Trump impeachment lawyer gave the Pennsylvania Supreme Court its excuse to free Bill Cosby

The Pennsylvania Supreme Court overturned Bill Cosby's sexual assault conviction on Wednesday and barred further prosecution in the matter, meaning Cosby is now being freed after serving just two years of a three- to 10-year sentence. The court based its decision on a supposed nonprosecution deal with former Montgomery County District Attorney Bruce Castor, ruling that the incriminating evidence on which Cosby was convicted—a deposition in a civil suit by Andrea Constand, the woman Cosby raped in this particular case, though far from his only victim—would not have happened if Castor hadn’t promised Cosby he was free from the threat of prosecution and therefore could not invoke the Fifth Amendment.

If the name Bruce Castor sounds familiar, it’s because he was previously seen embarrassing himself on the national stage in 2021 as Donald Trump's least competent impeachment defense attorney.

The Pennsylvania Supreme Court’s decision to overturn this conviction based on Castor’s promise of nonprosecution drew the support of six out of seven justices, with one dissenting in full. Two of the justices, however, concurred with that decision while dissenting from the ruling that Cosby can never be prosecuted for this crime—something that could have been done while suppressing the evidence that emerged because of Cosby’s reliance on the nonprosecution pledge.

The concurring and dissenting opinion clearly lays out one of the key issues: “Significantly, none of this authority or our case law interpreting it remotely purports to grant to district attorneys the power to impose on their successors—in perpetuity, no less—the kind of general non-prosecution agreement that Castor sought to convey to Cosby. It’s not difficult to imagine why: If district attorneys had the power to dole out irrevocable get-out-of-jail-free cards at will and without any judicial oversight, it would invite a host of abuses. And it would ‘effectively assign pardon power to District Attorneys, something this Court has already rejected as unconstitutional.’”

Cosby’s argument that Castor had given him an eternal get-out-of-jail-free card was already brought up in Cosby's trial and rejected by the judge there, based in part on the fact that no such agreement existed in writing.

“There’s no other witness to the promise,” the judge in that case said to Castor’s effort to convince him that the agreement was a real thing. “The rabbit is in the hat and you want me at this point to assume: ‘Hey, the promise was made, judge. Accept that.’”

The Pennsylvania Supreme Court disagreed, and disagreed to the extent that Cosby is now in no danger of facing justice beyond the time he has already served.

“I’m absolutely in shock…My stomach is lurching and I am deeply distressed about the injustice of the whole thing,” Bill Cosby accuser Victoria Valentino says of his release from prison. https://t.co/yuM413mOS1 pic.twitter.com/y4gmnY2pnd

— Good Morning America (@GMA) June 30, 2021

a lot of people are trying to understand why Bill Cosby is being released from prison. as an experienced attorney i can explain: he is extremely, extremely rich

— Law Boy, Esq. (@The_Law_Boy) June 30, 2021

Three ‘very friendly’ Republican senators met with Trump’s defense lawyers

At the beginning of an impeachment trial, senators swear an oath to “do impartial justice.” Most Republican senators have made clear throughout both of Donald Trump’s impeachment trials that this was a lie—at best, a fig leaf they used to get out of answering questions about how they saw the evidence. Then there’s Lindsey Graham, Mike Lee, and Ted Cruz. Those three met with Trump’s defense lawyers Thursday evening to offer advice.

The “very friendly guys,” according to Trump lawyer David Schoen, were making sure Trump’s lawyers were “familiar with procedure.” Probable translation: Wanted to be sure these clowns didn’t screw this thing up too badly for even Republicans to ignore. Was that ethical, though? “Oh yeah, I think that's the practice of impeachment,” Schoen claimed. 

How badly do Graham, Lee, and Cruz think Trump’s lawyers are going to screw up their defense arguments? Alternatively, how worried are they that some Republicans were persuaded by the House impeachment managers’ case? All but six Republicans already voted against holding an impeachment trial at all on the obviously false grounds that it was unconstitutional, giving them an excuse to vote to acquit without engaging the substance of what Trump did at all. 

