaceful transfer of power following a presidential election. (Yes, there’s an asterisk for the 1860 election of Abraham Lincoln that led six months later to the Civil War.) Trump spent weeks prior to the election plotting how to subvert it should he lose, and then he put his scheme in motion, pushing the big lie that massive fraud had occurred and a nefarious cabal had stolen his victory. He falsely declared victory before all the votes were counted. He and his allies refused to accept legitimate and certified results, filing frivolous lawsuits that were routinely tossed out and spreading baseless conspiracy theories. They lied—over and over—about vote tallies and supposed irregularities that did not exist. It was a psyop campaign, information warfare—similar to the covert attack waged against the 2016 election by Vladimir Putin. And evoking his infamous Ukraine phone conversation, Trump called Georgia state officials and pressured them to “find” him just enough votes to secure a victory in that state. Coercing local officials to falsify election results can be a crime.
This all happened before the seditious and murderous attack on the US Capitol on January 6. For months, Trump had waged war against the election and the American political system, seeking to discredit it so he could retain power, misleading millions of America, and exploiting paranoia, fear, and political division. His impeachable acts did not begin on the that dreadful day. “The full story is a crime story, a long crime story,” one of the House impeachment managers tells me. The attack on Congress—which aimed to overturn the election results—was the product of a lengthy stretch of disinformation and incitement.
More points of view on the trial:
Richard H. Pildes at The Atlantic: January 6 Was Just One Day in a Sustained Campaign.
Stephen Collinson at CNN: Trump’s trial set to rock Washington and echo through the ages.
Peter D. Keisler and Richard D. Bernstein: at The Atlantic: Freedom of Speech Doesn’t Mean What Trump’s Lawyers Want It to Mean.
Steve Coll at The New Yorker: Trump’s Impeachment Trial Offers a Chance to Seize the Initiative on the Future of Free Speech.
Michael Conway: How Republicans’ defense of Trump over his impeachment trial hurts him in the long run.
The Daily Beast: Trump Preps Nutty Impeachment Defense as D.C. Ducks.
Vanity Fair: Trump’s Impeachment Lawyers: He was Heartbroken by Capitol Violence, How Dare You Suggest Otherwise.
Will you be watching today’s arguments? If so, let us know what you think.
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Posted: February 2, 2021 | Author: bostonboomer | Filed under: Afternoon Reads, just because, U.S. Politics | Tags: Bill Cosby, Bob Bauer, Bruce Castor Jr., Butch Bowers, David Schoen, Donald Trump, House impeachment managers, Jeffrey Epstein, Rand Paul, second impeachment trial |

Clerk of the House Cheryl Johnson along with acting House Sergeant-at-Arms Tim Blodgett lead the Democratic House impeachment managers as they walk through the Capitol Hill
Good Afternoon!!
The second impeachment trial of Donald Trump begins next Tuesday, Feb. 9. As usual, Trump is unprepared and his defense is in chaos. His entire legal team recently quit because he wanted them to argue that he lost the 2020 election because of voter fraud. There was also the matter of the payment of legal fees, according to Axios: Scoop: Fees — not just strategy — blew up Trump’s legal team.
What we’re hearing: The notoriously stingy former president and his lead lawyer, Butch Bowers, wrangled over compensation during a series of tense phone calls, sources familiar with their conversations said. The argument came even though Trump has raised over $170 million from the public that could be used on his legal defenses.
- The two initially agreed Bowers would be paid $250,000 for his individual services, a figure that “delighted” Trump, one of the sources said.
- However, Trump didn’t realize Bowers hadn’t included additional expenses — including more lawyers, researchers and other legal fees that would be accrued on the job.
- He was said to be livid when Bowers came back to him with a total budget of $3 million. Trump called the South Carolina attorney and eventually negotiated him down to $1 million.
- All of this infuriated Trump and his political team, who think the case will be straightforward, given 45 Republican senators already voted to dismiss the trial on the basis it’s unconstitutional to convict a former president on impeachment charges.
- Trump’s political arm also was planning to pay separately for audiovisuals, a rapid-response team and legislative liaison.
In the end, the money dispute added to frustrations Bowers and the other lawyers felt about whether the former president’s claims of election fraud should be central to their arguments.

