Lawyer Examines Impeachment Defenses (Real Law Review)

  • Published: 26 November 2019
  • What defenses do the Trump Administration defenders have left?
    Get 3 months of Audible for just $6.95 a month (That’s half off!). Just text legaleagle to 500 500 or click

    From the New York Times:
    “Republicans mounted an array of defenses of President Trump at this week’s impeachment hearings — making arguments that at times seemed to conflict with one another logically, but that dovetailed in a key way: All served to undermine Democrats’ allegations that Mr. Trump abused his power. In angry statements from the hearing dais, lines of questioning to witnesses and comments during breaks to reporters, Republicans sought to poke holes in the strength of evidence that Mr. Trump personally put a condition on the government committing official acts — namely, that Ukraine publicize investigations that could benefit him. But at other times, Republicans suggested that Mr. Trump’s pursuit of those investigations was justified — reading into the record related facts and allegations about Ukrainian actions in 2016 and about the Ukrainian gas company Burisma and its decision to give Hunter Biden, the son of Vice President Joseph R. Biden Jr., a lucrative board seat.”

    As I see it, here are the main Republican legal defenses:
    No quid pro quo
    It’s all hearsay
    The aid was released (the Sideshow Bob defense)
    The Ukranians didn’t feel pressure (no harm no foul)
    The Ukranians didn’t have to pay
    No mens rea
    It’s foreign policy
    The state department went rogue
    The President must root out corruption
    It’s bad but not impeachable

    Great article by Elie Mystal, who you should definitely be following
    I also recommend Orin Kerr:
    And definitely read Neal Katyal:

    (Thanks to Audible for sponsoring this video)


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Comments • 10 212

  • LegalEagle
    LegalEagle   2 weeks back

    ⚖️ What do you think of the republican defenses?
    📚 Check out Neal Katyal’s great book Impeachment on Audible for half off:

    • Jasho Beam
      Jasho Beam  2 weeks back

      You are not a legal eagle you are just another leftist partisan hack!

    • Peter Gostelow
      Peter Gostelow  2 weeks back

      @alex kirrmann

      Does that mean you want to know why Biden gave Ukraine $1B in 2015 as a quid-pro-quo? And then it disappeared.

    • Peter Gostelow
      Peter Gostelow  2 weeks back

      @Kavik Kang

      I was trying to respond to the video, but got fed up and read the comments. I should have given your response. I'm certain he knows this is a coup against the people. This is their fourth attempt and they're going for their fifth.

      1) Manaford, Papadopoulos (campaign manager, advisor)
      2) Mueller investigation (Spygate)
      3) Epstein (kids for rich)
      4) Ukraine (impeachment)
      5) Stone, Giuliani (bribery, money laundering)

      I agree, the worst part is that the impeachment inquiry is unconstitutional. The house may have the right to decide the procedure to follow, but not the legal framework that the consitution defines. When you don't provide a crime and refuse to allow defense witnesses, then there is no defense to make. And even after all this, the impeachment is a failure, no offense.

      Also, Trump wants to be impeached because the Senate will hold a trial, where Trump will be able to defend the charges, subpoena the whistleleaker, Schiff, and many others involved in the coup. Then criminal cases can be drawn up.

      I think any call for impeachment must result in treason/sedition charges where the impeachment fails. Checks and balances.

    • Admiral Ackbar
      Admiral Ackbar  2 weeks back

      @Patrick Foxchild Look no further .............. for a Dunning Krurger

    • Peter Gostelow
      Peter Gostelow  2 weeks back

      @Jacob McMahan

      "@O'honey I think you don't know what you're talking about."

      Neither does LegalEagle evidently. The impeachment is imploding and a last gasp from the 2015 coup attempt, but the Dems are pivoting onto Guliani now. Lets hope neither Stone nor Guliani end up like Epstein.

  • Chip Chapley
    Chip Chapley  26 minutes back

    better to agree with ben shapiro (a lawyer) than alex jones(a satirical bat shit crazy loon)

    • Red Nova
      Red Nova  48 minutes back

      "I would like you to do me a favor though. I know because my neighborhood has been through a lot and the west end knows a lot about it. I would like you to find out what happened with this whole shooting situation with the west end, they say enforcers... I guess you have your reppin people... the thugs, they say the west end has it. There are a lot of things that went on, the whole situation. I think you're surrounding yourself with some of the same people."

