Thursday is the second day of questions from senators to the House impeachment managers and Donald Trump’s defense lawyers. Questions are submitted in writing to be read by Chief Justice John Roberts, with questions alternating between Republican and Democratic senators and answers generally limited to five minutes.
Thursday, Jan 30, 2020 · 7:34:43 PM +00:00
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Mark Sumner
Durbin responds to claims by Sekulow that Democratic senators tried to extract political favors from Ukraine.
“The Senators’ letter was written in response to a New York Times report that the Ukrainian Prosecutor General was considering not cooperating with the Mueller Probe out of concern that President Trump would cut off aid as punishment. The Senators’ letter in no way calls for the conditioning of U.S. security assistance to Ukraine.”
Thursday, Jan 30, 2020 · 7:36:24 PM +00:00
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Mark Sumner
Schiff gets a question about Mulvaney … but puts the question on hold to cite a statement made by the Justice Department this morning in response to a subpoena saying that Congress has a remedy if the White House won’t answer a subpoena … impeachment!
Gets a nice laugh from at least half the Senate.
Thursday, Jan 30, 2020 · 7:38:07 PM +00:00
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Mark Sumner
Schiff hustling through the answer on Mulvaney … not sure he has the time to really deal with this, but he does get in some of the history of the assistance. Talking about the difference between holds that were allowed, and written into legislation, and holds that are illegal and secret.
Thursday, Jan 30, 2020 · 7:39:50 PM +00:00
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Mark Sumner
Schiff gets through a pretty amazing set of examples, and gets his his points across well. He’s good at squeezing in a lot of material into little time — even though Roberts does eventually cut him off.
Thursday, Jan 30, 2020 · 7:46:04 PM +00:00
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Mark Sumner
Another heapin’ help o’ Republicans on this question. Which is generally a good sign that this is a rehearsed piece that they’ve already worked out with Trump’s team. Despite that, the question — which seems designed to give Trump’s team another drop-kick on the theme of “tearing up the ballots” (so much so, I’m amazed Cipollone is taking it rather than Sekulow) — isn’t being handled very well.
I take that back. The answer isn’t good at all, and is for the most part simply ignoring the question. That seems true any time “leads” Cipollone or Sekulow stand up. I’m not sure Bondi doesn’t rate about either of them.
On the House side, this question gets tackled by Schiff, who directly addresses the question by saying that Trump is trying to cheat in the election. Honestly, Schiff is providing such a more polished and direct answer on this question, you’d think that the Republicans had practiced it with the House team. Schiff uses every second of his time. He’s going to make Roberts play him out on every answer.
Thursday, Jan 30, 2020 · 7:50:02 PM +00:00
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Mark Sumner
King gives the House team a set-up by inviting them to explain the danger of letting Trump skate on obstruction.
Schiff takes it again. He’s standing up personally a lot more on Thursday than he did on Wednesday. I expect that’s because the initial set of Wednesday questions were all designed to hit different aspects of the case and assigned in advance to different members of the team.
Now we really seem to be in a place where the incoming questions are topics the teams (or House team, at least) don’t have lined out in advance. So Schiff is taking more things personally.
On the specific topic of obstruction, Schiff concentrates on the blanket denial of documents — which don’t get protection from executive privilege.
Thursday, Jan 30, 2020 · 7:52:07 PM +00:00
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Mark Sumner
The court case Schiff mentioned earlier.
“Asked by a federal judge what the House can do to enforce its subpoenas, Justice Department lawyer James Burnham said without hesitation that the House can use its impeachment powers, among other options, like withholding appropriations.”
Thursday, Jan 30, 2020 · 7:56:37 PM +00:00
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Mark Sumner
Rick Scott offers a question that is itself a lie, repeating claims that Republicans in the House were denied witnesses, questions, and ‘process.’
Philbin repeats the lie that the minority wasn’t allowed to call “any witnesses at all” and then claims that the House managers are still trying to prevent Republicans from getting any witnesses.
I’m not sure one truthful thing was said in this question or response. And the sad thing is that everyone in the room knows it.
Thursday, Jan 30, 2020 · 8:00:56 PM +00:00
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Mark Sumner
Schiff gets a question based on the idea that even the intelligence community is prohibited from using foreign sources against U.S. citizens. Cites Barr’s reasoning on motivation in impeachment … which is actually pretty good.
Not that it would take great reasoning to show that what Dershowitz has been pushing is beyond silly.
Thursday, Jan 30, 2020 · 8:08:10 PM +00:00
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Mark Sumner
Braun gives the Trump team a chance to paint more spangles on Trump. The rarely seen Eric Herschmann steps up to declare that Trump’s approval ratings are “at all time highs” and that the American people are “the happiest they’ve been in fifteen years.”
This will not be followed by a list of things that Trump claims to have done. Wall. Terrorists shot. Unemployment.
It must be nice to have Herschmann’s job, which doesn’t require actually listening to any aspect of the case on either side. Though reading from the Trump PR report seems to be giving him some issues, as he just declared improvements in “creme roll” justice.
We just ended with a complaint of presidential harassment and a proclamation of god bless Trump. Le, sigh.
Thursday, Jan 30, 2020 · 8:11:38 PM +00:00
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Mark Sumner
Jerry Nadler gets to talk about subpoenas and executive power. He’s twice mixed up the abuse and obstruction articles. Nadler is more disorganized here than he’s been so far in this trial. Maybe he’s just tired, but he’s making me wish someone else had taken this answer.
Thursday, Jan 30, 2020 · 8:19:30 PM +00:00
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Mark Sumner
And a group of Republican senators invite the Trump team to again complain about the process violations that did not happen in the House investigation — finishing with an invite to throw out the whole impeachment. Plus this time they also throw in accusations that Schiff “illegally leaked” information.
But … don’t expect anything new here, sine this is at least the fourth time they’ve already hit this today. Process arguments rule!
Secret hearings in the basement bunker! No opportunity to cross-examine witnesses! President completely shut out!
Philbin takes on more accusations that Schiff had “connections with the whistleblower” that gave him “an incentive to withhold information.” Man, it is so good that we’re so concerned about process here, because otherwise it would sound like Philbin is just putting one unfounded and untrue accusation on top of another.
Thursday, Jan 30, 2020 · 8:25:05 PM +00:00
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Mark Sumner
Tammy Duckworth asks the obvious question — if Trump was concerned about cost sharing with Europe, is there any evidence of meetings on that top, briefings, information, requests to European allies, etc?
Jason Crow takes it. Crow walking the whole process from the beginning, going back to the passage of legislation. Again, I’m worried about the ability to fit all the answer this is going to generate in the time allotted.
We’re pretty deep into this, and Crow hasn’t really gotten around to talking about whether or not there’s any evidence — and the answer is no. We might have started there, then come back to talk about hat a good process would look like. But he does get through it all.