Clashes Continue in Trial on Wednesday, GOP Holds Advantage

By David Kamioner | January 30, 2020

The mood was legal yet the elements of fiery controversy were there on Wednesday during the Democrat Combover Festival and Senate impeachment trial of President Trump.

Most GOP questions were handled by attorney Patrick Philbin. But Alan Dershowitz, Pat Cipollone, Pam Bondi and Jay Sekulow also got their turn at bat. The Democrats inexplicably continued to go with the hard on the ear team of Nadler and Schiff, relegating better litigators like Jeffries and Crow to the general sidelines for most of the day.

The Democrats also continued to let the unintentionally comic Val Demings take the podium. She is so inarticulate that her time on camera has become the designated bathroom break time for Democrat and GOP Hill staffers alike.

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Other developments were as follows:

  • The questions from the senators were mostly contrived set ups to their own party’s lawyers. When they addressed the other side the questions became increasingly aggressive as the day wore on.
  • Supposed swing vote GOP Senator Susan Collins of Maine was seen to be visibly upset at Democrat insults to her and other senators. The Democrats are pushing her towards acquittal.
  • GOP Senator Rand Paul had a question thrown back at him by Chief Justice John Roberts when Paul named Eric Ciaramella as the informer. More details on that in a following article.
  • The Democrats focused on Bolton. Yet the GOP, and you will be sure to hear of this today, unearthed videos where Bolton states there was nothing amiss with the president’s communications with the Ukrainians.
  • A constant GOP theme during the day was that policy or political differences are not sufficient to meet the standard of impeachment set forth by the Founders.The Democrats countered with their usual “big lie” strategy of ignoring reality and focusing on their fictional talking points. Schiff even revisited his old trick of making up lines he then insinuates were the president’s real meanings.
  • The Democrats stoked the fire on their love affair with the hapless Lt. Colonel “Flounder” Vindman, even though his was perhaps the worst and most discredited testimony during the House hearings.
  • Jay Sekulow showcased the poison pill defense, as we predicted. He said he would call both Bidens, Schiff, and Ciaramella to the stand, at the very least, if the Senate voted for witnesses.

RELATED: Alan Dershowitz Hits Back at Elizabeth Warren

  • The New York-California Axis was on display during the Democrat presentations, as the leftist party can’t seem to find very many legal acolytes or elected supporters much distant from the Big Rotten Apple or the Left Coast.
  • Swing vote possibility Democrat Senator John Tester, given the nature of a question he sent to the Chief Justice for the Democrat House managers, may be leaning against the president.

More to follow…

This piece originally appeared in LifeZette and is used by permission.

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Three Dems Balking at Impeachment

By David Kamioner | January 29, 2020

The last news cycle was all about GOP rebels on the witness question. But three Democrat senators, Sinema, Manchin, and Jones, are also publicly saying, or letting be known through staff leaks, that they are thinking of voting to acquit the president on one or both of the articles of impeachment before the Senate.

Regardless of witnesses or not, the GOP will likely lose 2-3 out of 53 on the votes to acquit or convict. If three Democrats break ranks it could give the GOP 52-53 for the president.

The Democrats need 67 to win. Right now and likely ahead, that is a very far away number for them.

RELATED: Senate Impeachment Trial Moves Coming Fast and Furious, Biden Livid

The telegenic Kyrsten Sinema has played it smart so far during her time in the Senate. She has a reputation as a reasonable moderate that is playing well in light red Arizona, a state that used to be deep red in its Goldwater days. If she cut the baby in half and voted to acquit on one article and guilty on the other it keeps her moderate creds and gets nobody too ticked at her.

Joe Manchin of West Virginia has been courted by the GOP to switch parties for years. On energy and cultural issues he votes GOP. On other issues he votes with Trump about a third of the time. He’s got better GOP loyalty numbers than some northeast U.S. GOP members of the House.