      Does the sentance 'I would like you to do me a favor though' mean BRIBERY?
      Full context needs to be given. Asking a favor isn't exclusive to a bribery statement. I ask my friends for favors all the time, and they ask me in turn. It doesn't mean they're holding something over me, or will reward me monetarily or anything. Cherry picking small bits out of a full conversation is deceitful, and quite frankly shameful. And it's the main reason Trump is on social media so much, rather than letting the news handle all of his stories, because they pick and choose things to twist the story to their narrative.
      The left call the right nazi's while attempting to hang free speech, and spout socialist and communist propaganda, not knowing that their very actions mirror what Nazi's did more closely than any republican.

      • James Love
        James Love  3 hours back

        God Emperor Trump cannot be stumped. The lion will roar at 2 AM EST again.

        • Bart Johnson
          Bart Johnson  4 hours back

          I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it.
          I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike...
          I guess you have one of your wealthy people... The server, they say Ukraine has it.
          There are a lot of things that went on, the whole situation.
          I think you're surrounding yourself with some of the same people.
          I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it.
          As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance,
          but they say a lot of it started with Ukraine.
          Whatever you can do, it's very important that you do it if that's possible.

          Good because I heard you had a prosecutor who was very good and he was shut down and that's really unfair.
          A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved.
          Mr. Giuliani is a highly respected man. he was the mayor of New York City, a great mayor, and I would like him to call you.
          I will ask him to call you along with the Attorney General. Rudy very much knows what's happening and he is a very capable guy.
          If you could speak to him that would be great.
          The former ambassador from the United States, the woman, was bad news and the people she was dealing with in the Ukraine were bad news so I just want to let you know that.
          The other thing, There's a lot of talk about Biden's son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney general would be great.
          Biden went around bragging that he stopped the prosecution so if you can look into it... It sounds horrible to me.

          • Bart Johnson
            Bart Johnson  4 hours back

            taken directly from the transcript.

        • Takashi Ryuu
          Takashi Ryuu  5 hours back

          Dems star witness and proof of here say is a good thing .. its not btw.

          • Joe Smith
            Joe Smith  5 hours back

            Very glad you are doing this, Mr. Stone. Especially appreciate that you haven't ducked the contentious political issue of our time.

            • Tiger58
              Tiger58  6 hours back

              I think that it would be pretty disappointing if Donald Trump isn't impeached by the end of the term, I'm not a lawyer, but several times I have thought to myself, "will this be the one he gets impeached over?" I don't think he will be removed from office due to impeachment (unless he wins the 2020 election), but I feel like there should be enough evidence to start the process, and if there is, it would be the duty of Congress to do so.

              • James Collins
                James Collins  6 hours back

                We have NO evidence but believe you did something bad. Now imagine we did have evidence... (Nut Jobs Crying in the Streets) Yeah Fry him, Impeach that bastard, my imagination's right, who need proof when you have hateful feelings.....

                • Robert Fiacchino
                  Robert Fiacchino  7 hours back

                  Thank you this helps move the dirt around.

                  • Beth K
                    Beth K  8 hours back

                    I love these videos so much. Really great to see a lawyers take on everything.

                    Unrelated, I have a mighty need to see you do a video on the musical chicago.

                    • Garrett Hinshaw
                      Garrett Hinshaw  8 hours back

                      Can you please look into this

                      • Liam Miner
                        Liam Miner  9 hours back

                        Why is it that your explanation has not been used by anyone in Congress? Why can they not stand up and say exactly what you said. All of the rebuttals of the Republican defenses that you gave, should be given in Congress and in the House. If they pose these rebuttals, stating exactly how the president broke actual laws, the Republicans would have no defense. I don't understand why they cannot just state exactly which rules he has broken and how he broke them.

