Impeaching By The Gross? Green Says House Could Impeach Trump Repeatedly

We have previously discussed Rep. Al Green’s remarkably low and fluid standard for impeachable offenses. It now appears to be not only low and fluid but repetitive. On Thursday, the Texas Democrat said on C-Span that a “president can be impeached more than once” and that there is “no limit” to how times the House might want to impeach Trump. In my testimony before the House Judiciary Committee, I warned that this incomplete record would lend itself to a type of impulse-buy impeachment. Green’s remarks raises the specter of not just impulsive but compulsive impeachments.

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Musk Defamation Trial Continues With Discussion Of His Wealth Before The Jury

The defamation trial against Elon Musk is unfolding in Los Angeles, but one story caught my eye from a litigation perspective. Yesterday, the federal judge in Unsworth v. Musk, 18-cv-08048, overruled an objection and ordered Musk to tell the jury how much he is worth. It was a surprising and troubling bench decision in my view. Most judges bar such questions to avoid prejudicing a jury. When a jury hears that someone is worth $20 billion, it can make a verdict and award seem like chump change in the jury room. While I greatly respect his brilliance and accomplishments, I have little sympathy for Musk in the case. He is being sued for a tweet calling a diver a “pedo guy” after he criticized Musk’s effort to rescue trapped kids in a Thai cave. Musk seems to be relying on a Trump-like defense that he just let’s it rip on Twitter and it was a flippant moment.

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“Demonstrably False”: It Is Not True That The Johnson and Clinton Impeachments Had Shorter Impeachment Investigations

Today I posted a column addressing a false story circulating on MSNBC and other outlets that my testimony in the Clinton and Trump impeachments are in contradiction. In fact, the testimony is so close that I could be charged more with self-plagiarism than self-contradiction. However in the hearing there was another clearly false statement put into the record by the Democratic members: that I am “demonstrably wrong” in saying that this could be the fastest or shortest impeachment in history. While the effort is clearly designed to encourage people not to seriously consider my criticism of the record and process in this case, a little history — and my actual testimony — might be helpful.

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“Agitated Passions”: A Response To Chairman Nadler Et Al.

In the wake of yesterday’s hearing, my office and home have been inundated with threats from people irate over the fact that I would question the sufficiency of this record for impeachment. There has also been a couple of facially false narratives that have been aired and are being widely disseminated without any apparent fact checking or analysis. I have addressed one historical point separately. In recognition of Sen. Pat Moynihan’s view that “everyone is entitled to his own opinion, but not to his own facts,” I have published a column on these attacks: Hill Column

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TURLEY TESTIFIES AT TRUMP IMPEACHMENT HEARING

This morning I will be testifying at the House Judiciary Committee in the opening hearing into the impeachment of President Donald J. Trump. My testimony is available below.

It has been roughly 20 years since I testified at the same hearing in the impeachment of President William J. Clinton and roughly 10 years since I was lead counsel at the last Senate impeachment trial (with my co-lead counsel Daniel Schwartz).

The hearing will be held at 10:00 am in 1100 Longworth House Office Building, Washington, DC 20515. It is open to the public.

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Adam Schiff’s Capacious Definition of Bribery Was Tried in 1787

The Trial of Warren Hastings

Below is my column in the Wall Street Journal on case that may be looming in the background of tomorrow’s opening hearing in the House Judiciary Committee on the impeachment of President Donald J. Trump.

I have been called to testify at the hearing. With only a few days to prepare, I will be completing my testimony today and I will hopefully post it before leaving for the hearing in the morning. This is a daunting but not unfamiliar challenge as an academic. It has been 20 years since I testified at the Clinton impeachment hearing with other constitutional and historical experts on this same question. It has been 10 years since I served as the last lead counsel (with Dan Schwartz) in the impeachment trial of Judge Thomas Porteous. The hearing will begin at 10:00 am in the Longworth House Office Building.

Here is the column:

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Worse Than Watergate? The Calls For Impeachment Outstrip Historical Sources

Below is my column in The Hill newspaper on the recent comparison of Chairman Adam Schiff and others to Watergate. It is not the first time that the rhetoric has outpaced the law of impeachment. However, if we are to have a meaningful exchange about impeachment, we should make a good-faith effort to agree on the historical facts.

