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kentuck

(111,051 posts)
Sun Dec 15, 2019, 02:26 PM Dec 2019

The best strategy for the Democrats during impeachment trial?

First of all, they must remember that this is not a criminal trial - it is a political trial. You win or lose with the politics.

A political argument is strongest when it has the facts on its side. Democrats have the advantage going in.

Secondly, they need to take notes and call the Trump defenders on their conspiracy theories and outright lies. The American people deserve the truth. Democrats should pursue their case with a directed aggressiveness. They should not be deterred by calls for testimony from Hunter Biden or the Whistleblower. They should be persistent in their argument that the Congress was obstructed and was unable to get the witnesses to help clear up the facts in the case. They wanted to hear from Mulvaney, Pompeo. Rick Perry, John Bolton, and several others that had first-hand information that might have cleared Donald Trump of the charges. Congress was refused these witnesses.

Thirdly, they will need to make a strong effort to keep the trial on the right track. Mr Trump has some very serious charges against him. It does not serve the people or the country to discuss other issues unrelated to the charges against Donald Trump. As much as Republicans would like, Hunter Biden has absolutely nothing to do with bribing Ukraine or making demands that Zelensky go on CNN to state that there is an investigation going on against Joe Biden and the origins of the 2016 election,

Also, the Democrats should request the assistance of CJ John Roberts in the determination of relevant and irrelevant witnesses. They should request a cessation of all tweets from Mr Trump during the impeachment trial. He should not be permitted to interfere in the proceeding in such a brazen manner.

The Democrats should recognize that they are in a political battle. They should not hesitate to ask for and to force the Chief Justice to rule on questions that are important for the American people to know. They are fighting a righteous battle for the soul and survival of our democracy. Do not be afraid to step on a few toes.

It's easy to be an armchair quarterback. But, I do believe it is a very important issue.

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The Velveteen Ocelot

(115,576 posts)
1. I think they're on top of it and way ahead of any of us.
Sun Dec 15, 2019, 02:34 PM
Dec 2019

But in an impeachment trial the Chief Justice isn't a judge as we usually think of judges. He's more like a referee - he's mostly there just to see to it that the Senate is following its own rules (which it can change by a majority vote). Don't expect him to intervene on substantive matters because that's not his job; and he also has no power whatsoever - nor does any other court - to prevent Trump from tweeting during the trial. The Dems can't "force" Roberts to do anything. Furthermore, if the Democrats were to try to influence Roberts as to how he manages the proceedings, that would probably be regarded as improper (the GOP would do it, but we're not them), like a lawyer engaging in ex parte communications to persuade a judge outside the courtroom.

kentuck

(111,051 posts)
3. I disagree.
Sun Dec 15, 2019, 02:43 PM
Dec 2019

I think the Democrats can force the issue on obvious lies and distractions by Trump's team. I don't think the Rehnquist model will be used by Roberts if he sees the trial being corrupted in any way. That is how they need to be more aggressive, in my opinion.

Akso, a lot of people here thought Mueller was on top of it and knew much more than any simple-minded person on DU? Remember?

The Velveteen Ocelot

(115,576 posts)
5. The power of the CJ is stated in the rules of the Senate for impeachment hearings.
Sun Dec 15, 2019, 02:56 PM
Dec 2019

In fact, the Chief Justice doesn't preside over any impeachment trials except those of presidents or vice presidents. For any other federal official, the Presiding Officer is "a majority-party senator who presides over the Senate and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices and precedents." In other words, Mitch McConnell. But in any event, whoever the Presiding Officer is, is constrained by the Senate's rules:

The Presiding Officer shall have power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, writs, and precepts authorized by these rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.
https://www.govinfo.gov/content/pkg/SMAN-113/pdf/SMAN-113-pg223.pdf

kentuck

(111,051 posts)
9. A simple 51 votes may not be so easy to get?
Sun Dec 15, 2019, 03:06 PM
Dec 2019

For either side, or for or against the CJ, in my opinion. It is my understanding that the CJ can make a ruling if requested?

kentuck

(111,051 posts)
4. Also, realizing this is a political proceeding, not a criminal one..
Sun Dec 15, 2019, 02:53 PM
Dec 2019

Why would it be bad to piss off Trump by questioning his use of Twitter during the trial? Unless you are not looking for a political advantage?

The Velveteen Ocelot

(115,576 posts)
6. No judge has the power to stop Trump from using Twitter.
Sun Dec 15, 2019, 02:58 PM
Dec 2019

However, the Democrats are well within their rights for calling him out on it. Anyhow, Trump has a unique talent for making himself look stupid.

kentuck

(111,051 posts)
7. It doesn't matter if the Judge doesn't stop Trump's tweets...
Sun Dec 15, 2019, 03:02 PM
Dec 2019

It's political opportunism.

If Trump even thinks someone is trying to stop his tweets, it is a political win for Democrats. It's about politics, not legalities.

The Velveteen Ocelot

(115,576 posts)
8. If Trump thinks someone is trying to stop his tweets, he'll tweet about it
Sun Dec 15, 2019, 03:04 PM
Dec 2019

and try to use it to his advantage. I say, let him tweet all he wants. It just makes him look as stupid as he is.

 

Wellstone ruled

(34,661 posts)
11. The Senate so called Trial will be
Sun Dec 15, 2019, 03:24 PM
Dec 2019

a massive Filibuster by the Rethugs. We got a taste of this last week. This time it is going to be a PT Barnum five ring Circus.

kentuck

(111,051 posts)
12. For some reason, I don't think the Senate trial will be as chaotic as the House..
Sun Dec 15, 2019, 03:28 PM
Dec 2019

At least, I hope not.

 

Wellstone ruled

(34,661 posts)
13. The Tea Bagger's are running this
Sun Dec 15, 2019, 03:30 PM
Dec 2019

manure show. All or most of all are hold overs from the Clinton Blow Job Trial.

DeminPennswoods

(15,265 posts)
14. Rs have already decided to protect a lawless president
Sun Dec 15, 2019, 03:35 PM
Dec 2019

That needs to be the crystal clear message.

TPM: https://talkingpointsmemo.com/edblog/terrible-terrible-terrible

Republicans have made their intentions crystal clear. It is an abdication of responsibility not to state this clearly. Republicans have already decided to protect a lawless President from constitutional accountability. They’ve betrayed the constitution and their oaths. This is a point to make consistently over and over and over again. Because it is true. If some Republican Senator decides to change his mind and the right thing they are welcome to do so.

Perhaps Cardin and others are too squeamish for that language or too wedded to Senate collegiality. I’m sure many Republican colleagues are amiable enough people when you meet them at the congressional gym. But language does not need to be hot to state clearly where the facts of the matter stand. There’s nothing to be “concerned” about. Senate Republicans have made very clear there is no level of lawless behavior from this President that they will not defend. The public needs to know that. It needs to be said over and over. To say anything else, to express hopes this or that doesn’t happen when it already has happened only signals a damaging, demoralizing and shameful weakness.

pwb

(11,245 posts)
15. Sounds good.
Sun Dec 15, 2019, 03:44 PM
Dec 2019

Some day soon trump will try to influence the Supreme Court on his taxes and that will be it.

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