There is a now-relevant parallel here to the difference here between matters before a judge & matters before a jury. Judges are far more reluctant to strike testimony or evidence if they are the only recipients of it, with the theory being that they are really smart about ...
To the extent that precedents matter in this trial, when hearsay has been challenged in past trials, it's been admitted if it's probative. And it's been noted that senators aren't *regular* jurors, but rather people of learning who can figure on their own how to weigh evidence.
— Ira Goldman \U0001f986\U0001f986\U0001f986 (@KDbyProxy) January 24, 2020
2) The declaration includes all sorts of legal arguments about why the defendant should win. Often the declaration includes arguments the brief didn't even make.
3) Plaintiff moves to strike the declaration for its inclusion of inadmissible legal arguments.
4) Judge denies the motion to strike, on the grounds that a ...
The legal fiction behind this impeachment exception is that Senators are also smart enough to know what to listen to & what to ignore. Now, that may not be ACCURATE, ...
The U.S. legal system is adversarial expressly because judges are human ...
Additionally, it should be noted that it is logistically impossible for a ...
A few caveats here. First, I am ignoring the people who will acquit him saying that he can't be impeached because he's not President. That's not an acquittal based on the substance. That's a purely legal question where evidence plays zero role.
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