GOOD MORNING DC: Hard Cases Make Bad Law

#GoodMorningDC. Are you having impeachment fatigue yet? 

Good Morning DC with Chief White House Correspondent  Ksenija Pavlovic Mcateer

Good Morning DC. 

The first day of the Senate impeachment trial is behind us. Trump’s lawyer Bruce Castor bombed his legal performance. Castor's presentation of the defense argument was not to Trump's liking. At Mar-A-Lago, the former president was yelling at the TV set, per multiple sources. “If Trump had Twitter, he would have fired Castor on the spot,” a source familiar with Trump’s thinking told Good Morning DC.

As the impeachment trial is playing out in the public eye as much as in the Senate, Trump was disappointed as he knew that Republicans were paying attention.  

Trump was particularly upset that Castor gave credit to the House managers who presented their case against the former President. He could not believe that his lawyer, Bruce Castor said “We changed what we were going to do on account that we thought the House managers’ presentation was well done.”

Castor's track record is one of losing cases. Good Morning DC looked at the five legal cases Castor did in Pennsylvania.The verdict? Not quite the type of winner Trump likes to associate himself with. 

“There is no argument, I have no idea what he’s doing,” Alan Dershowitz made a comment about Castor’s defense on Newsmax. “ He's introducing himself ‘I'm a nice guy. I like my senators. I know my senators. Senators are great people’ Come on! The American people are entitled to an argument, a constitutional argument,” emeritus Harward law professor was not pleased.

“We know that hard cases make bad law,” Dershowitz continued. “ I probably would have started with there's a hard case, there's an emotional case... He [Castor] did say and I think very appropriately that everybody wants to take revenge when they see a horrible event that took place at the Capitol but then he went off. I just don't understand it. Maybe he'll bring it home but right now but it does not appear to me to be effective advocacy,” Dershowitz concluded.

Why would Trump hire Bruce Castor? No one else was available. The original idea was that Dershowitz and Rudy were going to be on the defense team. However, they were talked out of it because Dershowitz has legal problems right now, and Rudy can become a defendant himself. 

Still, Dershowitz offered free legal advice on television to the former President by saying that the former president’s case should soon introduce the video with examples of similar rhetoric that Democrats have used in the past; not to try to condemn the people on the Democratic side but to make a point. 

“This is America, this is the American tradition, people have been making inflammatory speeches and somebody's inflammatory speeches have caused harm and that’s the price we pay for our First Amendment,” said Dershowitz. 

“You don't go after the speaker, you go after the person who does the harm,” Dershowitz went back to 1801 to quote Jefferson. “That's the American way, that's what the First Amendment does,” Dershowitz was on fire.  

During the trial, Democrats presented as part of their evidence, the edited video montage of failed insurrection at the US Capitol.

"Amazing how deceptive the editing is from the very beginning," Will Chamberlain, a lawyer and co-publisher of Human Events said on Twitter. "Raskin's video includes President Trump saying 'we are going to walk down to the Capitol' while omitting his request for his supporters to 'peacefully make their voices heard.'” Don Jr. agrees. 

“We cannot create a ‘January exception’ for the President of the United States.  Our democracy survived this terrorist mob on January 6.  But an attempted coup that is not punished is simply a warm-up for the next time,” said Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee.

Across the pond, the UK government is making hotel quarantine mandatory for all UK nationals and residents returning to the country from  33 "red list" Covid-19 hotspots. The costs of the quarantine will be £1,750 per person, Health Secretary Matt Hancock has announced. 

What will Biden do today?

At 9:30 AM EST, Biden and Harris will receive the President’s Daily Brief in the Oval Office. 

At the Pentagon, at 2:00 PM  EST Biden and Harris will meet with the Secretary of Defense and other senior military and civilian leadership. There, they will tour the African Americans in Service Corridor. 

White House COVID-19 response team will give the latest public health updates at 11 AM EST.

Senators Rick Scott and Josh Hawley introduced the World Health Organization (WHO) Accountability Act to “hold the WHO responsible for its role in helping Communist China cover-up information regarding the threat of the coronavirus.”

Senator Josh Hawley said, “Time and again, the World Health Organization has prioritized advancing the Chinese Communist Party’s interests over building a healthier world. Dr. Tedros and other WHO leaders must be held accountable for this dereliction of duty, and the WHO must undertake comprehensive reform before it is allowed to benefit from U.S. tax dollars once again.”

 Press Secretary will hold a press briefing at 12:30 PM EST.

At the State Department, Spokesperson Ned Price will brief the press. at 2:30 PM EST.

That’s a wrap for this Wednesday morning.  Are you having impeachment fatigue yet? Good Morning DC will be here tomorrow to bring you the most relevant first. 

***

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