After six days of opening arguments in the impeachment trial of Donald Trump, senators now get the chance to ask questions. Questions are submitted in writing to be read by Chief Justice John Roberts, with answers generally limited to five minutes.
Thursday, Jan 30, 2020 · 4:08:05 AM +00:00
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Mark Sumner
And my stream died with apparently one question left on each side. I’m back in time to see everyone packing up.
So … I guess we’re done. And I hope Adam Schiff really killed whatever he was talking about when it became blocky frozen squares on my screen.
Thursday, Jan 30, 2020 · 4:14:19 AM +00:00
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Hunter
Schiff does some clean-up on a prior question by Susan Collins asking why ‘bribery’ wasn’t a direct impeachment charge. It’s because ‘abuse of power’ is the higher Constitutional crime, he says, and the House included a description of the elements of bribery matched by Trump’s content in that higher charge. He also notes Sekulow’s prior assertion that the Trump defense would NOT abide by the rulings of Chief Justice Roberts in deciding admissibility or relevance of evidence; Sekulow instead had repeated his threat to drag the impeachment trial out as long as possible with court battles fighting such evidence production. After some brief sputtering by Sekulow, we’re done for the evening.
Thursday, Jan 30, 2020 · 2:20:34 AM +00:00 · Mark Sumner
Val Demings rains fire on the Hawley-Cruz smear, not just chopping a their claims about Shokin but pointing out the universal approbation for the corrupt prosecutor. Nice work, Rep. Demings.
Thursday, Jan 30, 2020 · 2:22:23 AM +00:00 · Mark Sumner
Jerry Nadler gets the chance to field a question on Rudy Giuliani’s role in Ukraine. In my opinion, we haven’t heard about Giuliani nearly enough today.
There should have been at least as many Giuliani questions as Biden questions — especially since one of these people was genuinely corrupt.
Thursday, Jan 30, 2020 · 2:25:00 AM +00:00 · Mark Sumner
Nadler talking fast in an effort to get maximum Rudy into this reply. Someone on the Democratic side could do him a favor and ask something about Guiliani, Parnas, and Furman again. Maybe give a mention of Dmytro Firtash while they’re at it.
Nadler is never going to make it through all this before Roberts plays him off. And… there it goes.
Thursday, Jan 30, 2020 · 2:26:26 AM +00:00 · Mark Sumner
Trump’s team get to rail against “removing a president on the votes of one party. And now we will spend five minutes pretending that this is possible.
Thursday, Jan 30, 2020 · 2:31:39 AM +00:00 · Mark Sumner
Did I mention that Dershowitz is back again to make claims that are hilariously awful. And sets up a situation in which Obama is getting different advice from different advisers. Because that’s … nothing at all like what happened in this case.
And now Dershowitz is introducing the idea that because Biden is running for election, that makes it okay to persecute his family.
And Roberts mercifully ends this mess.
Thursday, Jan 30, 2020 · 2:37:27 AM +00:00 · Mark Sumner
Amy Klobuchar directs to the House managers a very nice question, saying that the last time she sat on a judicial impeachment there were 26 witnesses, including 17 who didn’t speak in the House.
And by a non-coincidence, Adam Schiff tried that case. Schiff steps up to say that there’s no constitutional difference, and the
Schiff: “In the impeachment of a judge, how is it possible that, as precious as the time of the Senate is, it’s worth using that time to call witnesses. But in the impeachment of a president, it is not?”
This is another question I wish had come forward sooner. Because it would have provided foundation for additional work to build on this.
Still, I’m happy to see Schiff up and dealing with issue forcefully. Schiff is also taking a moment to take a crack at Dershowitz’s claim that it was somehow valid to investigate Joe Biden because he’s running for president. The idea that running for office “makes you a more valid target for investigation” is a pretty astounding argument.
But honestly, it’s no more silly than anything else Dershowitz has claimed.
Schiff returns to talking about the importance of calling witnesses in this case as opposed to the judicial case Klobuchar cited and makes a nice close.
