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Former U.S. Atty says Trumps legal team dropped the ball
Posted on 1/20/20 at 1:44 pm
Posted on 1/20/20 at 1:44 pm
Former US Atty Andy McCarthy said on Fox News that Trump's legal team failed to plead a winnable immediate dismissal claim.
McCarthy said the team should have argued (on issue of dismissal) that even if the House's allegations were proven, they fail to plead an impeachable offense.
McCarthy further said that Trump's team plead dismissal on issues of fact. i.e., that the facts were deficient. McCarthy says the factual argument opens the door to a prolonged trial and all witnesses the Dems wish to call to support their factual accusations.
Seems like McCarthy is 100% correct to me. Trump's legal team failed to make the obvious winning case.
McCarthy said the team should have argued (on issue of dismissal) that even if the House's allegations were proven, they fail to plead an impeachable offense.
McCarthy further said that Trump's team plead dismissal on issues of fact. i.e., that the facts were deficient. McCarthy says the factual argument opens the door to a prolonged trial and all witnesses the Dems wish to call to support their factual accusations.
Seems like McCarthy is 100% correct to me. Trump's legal team failed to make the obvious winning case.
23
Posted on 1/20/20 at 1:45 pm to Buckeye Jeaux
Because Trump wants the trial and witnesses.
Posted on 1/20/20 at 1:45 pm to Buckeye Jeaux
Maybe they WANT to go to trial.
Posted on 1/20/20 at 1:49 pm to Buckeye Jeaux
If Trump is going down, he knows it already. If he is going down, he doesn't seem like the type to go down without bringing a few of them with him. Bring witnesses. frick the establishment. frick Congress. Air it all out, Trump. Even if you are a criminal I'll still respect you for exposing the corruption accidentally.
ETA: If he isn't going down, he knows that too. If he isn't and has nothing to fear, then let all witnesses speak.
ETA: If he isn't going down, he knows that too. If he isn't and has nothing to fear, then let all witnesses speak.
This post was edited on 1/20/20 at 1:50 pm
Posted on 1/20/20 at 1:49 pm to Buckeye Jeaux
quote:He is, legally.
Seems like McCarthy is 100% correct to me. Trump's legal team failed to make the obvious winning case.
People cannot seem to accept that NOTHING being done at this point (either by the Dems or by Trump) has the Senate as its target audience. They are performing for 300 million in November, not 100 in January.
This post was edited on 1/20/20 at 1:50 pm
Posted on 1/20/20 at 2:02 pm to Buckeye Jeaux
quote:
that even if the House's allegations were proven, they fail to plead an impeachable offense.
They did argue that very thing
This post was edited on 1/20/20 at 2:05 pm
Posted on 1/20/20 at 2:05 pm to Buckeye Jeaux
Can you provide a link? Trump’s team absolutely nailed it. Constitutionally invalid
This post was edited on 1/20/20 at 2:08 pm
Posted on 1/20/20 at 2:09 pm to Buckeye Jeaux
quote:
Trump's legal team failed to make the obvious winning case.
I agree - I want the dismissal arguemt to be vocal and vigorous and derogatory.
However, Graham has said the GOP 'doesn't have the votes' for dismissal
= damn Rimney, Collins, et al. Perhaps it would have worked to the detriment of the final result desired to have the dismissal rejected.
But I wanted blood in the streets over this pice of shite.
Posted on 1/20/20 at 2:13 pm to Buckeye Jeaux
I agree. He’s right.
Posted on 1/20/20 at 2:18 pm to Buckeye Jeaux
There are two horses in this race; given the evidence of Trump's action/results over the last 3 years...which horse would bet on to cross the line first. 
Trump has the (factual, evidentiary) ball, and the lead, and it's 4 minutes left in the last quarter. What's the hurry. Run out the time and leave no time on the clock for the opposition offense to even get the ball. There is no better Forum to drop what is out there than an Impeachment Trial.
Dershowitz will lay the Legal Foundation that there is NO Legal basis for a legit Impeachment...as presented. The Supreme Court will never undermine Executive Privilege; it is beyond their Constitutional power to do so. Not to mention disastrous for future Administrations.
This will be like our LSU Season and NC march. Monumentally satisfying. Now what comes afterward...could be problematic.
Trump has the (factual, evidentiary) ball, and the lead, and it's 4 minutes left in the last quarter. What's the hurry. Run out the time and leave no time on the clock for the opposition offense to even get the ball. There is no better Forum to drop what is out there than an Impeachment Trial.
Dershowitz will lay the Legal Foundation that there is NO Legal basis for a legit Impeachment...as presented. The Supreme Court will never undermine Executive Privilege; it is beyond their Constitutional power to do so. Not to mention disastrous for future Administrations.
This will be like our LSU Season and NC march. Monumentally satisfying. Now what comes afterward...could be problematic.
Posted on 1/20/20 at 2:28 pm to Buckeye Jeaux
quote:
I. The Articles Fail to State Impeachable Offenses as a Matter Of Law
A. House Democrats’ Novel Theory of “Abuse of Power” Does Not State an Impeachable Offense and Would Do Lasting Damage to the Separation of Powers
*****
B. House Democrats’ Charge of “Obstruction” Fails Because Invoking Constitutionally Based Privileges and Immunities to Protect the Separation of Powers Is Not an Impeachable Offense
They may not have said it exactly how McCarthy would have, but I think they raised those issues. Not sure it would have been wise to submit a purely legal argument in a trial brief without addressing the facts.
Either way, the impeachment trial is not getting dismissed on the briefs.
There could possibly be a chance after the presentation of the dims' arguments, but more likely only after the presentation of POTUS oral presentation and Roberts' questioning of both.
Trial Memo of DJT
Posted on 1/20/20 at 2:57 pm to Buckeye Jeaux
quote:
Seems like McCarthy is 100% correct to me. Trump's legal team failed to make the obvious winning case.
Their goal is not to dismiss the bogus charges. Their goal it to acquit and in doing so show the corrupt bias on the left in in their attack dogs of the MSM propaganda wing.
Posted on 1/20/20 at 2:58 pm to Buckeye Jeaux
link for this?
Posted on 1/20/20 at 3:01 pm to Buckeye Jeaux
I think McCarthy is underestimating and of course has no insight o the Trump team strategy. I highly doubt they rushed through a plan of action. Trump’s lawyers have had a while to devise a strategy and have looked at various angles to attack.
Posted on 1/20/20 at 3:15 pm to Buckeye Jeaux
quote:
McCarthy said the team should have argued (on issue of dismissal) that even if the House's allegations were proven, they fail to plead an impeachable offense.
Huh? Thats the exact argument they made.
Posted on 1/20/20 at 3:18 pm to Buckeye Jeaux
Posted on 1/20/20 at 3:20 pm to Buckeye Jeaux
It appears they clearly made this point, but went ahead and attacked how stupid the Dems are even under their premise.
Posted on 1/20/20 at 3:39 pm to Buckeye Jeaux
quote:
that even if the House's allegations were proven, they fail to plead an impeachable offense.
Everyone already knows this. If Trump goes in this direction he stays on defense. Instead, Trump is going to put the Dems on trial and go on the offensive.
Posted on 1/20/20 at 3:39 pm to Buckeye Jeaux
quote:
factual accusations.
Buttfrick stupidity highlighted.
Posted on 1/20/20 at 3:44 pm to Buckeye Jeaux
Everything being done has been calculated to a T by Trump. Impeachment trial will bring all the corruption out in the open and will be the beginning of the end for the Dems. All before the indictments start to be unsealed. The corrupt media will be outed in the process because they are all in on the impeachment. They will cover their going down party.
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