U better listen.

Election Litigation Update - Gohmert.

Reply brief is in. Let's have a look. They are, mercifully, underlength. They had 50 pages available, the PDF is 43 and some of that is cover page, signatures,

Interesting table of contents. Looks like they're packing a lot in, until you realize that much of the material that's important - like their response to the "you sued the wrong person" material and "injury in fact" take up very little space.

Looks like they decided to skip the table of authorities. Presumably GoogleDocWord ate it too bad for them to fix. This will certainly further endear them to the judge.

This is going to be interesting - leading off a reply brief with a "here's what our cause is about" is certainly a strategy. It's even a bold strategy.

Shall we dig deeper, Cotton?

"We live in a democratic republic in which the Vice President, who will more often than not be a candidate in the election, has the sole and unchallengeable power to decide who wins the election" is a hellofa take.

1. Short thread - on the various claims we're seeing from Republican politicians over the last few days that the Democratic push for accountability is "divisive." Damn right it's divisive - that is what it has to be.

2. It is intended to enforce a clear division between those who accept and are committed to democracy and those who are willing to turn to violence when the vote doesn't turn out the way that they want it to.

3. One of the basic implications of Adam Przeworski's theoretic work is that democracy is made out of mutually reinforcing expectations, and those expectations are fragile. If some actors think they would be better off defecting from the democratic bargain, they will.

4. In other words: democracy and armed factionalism are far closer than we think, or we would like them to be. This means that it is incredibly important to police the boundaries between them. Allowing some to turn to violence can lead to expectation collapse and cascading ruin.

5. When we allow the divisions to become blurred, that means that we are running the perpetual risk of things getting fucked up. If a major faction turns to violence, and no-one responds, things can get really fucked up really, really fast.

Everyone calm down. While we don’t know why witnesses weren’t called, we know that the Democrats didn’t “cave.” They’re not hapless idiots. They’re savvy fighters, and they must have had a damn good reason for this. Stop blindly attacking them and let this play out.

For insurance, the DC Attorney General let it be known last night that he’s looking to criminally charge Trump for the insurrection. That’s infinitely more important than impeachment. Perhaps he asked the Democrats not to screw up his prosecution by calling his witnesses.

It’s also possible that one or more of the witnesses changed their story, and therefore it would have backfired.

There are all kinds of plausible explanations for what just happened. “Democrats stupidly caved” is NOT one of them, because these Democrats are NOT stupid or cavers.

We really, really, really need to learn to avoid jumping straight into the “all hope is lost” and “Democrats just stupidly caved” routines. Neither of those things ever ends up being true. When we fatalistically yell that stuff, WE are the ones (unwittingly) causing harm.

We deserve answers as to what happened today, but we’ll get them soon enough.

I warned you from day one not to let the media suck you into the fictional notion that the impeachment trial was crucial, and that he’s “getting away with it all” if he’s not convicted in it.

I'm not a lawyer, but I think this lawyer might not be doing a good job today of being a lawyer

"When you're driving down the street and you look over at your wife and you say, 'hey you know what, that guy is about to drive through the red light and kill that person...'"

"Senators of the United States... they're not ordinary people. They're extraordinary people in the technical sense of extraordinary people."

WHERE IS HE GOING WITH THIS?

This is what you get when your lawyer realizes he isn't getting paid upfront.

IS THE CAT LAWYER AVAILABLE