Thursday, Jan 30, 2020 · 2:42:18 AM +00:00 · Mark Sumner
Langford, Danes, and Hawley … so you know they’re giving the Trump team not a softball, but setting them up for T-ball. And Dershowitz comes back again … Alan Dershowitz answering a question posed by Josh Hawley is as as twisted as this thing is going to get.
Dershowitz is now throwing away English Common Law as a foundation for American law. That’s handy. Again, throw open the jails. And now we’re talking about how the system works in India, because there is not going to be any kind of sensible answer to this question.
Dershowitz now suggests that a judge can be impeached for being drunk. It’s not possible for Dersh to get through an answer without going off the rails. Heck, he’s never seen the rails.
Thursday, Jan 30, 2020 · 2:45:54 AM +00:00 · Mark Sumner
Trump’s team gets a chance to defend Trump’s statement that, if he was offered information from Russia or China, he might listen and not tell the FBI.
Will Philbin shake a finger at Trump? He will not. Instead he will ignore the question and go after the whistleblower.
Oh, he has wandered back to it. Now Philbin is genuinely arguing that Trump can get “mere information” from a foreign government, even if that information benefits him against an opponent.
Hey, isn’t this the same team that’s been screaming about how Christopher Steele is a “foreign agent?”
McConnell hops in to ask for a 15 minute break. About an hour left in the day.
Thursday, Jan 30, 2020 · 2:49:22 AM +00:00 · Mark Sumner
Expect Dershowitz's argument that running for office makes you a legitimate target for investigation to become Republican orthodoxy about ... oh, thirty minutes ago.
Congratulations, Democratic candidates. William Barr with be with you shortly. Or Rudy. Same thing.
Thursday, Jan 30, 2020 · 3:13:35 AM +00:00 · Mark Sumner
We’re back … and so are the conspiracy theories, as the first question describes Schiff as a “fact witness” who coordinated with the whistleblower.
No matter how many times Schiff explains his staff had with the whistleblower won’t matter, because the Republicans knew—and know—the role of the Intelligence Committee is defined in the IC Whistleblower Act. And Philbin doesn’t just claim that the whistleblower is connected to Biden, but suggests that the whistleblower was “involved” in a bribe that never happened.
And now Trump’s team, which hasn’t provided a single document, is complaining about not getting a form from the IC Inspector General. Because that’s the kind of jackassery that Republicans are going to repeat over and over.
Thursday, Jan 30, 2020 · 3:17:11 AM +00:00 · Mark Sumner
Zoe Lofgren gets to answer a question on how getting caught before every step of the plan could be completed doesn’t make Trump innocent. And she points out that Trump is already back at it, feeling empowered by the protection Republicans have given him through ignoring his crimes.
Thursday, Jan 30, 2020 · 3:22:14 AM +00:00 · Mark Sumner
Surprisingly, based on the last question, Risch is still awake. Good for him. And the question is … honestly, why don’t they just write a note saying they will have Trump’s shoes shined and waiting outside his door, also they’ll pick up a extra McMuffin for executive time.
The question is, really, can the Senate remove Trump for doing nothing wrong. Asked of Trump’s team.
They should say Yes! Yes, you can! That would be a good twist ending for a long day.
Thursday, Jan 30, 2020 · 3:25:53 AM +00:00 · Mark Sumner
Seriously, Barrasso, a question that overtly butt-kissing should be written in lipstick.
Thursday, Jan 30, 2020 · 3:31:09 AM +00:00 · Mark Sumner
Schiff deals with a question on preventing foreign interference in the 2020 election, running through some of the massive state military supported interference. Schiff points out that the Trump case has moved from it didn’t happen, maybe something happened, Rudy did it on his own, to Trump withheld the money, to it’s all okay.
Based on the claims presented by Trump’s team — especially those forwarded by Dershowitz — if Bob Mueller had found that Trump had conspired with the Russian government effort to interfere in the U.S. election, it still would not be impeachable.
Schiff: “You can’t solicit foreign interference, and the fact that you were unsuccessful in getting it, doesn’t make you innocent.”
