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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI've had enough armchair prosecutors criticizing the House Managers for not calling witnesses.
Anyone who has ever tried a lawsuit knows there are difficult decisions to be made on the fly. You make the best call you can with the facts you are facing. It is altogether too easy for grumpy talking heads to come on television to say you made the wrong call.
The Managers got a stipulation to how the main witness would testify if called. They got the facts into evidence without having to worry about a cross examination. Would have calling the witness live been better? Maybe. Might the whole thing blown up under cross examination? Also, maybe.
Unless you have been required to make snap decisions in the middle of a bet-the-farm case, please keep your amateur Perry Mason opinions to yourself.
jimfields33
(19,382 posts)StarfishSaver
(18,486 posts)TomSlick
(11,989 posts)For once - just once - can be please not eat our own.
jimfields33
(19,382 posts)Just threw out an explanation as a possibility the media is asking. The media needs to start talking up President Bidens agenda. Thats where the media always screws us. Theyll talk about things but ignore our President. They did this with President Obama all the time. Frustrating!!!!!
Thekaspervote
(34,946 posts)msfiddlestix
(7,911 posts)StarfishSaver
(18,486 posts)Thank you for posting this!
servermsh
(1,406 posts)- No one could call witnesses until that Saturday morning, by rule
- Schumer repeatedly told the Managers they could call witnesses if they wished.
- The House Managers decided to call one witness AND get her notes. They also reserved the right to call more witnesses.
- The Senate passed that motion
- The Managers' aides were already in the process of scheduling the deposition.
- Then after Republican threats, Coons and Manchin, and possibly others, put pressure on the Managers to not call the witness.
- The House Managers backed down and just entered her public statement in the record.
- The Trump lawyer promptly said the statement wasn't true.
THAT is what happened. Could you please get the facts right?
You don't know what the witness would have said. You don't know what her notes say. You don't know the emotional impact it would have had. It likely would have caused further glorious public arguments among Republicans.
And for those who wanted to move on to Biden's agenda, the Congress is now in recess for a week! LOL
TomSlick
(11,989 posts)What the lawyer said was disingenuous if not strictly a lie. The parties stipulated to how the witness would testify. There was no stipulation to the witness being truthful
There could never be a stipulation that a witness - and witness - was truthful in their testimony. Even if the witness had appeared in person, there would be no stipulation that the testimony was truthful.
If it is important to you that Democrats eat their own - bon appetite. Just don't be surprised when no intelligent Democrat will enter public service.
soldierant
(8,081 posts)Preach it!
StarfishSaver
(18,486 posts)First, the managers didn't "back down." They wanted to get the witness' statement in the record. They got it in the record. That's all they needed.
The notes were a separate issue. They would have simply confirmed her testimony if there was any question about what she said. But since her statement went into the record without objection, there was no need to put her notes in, as well.
And of course the lawyer said the statement wasn't true - after the fact and after he agreed to let it go into the record and offered absolutely no objection or contradiction to it. Had the witness testified in person with three angels on her shoulder, he STILL would have gone to a microphone afterward and claimed her statement wasn't true. So who cares what he said in a press conference after the fact?
And, fyi, recess is not a vacation and doesn't mean that Congress stopped working on Biden's agenda. There is more to legislating than standing on the chamber floor and voting or asking questions during Committee hearings. House and Senate work continues and Biden's agenda is being worked on even though the Members and Senators are in their home states and districts.
For example, the Senate will conduct several DOJ confirmation hearings next week, including Merrick Garland's. There is a HUGE amount of work that goes into getting ready for those hearings and that work is being done at the staff and principal level. In fact, it's much easier to do those preparations when the Senate is not in session because the staffs can focus on preparing for the hearings and not be distracted with the day-to-day madness of a session, as anyone who has worked in that space can tell you.
So, your criticisms and snark are misplaced.
George II
(67,782 posts)Maybe some legislators look at a recess as a vacation, but most spend the time for it's intended use - go back to their districts and meet with or speak to their constituents or as you point out to prepare for hearings.
I got an email just yesterday, he's holding an online town hall (times are different these days) on Wednesday afternoon to discuss upcoming legislation, including the "The American Rescue Plan" (relief bill).
Very few Representatives/Senators consider it a vacation, but unfortunately some do.
StarfishSaver
(18,486 posts)How often have you heard reporters and commentators berate Members for "leaving town" as if they are abandoning their posts to go to Tahiti for some me-time.
