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World Trump’s Lawyers Lost the Day

03:01  10 february  2021
03:01  10 february  2021 Source:   theatlantic.com

Trump parts ways with impeachment lawyers: Reports

  Trump parts ways with impeachment lawyers: Reports Defence team reportedly quits over strategy after the former US president insisted he was the victim of election fraud.Butch Bowers and Deborah Barberi, two South Carolina lawyers, are no longer on Trump’s team in a move described a “mutual decision”, sources told The Associated Press and Reuters news agencies.

Capping it all off, Trump ’ s personal lawyer Rudolph W. Giuliani appeared in court for the first time in decades in what wound up being a losing effort that drew a harsh rebuke from the judge. Below is a timeline of the drama on Trump ’ s legal team. Nov. 8: Snell & Wilmer, the largest law firm representing the 22: The Trump campaign suddenly announces Powell is not part of its legal team. The move comes eight days after it introduced her as part of the team and three days after she appeared at a news conference with Giuliani in which she alleged a communist plot to rig the election and suggested

President Trump and his lawyers are engaged in a spectacle that would be funny if it weren’t so dangerous, and if the stakes weren’t so high. Rudolph W. Giuliani, the president’ s personal lawyer , arriving at a news conference where he went on to unleash conspiracy theories and unfounded fraud claims on Thursday in Washington.Credit Erin Schaff/The New York Times. WASHINGTON — President Trump , who said there would be so much winning in his White House that Americans would grow tired of it, is of a different mind-set these days . He is not, apparently, tired of losing .

“The mob was fed lies. They were provoked by the president and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like.”

a man wearing a suit and tie standing in front of a building © Andrew Harnik / Getty

That’s what Republican Senate Leader Mitch McConnell had to say on January 21. McConnell did not rise to the leadership of the Senate Republicans by speaking idly. If he feels that Donald Trump incited a riot with the specific purpose of thwarting the 2020 election, so do many other Republican senators as well.

That belief is the danger facing Trump at this impeachment trial. Here is his opportunity: Those same Republican senators who know Trump is guilty also desperately wish to avoid convicting him. They are looking for an escape route—and that’s what today’s proceedings were intended to provide those queasy senators.

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The Trump campaign’ s lawyer in Arizona confessed that, again contrary to Trump ’ s tweets, he was “not alleging that anyone was stealing the election.” He simply didn’t have any facts to substantiate that assertion. In Michigan, campaign lawyers couldn’t show evidence that GOP observers were hindered in More than two dozen suits filed by the president or his supporters have been withdrawn or thrown out. On one day , Nov. 13, Trump ’ s campaign lost or dropped nine cases. The Democratic election lawyer Marc Elias, who has been involved in opposing Trump ’ s litigation in several states, crowed on

Lawyers for the Trump Organization have said in court documents that they believe New York Attorney General Letitia James is politically motivated, and they initially tried to push off Eric Trump ' s deposition until after Election Day , but a judge rejected that request. The state lawyers , who have said they are not coordinating If Trump is not reelected, he will lose the deference that courts have given to sitting presidents, opening the floodgates for many lawsuits. The state attorneys general of Washington, DC, and Maryland sued the President in 2017, alleging he corruptly profited off his position by placing his

The intended escape route was the argument advanced by Trump’s lawyers in their briefs: that the Constitution does not authorize the Senate to hear impeachments of former officials. Once an official resigns or once that official’s term expires, they say, impeachment expires too.

Senator Rand Paul moved a vote on that claim on January 26. The vote lost 55–45, with five Republicans joining the majority, but 45 senators would more than suffice to protect Trump from conviction. The route was mapped. Today, on the first day of the formal proceedings, Trump’s lawyers were supposed to organize the exit.

Only Trump’s lawyers messed up. Trump’s lawyers badly, badly messed up, humiliatingly messed up, world-historically messed up. They delivered two of the worst speeches ever delivered on the Senate floor—one vapid and meandering, the other belligerent and self-contradictory.

