Monday, February 01, 2021

Better Late Than....

This is not exactly announcing a defense based on the Constitutional question that isn’t. Which was what this said: It is still being reported that new counsel wants to make the Constitutional argument. It’s the argument I’d want to make: basically attack the jurisdiction of the court. It’s the very kind of procedural argument I used to favor when I practiced law. You rarely get a chance to challenge jurisdiction so decisively. It’s not the kind of thing you pass up. Besides, what other argument do they have? Trump’s “Orient Express” defense? Seems the “marchers” just expected to mill about on the ellipse, waiting for the vote to be announced. But the White House had other ideas. Which sounds like a slam-dunk incitement case, at least in a political proceeding like a Senate impeachment trial. Which is not the magic bullet that will cause 17 GOP Senators to vote against Trump. But the more this becomes bad politics, the better. But, you know, Congress can’t do anything about it. Nope, too late for that.
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