Day Two Of Impeachment Trial Under Way | Cat You Believe This Is The State Of Law & Meowrder
February 10, 2021
TODAY'S WATCHLIST
|The second day of PRESIDENT TRUMP’S impeachment trial is said to include a presentation of never-before-seen footage from the attack on the Capitol. House impeachment managers plan to demonstrate that the insurrection was the “foreseeable” result of Trump’s rhetoric. This follows yesterday’s opening arguments in which Trump’s lawyers presented their defense of the former president, and one even admitted that the House Democrats’ arguments were so good that they had to adjust their strategy to better defend Trump. Kyle Cheney and Andrew Desiderio with POLITICO report.
CONSTITUTIONAL BUT MAYBE NOT CONVICTABLE
|Yesterday, the Senate voted that the trial of a former president is constitutional, with six Republicans joining all 50 Democrats. It was an outcome that follows what legal experts have been saying for weeks. However, as of now it looks like PRESIDENT TRUMP will likely get acquitted. Seventeen Republicans would need to join Democrats to convict the former president. The New York Times has noted that eight Republicans — in addition to the six who voted to affirm the trial’s constitutionality — have yet to announce their position on conviction, but even if every one of them voted against Trump it still wouldn’t be enough to convict.
IN GOOD COMPANY
|Michael S. Rosenwald with The Washington Post reviews the Ku Klux Klan case that went all the way to the Supreme Court and has shaped First Amendment law for more than 50 years. In fact, it’s a case that is central to DONALD TRUMP’S defense. In 1969, SCOTUS established a test to determine what speech could be prohibited. Justices said speech that is “directed at inciting or producing imminent lawless action” or “likely to incite or produce such action” does get the benefit of First Amendment protection. The case, Brandenburg v. Ohio, was referenced in the briefs gathered by Trump’s lawyers, arguing Trump did not direct his supporters to attack the Capitol. House managers prosecuting the case took the opposite view.
I'M NOT A CAT, I'M AN ADVOCAT
|Yes there’s a historic impeachment trial happening, but there was another massive story yesterday in the world of law and meowrder. A video circulated like wildfire of a Texas lawyer unable to turn off a cat filter on his Zoom call during a hearing. Panicked, the lawyer ROD PONTON said, “I don’t know how to remove it. I’ve got my assistant here and she’s trying to. I’m prepared to go forward with it.” And then, he clarifies, “I’m here live. I’m not a cat.” If you need a little joy in your day, see for yourself.