The final day of opening arguments from Donald Trump’s impeachment defense team (which will be closing arguments, too, if they have their way) is expected to be relatively brief. Guess they’ll have to increase their lies-per-minute to make quota.
Tuesday, Jan 28, 2020 · 6:08:59 PM +00:00
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Mark Sumner
And we’re underway.
Pat Cipollone opens by saying that they intend to be done “by dinner time.” Pat Philbin up first, then Jay Sekulow, then Cipollone to bring it to a close.
Tuesday, Jan 28, 2020 · 6:10:42 PM +00:00
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Mark Sumner
Philbin “wouldn’t presume to elaborate” on Dershowitz’s presentation on abuse of power … then goes on to elaborate on Dershowitz’s presentation on abuse of power. Which makes it seem that the faith in Dershowitz’s evening ramble through name-checking founders wasn’t viewed as all that effective.
Tuesday, Jan 28, 2020 · 6:13:07 PM +00:00
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Mark Sumner
Philbin going through all the concerns of the framers on impeachment and what it meant. While he’s at it, let’s check again:
“The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.” — Alexander Hamilton, Federalist No. 65.
Tuesday, Jan 28, 2020 · 6:14:24 PM +00:00
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Mark Sumner
Philbin really, really, really stretching here to talk about bills of attainder, which has absolutely nothing to do with impeachment. This isn’t just going back to a dry well, he’s broken out the pick ax in search of a topic.
Tuesday, Jan 28, 2020 · 6:20:36 PM +00:00
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Mark Sumner
How obvious is it that Trump’s team have failed to knock down abuse of power as an impeachable offense? So obvious that they’re trying to invent new reasons on the final day of the defense.
And now Philbin is declaring that intent can’t be considered … which would be a considerable relief to thousands facing trial.
Tuesday, Jan 28, 2020 · 6:22:19 PM +00:00
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Mark Sumner
Note that what Philbin just claimed was “not a Constitutionally coherent statement” wasn’t a statement at all. It was pieces and scraps of various statements from the House managers that Philbin pasted together, then claimed was not coherent.
Tuesday, Jan 28, 2020 · 6:26:39 PM +00:00
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Mark Sumner
Philbin now going to address things he says are “extraneous” — which apparently includes every stage of the cover-up.
Philbin starts off with two lies: saying that Lt. Col. Vindman was the only person to raise a complaint about the call, and that Vindman agreed his disagreement was only a “policy concern.”
And then Philbin goes to testimony from Tim Morrison saying that there was nothing “nefarious” about moving the transcript to the secure server. Which is super handy, since Morrison is the person who recommended putting it there.
Tuesday, Jan 28, 2020 · 6:29:33 PM +00:00
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Mark Sumner
Philbin claiming that the call was “available to everyone who needed it as part of their job” completely contradicts testimony from Sondland, Volker, Taylor and others who claim they were not able to see the call transcript until it became public.
Tuesday, Jan 28, 2020 · 6:32:40 PM +00:00
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Mark Sumner
Philbin claiming that the House needed to counter the OLC is completely topsy-turvy. The Inspector General of the Intelligence Community already determined that the complaint WAS an urgent concern. OLC overruled the IG. and then the IG felt strongly enough to make Congess aware anyway.
Philbin’s argument isn’t with the House, it’s with the IG.
Tuesday, Jan 28, 2020 · 6:34:31 PM +00:00
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Mark Sumner
Philbin genuinely arguing that if the Inspector General sees a “violation of law” he’s not responsible for reporting a concern.
Tuesday, Jan 28, 2020 · 6:37:42 PM +00:00
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Mark Sumner
And now it’s Jay Sekulow time. Sekulow’s task throughout this affair has been to act a proxy for the worst of the sweaty Jim Jordan / Kevin McCarthy / Matt Gaetz school of screamers. Turn your volume down now.
Tuesday, Jan 28, 2020 · 6:38:38 PM +00:00
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Mark Sumner
“Danger, danger, danger” says Sekulow. But he leaves out the requisite “Will Robinson.”
Tuesday, Jan 28, 2020 · 6:39:41 PM +00:00
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Mark Sumner
Sekulow does not miss the opportunity to say “Crossfire Hurricane” again. And he brings up James Comey. And now Sekulow is genuinely ranting about the “Steele dossier.”
Tuesday, Jan 28, 2020 · 6:41:49 PM +00:00
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Mark Sumner
If you’re wondering, we are still talking about the FISA warrant. What does this have to do with this trial? NOT A DAMN THING.
Tuesday, Jan 28, 2020 · 6:43:00 PM +00:00
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Mark Sumner
Lisa Page! Peter Strzok!
Please check your BINGO cards.
Tuesday, Jan 28, 2020 · 6:44:57 PM +00:00
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Mark Sumner
Sekulow is now directly attacking Robert Mueller and claiming he destroyed evidence.
This is a trainwreck. Mixed with an airplane crash. During a 32-car pile-up.
Tuesday, Jan 28, 2020 · 6:48:11 PM +00:00
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Mark Sumner
Nellie Ohr! Bruce Ohr! Sorry, but by this point everyone’s BINGO cards are full. No further prizes.
Sekulow now talking about how Trump was busy winning “peace in the Middle East” while under attack for impeachment. This is so, unbelievably, unfathomably awful.
Tuesday, Jan 28, 2020 · 6:50:38 PM +00:00
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Mark Sumner
Sekulow's whole speech could be generated by using a random number generator to take phrases from Trump tweets. It's really impossible to overstate just how awful this is in every possible way.
Tuesday, Jan 28, 2020 · 6:51:44 PM +00:00
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Mark Sumner
Sekulow isn’t going to go through a detailed analysis of the “facts” on Biden. He’s just going to smear him in general terms by repeating the worst lies.
Tuesday, Jan 28, 2020 · 6:54:02 PM +00:00
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Mark Sumner
Incoherent would be a generous description of this speech. If you’re not listening … heck, go ahead and listen. It’s kind of a wonder.
Tuesday, Jan 28, 2020 · 6:58:30 PM +00:00
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Mark Sumner
Sekulow is not even doing a good job of reading a comment from Dershowitz—though to give him some credit, it’s not possible to find a quote from Dershowitz that would make sense.
Tuesday, Jan 28, 2020 · 7:00:36 PM +00:00
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Mark Sumner
Now Sekulow is complaining about Bolton’s book. Complete with statements from Barr and Trump attacking Bolton.
“An unpublished manuscript, that some reporters, maybe, have some idea what it said. If you want to call that evidence.”
Tuesday, Jan 28, 2020 · 7:02:24 PM +00:00
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Mark Sumner
At this point, I’m genuinely laughing. I don’t think SNL can lampoon this. Sekulow is making a speech that it pre-pardodied.
Tuesday, Jan 28, 2020 · 7:06:52 PM +00:00
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Mark Sumner
We’ve wandered back to attacking Bob Mueller. “Bob Mueller had to correct himself ... so that’s what the president’s been living with”
Now we’re on the battlefield. Now we’re in the Ukraine parliament. Now we’re talking about fiscal year. Now we’re talking about the length of the phone call. Now we’re talking about the whistleblower. Now we’re talking about Ukraine’s anti-corruption court.