Teri Kanefield
+ Your AuthorsArchive @Teri_Kanefield Author, lawyer (UC Berkeley) My threads are here: terikanefield-blog.com/ NBC News Opinion contributor Impeachment notes: impeachment-trump.com/ Oct. 01, 2019 3 min read


No, and whoever is creating this kind of panic and expectations are doing a great deal of damage.

This is not a criminal trial in which the "defendants" can refuse to turn over evidence and then claim that the prosecutors didn't meet their burden of proof.

2/ Impeachment hearings are not criminal proceedings. The "defendant" (President) does not have the usual protections in criminal trials.

See my thread on Trump's "defenses"

In particular, see parts beginning here:

3/ If the Trump administration refuses to turn over evidence, they look guilty.

Sometimes in civil trials (non-criminal) the burden of proof can shift to the defendants.

After what is called a prima facie case is made . . .

4/ . . . (prima facie = "on its face") the burden shifts to the defendant to prove that he didn't do what it appears he did.

The burden can shift if the defendant is the only person with the evidence.

@tedlieu understands how to frame it:

5/ In a criminal trial, a defendant can cross his arms over his chest, refuse to talk, and say "prove it."

The burden is on the prosecutor then to prove each element of the crime beyond a reasonable doubt.

Trump WANTS everyone to think this is analogous to a criminal trial.

6/ He WANTS people to think he's entitled to all the protections of a criminal defendant.

Those protections exist because if a person is convicted of a crime, he loses his rights to his liberty, property, or even his life.

POTUS in an impeachment trial faces no such jeopardy.

7/ Impeachment and removal are about removing a corrupt president.

Refusing to hand over evidence is further evidence of corruption.

Refusing to hand over evidence is further evidence of law-breaking.

8/ Hand-wringing and crying: "OMG Trump & Pals are stonewalling Congress! They will to destroy democracy!" helps Trump because it:
💠creates panic,
💠undermines confidence, and
💠encourages cynicism
which happen to be the same goals of Russian Active Measures.

Instead . . .

9/ Instead, we should be saying, "HA! See how guilty they are? Why are they refusing to testify? Why are they hiding evidence? Because they are GUILTY."

This will help get public opinion behind impeachment and removal.

Also, it's the truth.


You're welcome.

Me with garden hose (or squirt gun) trying to put out the forest fire of panic.

It's GREAT that people are engaged. But we can't wear out.

Trump wants to discourage people and wear them out. Because then he wins.

I predict this will go quickly, meaning Articles of Impeachment by Thanksgiving (or the end of the year) and trial. . .

. . . in 2020.

By all measures, that is swift.

It's also weeks and months of stress, crises, and spectacle.

Take breaks. Get off Twitter. Get busy. See my list if you don't know what to do ⤵️

I'm putting this here because I love the idea.

I'm putting in lots of volunteer hours doing voter protection legal work. I often spend a few pleasant moments wondering what I'll do with my spare time when the crisis is over (in January 2021)

All my threads are also blog posts.

You can read this one here

Notice how Rep. Schiff is framing this.
Simple fact: Intimidating or preventing witnesses from testifying simply adds evidence to the obstruction charge.
Moreover, it demonstrates that there is underlying illicit activity.

For people who still prefer Facebook, I also post my blog entries on a Facebook author page:  https://www.facebook.com/terikanefieldauthor/ 

You can follow @Teri_Kanefield.


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