He is saying, and his office is spreading it loud and wide, that he could vote for the president on both articles. He could be doing this to leverage a price from the Democrats for staying in their column or doing the same with the GOP for voting to acquit. West Virginia is a deep red state, one of the deepest red in the nation. Manchin thus knows how his constituents would feel if he abandoned the president.

Though, he still has to think of his Democrat base in WV. At least, what remains of it that isn’t already supporting Trump.

RELATED: GOP Brings Out Three Big Guns in Senate Trial of Trump

Doug Jones in deep red Alabama cannot afford to vote to convict the president on impeachment and hope to stand a chance at reelection this year. He was elected on a fluke and would lose in a landslide. He is the most likely vote for the president on both counts.

The only thing that could give him pause would be the thought that he will probably lose in the fall anyway, why not vote against Trump now and hope Democrats will reward him for services when he is out of office.

That is typically how it is done in DC.

This piece originally appeared in LifeZette and is used by permission.

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The post Three Dems Balking at Impeachment appeared first on The Political Insider.

Senate Impeachment Trial Moves Coming Fast and Furious, Biden Livid

By David Kamioner | January 29, 2020

Since the gavel went down in the Senate Tuesday afternoon the Hill has been abuzz with activity, plots, and counterplots. Here are the latest developments:

  • The Biden campaign is hopping mad with House managers and the Democrat Senate for possibly setting up a scenario where Joe Biden or his son Hunter would have to testify at the impeachment trial of President Trump.They know what it would do to their poll numbers and they have seen that Hunter is notoriously bad under pressure. His recent personal issues also do not play well with women. The Biden effort is putting tremendous pressure on Democrats not to permit witnesses at all, arguing that the numbers are just not there to remove Trump, why drag down Biden in a losing cause?

RELATED: GOP Brings Out Three Big Guns in Senate Trial of Trump

  • Word out of Senate Majority Leader Mitch McConnell’s office is that they may try a poison pill defense on witnesses. Oh sure, we’ll have witnesses, they say.And every one will be one the Democrats don’t want on the stand. Not only the Bidens, but Ciaramella, Comey, Brennan, Holder, Schiff, Nadler, and maybe even Hillary or Obama. With that prospect, they think the Democrats will think twice about witnesses.
  • Also, if witnesses are to be called, plots the McConnell office, they will be called at the same ratio they were called in the House. So, the GOP would have four witnesses to every one Democrat witness. Another poison pill gambit.
  • The White House may try to block any Bolton testimony by exerting executive privilege and then watch it play out in the courts. Bolton could testify anyway, but he may not want to go though the legal headaches of doing it.

RELATED: Bolton Manuscript Leaked, Romney and Collins May Vote Against the President

  • Internal GOP polling numbers say this process is helping them with swing voters, as the swings cannot believe the Democrats are blindly defending the Bidens when the evidence of corruption on Burisma and other issues is so overwhelming.
  • Rumor is that Senators Warren and Sanders have grown happy with the trial and the effect it is having on the Biden campaign. They want the trial to end, but not too quickly.

Correction: In a recent piece we stated “54 Republicans” are in favor of witnesses being called. There are only 53 Republicans in the Senate. It should have read “54 senators”. Mea culpa- DK

This piece originally appeared in LifeZette and is used by permission.

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GOP Trial Defense Team Wraps Up, Scores Big

By David Kamioner | January 28, 2020

Tuesday, the last day of the GOP case to the Senate in defense of President Trump, was marked by scholarly analysis and low key appeals to basic integrity by presidential attorneys Pat Cipollone, Patrick Philbin, and Jay Sekulow.

Philbin led off the day, after an intro by Cipollone, expounding on points made Monday by Alan Dershowitz. He specifically warned of the expansive nature and vague context of the “abuse of power” impeachment charge against the president, likening it to a Bill of Attainder.

That kind of bill, legislation targeting a single individual, was prohibited by the Founders in Article I, Section 9 of the Constitution.

RELATED: Toomey Proposes One Witness Deal in Senate Trial

The podium was then taken by Jay Sekulow who, eschewing his usual tough manner, moderately emphasized that elections, not impeachments, are the proper way to change presidents in this nation.

