Those who watch fictional trials on TV think defending or prosecuting cases is about developing a defense or theory of the case that sounds good, makes you feel good, is plausible, is creative, or your pals like.
No—a good defense is 100% true. That ensures it never falls apart.
You can't prosecute *or* defend a case by arguing over whether inconvenient facts will show up at trial. They will. They always do. The best defense—the only *responsible* defense—is one that doesn't whine about certain facts being true-but-inconvenient, but *prepares* for them.
Because an impeachment trial is a political trial, you've got many folks with no legal background—who shouldn't be within a mile of defense strategy—thinking that by watching fictional TV trials they've a good sense of how a defense or theory of a case is developed. They *don't*.
Few out there are more vehement about the threat Trump poses to America than me. But as a trial lawyer, I *also* know Trump's impeachment defense won't be babbling; *any* fact that's *true* but *also* inconvenient/hurtful to Democrats *will* come out—so we must confront them now.
You can follow @SethAbramson.
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