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.
Wednesday, Jan 29, 2020 · 6:20:04 PM +00:00 · Mark Sumner
And we’re underway with questions coming in from Senators, through John Roberts, and out to the legal teams.
And on the very first question, Trump’s legal team is already falling back on the position that even if he did it, Trump’s actions are not impeachable — and he’s even less impossible if there was a possibility that there was some other motivation for Trump’s actions.
Wednesday, Jan 29, 2020 · 6:20:48 PM +00:00 · Mark Sumner
And Trump’s team is, on question one, smearing Joe Biden. Because why not.
Wednesday, Jan 29, 2020 · 6:22:32 PM +00:00 · Mark Sumner
Trump’s team now arguing not that Trump actually had a valid motive, but there only has to be the possibility of a valid motive. Which is like saying it’s not that he killed the man in self-defense. It’s that self-defense is a thing so … case dismissed!
Wednesday, Jan 29, 2020 · 6:29:34 PM +00:00 · Mark Sumner
Schumer sends a question to the House managers asking about the claims that have been learned from Bolton’s book. Provides the House team a platform to argue for Bolton, Mulvaney, and other first-hand witnesses.
Schiff: “There’s no way to have a trial without witnesses.”
Schiff uses the question to also flip the script on the previous response from the Trump team, then goes back to the restaurant conversation between Trump and Sondland. Shows that Trump asked about investigations, not “burden sharing” who would be the perfect to talk about with the ambassador to the EU.
Schiff: “Don’t wait till the book. Don’t want till March 17 then it’s in black and white.”
Schiff shows a video of Cipollone saying “Who doesn’t want to talk about the facts, impeachment shouldn’t be a shell game.” This question and answer session is going to be brutal.
Wednesday, Jan 29, 2020 · 6:31:18 PM +00:00 · Mark Sumner
And the next question to Trump’s team: “Would you please address the assertions that the House managers made in the response to the previous question.”
These people are going to go at it hammer and tongs.
Wednesday, Jan 29, 2020 · 6:34:51 PM +00:00 · Mark Sumner
Pat Philbin denies Mulvaney’s press conference statement by referencing his post press-conference lawyer-written statement retracting his press conference statement.
Philbin makes the claim that House “didn’t even try” to get Bolton’s testimony, and that asking Senate to have witnesses would cause things to drag on for months … because Trump would ask for witnesses.
Wednesday, Jan 29, 2020 · 6:39:45 PM +00:00 · Mark Sumner
Next question to the House managers hammers exactly the point that Philbin just lobbed “did the House ask Bolton to testify.”
Schiff: “Senators, the answer is yes, of course the House asked John Bolton to testify.” Walks through the steps: asked Bolton, he refused. Asked Kupperman, he refused. Asked Hill, she agreed. Asked Vindman, he agreed. Subpoenaed Kupperman, he sued. Bolton made it clear he would also sue. Schiff shows the argument being made in court that the House has no standing to sue for testimony.
Schiff: “It takes your breath away, the duplicity. …. They can no longer contest the fact. So now they have fallen back on … a constitutional fringe power that a president can abuse his power with impunity.”
Wednesday, Jan 29, 2020 · 6:41:15 PM +00:00 · Mark Sumner
Schiff points at the acceptance of abuse of power as “the biggest danger of all.”
Wednesday, Jan 29, 2020 · 6:44:59 PM +00:00 · Mark Sumner
Stack of Republicans give the Trump team another chance to Trump-splain what the House is asking for, rather than asking the House team.
Philbin standing up again to defend the Trump team position. Despite his deputy assistant position, it seems that Philbin is the only one on Trump’s team who is capable of making a defense of their case. Defense in this case meaning to defend Dershowitz’s idea of what is allowed in impeachment.
Wednesday, Jan 29, 2020 · 6:50:48 PM +00:00 · Mark Sumner
Question from Feinstein on links between military assistance and investigations.
Jason Crow answers that there is overwhelming evidence, despite the earlier attempt to dismiss the press conference statements, Crow points directly at Mulvaney. Crow also notes that the “no quid pro quo” conversation that Republicans love, also includes Trump telling Sondland to get Zelensky to a microphone and make him announce the investigations.
Crow points out, again, the people who should have been involved in any other motive were not informed of any other reason for Trump’s actions.
Wednesday, Jan 29, 2020 · 6:54:08 PM +00:00 · Mark Sumner
A softball to the Trump team “isn’t it Trump’s place to set foreign policy instead of a bunch of deep state bureaucrats who only want to see America be France West?”
Possible that I made up everything in that question after the word “instead.” But it was accurate to the spirit. And Philbin is sticking with that spirit by talking about those “unelected” staffers who don’t answer to the people. And then Philbin tries to define the House case as supporting staffers over Trump.
Wednesday, Jan 29, 2020 · 6:56:21 PM +00:00 · Meteor Blades
Romney's #2 is quite the twist. If Trump did have a personal political purpose withholding the aid but he also had national interest purposes, should he be removed? I believe that is the serial-killers- aren't-serial-killers-24/7 defense argument.
Wednesday, Jan 29, 2020 · 7:01:09 PM +00:00
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Mark Sumner
So far Democrats have asked questions of only the House managers and the Republicans have only asked the Trump team. No one has tried to throw the other side a fastball.
Shaheen provides the opportunity to talk again on the subject of criminal law vs. impeachable offense, offering a set of other abuses of power that Trump might undertake.
Sylvia Garcia takes the answer, pointing out that such claims have already been dealt with in both the impeachment of Bill Clinton and impeachment inquiry of Richard Nixon. All this discussion of what is impeachable may be esoteric … but it’s all Republicans have left.
With the Bolton revelations, all discussion of Trump’s guilt is just time-filler created for an audience of one.
Wednesday, Jan 29, 2020 · 7:08:09 PM +00:00
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Mark Sumner
A question for both sides! And it’s from Cornyn and Blackburn, so you know it’s going to be loopy… “Why did the House not challenge Trump’s claims of executive privilege or immunity” Hmm, surprisingly reasonable, except that they’ve clearly worked this out for the Trump team to have a final word.
Hakeem Jeffries answers that Trump never claimed privilege, but make only “blanket defiance.”
Philbin responds by saying as it has before, that the White House gets to define how the House conducts impeachments. So it didn’t have to talk.
Philbin seems like he’s going to take everything from the Trump side. Or maybe just everything that regards a matter of law. Cipollone or Sekulow may be waiting for more rant-worthy topics.
Wednesday, Jan 29, 2020 · 7:11:45 PM +00:00
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Mark Sumner
Next question concerns the idea that the aid was released on time and hits the Trump was better to Ukraine than Obama idea.
Val Demings responds on the cost to Ukraine of this fight. Demings says “it took the work of some senators in this room” to keep the aid available to Ukraine.
Some Democrat needs to ask Trump’s team how much more Europe contributed to Ukraine over July and August to satisfy Trump’s concerns about Burden sharing. And what meetings were held with European leaders on that topic.