Funny thing - on the one hand, people complain that Congress has lost touch with their constituents and are caught in the "Beltway Bubble." But whenever they leave that "bubble" to go spend time in their states and districts, they're treated like they're committing a crime.
Bobstandard
(1,740 posts)Follow up will tell us whether theyre abandoning the beltway bubble or simply going to ground.
NurseJackie
(42,862 posts)... school.
sheshe2
(88,600 posts)To personal. I will give you this instead.
StarfishSaver
(18,486 posts)Gothmog
(156,305 posts)Budi
(15,325 posts)Gothmog
(156,305 posts)spooky3
(36,583 posts)that an overwhelming case was made without witnesses. This confirms the judgment of the House Managers.
If the armchair prosecutors want to stir up trouble, why not ask why Republicans weren't able to accept either the research of Constitutional scholars who determined that trying a President who has left office WAS Constitutional; why they weren't bound by the vote the Senate made that it was appropriate; why Mitch delayed the trial if he genuinely had the concerns he expressed, etc.?
katmondoo
(6,499 posts)There was enough evidence to convict and we all knew that wasn't going to happen witnesses or no witnesses.
Budi
(15,325 posts)Armchair prosecutors & a damned thankless buch at that.
The House Managers were far superior than I've ever witnessed before.
Constitutional Scholars & brilliant in their data gathering, & presentations.
They made no errors to fault them with.
The "Expert Constitutional Armchair Prosecutors" should have even a smidge of the skillset of our flawless & meticulously well prepared House Managers.
They made No Errors in their trial presentation
Applause to everyone who contributed to this riveting presentation by our Democratic House Managers.
Thanks for your OP, TomSlick
WHITT
(2,868 posts)could have taken YEARS. They are still litigating the subpoena for Don McGahn from the first impeachment.
onecaliberal
(36,594 posts)The witnesses were never going to be friendly
BootinUp
(49,209 posts)world wide wally
(21,835 posts)Lindsey Graham, Ted Cruz. Josh Hawley and the rest of the MAGA crowd would have voted not guilty.
PutGramaOnThePhone
(236 posts)you please keep your opinion stifling request to yourself? I image that there are plenty of people on DU that have, and are making difficult decisions on the fly, and making snap decisions in bet-the-farm situations. Ill bet some of these situations are as, or more impactful on peoples lives than many lawsuits. The House impeachment and Senate trial are politics, and thats basically why everyone is here
Im not posting any opinions on this. Im reading and thinking about it. However, I too have had enough. If you havent tried an impeachment in the United States Senate, please keep your opinion that others cant express an opinion to yourself.
TomSlick
(11,989 posts)You create an interesting logical dilemma.
Under your rule, any one should express their opinion about trial strategy in an impeachment trial, irrespective of whether they have ever tried a case of any sort. On the other hand, those of us with decades of trial experience should not express the opinion that only those that have seen the battle understand what it means to make strategy decisions in the middle of a trial.
There was no hope for a super majority conviction. Nevertheless, armchair prosecutors were certain to find fault unless a miracle was produced.
Armchair prosecutors come in after the battle is over and bayonet the wounded.
PutGramaOnThePhone
(236 posts)for the welcome, and your respectful response to my - granted - emotional and unsubstantial, response to your post. I seem to really have a problem with emotions driving me in any political discussion - an indication of one reason among many that Im not lawyer material. I tip my hat to you for your achievements, and your service. Also a salute for over 5,000 posts.
Now that I see where you are coming from - some sort of narrow (harsh opinion 😊 warrior ethos, I see no point in continuing with any discussion of my rule.
I respect that you are contributing to DU. I feel good that Im trying to be on the same side as you. Im truly grateful for each and every warrior thats a Democrat.
TomSlick
(11,989 posts)I tend to be very protective of our Democratic leaders and will rush to their defense.
PutGramaOnThePhone
(236 posts)in mind there are people here at DU that really feel a drive to post to defend Democrats, from inside and outside the tent, to mellow my reaction to what they post 😊.
PutGramaOnThePhone
(236 posts)I can only imagine, but I sure can imagine, wow
TomSlick
(11,989 posts)If it's important that people love you, go to med school.
treestar
(82,383 posts)In fact, any profession dealing with people.
Everyone loves teachers. But still parents blame them for things.
