Teri Kanefield @Teri_Kanefield Author, Lawyer (U.C. Berkeley) My threads are here: terikanefield-blog.com/ Bio here: terikanefield.com/about-me George Papadopoulos called me deluded Sep. 19, 2019 3 min read

(Thread) Impeachment Hearings have Begun

[Here's a summary of my comments on the Lewandowski hearing]

If you missed the hearing, it's here:  https://www.c-span.org/video/?464369-1/corey-lewandowski-i-obligation-honest-media 
To get a taste of Republican tactics, watch the first 30 minutes. Then watch Berke’s cross examination at the end.

1/ The question of the day seemed to be: Why wasn’t Lewandowski held in contempt and arrested?

Short thread⤵️ No need need. He gave the Democrats what they needed.
Art. 3 for Nixon’s impeachment was that he impeded the House’s power of impeachment. . .

2/ . . . in a subversive manner—exactly what happened in Lewandowski's hearing.

A bonus from the hearing was Lewandowski's senate campaign will be saddled with soundbites that he lied to the media.

I think one problem yesterday may have been unrealistic expectations.

3/ People have been arguing that Trump impeachment proceedings will look like Nixon’s: Once public hearings start, the truth will come out and Trump’s approval will plummet.

I've been warning that this probably won't happen.
The current Republican Party isn't Nixon's GOP.

4/ What was then the fringe has taken over. In the 70s, the parties hadn’t completed their platform shift. See: …

Mitch McConnell and Lindsey Graham types would have probably been Democrats.

Now the GOP is reactionary. See:

5/ When the truth came out, Nixon was cooked—because the truth still mattered to the Republican Party.

John Dean said Nixon might have survived if he'd had Fox News.  https://www.politico.com/magazine/story/2018/01/02/john-dean-nixon-might-have-survived-if-thered-been-a-fox-news-216207 

In fact, today's right wing media was created to protect future Nixons.

6/ Perhaps another false expectation is T.V. drama. Real life lawyers are usually just trying to get certain facts into the record. Witnesses often don't realize they were led into traps, even when they blurt.

Lewandowski did a lot of stonewalling.
He also some blurting.

7/ Now for the cries of “WTF is taking so long?”

The House got started in March. (Earlier the government was shut down).

The White House is stonewalling at every turn. Everything has to be litigated.

Here's Nixon's timeline

8/ Mueller told us why he didn’t issue subpoenas:
“We did not want to exercise the subpoena powers because of . . necessity of expediting the end of the investigation.”

 https://www.nbcnews.com/politics/congress/full-transcript-robert-mueller-house-committee-testimony-n1033216 

I took that to mean the public didn’t have the patience to wait out the process.

9/ People have been demanding that impeachment happen Right This Minute.

These calls are coming from the GOP as well as the left.

Notice how often in Lewandowski's hearing the Republican Congress members accused the Democrats of dragging their feet? (While they stonewalled!)

10/ Demanding results This Minute may cause things to be wrapped up before all the evidence is uncovered.

Here’s a sampling of what people on Twitter told me when I said I didn’t think we should slam Democratic leadership or urge Democrats to “fight like Republicans.”

11/ It seems to me that anyone watching the Lewandowski hearing will see that the GOP looked like smug, obstructing, childish brats.

The Democrats, meanwhile, were trying to hold order, get to the truth, and expose the White House obstruction for what it was.

12/ In fact, think it was that smug bratty defiance that made people want to throw Lewandowski into jail.

This is not to say that people will not be held in contempt.

But responsible governing should be methodical and measured, not impulsive or rage-based.

13/ I say the Democratic leadership should be measured, careful, and methodical.

Polls show that most people don’t want bluster and defiance.
(Well, some want to see people slug it out).

For more on why fighting fire with fire is a bad idea, see⤵️

14/ One way to get rid of Trump is to fight fire with fire, which will probably destroy our democratic institutions along with Trump.

Or we can use what David Pozan calls “anti-hardball tactics” so that there will be less rebuilding later.
 https://www.lawfareblog.com/hardball-andas-anti-hardball 

15/ Here are these ideas as a blog post, entitled:

Impeachment Hearings Have Begun.
Put Away Your PItchforks 👇

I think we should beware of people trying to stir our rage. It doesn’t lead to good government.
 https://terikanefield-blog.com/impeachment-hearings-have-begun-put-down-the-pitchforks/ 

(Sorry for typos in that timeline I made)

People are commenting on Tweet 8, saying that they think Barr told Mueller to wrap it up.

It appears to me from the timeline that Mueller made the subpoena decisions long before Barr became AG.

I see no reason not to take Mueller at his word. He was speaking under oath.


You can follow @Teri_Kanefield.



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