I'm not sure how that logic works.
I was right. "Lawyer" starts out with name-calling and an insistence that trial is "unconstitutional". He's saying Trump's 1/6 speech was rather bland, and pretending that was the only thing the House managers talked about, and the managers were "slanderous."
Bilious bullshit.
Trump's "lawyers" won't offer any sort of defense.
— DCPetterson (@dcpetterson) February 12, 2021
They will distract, deflect, distort and dissemble.
They'll engage in whataboutism and name-calling.
They'll call the trial "unconstitutional," even though the Senate decided it wasn't.
They won't engage with the facts.
I'm not sure how that logic works.
https://t.co/IKpBkDzahB
Trump's "lawyers" have said they only need one day (tomorrow) to defend Trump.
— DCPetterson (@dcpetterson) February 11, 2021
My guesses for what they'll do:
Distract, lie, distort, and deflect.
1/11
Of course, he also referred to "incitement to resurrection," so it's hard to say.
There is no "due process" consideration in either a grand jury or a House Impeachment. That's not how it works. It's like saying you can't checkmate someone in chess without holding a straight flush.
https://t.co/KyCcL1HyOK
Schoen is pretending courtroom "due process" must be followed--after meeting with some of the jurors to plan strategy last night.
— DCPetterson (@dcpetterson) February 12, 2021
More from Law
This issue was repeatedly highlighted bu Judge Totenberg:
Dominion’s system “does not produce a voter-verifiable paper ballot or a paper ballot marked with the voter’s choices in a format readable by the voter because the votes are tabulated solely from the unreadable QR code.”
Judge also found that Dominion's QR codes are NOT encrypted:
“Evidence plainly contradicts any contention that the QR codes or digital signatures are encrypted,”
This was “ultimately conceded by Mr. Cobb and expressly acknowledged later by Dr. Coomer during his testimony.”
Judge Totenberg said there was “demonstrable evidence” that the implementation of Dominion’s systems by Georgia placed voters at an “imminent risk of deprivation of their fundamental right to cast an effective vote,” which she defined as a “vote that is accurately counted.”
Judge Totenberg found that Dominion Systems inherently could not be audited.
She noted that auditors are severely limited and “can only determine whether the BMD printout was tabulated accurately, not whether the election outcome is correct.“
Totenberg stated in her ruling that a BMD printout “is not trustworthy” and the application of an Risk-Limiting audit (RLA) to an election that used BMD printouts “does not yield a true risk-limiting audit.”
Georgia used RLAs to claim no fraud...
Dominion’s system “does not produce a voter-verifiable paper ballot or a paper ballot marked with the voter’s choices in a format readable by the voter because the votes are tabulated solely from the unreadable QR code.”
Witness explaining that on electronic ballots (QR code ballots), it's impossible to determine voter intent. The machine decides the intent, whereas, with paper ballots, a human can double-check the ballot. https://t.co/kkhamio2Je
— The Election Wizard (@Wizard_Predicts) December 30, 2020
Judge also found that Dominion's QR codes are NOT encrypted:
“Evidence plainly contradicts any contention that the QR codes or digital signatures are encrypted,”
This was “ultimately conceded by Mr. Cobb and expressly acknowledged later by Dr. Coomer during his testimony.”
Judge Totenberg said there was “demonstrable evidence” that the implementation of Dominion’s systems by Georgia placed voters at an “imminent risk of deprivation of their fundamental right to cast an effective vote,” which she defined as a “vote that is accurately counted.”
Judge Totenberg found that Dominion Systems inherently could not be audited.
She noted that auditors are severely limited and “can only determine whether the BMD printout was tabulated accurately, not whether the election outcome is correct.“
Totenberg stated in her ruling that a BMD printout “is not trustworthy” and the application of an Risk-Limiting audit (RLA) to an election that used BMD printouts “does not yield a true risk-limiting audit.”
Georgia used RLAs to claim no fraud...
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
Honest Q: Some people argue in good faith that an impeachment trial after POTUS leaves office is unconstitutional. I think they\u2019re wrong. But let\u2019s say they\u2019re right, yet senate does it anyway. Does anyone seriously think SCOTUS reverses verdict (or even can)?
— Jonah Goldberg (@JonahDispatch) January 17, 2021
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
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Tying Marvel’s stable of pulp-fiction heroes to a real place — New York — served a counterbalance to the sometimes gravity-challenged action and the improbability of the stories. That was just what Stan Lee wanted. https://t.co/rDosqzpP8i
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