He did castigate Democrat manager Jerry Nadler for referring to executive privilege as “other nonsense.” In warning of Nadler’s attitude and impeachment itself, Sekulow oddly channeled the robot from “Lost in Space” as he intoned “danger, danger, danger” more than once.

Will Robinson could not be reached for comment.

Pat Cipollone concluded the active defense case with a subtle, yet hard-hitting, strike against the Democrats by playing videos showcasing their own words from the Clinton impeachment against them.

Nadler, Lofgren, and even Chuck Schumer had to sit there mortified while their on-screen selves from over 20 years ago warned against partisan impeachment and the negative future effects of it on the nation and the presidency.

RELATED: GOP Brings Out Three Big Guns in Senate Trial of Trump

Schumer even predicted then that Democrats would want “payback” in the future and would unfairly target a GOP president.

Upon seeing that, Cipollone simply responded, “You were right.”

Pat Cipollone closed with a sincere appeal to the Senate, “It is time for this to end here and now.” His manner and tone were agreeable, even gentle, as he asked the 100 members of the U.S. Senate to look to the better angels of their natures and defend the Constitution by rejecting these articles of impeachment. His pitch seemed to be convincing and effective, as opposed to the bombast of the Democrat legal team.

The Senate reconvenes Wednesday at 1pm to begin two days of senatorial questions to opposing legal teams. Chief Justice Roberts asked that responses be brief.

Whether the legal teams will act as such remains to be seen.

This piece originally appeared in LifeZette and is used by permission.

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Toomey Proposes One Witness Deal in Senate Trial

By David Kamioner | January 28, 2020

Pennsylvania GOP Senator Pat Toomey, a Trump supporter but not particularly close to the White House, is reportedly floating a plan that would permit the Democrats and the Trump defense team one witness each during the impeachment trial of President Trump in the Senate.

He bills it as a compromise that would limit the time spent on witnesses and would avoid a potential Trump loss on the question when it comes up soon to a Senate vote.

The vote could be won with a simple majority of 51 and several Senators out of the 53 member GOP caucus, to include Alexander, Collins, Romney, Murkowski, McSally, and Gardner, are said to be thinking about supporting the current Democrat proposal for unlimited witnesses.

RELATED: GOP Brings Out Three Big Guns in Senate Trial of Trump

The Democrats would need four GOP turncoats to win that vote.

Collins, McSally, and Gardner are up for reelection this year in light red to purple states and they may be thinking they need to vote for the Democrat measure to keep swing and moderate support. Toomey believes this gambit will keep them and the other possible rebels on board.

LifeZette has learned that Toomey has spoken directly with Romney and Collins on the issue and they have not shot it down out of hand.

Who would those witnesses be?

According to Capitol Hill staffers on both sides of the aisle the Democrats would go with John Bolton and the GOP defense team is leaning towards informer Eric Ciaramella or Adam Schiff.

If Bolton testified against Trump and said the president directly linked Ukrainian military aid to a political hit on Biden it would mark the greatest case of political betrayal DC has seen in a while. It would also be the Fort Sumter in outright political warfare between the Warhawk and America First wings of the GOP.

RELATED: Bolton Manuscript Leaked, Romney and Collins May Vote Against the President

Putting Ciaramella on the stand could expose his partisan nature and his lack of direct knowledge of everything he alleges, thus undercutting the entire Democrat case.

Watching Schiff squirm under cross examination from Jay Sekulow, Eric Herschmann, or, please God, Alan Dershowitz, would not only be spiritually satisfying on the order of a Bach High Mass but would set forth the firm case that the entire House process was a sham from the beginning.

Witnesses would also add to the drama of the proceeding and the media feeding would only get more frenzied.

The vote on the issue could happen this week.

This piece originally appeared in LifeZette and is used by permission.

