‘This is how autocracy comes to America’ … An unconstitutional verdict of acquittal by a roll-call vote in the Senate

The House managers have been treating the Senate impeachment trial as a solemn judicial proceeding, just as the Founding Fathers intended. To paraphrase Mark Sumner at Daily Kos, the House managers have been presenting a master class of an impeachment prosecution: For anyone tuning in from outside the Senate, Schiff’s opening was a master class … Read more

Some early observations about the Senate impeachment trial

You may have been exhausted by the marathon session of arguments for amendments to the McConnell Rules for the Senate impeachment trial of Donald Trump on the first day of the impeachment trial, but as a trial attorney I found it fascinating and brilliant lawyering by the House managers. It was painfully obvious to me … Read more

The McConnell Rules: a criminal cover-up by Republicans in the Senate (Updated)

At the eleventh hour, “The Enemy of The People,” Senate Majority Leader Mitch McConnell issued his rules for the Senate impeachment trial — the rules were not negotiated with Senate Democrats, but they were done in “total coordination” with the Defendant in the White House — which depart significantly from the “Clinton Rules” of impeachment … Read more