Thursday, Jan 30, 2020 · 3:32:35 AM +00:00 · Mark Sumner
Schiff: “That’s what they call policy. I’m sorry, but that’s corruption. They can dress it up in fine legalese, but it’s still corruption.”
Thursday, Jan 30, 2020 · 3:37:11 AM +00:00 · Mark Sumner
Collins gives the House managers a swing at the “if this is bribery, why isn’t it in the charges” question that the Trump team has gotten to tackle a dozen times now.
Hakeem Jeffries uses Dershowitz’s claim that something has to be a criminal act, or “akin” to a criminal act. Jeffries details how Trump solicited a thing of value in exchange for two official acts. Late is it is, Jeffries is still on fire. “That’s your standard, sir,” he says to Dershowitz.
Trump repeatedly withheld an official act to solicit something of value, which is akin to bribery.
Thursday, Jan 30, 2020 · 3:41:08 AM +00:00 · Mark Sumner
Gillibrand (hey, I miss her) sends a question to the House managers asking how Trump’s actions differ from other holds on foreign assistance.
That’s an actual substantive question that we have not seen addressed to this point. And a key issue to the case. Amazing that we’re just getting it now.
Jason Crow gets to take the issue. Crow starts off by simply stating that Trump failed to go through an inter-agency review, or to notify Congress, or to notify anyone. Crow points out that not just Obama’s holds, but every other hold that Trump made, included notifying Congress, working with relevant agencies, and announcing the reason for the hold.
The hold to Ukraine was unique, and making the hold without contacting Congress was itself a violation of law.
Thursday, Jan 30, 2020 · 3:45:31 AM +00:00 · Mark Sumner
Blunt, after mistakenly saying McCaskill instead of McSally, punts another question that brings Dershowitz up to meander through his history stylings.
Every time Dershowitz stands up, it’s like one of those one-man shows in which someone pretends to be Mark Twain, or George Washington. Except Dershowitz is pretending to be a constitutional scholar.
Thursday, Jan 30, 2020 · 3:49:13 AM +00:00 · Mark Sumner
Dershowitz talking about how the 2/3 vote rule in the Senate mediates against a partisan impeachment which … yes, that’s true. And now Dershowitz is asking questions of the room.
He’s now arguing that no one should vote for removal unless he / she thinks there is 2/3 vote. But since the rest of us cannot read minds, votes are kind of required.
Okay, he’s gone again.
Thursday, Jan 30, 2020 · 3:52:14 AM +00:00 · Mark Sumner
Question to Trump’s team about whether they will allow the chief justice to make decisions about witnesses and documents. And nope, of course they are not.
Sekulow is up to claim that both parties following the same rules is unfair. He starts, stops, starts again, tries to figure out how this is uneven. Backs up, and simply decides that Trump isn’t willing to go along with it. The reason, which he never states, is because “we will make this last forever” is a threat Trump’s team will not surrender.
Thursday, Jan 30, 2020 · 3:55:57 AM +00:00 · Mark Sumner
Dershowitz gets a personal call out from Wicker. Aww … And Dershowitz starts out by talking about when he was a young egomaniac.
He complains that these are “the most divisive times” and that “families are broken up.” Yes. Those walls and cages might have something to do that.
Guarantee you that none of the framers said “normalized weapon” in describing impeachment.
Thursday, Jan 30, 2020 · 4:02:21 AM +00:00 · Mark Sumner
Sinema returns to other holds, pointing out how Trump announced other holds, informed Congress, and worked with the countries involved.
Philbin says that withholding the aid in all those other cases had a purpose. But in this case no one wanted the hold to become public. Which means there could not possibly be any purpose for the damn hold. Philbin revisits burden sharing. But there wasn’t one meeting with European leaders, with Trump’s ambassadors, or anyone else who might do anything.
Now Philbin is returning to an argument that McCarthy floated in the House, pretending that this was about some bill passed in the parliament. Except Trump never mentioned it, it doesn’t appear in any of the emails or messages that were connected with the hold, and the hold continued after the bill was passed.
In five minutes here, Philbin has completely reversed the claims made earlier.