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Started By
Message
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 1:48 pm to SmackoverHawg
quote:
Because Trump wants the trial and witnesses.
Bingo.
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 1:59 pm to bamarep
quote:A FAIR trial would be great. You seriously think Trump will get a fair trial?
Maybe they WANT to go to trial.
Trump has almost 100% of the Senate Dems against him, and a slew of Rino's.
This post was edited on 1/20/20 at 2:00 pm
Posted on 1/20/20 at 2:01 pm to AggieHank86
quote:
They are performing for 300 million in November, not 100 in January.
This.
Posted on 1/20/20 at 2:02 pm to AggieHank86
quote:
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.
Hmmm... sounds like you re bashing yourself for your first comment!
Posted on 1/20/20 at 2:02 pm to AggieHank86
quote:This is about the only thing that you ever wrote that was worth a damn. You are right on this,though
They are performing for 300 million in November, not 100 in January.
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 2:11 pm to AggieHank86
quote:
They are performing for 300 million in November,
Actually they are targeting about 10 GOP Senators.
Posted on 1/20/20 at 2:13 pm to Buckeye Jeaux
I agree. He’s right.
Posted on 1/20/20 at 2:17 pm to ChineseBandit58
quote:
However, Graham has said the GOP 'doesn't have the votes' for dismissal
They do but a weak dismissal would just mean the House Loons would go through their clown show all over again. Only was a dismissal works is if it sends the message that is absolutely pointless to try again: all GOP, Independents, and even a Blue Dog or two. So obviously the Trump legal team knows what they are doing, unlike the OP and MoronHank.
This post was edited on 1/20/20 at 2:19 pm
Posted on 1/20/20 at 2:18 pm to TigerProwl24
quote:This came from Andy McCarthy's appearance on Fox News today on "Outnumbered".
Can you provide a link? Trump’s team absolutely nailed it. Constitutionally invalid
McCarthy was clear on his opinion that Trump's Team missed the boat on arguing for dismissal on the basis of failing to state an impeachable offense.
Would like to see any link to the contrary.
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 2:21 pm to ChineseBandit58
quote:Maybe, but I don’t think so.
Actually they are targeting about 10 GOP Senators.
Of those ten, the only real issue is this nonsense about witnesses, which is ultimately irrelevant to the final outcome. Only a couple are even remotely on the fence for removal ... not enough to affect the outcome.
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
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