Prosecution Rests in Impeachment

The Prosecution Rests

Saturday, January 25 2020, 10:00 AM (EST)

The Senate trail of Impeachment has reached its natural turning point.  After three days of presentation of their case the House Managers rested.  Now begins the presentation by White House lawyers.  This seemed like good time to ‘take stock’ of my observations. 

No, I have not bothered to watch every minute.  Mostly I have bounced around the three cable networks, plus PBS.  CNN and MSN provide “running” coverage but their commentary, to be polite, is less than unbiased.  FOX is not continually broadcasting the trial and tends to overdub with standing talking points.  PBS gives the most neutral commentary.  What follows is one feeble attempt at being neutral.

What Are The Agreed Facts?

As of this writing I have not seen either side disagree on the basics issues at hand:

·        A partial transcript was released of July 25 2019 incriminating phone call.  Time stamps indicate a longer time span than required to read partial transcript; one person in on call stated under oath transcript is ‘incomplete’.

·        Immediately following the call financial aid was withheld from Ukraine on direct order by trump in violation of The Congressional Budget and Impoundment Control Act of 1974 and contrary to Staff and Cabinet level advices.

·        There had been an on-going Ukraine conspiracy specifically involving Rudy Giuliani including multiple persons and extending over a year.

·        White House has deliberately and methodically blocked release of all legally subpoenaed documents, material evidence, and witnesses.

·        White House has not publicly indicated possession of or released any exculpatory evidence or witnesses.

What Are Merely Conjectures?

In essence, the various conjectures observed from both sides include:

·        Fault blamed on ‘Process’ caused by following rules written and imposed on Congress by Republican majorities.

·        Fault blamed on ‘Political’ origins and would not exist if political positions were reversed.

·        To experienced, uninvolved former prosecutors actions by White House of concealing evidence, threatening witnesses, etc. all indicate a ‘consciousness of guilt’.

·        Situation motivated by re-election concerns, thereby validating any crime which may be implicated.

·        Situation motivated by “corruptions” concerns (nowhere else expressed), thereby validating any crime which may be implicated.

·        Demand for investigations into Biden(s) goes to motive and is not exculpatory.  If it were exculpatory Republican controlled Senate Judiciary Committee could subpoena one or both parties.

·        Attacks on ‘Impeachment Managers’ were increased due to lack of factual defense.

What Have I Missed?

Conceding that in the avalanche of the known and unknown much may have been missed; these are my own outstanding issues:

·        No one has argued any of trump’s actions interpreted as ‘unprofessional’ are uncharacteristic of him, and not something he would do.  No one on either side has proposed he is a trustworthy person.

·        Who is following the money?  From 1 to 3 million-dollars is known to have been exchanged; at least $1-million traced directly as being from Russia.  Giuliani, who received $500M retainer, was to be paid $1-2 million annually plus "single digit equity participation" (lawyer-speak for "a piece of the action").  Where in the Ukraine caper does all this money fit?

The Defense may now present its case.