DOJ Position And Trump Impeachment Argument ‘Cannot Be Reconciled,’ House Lawyer Argues | Talking Points Memo

The President just keeps contradicting his own DOJ, the House of Representatives’ top lawyer said in yet another court filing Tuesday pointing out the Trump administration’s clashing positions.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1287526

I’m sure Judge Rao sees no contradiction whatsoever.

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LogicHasNoHome

I suppose the same could be said for his Just-us Dept.

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Ken Starr lost the “Brokeback Mountain” Look Alike Contest!

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Neither of these positions is correct.

Article 2 of the Constitution says Trump can do whatever he wants. Just ask him.

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Does Starr know who wears the black hats in Westerns?

The bad guys.

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In my town ‘‘Good Guys Wear Black.’’
[old White Sox tagline]

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Why is Carmen Sandiego arriving at the Capitol?

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Because they wouldn’t let Dora the Explorer in without papers.

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Another disgruntled former employee slandering the president.

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@dmcg and @lastroth win the internetz for the day!

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O Bazinga on ice!!! :rofl::rofl::rofl::rofl::rofl::rofl::rofl:

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“[W]e write to inform the Court of statements made by President Trump’s attorney during the Senate impeachment trial that contradict DOJ’s principal argument in this case,” the House lawyer, Douglas Letter, wrote.

Article II of the Constitution specifically says that Donald J. Trump (it actually refers to him by name, so as not to confuse this with others who might hold the office of president) gets to have it both ways … and any other way he wants.

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Ok, let’s take a breath here.

First, Doug Letter is absolutely correct calling out Trump’s arguments in Court (and the Senate) as illegitimate under the doctrine of judicial estoppel:

This rule, known as judicial estoppel, “generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase.” Pegram v. Herdrich, 530 U.S. 211, 227, n. 8 (2000)

quoted in New Hampshire v. Maine , 532 U.S. 742, 749, 121 S. Ct. 1808, 1814, 149 L. Ed. 2d 968 (2001)

Put another way, you can’t take diametrically opposite positions on a particular issue depending on where you are.

As Joe Biden would say, that’s number 2. In addition, Ken Starr told the Senate on Trump’s behalf that during an impeachment, the Senate is not sitting as a legislative body but as a court, while DOJ insists that grand jury materials can only be produced in “judicial proceedings” and therefore can’t be provided to the Congress. Note that after Starr concluded his investigation into the Clinton, he wheeled 90+ boxes of documents, including grand jury materials, over the House for use in their impeachment of Clinton. Of course, the central difference in that case was the Repub’s impeachment of a Dem.

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I’m convinced that if Fox News ran with this line for an entire week, across all their programs by all their bullshitters, by the end of the week at least ~35% of GOPs would fully and wholeheartedly believe it.

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Remarkably poor lawyering by remarkably bad lawyers for Trump.

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It’s not universally true, but bad clients tend to make for bad lawyers and bad lawyering.

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Especially if the client is demanding and insists on your arguing certain things that are really stupid.

I had plenty of clients like that.

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