Thursday, January 23, 2020

On the Bidens, Schiff Opened the Door

Andrew C. McCarthyIf they have to testify, they have the Democrats’ chief impeachment manager to thank.

"You opened the door"
"Trial lawyers live in fear of that phrase.
"When a trial starts, both sides know what the allegations are. Both have had enough "discovery to know what the adversary will try to prove. Just as significantly, both know what their own vulnerabilities are. A litigator spends his pretrial time not just laying the groundwork for getting his own evidence admitted by the court; each side works just as hard on motions to exclude embarrassing or incriminating testimony — evidence that would be damaging to that side’s position but that a court may be persuaded to exclude because it is not clearly relevant.
Do you care to make a statement, Mr. Biden?
""For an advocate, it is a coup when the judge rules that harmful testimony is excluded. But such rulings always come with a warning label: Don’t open the door. That is, don’t do anything that makes the otherwise irrelevant evidence relevant."President Trump’s impeachment trial has a Biden door. Adam Schiff has thrown it wide open.
"Not content to quote from President Trump’s actual call with President Zelensky of Ukraine, Schiff insisted on presenting a “parody” that, he maintained, conveyed the unspoken essence of Trump’s message: “I want you make up dirt on my political opponent, understand? Lots of it.”
"In sum, the House’s chief prosecutor represented to the American people that President Trump had asked his Ukrainian counterpart to fabricate a false case against Biden. In any court in America, that would open the door to the Trump defense team to show that this was not the president’s intention at all; he was simply asking Zelensky to look into a situation that cried out for an inquiry." . . .  Full article here.
Toons added by TD

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