                        • gold star
                          gold star  9 hours back

                          ⚡UKRAINE SCANDAL EXPLAINED⚡⚡:Joe Biden’s son’s firm linked to ⚡Chinese government: New book - 
                          ⚡Biden sidesteps questions about son's foreign work - 
                          ⚡Failed Attack Marks Beginning Of Major Biden Public Probe!!!*** - 
                          ⚡UKRASSMILITARY UPDATE. .Updated Aug 19 2014 - MH17 - We know with 99% certainty who shot down MH17 -  

                          MP Derkach unveils facts of pressure of U.S. Embassy on Ukraine's law enforcement bodies, possible corrupt actions of the Bidens -

                          Burisma paid Joe Biden $900,000 for lobbying – Ukrainian MP - 

                          UKRASS. ПОРОШЕНКО ВЗБЕСИЛСЯ, ЕМУ НУЖЕН НОС // Алексей Казаков.- 
                          ⚡ Euro pean royals kil ling n a ked children for fun at hu man hunting parties - 
                          ПОРОШЕНКО И ШАПКА. ЗВОНИТЕ ПСИХИАТРУ // Алексей Казаков. -

                          • Fredy Rosales
                            Fredy Rosales  11 hours back

                            Lots of ppl here that are commenting did not watch the whole video and it shows.

                            • warren kelley
                              warren kelley  12 hours back

                              you have not talked on house-republican defense. the witnesses brought for have all been 2nd-hand (Hearsay). How does the defense stand when all testimony is hearsay? Your hearsay defense need at least corroborating 1st hand witness.

                              • Fredy Rosales
                                Fredy Rosales  10 hours back

                                warren kelley it would be nice if Trump would allow some of those witnesses to talk. Hmm.

                            • Edward Willis
                              Edward Willis  12 hours back

                              Trailer Park Boys, the episode where Ricky demands to be able to smoke and swear in court 😂

                              • Bud Merman
                                Bud Merman  13 hours back

                                thanks. i am in you debt

                                • Steve Thornton
                                  Steve Thornton  14 hours back

                                  This guy is a good Lawyer, talks in circles with no real conclusions.

                                  • Barbara Brinkmeyer
                                    Barbara Brinkmeyer  14 hours back

                                    We have a Malignant Psychopath sitting in the Oval Office.

                                    • Steve Thornton
                                      Steve Thornton  14 hours back

                                      Barbara Brinkmeyer, how did you get in there ? I’m calling the Secret Service.

                                  • Junior von Claire
                                    Junior von Claire  15 hours back

                                    I hate to bring up DUE PROCESS, but it’s the Dems who have the BURDEN OF PROOF and Trump is INNOCENT UNTIL PROVEN GUILTY. Of course, this isn’t a legal process, but a political one. SO the question about Rep defenses holding “legal water” IS IRRELEVANT. Btw, socialism sucks! And so does this attorney.

                                    • Junior von Claire
                                      Junior von Claire  9 hours back

                                      Croco You’re telling what I need to do? LOL Take your collectivism and shove it. Perhaps you need to respect the individual.
                                      TRUMP 2020! 🇺🇸🥳

                                    • Croco
                                      Croco  14 hours back

                                      You need to stop treating Trump like he's you're dad who fights for you and loves you. Trump pretends to speak for you, but it's all LIES. I know you want to be loyal, you want to show you're a patriot, but loyalty doesn't belong to the MAN, it belongs to the COUNTRY. And the majority of this country is certain that Trump is selling us out to Russia, and is willing to weaken us on the world stage to horde power for himself. Remember the Kurds, the ones who helped fight ISIS? We let them get steamrolled, and now we look like cowards to the entire world. If you care about America, you'd leave Trump.

                                  • S
                                    S  15 hours back

                                    can you work together with Tim poll / Timcast on an episode one this?

                                    would be interesting to hear what you figure-out together on the case

                                    • Robert Foster
                                      Robert Foster  15 hours back

                                      Why? LegalEagle is a moron. He gets nothing correct.

                                  • Neal Wilkinson
                                    Neal Wilkinson  16 hours back

                                    How nice of you to only attack the side you don't agree with.

                                    • Neal Wilkinson
                                      Neal Wilkinson  6 hours back

                                      @Fredy Rosales exactly. It's quite clear in this video.

                                    • Fredy Rosales
                                      Fredy Rosales  7 hours back

                                      Neal Wilkinson you’re saying he is partisan and not honest.

