Trump's new legal team announced -- as defense turns from 'stolen election'
Source: Raw Story
CNN's Jim Acosta tweeted a release from the Trump team announcing the two men who will lead up the effort. The release indicates that they're already turning away from Trump's claims of a "stolen election" defense and returning to the "it's unconstitutional to hold a trial" defense.
"Trial lawyers David Schoen and Bruce L. Castor Jr., will head his impeachment defense legal team, bringing national profiles and significant trial experience in high-profile cases to the effort. Notably, Schoen has already been working with the 45th President and other advisors to prepare for the upcoming trial and both Schoen and Castor agree that this impeachment is unconstitutional - a fact 45 Senators voted in agreement with last week," the release said.
Read more: https://www.rawstory.com/trumps-new-impeachment-legal-team/
musette_sf
(10,199 posts)Schoen:
https://atlantajewishtimes.timesofisrael.com/jeffrey-epstein-consulted-atlanta-attorney-days-before-death/
Castor:
BumRushDaShow
(128,527 posts)Bruce Castor? He was a biggy here in Philly metro. Former D.A. & County Commissioner in Montgomery County, PA.
By The Associated Press and David Chang Published 48 mins ago Updated 35 mins ago
Former Montgomery County District Attorney Bruce L. Castor Jr., will lead former President Donald Trumps legal defense team in his upcoming impeachment trial. A spokesperson for Trump announced Sunday that Castor along with David Schoen will head the team. I consider it a privilege to represent the 45th President, Castor wrote. The strength of our Constitution is about to be tested like never before in our history. It is strong and resilient. A document written for the ages, and it will triumph over partisanship yet again, and always.
Castor served as the District Attorney in Montgomery County, Pennsylvania, from 2000 to 2008. He was also elected twice as the Commissioner of Montgomery County and served as Solicitor General and acting Attorney General of Pennsylvania as well.
Castor also gained notoriety during the sex assault trial for Bill Cosby. Castor declined to arrest Cosby in 2005 after a lawsuit was filed against him by Andrea Constand.
The news comes a day after it was announced that South Carolina lawyers Butch Bowers and Deborah Darbier would no longer be part of Trumps defense team. One of the people described the parting as a mutual decision that reflected a difference of opinion on the direction of the case. Both insisted on anonymity to discuss private conversations.
https://www.nbcphiladelphia.com/news/local/former-montco-da-to-lead-trumps-defense-team-in-impeachment-trial/2685601/
He used to serve with Tweety's brother Jim Matthews who was the other GOP Commissioner in Montgomery County at the time (for a 2(R) - 1(D) majority that has since been broken).
bucolic_frolic
(43,064 posts)it seemed like all the judges or appointment of judges went through Montgomery County. WTF was that about? Montco hits way above its weight.
DeminPennswoods
(15,265 posts)in PA.
BumRushDaShow
(128,527 posts)that Montco is the 3rd largest county in the state by population behind Philly and Allegheny County (with Pittsburgh). But yeah, there have been a bunch of high-powered elected officials to come out of there. I know there was an "election track" for those aiming for either Governor or some federal office, who would run for a County D.A. position and would naturally "be in the news" all the time, so they had plenty of "face time" prior to election time. Arlen Specter, Ed Rendell, Castor, Patrick Meehan, etc.
Now Montco is majority-Democrat for Commissioners with the lone Republican being a young loon (Joe Gale) who seems to (thankfully) have disappeared out of the news lately.
Response to brooklynite (Original post)
geralmar This message was self-deleted by its author.
Stallion
(6,473 posts)...other than the Chief Justice presiding which has been waived
Article I, Section 2, Clause 5 of the United States Constitution provides:
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
Article I, Section 3, Clauses 6 and 7 provide:
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Article II, Section 2 provides:
[The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Article II, Section 4 provides:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
AZ8theist
(5,418 posts)That's a question that has never been litigated to my knowledge.
You are 100% correct, however, that the SC plays NO ROLE in impeachment itself.
All Doturds team has is arguing the constitutionality of impeaching an official who is no longer in office. It's a weak argument, but it's all they got at this point...
dsc
(52,152 posts)it was a current President. And the Constitution is crystal clear about which trials the Senate are to conduct, it is all. Thus not only is it permissible to try former President Trump, it is required.
Ligyron
(7,622 posts)"... but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
What if he's not convicted, because most likely he wont? Does that mean he can't be charged with associated crimes as a regular citizen?
Response to Stallion (Reply #4)
geralmar This message was self-deleted by its author.
