It looks like the election that never ends has entered a new phase: pre-trial briefs. Mr. Trump's attorneys have argued in new brief that this impeachment is unconstitutional, because he in fact won the election in a landslide, and he can't incite insurrection because he already won. So this is on its face ridiculous, because the insurrection was focused on other people and we have words like autocoup; but a lot of the brief was ridiculous, because it was written in one day. Because all of his previous lawyers left a few days before the trial. Thus, it was almost forgivable that the brief was full of typoes like "Unites States".
See, the old lawyers were going to argue the impeachment was unconstitutional because he is not president, which, as a theory, is plausible. Even if precedent of impeachment after leaving office exists. But both the defense and prosecution agree that this is not the case! One side says he is still president, the other side says that he is not but it is still constitutional. Meanwhile there are a ton of GOP Senators who would love to agree that this theory is true so they can go back to their important business of obstructing progress. If they do so, they run the risk of alienating Trump voters.
The way out of the quandary is simply to do the right thing. I'm not holding my breath, though.
See, the old lawyers were going to argue the impeachment was unconstitutional because he is not president, which, as a theory, is plausible. Even if precedent of impeachment after leaving office exists. But both the defense and prosecution agree that this is not the case! One side says he is still president, the other side says that he is not but it is still constitutional. Meanwhile there are a ton of GOP Senators who would love to agree that this theory is true so they can go back to their important business of obstructing progress. If they do so, they run the risk of alienating Trump voters.
The way out of the quandary is simply to do the right thing. I'm not holding my breath, though.
"Kitto daijoubu da yo." - Sakura Kinomoto