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One of Donald Trump’s most obvious lies about the whistleblower scandal that has led to a full-blown impeachment inquiry in the Hosue of Representatives is that the accusations against him are mere “hearsay.” It is a perplexing defense given that the transcript of the phone call between Trump and Ukranian President Volodymyr Zelensky that the White House released to the public contains such prima facie evidence incriminating the U.S. president.
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Nevertheless, the supposed insubstantial nature of the allegations against the president and their claimed insufficiency as evidence in his upcoming impeachment hearings has become a standard talking point for the Trump administration and the Republican sycophants trying to slow its inevitable downfall.
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Senator Lindsey Graham (R-SC) — having hitched his wagon to the Trump train as one of his most unwavering loyalists — used that talking point in an early morning tweet in an attempt to sow doubt about the standard of proof that hearsay testimony can provide.
In America you can’t even get a parking ticket based on hearsay testimony.
But you can impeach a president?
I certainly hope not.
— Lindsey Graham (@LindseyGrahamSC) September 28, 2019
Graham’s transparently feeble argument was eviscerated by noted anti-Trump Republican barrister, George Conway, the husband of the president’s Senior Advisor Kellyanne Conway. Mr. Conway took a not too subtle dig at the South Carolina Senator’s rusty legal skills in his lengthy reply to Graham’s depiction of the mounting corroboration of the president’s Constitution-busting actions.
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… under Rule 804(b)(3)‘ s exception to the hearsay rule for statements against penal or other interest;
* To the extent Trump was involved in a criminal conspiracy with… @RudyGiuliani, Giuliani’s statements are also admissible against Trump and …
— George Conway (@gtconway3d) September 28, 2019
… regularly conducted activity), and 803(8) (record of a public office).
* In any event, you can be indicted in this country on the basis of hearsay. It happens all the time. And an impeachment is the consitutional equivalent of an indictment. So it follows that the …
— George Conway (@gtconway3d) September 28, 2019
So your argument, Senator, is pure garbage, even assuming that the rules of evidence apply in the impeachment process.
— George Conway (@gtconway3d) September 28, 2019
In the President Clinton’s trial in 1998, testimony wasn’t even taken before a committee, in contrast to the Walter Nixon trial that @popehat mentions; it was taken in lawyers’ offices (as Senator Graham should recall, since he was a House manager in that trial).
— George Conway (@gtconway3d) September 28, 2019
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It’s sad that someone trusted with the power and responsibility that Senator Graham derives from his Senate seat is willing to seemingly purposefully pander to Trump’s base by spreading misinformation that will be so soon demonstrated to be the “pure garbage” that George Conway so skillfully proves it to be.
One can envision Senator Graham still mumbling to himself about hearsay as witness after witness appears before the House committees investigating the Ukraine scandal and brings Trump’s criminal conduct further into the public light.
The consequences of such loyalty to a doomed administration leads one to question more than just Senator Graham’s legal knowledge but to wonder whether he has an exit strategy ready when the Trump administration and its enablers are held accountable for their crimes and coverups.
Follow Vinnie Longobardo on Twitter.
Original reporting by Tom Boggioni at RawStory.