Here is the column:

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White House Honors K-9 Serving In al-Baghdadi Raid

By Darren Smith, Weekend Contributor

Earlier this week, a special four-legged hero named Conan was honored at the White House.

The military K-9 was injured in the October raid that led to the death of ISIS leader Abu Bakr al-Baghdadi in Syria. Fortunately, the commando dog has since made a full recovery.

This is not the first time that this breed of dog was used in a special operation. Back in 2011, a Belgian Malinois named Cairo accompanied Seal Team Six to track down Osama Bin Laden.

As predicted, some Americans are cashing in on Conan’s legacy as the war dog already has multiple Facebook pages, ‘Zero Bark Thirty’ t-shirts, and even held a press conference on SNL.

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Turkey Torts (2019)

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Many criminal defense attorneys and torts attorneys give special thanks for a holiday that can involve copious amounts of alcohol, strained family relations, over-the-hill amateur football players, “Black Friday” sale stampedes, and novice cooks.  These cases are why Johnny Carson said “Thanksgiving is an emotional holiday. People travel thousands of miles to be with people they only see once a year. And then discover once a year is way too often.”

Have a happy and safe Thanksgiving!

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How Devin Nunes’ Lawsuit Threat Could Undermine Donald Trump’s Impeachment Defense

Below is my column in USA Today on Rep. Devin Nunes, the ranking member of the House Intelligence Committee, threatening lawsuits against the media. It will not come as a surprise of many that I opposed such lawsuits from a free speech perspective, but this effort could also ultimately undermine the position of the White House.

Here is the column:

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HAPPY THANKSGIVING!!!

Happy Thanksgiving to everyone. We began this day with the Turley Turkey Bowl with our tradition of a rousing football game with our neighbors and family.  It is always the McLean Bears versus the McLean Redskins. The score this year was a 7-7 tie with some spirited and creative play. The Turley Turkey bowl is a tradition that has been held for over 50 years and I remain the longest serving Bears coach in football history. We then follow with my favorite meal of the year with roughly a large assemblage. This year we have family from gathered for a two turkey dinner.

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How Democrats Can Build A Stronger Case To Impeach President Trump

Below is my column in the Hill newspaper on what the Democrats would have to do to build an actual case for the removal of the American president. I have previously said that abuse of power is impeachable, but it is the most difficult of potential impeachment claims. Once again, impeachment does not require a criminal allegation but it does require clarity. It also requires a complete and compelling record. This record is neither complete nor compelling on proof of an impeachable offense.

Rather than continuing to criticize the record, below is an effort to lay out a possible case for impeachment.

Here is the column:

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WSJ: Trump Knew About Whistleblower Complaint In August

The Wall Street Journal is reporting that President Donald Trump was briefed on the whistleblower complaint earlier than previously assumed. The Journal says that the briefing by White House counsel Pat Cipollone and National Security Council attorney John Eisenberg occurred in August, not September. That could offer significant support for the narrative of the Democrats in the ongoing impeachment effort.

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Wrong Guy: Former Pentagon Aide Fuels Speculation Before Admitting He Is Not “Anonymous”

Former Pentagon aide Guy Snodgrass has finally denied that he is “Anonymous” — the author of the book “A Warning.” That was however before he milked the speculation to awkwardly hawk his own less-than-sizzling book. In a Fox interview with Trace Gallagher, Snodgrass went out of his way to tease the speculation while shamelessly pitching his book to try to generate buzz. The curious effort seemed to do little to increase book sales but it certainly generated an abundance of criticism of the previously unknown former speechwriter to former Defense Secretary James Mattis.

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Court: McGahn Must Appear To Testify Before Congress

Federal District Court Judge Ketanji Brown Jackson delivered a victory for Congress  in a 120-page decision that former White House counsel Don McGahn must appear for testimony before the House Judiciary Committee.  I previously wrote that the White House was wrong in blocking the appearance of witnesses like McGahn as opposed to invoking executive privilege over certain areas of testimony.  Accordingly, I believe the opinion is the correct one but this does not end the struggle with Congress. Indeed, it may be just the beginning of the real struggle over privilege as opposed to immunity. Update: As expected, McGahn is appealing the ruling which will certainly achieve the purpose of delay but ultimately magnify the loss in precedent for the White House.

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