BARR: The Impeachment Trial Briefs Are In, And The Winner Is…
The House impeachment managers and the lawyers for President Donald Trump have both filed their memorandums for the Senate impeachment trial which gets underway in earnest today. While the two documents are nearly identical in length, the president’s is by far the stronger document.
Neither memorandum breaks new legal, political or constitutional grounds, but there was no expectation they would. The only “new” evidence – if it can be characterized as such – is that the managers’ memorandum includes references to matters that came to light in the month since the two Articles of Impeachment were passed by the House. The managers discuss statements recently made by Ukraine-American operative Lev Parnas in television interviews and refer also to a Government Accountability Office memorandum released last week after being requested by Democratic Maryland Sen. Chris Van Hollen. The GAO report found fault with the grounds on which the Office of Management and Budget temporarily delayed the release of military assistance dollars to Ukraine last summer.
Even if the Senate decides to consider this “new” evidence, however, it adds nothing to the underlying question confronting the upper chamber – whether President Trump is guilty of the offenses alleged against him by the Democrat majority in the House and should be removed from office. If the grounds on which this seminal question is to be answered are to be gleaned from these first filings, the answer is a resounding, “Not Guilty.”
While the trial brief filed on the president’s behalf is over 100 pages long, the operative language, capturing the full essence of why the Senate trial should result in acquittal, is set forth in the preliminary “Answer” filed last Saturday and which continues as a central theme throughout the memorandum: “[the] Articles of Impeachment are constitutionally invalid on their face [and] fail to allege any crime or violation of law whatsoever, let alone ‘high Crimes and Misdemeanors,’ as required by the Constitution.”
https://dailycaller.com/2020/01/21/former-rep-barr-impeachment-briefs-trump/