Everyone loves those who served in the military, maybe, other than the Orange Menace.
Tommymac
(7,334 posts)Autumn
(46,827 posts)don't like their amateur Perry Mason opinions? What exactly are your qualifications?
TomSlick
(11,989 posts)What I resist is the Democratic tendency to eat our own.
As to my qualifications, I've been a trial lawyer for a few months shy of forty years. I've never had a trial on national TV but I make decisions of trial strategy of the fly all that time in cases that are every bit as important to my clients. One thing I have learned over those years is to not publicly criticize the trial decisions of others.
Your lawyer in practice spends a considerable part of his life in doing distasteful things for disagreeable people who must be satisfied, against an impossible time limit and with hourly interruptions, from other disagreeable people who want to derail the train; and for his blood, sweat, and tears, he receives in the end a few unkind words to the effect that it might have been done better, and a protest at the size of the fee.
William L. Prosser
I will not respond with my own snarky smilies.
George II
(67,782 posts)....you were commenting on people's legal naivety.
Makes one shake one's head, eh?
PutGramaOnThePhone
(236 posts)Everybodys got some naivety somewhere, legal or illegal. Soooo...hey, tell ya what - lets shake our heads at Republications, instead of opinion shaming Democrats trying to respectfully engage in a challenging discussion. On the other hand, perhaps I missed the proclamation from the DU high council that only a chosen few of those posting here can begin to understand strategy around a political spectacle - NOT a real trial - that has only been put on a couple, three handfuls of times - all with witnesses, according to WaPo.
Anyway, lets move on and push for some other way to get trump feelin some consequences.
ShazzieB
(19,063 posts)Fortunately, some of us here appreciate hearing from those who have knowledge and personal experience that gives them additional insight that not all of us share.
Which is an indirect way of saying that your comments in this thread have been very helpful to me in gaining a better understanding of some of the decisions made by the impeachment managers, for which I am most grateful. So, thank you!
PutGramaOnThePhone
(236 posts)I dont think anyone is arguing with: some of us here appreciate hearing from those who have knowledge and personal experience that gives them additional insight that not all of us share.
A hot button for me was reading a post complaining that people, that appear to be amateurs in armchairs, cant understand what legal strategy is and thus should keep their opinions about decisions made in a POLITICAL trial, to themselves. By this logic concerning what one can or cannot understand, no one posting to DU about this can understand it, and thus should not make any critical comments.
Im really writing about posting with respect in general, and not for myself. Im just here to try to get some insight, and I appreciate everyone that comes to DU.
Bobstandard
(1,740 posts)Todays impeachment trials are, as much as anything, public spectacles. One competes for hearts and minds, emphasis on the former. The rules of procedure dont apply outside the courtroom, and the spectacle in the chambers was anything but a courtroom. Instead it was a media space with two sides battling for the sympathies of the viewers-and there werent that many of them. In a sense it was a fight for the news bites, the news cycle on various outlets. The story to be told in two years, in four years.
On the one side, the inevitable conclusion of Republicans letting him off was a win for Trump. One way to make the proceedings a loss for Trump was to drag them out. To highlight his every violence against the constitution, and to highlight his incredible, mean incompetence. A longer trial with witnesses possibly emerging from the woodwork would have done that
And lets not forget that Democrats had control of the process. They could have ended it whenever they chose. If proceedings threatened to retard Bidens agenda, they could have bailed. Until then theyd have laid bare Trumps malfeasance.
Chance abrogated. Sigh.
Still, there is the lesson of Benghazi. Lets keep those Trump hearings coming.
PutGramaOnThePhone
(236 posts)Articulated what I cant seem to.
treestar
(82,383 posts)So true! Not like it is on TV!
And most people realize they could not do what a doctor or an architect does, but every person is a graduate of the Law and Order Perry Mason School of Law!
George II
(67,782 posts)....during the impeachment trial of a president, like they're experts on impeachment trials of presidents (all FOUR of them in 240 years!)
I didn't see anyone complaining about "politics on a political discussion board". Who did that? Anyone?
Autumn
(46,827 posts)"amateur Perry Mason opinions" then that person should be willing to openly put their credentials in front of their opinion. That way we know their opinion has validity and it's not just another "amateur Perry Mason opinion" There's an old saying, those who talk don't know, those who do know don't talk.
