OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break
Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept
the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.
It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly
Also - 30 pages is an incredibly long statement of facts. Most full-length briefs aren't that long. So expect it to be very, very detailed. That's important, because the primary argument on incitement is "given the context, these words incited the attack" - so the context is key
The argument section is broken up - smartly, I think - into three separate chunks.

1) Why, on their own merits, Trump's conduct requires conviction
2) Why Trump's defenses don't fly
3) The Senate can convict Trump even though he's out of office
Again, there are some key strategic choices being made here. The section on Trump's conduct conspicuously - and, I'd have to assume, deliberately - does NOT identify any supposed statutory crime. These are purely political offenses
Another (smart) strategic choice: Attacking the defenses in separate sections, rather than interweaving the response with the affirmative case. Those defenses are likely to be the core of the Trump response, not factual argument, so they need to be addressed prominently & head on
Last (for this break, we'll be back) take a look at the page counts. They spend 6-7 pages (36-42) on the affirmative case. Another 6-7 pages (42-48) on the various defenses *other* than "but I'm an ex-President!"

And 27 pages - again, a whole brief by itself - on "ex-President"
That tells you a lot about where the House is losing votes.

They're pretty confident that they can get whatever R-votes are gettable on the basics; after all, those Senators lived through the Capitol assault, they know what's what. But ...
They may need to convince a bunch of even those unicorns - GOPers who'd be willing to convict on the merits - that they can't acquit based on "he's already out of office"

So that's where they'll spend their substantive time
OK, client work awaits. We'll pick this up again later

More from Akiva Cohen

More from Culture

You May Also Like

A brief analysis and comparison of the CSS for Twitter's PWA vs Twitter's legacy desktop website. The difference is dramatic and I'll touch on some reasons why.

Legacy site *downloads* ~630 KB CSS per theme and writing direction.

6,769 rules
9,252 selectors
16.7k declarations
3,370 unique declarations
44 media queries
36 unique colors
50 unique background colors
46 unique font sizes
39 unique z-indices

https://t.co/qyl4Bt1i5x


PWA *incrementally generates* ~30 KB CSS that handles all themes and writing directions.

735 rules
740 selectors
757 declarations
730 unique declarations
0 media queries
11 unique colors
32 unique background colors
15 unique font sizes
7 unique z-indices

https://t.co/w7oNG5KUkJ


The legacy site's CSS is what happens when hundreds of people directly write CSS over many years. Specificity wars, redundancy, a house of cards that can't be fixed. The result is extremely inefficient and error-prone styling that punishes users and developers.

The PWA's CSS is generated on-demand by a JS framework that manages styles and outputs "atomic CSS". The framework can enforce strict constraints and perform optimisations, which is why the CSS is so much smaller and safer. Style conflicts and unbounded CSS growth are avoided.