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Pick up almost any conservative writing on the role of intentions and one can find broad statements of principle that apply equally well to DJT’s impeachment trial & make clear what a farce the GOP has permitted it to become by blocking the best evidence of DJT’s actual purposes.pic.twitter.com/AXm6488S3S
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Finally, it's worth noting that the greatest champions of intent-based legal analysis in recent decades have been conservative jurists like W. Rehnquist, J. Finnis & N. Gorsuch. Remember The Rights and Wrongs of Abortion? Vacco v. Quill? Masterpiece Cakeshop? The Bybee Memo?pic.twitter.com/fk3pwbxE91
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Thanks,
@johnlegend. I've been trying for a long time to persuade my teenagers that actually I'm a pretty cool Dad, but nothing ever seemed to work ..... until now.pic.twitter.com/COr7FsPOJB
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Apart from a handful of radicals like Bentham, few 18th century writers believed that applying the common law, natural law, or law of nations to a novel fact pattern offended the prohibition on bills of attainder or ex post facto laws. See, e.g., Henfield’s Case & US v Worrall.pic.twitter.com/IF2dPf9pDf
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In the 18th century, references by Blackstone & other writers to “known and established law” generally included not only statutes, but also common law, natural law, and the law of nations. All these laws were deemed to exist, to be "established," and to be known/knowable. /3pic.twitter.com/6xW1TEx3vR
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Likewise, the fact that “the Trial of all Crimes, except in Cases of Impeachment, shall be by Jury” does not entail that all impeachable acts must be crimes. Both clauses make perfect sense if some, but not all, impeachable acts are crimes/offenses against the US. /2pic.twitter.com/4mBr3VkwCK
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As Starr & Dersh present their Con Law arguments to the Senate, it’s worth clarifying four basic points: The fact that the pardon power does not extend to “cases of impeachment” does not entail that all impeachable acts must be criminal offenses against the United States. /1pic.twitter.com/kfBg2BDgZx
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Second, Burke's impeachment of Hastings completely undercuts the legal basis of President Trump's defense.pic.twitter.com/HH8S2hpl4v
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Every fair-minded and impartial Senator should focus attention on two critical facts. First, Burke's impeachment of Hastings played a key role in why the phrase "other high crimes and misdemeanors" was added to the Constitution.pic.twitter.com/KF1W63u8cd
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When Donald Trump's lawyers stand before the Senate of the United States and maintain that abuse of power is a "novel theory" of impeachment, which is "made-up" and "does not state an impeachable offense," their arguments should be met with skepticism.pic.twitter.com/Le7Y2vPsf4
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...Asia, Africa, and all the world over. This I contend for, not in the technical forms of it, but I contend for it in substance." As I have noted, Burke also made "abuse of power" a cornerstone of his impeachment of Hastings.pic.twitter.com/a0GAE1LUQs
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At H's trial, Burke held "that the laws of morality are the same everywhere...there is no action, which would pass for an act of extortion, of peculation, of bribery, & of oppression in England, that is not an act of extortion, of peculation, of bribery, & oppression in Europe..pic.twitter.com/iGbVah23nG
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Unlike Hastings, Burke argued that fundamental moral norms apply to all persons, irrespective of race, geography, or nationality. His soaring rhetoric tapped into many of the same ideals that motivated the American Revolution - ideals with which he generally sympathized:pic.twitter.com/j0arNNM3U0
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…degrees of longitude, parallels, not of life, but of latitudes; as if, when you crossed the equinoctial, all the virtues die…This geographical morality we do protest against; Mr. Hastings shall not screen himself under it.”pic.twitter.com/ppOM3iI9wo
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“Your Lordships know that these gentlemen have formed a plan of geographical morality, by which the duties of men, in public & in private situations, are not to be governed by their relation to the great Governor of the Universe, or by their relation to mankind, but by climates..pic.twitter.com/AblLsSC1bx
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Like Trump, Hastings defended himself by embracing relativism. Because the only form of government India knew was despotism, he argued, his corruption should not be judged by British norms. Burke mocked this idea of “geographical morality” in terms that apply equally well today:pic.twitter.com/PiyfHia3Qa
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Burke’s scathing criticisms of Hastings before the House of Lords could easily be applied to Donald Trump. “He not only [gave] and receive[d] bribes accidentally...he has formed plans and systems of government for the very purpose of accumulating bribes and presents to himself.”pic.twitter.com/OSBBqMdF6L
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Burke championed universal standards of conduct. He thought bribery & corruption were wrong, wherever and whenever they occurred. He impeached Hastings not only for simple bribery, but also for creating an entire system of government that was corrupt and rotten to the core.pic.twitter.com/rCZMeb560V
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Many of us are old enough to remember a time when American conservatives held the GOP to be the "party of ideas,” mocked moral relativism, and put Edmund Burke on a pedestal. Is there anything less “Burkean” than this passage on corruption from the president’s trial brief?pic.twitter.com/3XjDyPrIvw
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