Sens. Roy Blunt and Marco Rubio are sticking with that claim, for instance. “My view is unchanged as to whether or not we have the authority to do this, and I’m certainly not bound by the fact that 56 people think we do,” Blunt said. “I get to cast my vote, and my view is that you can’t impeach a former president. And if the former president did things that were illegal, there is a process to go through for that.”

And Rubio: “The fundamental question for me, and I don’t know about for everybody else, is whether an impeachment trial is appropriate for someone who is no longer in office. I don’t believe that it is.”

Do Cruz, Lee, and Graham think Schoen and immediately notorious idiot Bruce Castor need their advice to get through what’s forecast to be a very abbreviated day of arguments? Or are they still trying that pathetically hard to suck up to Trump? They do seem to have gotten the attention of his inner circle, with sleazeball adviser Jason Miller repeatedly mentioning their involvement on Newsmax, making absolutely clear the senators were there to build the case for Trump. “It was a real honor to have those senators come in and give us some additional ideas,” he said.

Republican senators have that “not constitutional” sham to hide behind, and they are energetically doing so. They have state parties ready to attack them the minute they step out of line. Donald Trump has his own defense lawyers, albeit not exactly the prime talent of conservative law. And as of Thursday, he officially has three of the people sworn to do impartial justice actively strategizing to help him get off.

The House impeachment managers, on the other hand, had the truth of what happened, and it was too powerful for Republicans to fully ignore. But that is unlikely to be enough.

Morning Digest: Georgia Republicans gird themselves for brutal 2022 primary battles

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Carolyn Fiddler, and Matt Booker, with additional contributions from David Jarman, Steve Singiser, Daniel Donner, James Lambert, David Beard, and Arjun Jaikumar.

Leading Off

GA-Sen, GA-Gov: The Atlanta Journal-Constitution's Greg Bluestein takes a look at the developing Republican primary contests for U.S. Senate and for governor, which already are shaping up to be ugly affairs. Before we get to the potential candidate fields, though, we'll set the scene with this quip from conservative commentator Martha Zoller: "The Republican Party in Georgia right now is like a Jenga game where someone has pulled out the wrong block," said the 2012 House candidate, explaining, "It's unstable and a mess."

Team Red is hoping to defeat Democratic Sen. Raphael Warnock, who will be up for a full six-year term next year, but there's no obvious frontrunner to take him on right now. Bluestein writes that former Sen. David Perdue, who lost to now-Sen. Jon Ossoff last month as Warnock was also unseating appointed incumbent Kelly Loeffler, has "essentially frozen" the nomination contest as he deliberates whether to launch a comeback bid.

Bluestein relays that Perdue is "viewed as unlikely to run," but that his advisers haven't dismissed the idea. Indeed, just after the story went live, one of those Perdue advisers confidently tweeted, "He'd clear the field or crush anyone who was dumb enough to run against him in a primary."

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The AJC adds that Loeffler, who lost to Warnock 51-49, is also considering another try. That doesn't sit right with former Rep. Doug Collins, who lost the 2020 all-party primary to Loeffler and is considering another Senate bid, too. "Kelly can either be the person whose boredom costs Republicans the Senate twice or become a 'Jeopardy' answer that no one will remember the question to," said Collins' former spokesperson. Collins has also expressed interest in challenging Gov. Brian Kemp for renomination, but unnamed sources recently said he was leaning towards the Senate race.

Loeffler herself hasn't said if she's interested in trying to reclaim her former seat, but her allies are very interested in relitigating last year's intra-party fight. "Doug getting in the race muddied all that up," argued party operative and Loeffler ally Eric Tanenblatt. "It created a primary in a general election and caused a split in the party."

Bluestein also reports that a few other Republicans are considering entering the Senate race: state Agriculture Commissioner Gary Black, Lt. Gov. Geoff Duncan, and former Ambassador to Luxembourg Randy Evans. None of this trio appears to have publicly expressed interest in this contest yet.