                                    • Neal Wilkinson
                                      Neal Wilkinson  10 hours back

                                      @Fredy Rosales didn't attack. Merely pointed out how blatantly one sided he was, twisting things to fit his personal point of view. But I guess he's a lawyer, that's his job

                                    • Fredy Rosales
                                      Fredy Rosales  10 hours back

                                      Neal Wilkinson way to attack this guy for not agree with you

                                  • 1stGruhn
                                    1stGruhn  16 hours back

                                    Giving your explanation of the reality of multiple intentions in a given act: does that implicate Biden with his own 'quid pro quo' with withholding funds from Ukraine to fire a guy who was investigating a company his Son was on the board with.

                                    • SMDoktorPepper
                                      SMDoktorPepper  16 hours back

                                      It is telling how the GOP, who keep pushing these false defences, are all lawyers and haven't figured all this out.

                                      • Mike Roch
                                        Mike Roch  17 hours back

                                        These arent really steelman arguements. Just as a scientists and engineer, and a democrat I might add, I objectively think this is quite far from what many Republicans are saying much less their best arguments. This does sorta seem like just the stock arguements people in the media are throwing around. And he misquoted people several times. This was an all around poorly constructed video and argument. Though I can see he tried, not his fault he went to ucla, that's basically like bribery for people to pretend you're smart ;p

                                        • Mike Roch
                                          Mike Roch  9 hours back

                                          @Fredy Rosales
                                          I didnt waste my life attempting to play the role of pseudo aristocrat in America's broken bureaucratic system. I'm a scientist and engineer, I studied real shit that actually makes a difference in uni, not pretend justice.

                                          However, simply put, he misquoted several individuals including matt Mulvaney and nikki haley in this video. So clearly listening and/ or reading comprehension (if he read a transcript) isnt something mr eagle excels at.

                                          Let me be concise, a strawman spraypainted silver may look like hes made of "steel" however it's still full of fluff just like this video.

                                        • Fredy Rosales
                                          Fredy Rosales  10 hours back

                                          Mike Roch and where did you go to law school “Mike roch”?

                                      • William Fairfax Mason Prescott III

                                        I hear and see individuals being smeared online all the time; When the responsible party posts the victims personal information online, including but not limited to, their cellphone number, city of residence, past closed criminal cases (I think is illegal if used for defamatory purpose); Because of this action, the victim recieves hundreds of threatening messages and phone calls (online or cellphone).
                                        Its if THERE IS NOTHING these victims can do if they are low income.
                                        ONLY THE RICH can fight online defamation.

                                        What is your take on this and what would you do?
                                        Thank you.
                                        I myself am a HUGE FAN of your channel and support your channel all the way. Keep up the great work Legal Eagle!!!
                                        Considering Law as an occupation.

                                        • William Fairfax Mason Prescott III

                                          Is this a form of "Defamation" about The President? (ie. Libel, malice, interstate communication, false criminal misconduct, etc)

                                          • Cat Dancing
                                            Cat Dancing  17 hours back

                                            Nicky Haley is disingenuous

                                            • Beunibster
                                              Beunibster  18 hours back

                                              Another big, fat nothing burger.

                                              • Beunibster
                                                Beunibster  17 hours back

                                                PS. OF COURSE all the witnesses lied.

                                            • Kaitensatsuma
                                              Kaitensatsuma  18 hours back

                                              11:30 - I love this one because it's like trying to explain to someone caught with their pants down that simply trying to pull them back up doesn't undo the fact that they were caught.

                                              17:00 Jim Jordan is a complete embarrassment of a person.

                                              If it had been called a bribe then there's be complaints that it's slander of the President, an attack on his character, partisan politics, how dare you, etc etc.

                                              You call it a Illegal Quid Pro Quo they insist that even though the attempt had failed, that the administration had been caught in the act, that their hand had been forced, and that Ukraine ended up getting the bribe without having to produce an investigation means it "it must not be Quid Pro Quo"

                                              • Drive Bye
                                                Drive Bye  18 hours back

                                                The dems have zero facts.
                                                You're about as biased as they come. Sure you're a lawyer?
                                                Maybe you need to watch again.

                                                • Drive Bye
                                                  Drive Bye  13 hours back

                                                  @Croco Projecting won't change anything. Good day.

                                                • Croco
                                                  Croco  14 hours back

                                                  Um, if bias is a problem for you, you should try being less biased. Lead by example, you know?