PhylliPretzel
(139 posts)The Constitution does not give the Supreme Court the right or duty to declare what is constitutional and what is not. That is a power taken by the Supreme Court itself in 1803 in the Marbury v Madison case. Jefferson was apoplectic at the idea.
The Constitution states in Article III: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
There is nothing there about judicial review. The Congress could write in their legislation that the Supreme Court may not review this legislation. We don't need 9 unelected potentates decreeing such absurdities as money is speech and corporations are people.
EarlG
(21,935 posts)So I dont know why his lawyers think anyone should give a crap that 45 senators said it isnt.
Kablooie
(18,613 posts)Republicans will say they didn't vote against impeaching Trump, they voted against the constitutionality of the impeachment out of office.
Ilsa
(61,690 posts)AZ8theist
(5,418 posts)But my guess is they QUIT because the IMBECILE wanted to argue the election was stolen and his legal team wasn't about to lie like Rudy for him.
Besides, even if the election WAS stolen, it has ABSOLUTELY ZERO to do with the charge of "Incitement to Insurrection".
ABSOLUTELY NOTHING TO DO WITH THE CRIME.
Ilsa
(61,690 posts)I typically stay away from political news on the weekend.
It's strange that there is an announcement about new counsel when they won't say whether the others quit or were fed to the crocodiles.
captain queeg
(10,104 posts)So we decided mutually Im not working for free, I cant pay you now, but in two weeks...
winstars
(4,219 posts)WASHINGTON (CN) Roger Stone wants the D.C. Circuit to delay his surrender to federal prison, citing coronavirus flare-ups in the federal facility where the longtime and now-convicted ally to President Donald Trump is set to serve out his sentence.
The Covid-19 pandemic continues to explode and, notwithstanding the current conditions reported at the institution to which Stone is scheduled to report, the dangers from Covid-19 in the prison system are largely unabated and, in fact, appear to be increasing, attorneys Seth Ginsberg and David I. Schoen said in the emergency motion filed Monday evening.
Evolve Dammit
(16,702 posts)Gothmog
(144,951 posts)Link to tweet
?s=20
Turbineguy
(37,296 posts)DallasNE
(7,402 posts)It is spelled out right in the Constitution. There is case history of someone who resigned but was impeached and convicted following his resignation. Lastly, the Senate has already voted 55-45 on the constitutional question. That is why the case is moving forward. So, how is that not a settled issue? Why would a do over be allowed. It makes no sense. I understand why Trumps lawyers do not want the case decided on the merits because the evidence is so overwhelming. But they are late to the game on the constitutional question.
Kablooie
(18,613 posts)the constitution says the punishment is removal from office and he can't be removed if he is out of office.
The counter argument is that it also says he can be banned from further public office.
if Trump can't be impeached then any president can avoid being banned from office by quitting before being impeached.
This lets a president nullify a clause of the Constitution which shouldn't be allowed.
cstanleytech
(26,251 posts)Now if the House began the process to impeach him after January 30 then it might be unconstitutional but they began it when he was still in office thus this is completely constitutional.
doc03
(35,300 posts)"it's unconstitutional to hold a trial" instead of "election fraud". Now he hires new lawyers that are going to
use the defense 'it's unconstitutional to hold a trial" rather than "election fraud" like he wanted?????
Kablooie
(18,613 posts)Trump was probably spooked by the others walking out.
dlk
(11,514 posts)mdbl
(4,973 posts)he has some money. is he saving it for another golden toilet or perhaps his stupid media network idea?
louis-t
(23,273 posts)And be advised that drumpf will not listen to a thing you say, cooperate in any way, or accept a guilty decision from the Senate.
Acornsouth
(293 posts)right down the crapper.... How do you defend the indefensible?... What lies are they going to have to make up to cover the ass of Donnie?... Will they bring up the non-existence of "Voter Fraud?"...
Acornsouth
(293 posts)tclambert
(11,085 posts)mdbl
(4,973 posts)cstanleytech
(26,251 posts)while he was still President.
tavernier
(12,370 posts)THEY ALREADY IMPEACHED HIM
Holy cow, how many lawyers does it take to pick up a legal dictionary to find out the definition of impeachment?????
He was impeached while he was in office. Twice.
rocktivity
(44,572 posts)But unless there was five abstentions, that means that 55 senators "voted in agreement" that this impeachment trial WAS constitutional, and 55 is a HIGHER number than 45. ANOTHER Trump attempt to overturn the popular vote? Damn, this all sounds familiar...
rocktivity