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.
“[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.
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.
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.