We'll turn now to the gubernatorial race. Both parties have long anticipated a rematch between 2018 Democratic nominee Stacey Abrams, who has not announced her plans but is universally expected to run again, and Kemp, but the governor has more immediate worries.

Donald Trump torched his old ally last year for not seeking to overturn Joe Biden's victory in Georgia's presidential contest, and Bluestein writes that Kemp's camp is preparing for a tough renomination fight. The AJC adds that one of the possible opponents that Kemp's side is keeping an eye on is Burt Jones, a wealthy state senator and co-captain of the University of Georgia's football team when they won the 2003 Sugar Bowl.

Jones does not appear to have talked publicly about taking on Kemp, and he seems far angrier at the state's number-two. Last month, the aforementioned Lt. Gov. Geoff Duncan stripped Jones and two other state senators of their committee chairmanships as punishment for trying to undermine the presidential results. Jones said shortly afterwards that Duncan's actions were "a cowardly way and kind of petty politics," and added, "What comes around goes around in this building."

Finally, Bluestein writes that state GOP leaders are "increasingly concerned" that the notorious Rep. Marjorie Taylor Greene could run for statewide office, which echoes a fear that national GOP operatives expressed to the New York Times last month. Greene herself has not said anything yet about a run for Senate, governor, or a different office, though that silence doesn't seem to be calming Republicans who fear she'd bring the Jenga tower crashing down on the party's ticket.

Senate

MO-Sen: In a Thursday appearance on the far-right Newsmax TV, former Gov. Eric Greitens did not rule out a GOP primary bid against Sen. Roy Blunt.

When the disgraced ex-governor was directly asked if he had "any interest in running for Senate someday" (the relevant portion begins at the 3:08 mark), Greitens did not answer the question, but he did take the time to trash his would-be opponent. Greitens castigated Blunt for "criticizing President Trump, criticizing his administration, embracing Joe Biden," and argued that the incumbent didn't reflect Missouri Republicans.

That same day, former Democratic state Sen. Scott Sifton filed paperwork with the FEC for a potential campaign for this seat, though he did not say anything publicly about his plans. Two years ago, Sifton told the media that he was preparing for a bid for governor, but he ultimately deferred to the eventual nominee, state Auditor Nicole Galloway.

OH-Sen: Team Red may be getting its first declared Senate candidate before long, as Jane Timken announced Friday that she was stepping down as chair of the state Republican Party and would reveal her future plans "in the coming weeks." Timken was elected to another term leading the party weeks before Sen. Rob Portman surprised everyone by announcing his retirement, and she soon expressed interest in running to succeed him.

PA-Sen, PA-Gov: What does Donald Trump's legal team for his second impeachment trial have to do with next year's races for Senate or governor of Pennsylvania? Everything―if you ask Montgomery County Commissioner Joe Gale, a Republican who seems to think one hiring decision is just about hurting him.

Gale told the Philadelphia Inquirer that Bruce Castor, a former Montgomery County commissioner who'd previously served as district attorney, had been brought on to defend Trump at the behest of "the Pennsylvania GOP swamp." Gale argued, "Political insiders are in panic-mode that I will run for Governor or U.S. Senate in 2022," and accused party leaders of "resurrecting" Castor to "offset my growing popularity." Castor himself was mentioned as a potential candidate for either statewide office after he signed on to help Trump, but he doesn't appear to have said anything about the idea yet.

Governors

FL-Gov: Democratic state Sen. Annette Taddeo recently told Politico that she was considering a bid against Republican Gov. Ron DeSantis. Taddeo, who is originally from Colombia, argued the party needed candidates who could appeal to Hispanic voters who swung hard towards Trump last year.

Taddeo herself was on the statewide ballot in 2014 as Democratic nominee Charlie Crist's running mate, but their ticket lost to Republican Gov. Rick Scott 48-47 during that year's GOP wave. Taddeo went on to lose a close primary for the 26th Congressional District, but she flipped a GOP-held state Senate seat in a closely-watched 2017 special election in the Miami area and was re-elected the following year.