Butch Bowers
This happened even though Trump had raised $170 million for his defense.
But now Trump has found two new lawyers. Business Insider: Trump’s new legal team includes an attorney who declined to prosecute Bill Cosby and another who met with Jeffrey Epstein days before his death.
Days after five members of Donald Trump’s impeachment legal team quit over a disagreement on strategy, two new lawyers, David Schoen and Bruce Castor Jr., have been added to the roster….
Castor was the district attorney of Montgomery County, Pennsylvania, from 2002 to 2008. In 2005, Castor declined to prosecute Bill Cosby when he was charged with sexually assaulting Andrea Constand. Castor said at the time that “insufficient, credible and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt,” The Washington Post reported.
Years later, after more than four dozen women had accused Cosby of sexual crimes, Castor said he’d verbally offered Cosby an immunity deal in which he declined to prosecute him in criminal court to ensure that Constand would be able to sue him in civil court.

Bruce Castor Jr.
His handling of the Cosby case is widely believed to be responsible for the failure of his reelection bid in 2015….
David Schoen, a criminal-defense lawyer in Atlanta, was a part of the Trump ally Roger Stone’s defense team during his trial on charges of witness tampering, obstructing an official proceeding, and making false statements related to the special counsel Robert Mueller’s Russia investigation.
Schoen also met with the convicted sex offender Jeffrey Epstein in the days before Epstein’s death in August 2019. Schoen has claimed that Epstein’s death was not actually a suicide.
Those two sound perfect for Trump. I wonder if he’s paying them?
USA Today: Trump’s lawyers will argue impeachment trial is unconstitutional after split with old legal team over voter fraud.
Former President Donald Trump’s legal team are expected to use an argument at his impeachment trial next week that is already supported by the majority of Senate Republicans in charge of his fate: That the trial is unconstitutional because Trump is no longer the commander in chief….
While Trump’s new team says fraud isn’t at the center of their arguments, they’re not closing the door on them….
Schoen, in an interview with The Washington Post Sunday evening, offered some insight on the path forward, saying he planned to focus on the “weaponization of the impeachment process” and would not argue the president’s claims of voter fraud.

David Schoen
“I am not a person who will put forward a theory of election fraud,” Schoen told the Post. “That’s not what this impeachment trial is about.”
Schoen told Sean Hannity of Fox News on Monday night that the trial is unconstitutional and nothing more than an effort to prevent Trump from running for president again. “This is the political weaponization of the impeachment process,” he said.
Schoen also called the trial “the most ill-advised legislative action that I’ve seen in my lifetime.” [….]
The new team appears to have a two-pronged strategy: Arguing the trial is unconstitutional and that Trump’s remarks about the election did not incite the deadly riot at the Capitol.
Meanwhile, Democrats have filed their case against Trump. The Washington Post: Trump’s actions described as ‘a betrayal of historic proportions’ in trial brief filed by House impeachment managers.
House Democrats made their case to convict former president Donald Trump of inciting the Jan. 6 riot at the U.S. Capitol in a sweeping impeachment brief filed with the Senate on Tuesday that accused Trump of whipping his supporters into a “frenzy” and described him as “singularly responsible” for the mayhem that ensued.
In the brief, the nine House impeachment managers argue that Trump is not protected by the First Amendment’s freedom of speech provision, which was never intended, they wrote, to allow a president to “provoke lawless action if he loses at the polls.”
“If provoking an insurrectionary riot against a Joint Session of Congress after losing an election is not an impeachable offense, it is hard to imagine what would be,” the brief states.
Democrats also rejected the claim embraced by many Republicans that it is unconstitutional to convict a president after he has left office — an argument that Trump’s lawyers are expected to make in his defense.
“There is no ‘January Exception’ to impeachment or any other provision of the Constitution,” the House Democrats wrote. “A president must answer comprehensively for his conduct in office from his first day in office through his last.”

