‘Garbage Dressed Up as Legal Argument’: Lawyers, Law Profs ‘Baffled’ by Trial Memo’s Defense of Trum

Discussion in 'Current Events' started by MrTLegal, Jan 21, 2020.

  1. MrTLegal

    MrTLegal Well-Known Member

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    https://lawandcrime.com/impeachment...rofs-baffled-by-trial-memos-defense-of-trump/

    One of the most egregious examples is the "legal" justification for ignoring the congressional subpoenas because they were issued before the House formalized the impeachment inquiry. The rationale was supplied by an OLC opinion which was made into a memo, dated on January 19, 2020, and based on a dissenting opinion from a Trump appointed judge in an unrelated case.

    Screenshot_20200121-081611_Twitter.jpg

    In addition to containing multiple lies and misrepresentations of the facts, like saying that Mark Zaid helped draft the Whistleblower Complaint (when he joined one month after the Complaint was filed) and calling the August, 2019 memorandum of the phone call a "transcript," this memo also completely ****s up the historical record when it argues that Abuse of Power can never be an impeachable offense.

    They argue that Abuse of Power is not impeachable because the Constitution's explicit inclusion of "Bribery and Treason" requires that the Impeachment be based on "settled law." The problem there is that at the time of the Constitution, there was no Federal Statute for Bribery and thus, you can only agree with the notion that the law was "settled" if you also admit that the Common Law Crime of "Bribery" is sufficient and guess what? There was also a Common Law Criminal definition for Abuse of Power.

    https://twitter.com/CBHessick/status/1219339832822059008?s=20
     
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  2. RodB

    RodB Well-Known Member Past Donor

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    Really scraping the bottom of the barrel, huh? But don't feel alone; there is a ton of that has been going on for years now.
     
  3. Pred

    Pred Well-Known Member

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    Just imagine if Republicans tried to impeach Obama over lying to the American people over the ACA or DACA or Fast and Furious? Woo boy!!!!
     
  4. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Boy the hoops you have to jump through. The constitution IS law.
     
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  5. HTownMarine

    HTownMarine Well-Known Member Past Donor

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    I'm sure you were as pissed when Holder ignored his congressional subpoenas...
     
  6. Gatewood

    Gatewood Well-Known Member

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    Polling indicates that all this faux impeachment of Trump has done is to additionally polarize the nation into already established perspectives with Independents remaining mostly neutral or leaning slightly for Trump and against the Dem Party's corrupt leadership. Perhaps next time the political Left decides to utilize the Constitution as their snot rag for politics, they should consider the optics of the thing, first.

    As for Trump's defense or how the Senate runs the trial, one would think that after all the smug SHRIEKS of 'The House has the exclusive power to impeach' leftists in general would grasp that 'The Senate has the exclusive power to conduct an impeachment trial.' Perhaps they and their paid for experts will eventually comprehend that fact. It could happen.
     
    Last edited: Jan 21, 2020
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  7. MrTLegal

    MrTLegal Well-Known Member

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    I don't understand your post. Who are you talking about?
     
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  8. MrTLegal

    MrTLegal Well-Known Member

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    They did and you couldn't get more than 30% of the American people behind your efforts. Sorry, not sorry.
     
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  9. MrTLegal

    MrTLegal Well-Known Member

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    #Genius
     
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  10. FreshAir

    FreshAir Well-Known Member Past Donor

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    in an impeachment inquiry, when did this happen?
     
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  11. FreshAir

    FreshAir Well-Known Member Past Donor

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    when your unable to mount a defense as it's obvious your client did it, you run with the only defense you have left
     
  12. MrTLegal

    MrTLegal Well-Known Member

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    Trump's polling and support for impeachment is largely stable and divided into the camps, but independents are definitely leaning against Trump. How else do you get to ~53.5% disapproval unless there are just way more Democrats than Republicans.

    Nothing in this portion addresses Trump's defense.
     
  13. MrTLegal

    MrTLegal Well-Known Member

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    Holder personally testified four times and handed over 7000 documents on Fast & Furious alone.