A number of other Democrats are eyeing this race including now-Rep. Crist, who'd been elected to a single term as governor in 2006 when he was still a Republican. Crist also told Politico, "I am seriously considering at this point running for governor in 2022," a statement that came days after the congressman said he was merely "opening my brain to the idea a little bit more."

NY-Gov: Republican Rep. Tom Reed trashed Democratic Gov. Andrew Cuomo on Thursday, but the congressman refused to answer if he was considering a bid against the incumbent. New York hasn't elected a Republican to statewide office since George Pataki won his final term as governor in 2002, and Reed, who served as an honorary state chair of Donald Trump's 2020 campaign, would have a very difficult time breaking that streak.

House

GA-07: 2020 Republican nominee Rich McCormick recently sent out a fundraising email saying that he was considering a rematch against freshman Democratic Rep. Carolyn Bourdeaux next year. McCormick told his would-be donors that he expected GOP mapmakers to create "a Republican-favored district," adding, "We are following the process closely and should be in a good position to take back the seat and help take back the Congressional House Majority in 2022."

NY-22: On Friday, Judge Scott DelConte ordered county and state election authorities to certify Republican Claudia Tenney, who leads Democrat Anthony Brindisi by 109 votes, as the winner in the November contest. The legal battle is not over, though, as Brindisi's team said earlier in the day that they would be appealing DelConte's decision to reject several hundred ballots that they're seeking to have tabulated.

After exhibiting signs of integrity, Trump’s impeachment lawyers simply had to go

Donald Trump repels integrity of any kind. Anyone who exhibits even a smidge of it must be immediately stricken from his presence, which is exactly what happened this weekend with Trump's top impeachment lawyers.

Trump has been insisting that his impeachment defense center around the big lie that he won the election and it was stolen from him. Karl "Butch" Bowers Jr. and four other lawyers on Trump's defense team abruptly quit over the weekend because they refused to mount his defense on a gigantic lie, according to The Washington Post. Instead, they had pushed to make the case that trying a president who was no longer in office was unconstitutional, reinforcing an argument that most mainstream legal scholars reject but that was nonetheless embraced last week by the 45 GOP senators who voted against proceeding with the trial.

But the situation was clearly untenable. Trump simply can't function in a world where the reality is that he's a big loser. So any legal team that insists on a reality-based approach that instead focuses on constitutional arguments is automatically disqualified. Trump repels integrity. Always. 

"The former president repeatedly said he wanted to litigate the voter fraud allegations and the 2020 race — and was seeking a more public defense of his actions. Bowers told Trump he couldn’t mount the defense that Trump wanted," writes the Post.

That left Trump—who had struggled for weeks to find lawyers willing to defend him—without a defense team just over a week before his impeachment trial is set to begin on Feb. 9.

On Sunday evening, Trump's office announced two new lawyers as his defense team: Atlanta-based trial attorney David Schoen and Bruce Castor Jr., a former district attorney in Montgomery County, Pennsylvania. Schoen recently represented Trump bestie Roger Stone as he appealed his conviction for lying and obstructing a congressional investigation into 2016 election interference. The Post reports that Schoen was also in talks to represent convicted sex offender Jeffrey Epstein, who was facing sex trafficking charges just before his death inside a jail cell in 2019, so that gives us an idea of Schoen's typical clientele. It only makes sense that he would take on Trump, who has lived his life palling around with people like Stone and Epstein. Castor seems to be of a piece too. NBC reports that in 2005 Castor declined to pursue charges against Bill Cosby for a sexual encounter in 2004 that ultimately became the basis for Cosby's 2018 sexual assault conviction when a different prosecutor tried the case.

Only the best from Trump, who is clearly cooking up yet another lesson in depravity for America. 

Meanwhile, House Democrats have been working "round-the-clock" on an impeachment presentation designed to provide a gripping presentation of how Trump’s words and actions directly incited the Jan. 6 mob to action at the Capitol.