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Another Trump lawyer , Jonathan S. Goldstein, was also grilled by a Pennsylvania judge this week. Under questioning, he acknowledged that, contrary to Trump ’ s claims about rampant voter fraud, he wasn’t alleging fraud in the 592 ballots he sought to disqualify in Montgomery County, Pa. The Trump campaign also sought to temporarily stop counting some ballots in Detroit. It cited a GOP poll watcher who had said she had been told by an unidentified person that late mail ballots were being predated to before Election Day , so they would be considered valid.

A legal scholar cited by Donald Trump ' s lawyers in arguing that it is unconstitutional to have an impeachment trial for a former president said Trump ' s defense team misrepresented his work "quite badly." Michigan State University law professor Brian Kalt told Reuters in an email that his research was "definitely not" accurately described in a 78-page document filed by Trump ' s lawyers on Monday, the day before his second impeachment trial begins.

The quality of the speeches won’t make any difference to the outcome of the trial. The senators who will vote to acquit Trump are not voting because they are convinced of his innocence. They are voting because they are scared. And it will take more than an ill-prepared and ill-mannered legal team to unscare them.

But the quality of the speeches makes a difference in another respect. It’s not just Trump—and not even primarily Trump—who is on trial in the Senate this week. The partisans who enabled Trump are facing a trial of their own. What they desperately crave is a face-saving excuse for one final round of enabling.

The stupid slovenliness of the Trump legal team today, though, threatened to deprive senators of that face-saving excuse. As he so often has, Trump is making Republicans in Congress eat dirt, and eat their dirt without even the seasoning of plausible believability. It’s raw, dry dirt—pure in all its dirtiness.

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Lawyers for former President Trump criticized the impeachment case against him as “political theater” in their final brief before the beginning of the Senate trial Tuesday. In the 78-page brief filed Monday, Trump ’ s lawyers David Schoen and Bruce Castor argued that the case is unconstitutional because Trump is no longer in office, and therefore, it must be dismissed. "The article of impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal," the attorneys wrote in the brief.

President Donald Trump and his allies have filed dozens of lawsuits across the country in an attempt to contest the election results. Most of them have been shot down or withdrawn, and no court has found even a single instance of fraud. Trump has aggressively ramped up his allegations of election fraud in the weeks since his projected loss, tweeting dozens of debunked theories. Despite the Electoral College vote this week certifying Biden' s victory, Trump has still not conceded. Just five cases remain active as of Dec.


Gallery: 6 Republicans broke ranks and voted with Democrats to declare Trump's impeachment trial constitutional after the first day (Business Insider)

Donald Trump wearing a suit and tie:  Trump's Senate impeachment trial starts Tuesday afternoon. He was impeached on a charge of incitement of insurrection over the January 6 Capitol siege. Scroll down to watch the trial and follow Insider's live coverage. Visit the Business section of Insider for more stories. Former President Donald Trump's impeachment trial will kick off on Tuesday as the Senate weighs whether to convict him on a charge of incitement of insurrection. The first order of business: a debate over the constitutionality of holding an impeachment trial in the first place.Watch the trial below:The House of Representatives impeached Trump last month over his actions related to the deadly Capitol siege on January 6, as Congress was preparing to formalize President Joe Biden's victory in the 2020 US election.The article of impeachment accused Trump of having

Trump’s lawyers needed to hammer home the argument that when Trump’s presidency expired, so did the House impeachment. They needed to argue that the Senate cannot try—much less convict—an ex-president.

On their way to that argument, Trump’s legal team faced a number of bumps. The bumpiest bump of them all is a precedent from the Ulysses S. Grant administration. Grant’s secretary of war, William Belknap, was accused of corruption. Belknap resigned; the House impeached him anyway. The Senate debated whether a trial could proceed against a former official—and ultimately decided that it could. Belknap was not convicted in the Senate. But the precedent established in 1876 would seem to apply to Trump in 2020, and to apply all the more strongly, given that Belknap had resigned before the House impeached him, whereas Trump was still in office when he was impeached this second time.