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GOP Brings Out Three Big Guns in Senate Trial of Trump

By David Kamioner | January 28, 2020

Monday was a banner day for the GOP in the Senate impeachment trial of President Donald Trump as three members of the Republican legal team, even by some liberal estimations, ran circles around the Democrat case for removal of the president.

Pam Bondi handled the myriad legitimate allegations against Joe and Hunter Biden. Eric Herschmann focused on the massive double standard being applied against Trump in this case.

Batting cleanup the famed Alan Dershowitz engaged in a historical tour de force and urged senators, some of them his former students, to rise above partisan concerns and do what is right for the country. Clinton impeachment figure Ken Starr also spoke for the defense, as did Patrick Philbin.

The low key Starr made a workmanlike appeal against a partisan impeachment, using his work in and knowledge of the Clinton drama to make his case.

RELATED: Bolton Manuscript Leaked, Romney and Collins May Vote Against the President

Then it was Bondi’s turn and the extremely telegenic former Florida Attorney General point by point laid out the corruption at the heart of the Burisma affair. She detailed how the cozy relationship between the then veep’s son and other scions of wealth and power enabled Hunter Biden to leverage his status into a position he was completely unqualified for with Burisma. By the end of her time at the podium she had eviscerated both Bidens.

This was bound to happen when the Democrats opened the door to this line of attack on Friday.

Bondi will be heard from again on the national scene.

She was followed by the powerful arguments of Eric Herschmann, who launched a devastating strike on the double standards involved in the Trump impeachment. He showed graphic evidence of past misdeeds by Democrat presidents, most notably the infamous Obama hot mike moment with Russian leader Medvedev, that rose to the level of impeachment. Yet Democrats never uttered a peep about those. Fancy that.

Herschmann made a point of using the Democrat’s own words against them and when he was done their obvious hypocrisy was laid bare.

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Alan Dershowitz then made the day’s final detailed presentation. Dershowitz used his brilliant knowledge of history and impressive courtroom manner to nail down the historical precedent against impeachment.

Citing the vague nature of the charges against the president, he noted that the Founders had made the bar for impeachment high, lest the president, as in the British parliamentary model, serve at the will of the lower house and be subject to removal from office by a virtual vote of no confidence.

At the day wrapped up, many noted the last day of the GOP case on Tuesday looks to be the finale of a very good defense for the president.

This piece originally appeared in LifeZette and is used by permission.

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DEVELOPING: More GOP Senators Could Defect in Impeachment Trial

By David Kamioner | January 27, 2020

Respected political analyst Dr. Tim Blessing of Alvernia College in Pennsylvania has had a look at the Senate GOP caucus and how they may vote on witnesses in the impeachment trial.

“I did a count Friday night. The following are GOP Senators who have publicly left some air in their positions as per witnesses: Murkowski, Gardner, Ernst (though she appears to have walked hers back), Collins, Tillis (who also might be rethinking things), Portman, Inhofe (a bit of a surprise), Lankford (also a bit of a surprise), Toomey (who is quietly moving to a center position–but he cannot be re-elected if he does so), Alexander, Enzi, and Romney. I have no idea what Cruz is doing. If we get down in the weeds, some of these folks could switch.”

It’s a majority vote and current projections show that the Democrats only need to flip four GOP Senators in order to get witnesses.

If Dr. Blessing is right and witnesses are called to testify in the impeachment trial, this becomes an entirely different ordeal and one that could go in very strange directions.

LifeZette will provide additional updates as more information becomes available.

This piece originally appeared in LifeZette and is used by permission.

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The post DEVELOPING: More GOP Senators Could Defect in Impeachment Trial appeared first on The Political Insider.

Bolton Manuscript Leaked, Romney and Collins May Vote Against the President

By David Kamioner | January 27, 2020

Reports out of DC, on the heels of the selective leaking of John Bolton’s new book, is that Republican Senators Mitt Romney of Utah and Susan Collins of Maine are likely to go south on the GOP trial process and vote to bring in witnesses.

