“There is an old saying among lawyers: “If the facts are against you, argue the law. If the law is against you, argue the facts. If both the facts and the law are against you, wave your arms a lot.” So far, my impression is that President Trump’s lawyers are doing a lot of arm waving. They are very sophisticated arm wavers. However, both the facts and the law generally support the House arguments in favor of impeachment and conviction.
The arguments presented by President Trump’s lawyers present a very distorted view of the respective powers of the President and Congress. The Constitution generally divides power between Congress and the President. The President’s lawyers, in their arguments, present a vision of separation of powers in which the President is virtually omnipotent and Congress is very, very weak. If that view was generally accepted, it would do real harm to our constitutional system. However, I don’t think a Senate decision to acquit the President would indicate that the Senate accepts the President’s constitutional arguments.”;