                                              • Kelly Farr
                                                Kelly Farr  19 hours back


                                                • Dave Freet
                                                  Dave Freet  20 hours back

                                                  The swamp has spoken and you take their side. Who writes the laws, LAWYERS. Who interprets laws judges, prior LAWYERS. They do not go after anything that would remove them from office.
                                                  You have to admit that you are one sided.

                                                  • Melangell ATC
                                                    Melangell ATC  20 hours back

                                                    of course we all know Jim Jordan is a loud mouth idiot. Hell, John Boehner even thought so!

                                                    • anthony cochran
                                                      anthony cochran  20 hours back

                                                      my opinion is because the words used is "I would like you to" do this though, means it not automatically a bribe. it is only a bribe if it was more like, sure but only if you do this for me. wanting something and demanding would be the difference right. or is there legal preference that says wanting something for something is a bribe. at this point it would depend on what was said before and tone of voice. we would then need to hear it.

                                                      • Tostahmeister
                                                        Tostahmeister  21 hours back

                                                        Quick question, what type of lawyer are you?

                                                        • Andrew Burton
                                                          Andrew Burton  1 days back

                                                          Stick to the Simpson’s, you’re in over your head here

                                                          • Jeremiah Jeffrey
                                                            Jeremiah Jeffrey  1 days back

                                                            Dual motivation means one could be found guilty of a crime. It doesn't mean they should be found guilty at a trial and I am glad there is very little chance of Trump being found guilty by the Senate.

                                                            • Jeremiah Jeffrey
                                                              Jeremiah Jeffrey  1 days back

                                                              I agree with Legal Eagle and his obvious bias towards the fact that Trumps actions were likely impeachable however just because someone could be found guilty doesn't mean they should be found guilty. The dual motivation arguement only shows impeachability but not justification for impeachment

                                                              • Kevin White
                                                                Kevin White  1 days back

                                                                “All that requires is the ask be made.”.....So what about Joe Biden telling Ukraine that U.S. taxpayer funds will be withheld unless a prosecutor is fired? There’s a video of him bragging about this shakedown in case you haven’t seen it yet. He was also the Vice President when this happened. The same prosecutor that Joe Biden wanted fired was looking into Burisma Holdings, which Hunter BIDEN was a board member of. Isn’t that a quid pro quo? You’re a complete hypocrite if you’d don’t cover this in a future video. You’ve already established yourself to be biased partisan hack, but you could at least give the full story.

                                                                • Andy H
                                                                  Andy H  1 days back

                                                                  This guy is a pervert.
                                                                  Hearsay is strong in this post.
                                                                  (Thumbs up if you corroborate)

                                                                  • Derrick Cox
                                                                    Derrick Cox  1 days back

                                                                    The DNC and the fools running it just don't get it. The American people run America, not the DNC. They are going to find out the hard way that their abuse of the Presidency and the People is going to drag them down to destruction. America is stronger then the corrupt DNC. Pelosi, Schiff, and Nadler with all pay a heavy price in the annuls of history as traitorous souls. Their vengeance will dig their own political graves.

                                                                    • Mars King
                                                                      Mars King  1 days back

                                                                      Stop hugging the fence, we wanna hear your opinion!

                                                                      • StarTropicsKing
                                                                        StarTropicsKing  1 days back

                                                                        That’s a lot of strong circumstantial evidence... 🤔

                                                                        • HailSPQR
                                                                          HailSPQR  1 days back

                                                                          one thing to point out as well is , to me personally I find it a bit dishonest that the democrats are leading this instead of doing another probe of independents , I think it would be a waste of money but it would be a good look for the democrats as they are painful obvious that they hold malcontent towards trump ever since he was elected even going as far as to try and abolish the electoral college witch would just mean people outside big city's would not have there voices heard. To me i really don't care if you love him or hate him but he A: Deserves the benefit of the doubt cause he is our leader as such people mainly in the "media" need to stop treating this like some reality tv show. B: People need to look at this objectively preferably an bipartisan group instead of figures like pelosi who just talks about wanting him arrested 24/7. C: He should be able to testify as well before people jump the shark in any way. if he is guilty kick him out but it is a bit underwhelming considering Russia gate as well as the attitude everyone has been treating the matter with

                                                                          • Nyneva Kyte
                                                                            Nyneva Kyte  1 days back

                                                                            Not sure why it's necessary to say "allegedly" when Trump himself said, point blank, "Investigate the Bidens". Repeatedly.