If that happens the trial won’t be over by late this week/early next week. It could go on for weeks. If the duo votes against the president’s trial agenda the Dems would still need two more votes to win on the subject. They are targeting GOP Senators Lisa Murkowski of Alaska and Lamar Alexander of Tennessee.

The pressure to vote for witnesses was ratcheted up over the weekend with leaks from John Bolton’s new book that claim that the president directly told Bolton that the delay in military aid to Ukraine was tied to Biden.

RELATED: Trump Defense Goes for Broke on Monday

Bolton is using the same team and strategy as has James Comey and the leak was coordinated to coincide with the impeachment trial, a vote on witnesses and, most importantly to Bolton, the availability to preorder his book online.

But bringing on witnesses is a two-edged sword for the Dems. Yes, the Dems may get Bolton. But the GOP could call Joe Biden, Hunter Biden, Adam Schiff, and Eric Ciaramella. As spiritually satisfying at it would be to watch Jay Sekulow munch on their still warm legal carcasses for lunch, the sooner this charade is over is the sooner the president can get back to undistracted work and the Congress can get back to whatever it does on a daily basis aside from fundraisers and hitting on lobbyists.

Bolton’s move can not only be seen as revenge for being fired by Trump, but as another chapter in the intramural GOP fight over a Cold War national security stance or the America First approach of the president.

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If Collins and Murkowski vote for witnesses it is likely to throw some meat to their moderate supporters. Alexander is a lame duck and can vote the way he chooses without electoral repercussions.

Though if he desires an appointment in a second Trump administration this would not be the way to get it. And then there’s Mittens.

This would be a way for him to play to the press and shiv Trump at the same time. Given Romney’s notorious sanctimony and ego, it may be a temptation he is unable to resist.

This piece originally appeared in LifeZette and is used by permission.

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The post Bolton Manuscript Leaked, Romney and Collins May Vote Against the President appeared first on The Political Insider.

Trump Defense Goes for Broke on Monday

By David Kamioner | January 27, 2020

Saturday saw the Trump defense team embarrass the Democrat House managers. With a carefully devised message and personality calibration they laid out their case in a concise yet powerful manner.

But Jay Sekulow, the Trump attack dog, said Saturday was but a mere preview. That sets a serious expectation level. What’s the movie going to look like? Here are some possible PR and legal scenarios.

The kitchen sink- The Democrats want it? They get it. After bringing up Hunter Biden and his dad repeatedly on Friday the Democrats have left the door open for the GOP team to walk right through it. Is it a trap? Will they pull a Battle of Cowpens? Unlikely.

It very well could be an invitation from the hard left of the Democrat party to do their dirty work for them and implicate Biden just before the Iowa caucuses.

RELATED: CNN Admits Trump Legal Team Success, But Argues a Lack of Diversity

Just as there are those who say the Pelosi delay was an effort to help Biden by keeping Sanders and Warren out of Iowa close to the election. Either way, Team Trump has said they’re going for it and the possible consequences are devastating for the Democrat legal team.

It will not be too hard to prove that this impeachment effort is but a distraction operation to set aside notice from a myriad number of Democrat scandals, the Bidens among them.

There is no there, there- Pat Cipollone’s team has already shown us this in an entertaining trailer. The main feature looks quite popcorn worthy. The basic premise is, where’s the crime? A phone call? A missed meeting? As Mike Purpura said, “There can’t be a quid pro quo without a quo.”

They could expose the big lie behind the entire Democrat case, that this is a political operation and not a legal argument. It is an attempt to refight the 2016 election by way of impeachment and Senate trial.

It will likely have the same outcome as that election: Donald Trump is the president.

RELATED: Poll Gives Trump Best Economic Rating in Almost Twenty Years

Where is the victim? – If the Ukrainians say they felt no pressure and they didn’t even know about the defense aid delay during the time in question, just who exactly was victimized?

These and other gambits will be featured on Monday by Team Trump. It promises to be a good day for the president’s defense.

This piece originally appeared in LifeZette and is used by permission.

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The post Trump Defense Goes for Broke on Monday appeared first on The Political Insider.