You didn't see a complaint about "politics on a political discussion board". George because no one complained about about "politics on a political discussion board".. No one. Now excuse me while I go laugh my ass off and shake my head.
PutGramaOnThePhone
(236 posts)IMHO...thank you for adding such a pithy, concise post, that hits a real sweet spot of agreement with me 😁
Autumn
(46,827 posts)what our party members do whether what they are going is good, bad or puzzling to some. All to often people get attacked for voicing their opinion or asking questions. It's like people on FB who try to prevent discussion, I call them armchair control freaks.
Response to Autumn (Reply #40)
Gothmog This message was self-deleted by its author.
Gothmog
(156,305 posts)These attorneys have agreed with the OP. The attacks on the decision of the House Managers to accept the statement of the representative in question was a good decision
Starfishsaver's post did a great job of explaining this decision.
George II
(67,782 posts)Last edited Tue Feb 16, 2021, 08:07 AM - Edit history (1)
....but apparently you thought so when you said this, contradicting yourself:
https://www.democraticunderground.com/100215114438#post23
Curious, eh?
It also should be noted that you didn't bother to comment on the extensive qualifications that you so eagerly questioned, i.e., "What exactly are your qualifications?" after insultingly characterizing them as merely "another amateur Perry Mason opinion".
So, you took the time to smugly respond to me but didn't bother acknowledging those qualifications that you questioned. Why is that?
However, you are correct. To use your own old words here, "there's an old saying, those who talk don't know, those who do know don't talk."
Quoting you again, " Now excuse me while I go laugh my ass off and shake my head."
NurseJackie
(42,862 posts)stillcool
(32,844 posts)I think there might be such a thing as reading abuse. When cacophony of surly voices, spewing crap they can't possibly know, is the majority of posts, it's check-out time.
Steelrolled
(2,022 posts)when in fact it was just stupid, pointless politics. I was happy to see the "prosecutors" cut it short.
cachukis
(2,788 posts)Personally, I'm liking the discussion. Progress only follows challenges.
Prof.Higgins
(194 posts)a plethora of political commentators the catnip they crave to concoct their favorite "Democrats in disarray" bulldust.
I challenge a single DU poster to make a sound argument that there has ever existed a sufficient % of Republican Senators who would have voted to convict Trump based on the testimonies of witnesses. Indubitably, these Republicans were locked into their bogus excuse for the acquittal of Trump ever since then Majority Leader McConnell refused to commence the trial while Trump was still in office.
Furthermore, I find it impossible to believe that any witness the House Managers had been able to call would have made as powerful an impact upon American voters as Minority Leader McConnell's excoriation of Trump's actions delivered soon after the impeachment vote and today in the WSJ.
Republicans in disarray!
PutGramaOnThePhone
(236 posts)on DU by a bunch of amateur armchair Perry Masons, or armchair amateurs, or whatever, really give Chuck Todd anything? Me thinks what he and his ilk get comes from far dirtier places, starting with from their asses.
I think Im newer here than you Prof. I sure hope I havent missed that I was supposed to pick up my DU talking points on the way in.
Genuine props for using catnip in your post - it makes me feel that the writing could only of come from a very nice person; and hesitant to give you a hard time 😊.
Peace and respect.
flying rabbit
(4,796 posts)public wasn't going to be glued to the TV breathlessly awaiting each contested subpoena testimony. Start a separate investigation, gather the facts that way and move on with Covid relief.
TomSlick
(11,989 posts)Bobstandard
(1,740 posts)Might be more important in the long run. So keep it up Dems
StarfishSaver
(18,486 posts)would have been entered into the record. It would not have been seen live on television.
So all of the "if only people could have seen them testify" claims - as if seeing McCarthy and Butler testify about a phone call would have resulted in a seachange in public opinion sufficient to change any votes - are just pipe dreams based on a fantasy.
monkeyman1
(5,109 posts)Hermit-The-Prog
(36,628 posts)PutGramaOnThePhone
(236 posts)BobTheSubgenius
(11,821 posts)Also important here...the managers proved themselves to be VERY competent, organized and as confident as one can be under those circumstances. I, for one, am convinced they were in the best position(s) to make the call.
If any are aggrieved, maybe they can find some experts in their own home town they can observe and criticize, live and in person. I'm sure they will appreciate the advice.
coti
(4,625 posts)Yeah. I get it.
You gotta kind of look for the reasons not to do it, but they're around!