Impeachment 2.0: Opening Arguments

Impeachment Day 1 in the Senate was an incredible display of contrasting styles of legal arguments. Check out the opening statements. On one hand, you have House Impeachment Manager Raskin's opening. It was clear, concise, and supplemented with helpful visuals. It was organized around a single theme: the ridiculous and dangerous idea of a "January exception" in Presidential conduct subject to impeachment. This would be an exception applicable in the most desperate time for a sitting President during which the temptation for misconduct is particularly high. Mr. Raskin provided useful examples to bolster his position on legislative intent. He didn't even miss the emotional appeal; the video was powerful, well edited, and makes a link in the viewer's mind between the President's words and the actions of his followers on January 6th.

On the other hand, you have the opening presented by Trump's attorney, Mr. Castor. It was freewheeling, rambling, and bizarre. He began with an old-timey tone, spent considerable time looking back at his own loosely connected memories, and then moved into a long-winded section that seemed aimed at buttering up the Senators with descriptions of how great they are and how important the body is. I tried to follow the reasoning--there was an odd definition of manslaughter vs. murder, a few shades at a vague 1st amendment argument, some anger about interpretation of the 14th amendment, and finally an admission that he threw out his prepared remarks because--and I'm not making this up--the House Impeachment Manger did a good job with his opening. Mr. Castor even tossed in the aside that, hey, you could just arrest Trump--HIS CLIENT--for his crimes. Why bother with impeachment?

I don't envy the Trump team's task. They have a reprehensible client, and they face a steep challenge in an inherently politicized process. That said, they accepted the challenge, and the money, and the spotlight.

There are a wide range of styles that could be considered competent. See if you think this is one.

House Impeachment Manager Jamie Raskin Opening

Powerful Video played during House Impeachment Manager's Opening

Trump's Attorney Bruce Castor Opening