House impeachment managers
Trump is supposed to submit his response later today. It’s difficult to see how his lawyers could have had enough time to prepare careful arguments. More from the Democrat’s case:
The House Democrats wrote that Trump’s embrace of unfounded accusations that the 2020 election was stolen from him helped foment his supporters’ attack on the Capitol. When those false assertions failed to overturn the election, the Democrats wrote, Trump “summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue.”
They added: “The Framers themselves would not have hesitated to convict on these facts.”
The House impeachment managers urged senators to bar Trump from ever serving again in elected office: “This is not a case where elections alone are a sufficient safeguard against future abuse; it is the electoral process itself that President Trump attacked and that must be protected from him and anyone else who would seek to mimic his behavior. Indeed, it is difficult to imagine a case that more clearly evokes the reasons the Framers wrote a disqualification power into the Constitution.”
The brief made clear Democrats’ intention to build an emotionally compelling impeachment case against Trump in which they have sought out new cellphone footage of the Capitol siege, as well as details about injured police officers.
The goal is to present the Senate with fresh evidence that reveals what Trump knew in advance of the Jan. 6 rampage at the Capitol, as well as how his words and actions influenced those who participated. The rioting left five dead, including one member of the U.S. Capitol Police. In addition, two officers, one with the D.C. police department, have since died by suicide.
At The New York Times, constitutional legal expert Bob Bauer writes: Why the G.O.P. Argument Against Trying Trump Is So Dangerous.
As the Senate trial of Donald Trump nears, the defense is coming into view. It appears that most Senate Republicans will not defend Mr. Trump’s conduct around the Jan. 6 Capitol siege. Instead, they will rally around an argument about the chamber’s constitutional powers and the supposedly dangerous consequences for our politics if the Senate tries a “late impeachment.”
This argument is built on two closely connected representations, and Senator Rand Paul previewed them in his recent constitutional objection to “late impeachment.”
The first, in Mr. Paul’s words, is that “impeachment is a tool to remove someone from office. That’s it.” The Senate lacks the power to try an impeached president, once out of office, to determine if he is guilty of the charges the House has levied against him.
The second, Mr. Paul and others argued, is that Mr. Trump is now a “private citizen,” and so any action against him could serve no purpose other than revenge….

Bob Bauer
This Republican argument wholly misconstrues the text, history and structure of the Constitution’s impeachment clause. It is a mistake to minimize impeachment’s broader objectives by suggesting that removal from office was somehow its only or primary function.
The power to impeach specifically provides for two decisions: impeachment and conviction, resulting in removal, and then disqualification from holding office. As drawn from the English practice, and reflected in state constitutions at the time, both these actions were understood to serve the overall purpose of public accountability for egregious abuses of public office.
Indeed, several state constitutions at the time of the federal Constitution’s writing permitted impeachment only after public figures had left office. Public accountability and disqualification were the purposes of impeachment; the Constitution’s addition of removal from office was an expansion on these provisions.
The argument focused on Mr. Trump’s status as a former president is misguided and dangerous. When impeached, he was in office. Moreover, it is highly doubtful that the framers intended the impeachment clause to give the president free rein to commit impeachable offenses in the closing months of his term.
In any case, the Senate always decides on disqualification after the offender is a “private citizen,” since that is what he becomes upon conviction of an impeachable offense. The Constitution does not even specify that this second vote on disqualfication must be immediate. The Senate could vote weeks later, after deliberation and debate, well into the former president’s “private” life.
Still more fundamental: This “late impeachment” argument fails to grasp the constitutional framework within which the question must be considered. The Federalist Papers made plain the framers’ preoccupation with protections against the demagogue, the “unworthy candidate” of “perverted ambition” who practices “with success the vicious arts, by which elections are too often carried.” The provision for “disqualification to hold and enjoy any office of honor, trust or profit” was one of many instances of constitutional checks against popular passions that could lead to the election of officeholders who would threaten to subvert the Republic.
Read the rest at the link. I imagine the impeachment managers will read this article carefully.
So, that’s what we know so far about the impeachment trial. I’ll post more news links in the comment thread below. There’s a lot happening.
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