The Trump team’s approach to the Belknap precedent can be summed up as: “Belknap? Bel-who?” His name and case went unmentioned by either of Trump’s lawyers on the very day designated for dealing with the precedent Belknap bequeathed them. Trump’s first counsel, Bruce Castor, seemed lost in vapors of his own making. But Trump’s second and more lucid lawyer, David Schoen, seemed almost belligerent in his refusal to deal with the Belknap precedent. Schoen insisted again and again that a post-term impeachment trial was illegal, unconstitutional, immoral, unprofessional, ultra vires, and possibly even ultraviolet—and yet never once mentioned that one such trial had already happened and been accepted by the Senate at the time as valid. Can you just close your eyes and clap your hands for Tinkerbell to make that precedent go away? Yes, said Team Trump.

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Meanwhile, the House managers presented a learned case, based in history, establishing that the authors of the state and federal constitutions of the 1780s agreed that an impeachment begun when an official held office could be continued if it was not yet finished before that official left. The House managers quoted the debate over Belknap, and other precedents, all underscoring the words of former President John Quincy Adams: “I hold myself, so long as I have the breath of life in my body, amenable to impeachment by this House for everything I did during the time I held any public office.”

When today’s passions subside, and the law professors of the future review the record, the decision will be unanimous that the House managers easily won the day—if only because the Trump team acted as if it did not know what day it was.

From the point of view of vote counting, the Trump team’s ineptitude will not much matter. Most Republicans in the Senate will vote for anything to protect Trump; only one, Bill Cassidy of Louisiana, switched his vote to affirm that a former president could be tried, joining the five other Republican senators who had voted that way on the earlier measure.

From other points of view, however, the Trump team’s ineptitude will matter very much. Almost no matter what happens in the trial, at least 34 Republicans will vote to acquit Trump, but most would prefer not to look like utter hacks and fools in the process. Give us something to make our votes look decent, they must wish—but their wish today was refused.

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  Disputing Donald Trump Trial Constitutionality Helps Senate GOP Deflect Tougher Questions The former president's second Senate impeachment trial is underway, focused on his actions surrounding the events of January 6.On the first day of proceedings, senators voted on whether it was constitutional to try Trump now he is no longer in office—with only six Republicans from the upper chamber voting to move forward with the trial.

In humiliating themselves, Trump’s lawyers humiliated the senators who will ultimately have to approve of their work and adopt it as their own point of view.

The goal of McConnell and the other less Trump-y Senate Republicans is to begin at once to put maximum distance between themselves and the least popular one-term president in the history of polling. Trump cost his party its majority in the House in 2018, its hold on the presidency in November 2020, and its majority in the Senate in January 2021. Trump was unpopular through his presidency, and he is becoming more unpopular in retrospect as the Biden administration manages the pandemic better than Trump did. Trump’s unpopularity explains why senators such as Marco Rubio express such resentment and bitterness at being entrapped into defending him.

But Trump won’t allow himself to be distanced. His team’s sorry defense at the impeachment trial binds Republican senators more closely to Trump. The constitutional argument promised by Trump’s advocates was smashed to pieces by the superior argument and evidence of the House managers.

Having lost that round, Trump’s lawyers and the Republican senators must now confront the actual damning proof of Trump’s culpability for the attack on the Capitol January 6. They will try to close their eyes to that too. But the 56 percent majority that wants Trump convicted—that majority of the country will see it all.

What’s next for the MAGA merchants of Etsy? More Trump. .
While the former president has been banned from Shopify, independent sellers are still pushing Trump gear.The former president looks as he did during his time in the White House, sticking out like a sore thumb among the other presidents, though Babin has equipped him with a slightly sharper chin and a stout, flattop-like haircut. “Originally it was a gift idea for my boss,” he tells me, over Etsy’s messaging platform. “He sent a picture [of the sculpture] to a few of his friends and all of a sudden I had 20 orders.

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This is interesting!