    But no, I would have no problem if Trump wanted to permit people to show up and then to fight over executive privilege. I do have a problem with him claiming that every current and former employee is absolutely immune from testifying and then telling the courts that the Judicial branch can never intervene.

    I am sure that pisses you off too, right?
     
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  14. Pred

    Pred Well-Known Member

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    It was never a serious impeachment. Maybe if there was an MSM lying about Obama’s intentions or what he did 24/7, the American people might have been more convinced? Or are you denying the MSM and Dem leaders didn't lie about Russia for 2+ years?

    Schiff announced he had solid evidence Trump colluded with Russia. He NEVER had it. He lied about the phone call. He literally made up A conversation and hoped people would think it was real. He has lied every step of the way.
     
    Last edited: Jan 21, 2020
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  15. MrTLegal

    MrTLegal Well-Known Member

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    Yes, I will deny that the MSM and the Dem leaders lied about Russia. And yes, there was never a serious impeachment because Obama did not commit an impeachable offense. You couldn't even convince more than 30% of the country to support impeachment at any point during either term. Trump got to 50% in his first term.

    And do you really want to argue that Trump is some paragon of truth? The man literally still claims that the phone call which resulted in MULTIPLE internal complaints AND a whistleblower complaint AND a ****ing Impeachment Inquiry is "perfect." His statement that the "Whistleblower got nearly everything wrong" is the 2019 Politifact Lie of the Year.
     
  16. Cubed

    Cubed Well-Known Member Past Donor

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    Trump and his team lie. lie lie lie and obfuscate as much as possible, and their minions will carry the water no matter what. It doesn't matter how illogical or fabricated the info is, it's simply passed along as truth.
     
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  17. hawgsalot

    hawgsalot Well-Known Member

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    Ahh there you have it folks impeachment based on flawed polling. Good grief the desperation is coming to a head now for all to see.
     
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  18. FreshAir

    FreshAir Well-Known Member Past Donor

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    the media is only reporting what Trump himself said publicly

    in Trump's own words what he wanted from the call

    the reporter asked him, he answered..... all on video

     
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  19. hawgsalot

    hawgsalot Well-Known Member

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    Yeap that's as weak as it gets, why would we not want other countries investigating our corrupt politicians again? Why did the dems get Russian spies to create a false dossier again? Why did Hilary meet with Ukrainians in there embassy about dirt on Trump again?
     
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  20. MolonLabe2009

    MolonLabe2009 Well-Known Member

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    Eric Holder ignored a subpoena until the GOP went to the courts and the courts forced Holder to testify.

    Why didn't the Dims use the courts like the GOP did???

    Inquiring minds want to know.
     
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  21. MrTLegal

    MrTLegal Well-Known Member

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    I was taught in law school to pound the law if I have the law, pound the facts if I have the facts, and to pound the table if I have neither.

    Trump's legal team was taught to deny the law, lie about the facts, and to then hire 16 attorneys for the defense.
     
  22. MrTLegal

    MrTLegal Well-Known Member

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    What flawed polling?
     
  23. MrTLegal

    MrTLegal Well-Known Member

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    Eric Holder voluntarily testified before the House four times and turned over - voluntarily and without a court order - over 7000 documents related explicitly to Fast & Furious.

    How much has Trump done in regards to the impeachment?

    And the Democrats have gone, and are still in front of the courts.

    Your move, Yugiboy.
     
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  24. MrTLegal

    MrTLegal Well-Known Member

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    You do not need an explanation for why Politicians should not invite or encourage foreign interference in our elections, let alone to specifically target political rivals.
     
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  25. Texas Republican

    Texas Republican Well-Known Member Donor

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    It’s the AOI that is legal mishmash. “Obstruction of Congress” isn’t even a crime. It’s manure.

    And there’s nothing wrong (or illegal) with Trump asserting his constitutional rights to defend himself.

    The executive branch is not subservient to the legislative branch.
     
    Last edited: Jan 21, 2020

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