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    Democrats are going to try to “Kavanaugh” the Impeachment Trial with new accusations

    Democrats are going to try to “Kavanaugh” the Impeachment Trial with new accusations

    I don’t think Mitch McConnell is going to let that happen, as much as Trump’s base may relish a free-for-all in which Adam Schiff and others are called to testify.

    The most dangerous place on earth, Bob Dole wisely observed, is between Chuck Schumer and the TV cameras.

    Not surprisingly, while Mitch McConnell usually gets his way, Schumer gets the headlines and TV coverage.

    Schumer did that again today with his demand for a “fair” trial, meaning to Schumer that Democrats get to reopen the investigation of Trump during the trial, including calling witnesses who did not testify, and doing the job the House Democrats failed to do. A do-over.

    That’s not usually the way trials work — the pleading of claims and discovery takes place before the trial. House Democrats chose not to do that for key witnesses they wanted — including John Bolton and Mick Mulvaney — because forcing them to testify in the House would have meant court litigation. Democrats were on a timetable driven by the 2020 election that did not allow for a court to decide the clash of branches, so they went with what they had.

    Schumer and Senate Democrats know that what the House had is not enough to get 20 Republican Senators to vote against Trump — they may not even get one. So the trial takes on a different purpose — to seek evidence and to prolong impeachment investigations for the remainder of the election year based on “new evidence” discovered during the trial.

    Byron York astutely observes that Senate Democrats are taking the same approach they took in trying to block Brett Kavanaugh’s Supreme Court nomination:

    If Schumer gets what he wants, it seems hard to believe that will be the end of it. The request for more witnesses appears designed to lead not to closure but to reopening the case against Trump. In this way, if Democrats can introduce new testimony in the trial, they can say the new testimony has raised new questions that will require new investigation. And new investigation will require more new witnesses, which will surely lead to more new questions, which …

    Call it the Brett Kavanaugh model of impeachment. During the Supreme Court justice’s confirmation process, a hearing had already been held, and Kavanaugh appeared on the way to joining the court. Then, up popped a new allegation, the Christine Blasey Ford story, and Democrats demanded the case be reopened, witnesses be interviewed, evidence be gathered, and time be taken for more investigation. Republicans acceded to those demands, and the Kavanaugh confirmation careened off course for a while before GOP lawmakers finally got it back on track….

    The bottom line is, Republicans should not believe for one minute that the campaign to remove the president will rely only on the case Democrats have built in the House. Schumer and other party leaders will scramble for new information to throw at the president, and at Republicans, until it is over. The GOP, and the White House, need to be ready.

    Senate Democrats proved themselves to be misleading and dishonest demagogues during the Kavanaugh hearings. Expect the same at a Senate impeachment trial.

    One “rational” approach would be not to appease Schumer and others who are not interested in the least in fairness, but seek to “Kavanaugh” the impeachment trial, to keep tight control on the procedure and witnesses, and to treat the trial as a real trial. That is the approach reportedly favored by McConnell and many other Republican Senators.

    Against that, however, is a Republican grassroots desire to call Hunter Biden, Joe Biden, Adam Schiff, members of the House Intelligence Committee staff who interacted with the purported “whistleblower,” and the “whistleblower” himself. In other words, to make the trial a discovery tool, but as to how impeachment was cooked up and as to the Democratic corruption at the heart of Trump’s concerns.

    Turning the trial into a free-for-all is risky. But I bet it’s what a lot of readers want in their hearts. It may also be what Trump wants in his heart, but he has proven to be far more cautious a player than his persona or Twitter account would suggest.

    I’m guessing, but not betting, that Mitch will prevail and Trump will go along, and we’ll have a tightly controlled short trial in which there are few surprises, and the foregone conclusion remains the conclusion. McConnell will keep the Republicans in line to overturn any ruling by Chief Justice Roberts that would allow expansion of the allegations. Schumer may get his four witnesses so that Susan Collins, Lisa Murkowski, and Mitt Romney stay on board, but that will be it.

    But there will be theatrics along the way, and the space between Chuck Schumer and the TV cameras will be more dangerous than ever.


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    I still don’t see the House sending the charges to the Senate. The whole cabal is so poor it is only good for cannon fodder and that is what the dems will use it for. The House will vote and for the next year they will use the “charges” to feed the media.

      Edward in reply to OldSarg. | December 17, 2019 at 7:00 am

      That would be the “smart” move at this point of painting themselves into a corner. I’m sure Pelousy would favor doing exactly that. But will that be sufficient “red meat” for the whacko base of the Socialist-Democrat Party? In Congress this is the Party of Cortez and friends and it seems that San Fran Nan barely hangs on to her Speaker’s gig.

      Milhouse in reply to OldSarg. | December 17, 2019 at 10:25 am

      The whole cabal is so poor

      On the contrary, the cabal is filthy rich. Perhaps you meant that their case is poor.

    As we have seen time and again, when the Democrats/Left fail in their Trump attacks, they pivot to another accusation. Somehow this must stop and the public must see what is being done.
    By having a very short trial in the Senate, the Democrats/Left will claim all sorts of impropriety concerning the trial and this issue will never go away.
    By having an extended trial where all the accusations are laid to rest, where the Democrats/left are shown to be what they are, by embarrassing them beyond anything they could tolerate, perhaps, just perhaps, they will be too cowed to try this again. By having this trial and elucidating those illegal acts committed by the Democrats/Left and referring them for their own criminal trial, the Left/Democrats might just learn that their strategy is a failed one that carries with it a very real risk. Now is the time to politically destroy the Left/Democratic party for without doing this the deep state can never be defeated.

    Prof. Jacobsen, isn’t there any method by which the Senate Judiciary committee or the Rules committee can send the impeachment back to the House for rewrite? After all, the “obstruction of Congress” claim is imperfect, since they have not attempted the ordinary remedy: enforce a subpoena via the federal court. Aren’t they already doing that vis-a-vis the Mueller report grand jury information? So send that article back into the House for additional work. We know the Pelosi gang wants to rush, but I think it would be fine to slow them down to get all the tees dotted etc., i.e., to get all of their {{{beeep}}} in one bag. Then impeachment being such a large undertaking, send back the “abuse of power” article, too, so that there can be one trial if they ever get the votes to send it back.

    That plan depends on not very trustworthy senators, however, so maybe the President’s lawyers could make that a pre-trial motion, dismissal without prejudice, stating that the articles are imperfect.

    This would have the added benefit of just possibly tying Hon. Senator Schumer’s brain in knots AND let the articles stew a little longer in the House. 🙂

    Whatever we decide to do, it should be for maximum damage against the Dems. Everything else is secondary. This is war.

    The most important thing is not to allow any bogus votes. No citing “Scottish law” or other malarkey. “Convict-Remove” or “Acquit-Do Not Remove” are the only two votes allowed. And note that abstentions will count as “Acquit-Do Not Remove”.

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