Law of the case– collateral estoppel

  Make no mistake about it.The proceedings going on in the Senate today are about the 2022 and 2024 elections.Unless one of those blue Jewish controlled laser bolts that Marjorie Taylor Green is so fond of hits the Senate chamber, the result is for ordained.Donnie will be acquitted.There is also no doubt that most of the Republican senators will seek to justify their vote on the grounds that the proceeding was unconstitutional. 

There has already been a vote on that issue and the Senate determined that the proceeding was constitutional and valid.The DemocratsShould now take the position either by statements by Presiding Judge Sen. Leahy or in rebuttal that the Republicans are foreclosed from arguing the constitutional issue.There are two legal doctrines that they could use to support that position.What is the doctrine of the law of the case and the other is the doctrine of collateral estoppel.Typically to use the law of the case there is a ruling by an appellate court prior to a remand to the District Court issues decided by the appellate court may not be relitigated on remand.The doctrine of collateral estoppel similarly prevents relitigation of decided issues.

As has been stated ad nauseum a senate trial on impeachment is not a criminal law proceeding and is not subject to the same rules.Under article one section 3 ( six) the Senate has the" sole power"to try all impeachments.That is generally considered to mean that the decisions of the Senate are not appealable.Under article one section 5(2)The Senate may determine the rules of its proceedings.The combination of those two would suggest hat it has been finally and unappealably determined that this proceeding is constitutional.I would love to seeSen. Leahy so instruct the defense attorneys and tell them  that further arguments on constitutionality are foreclosed.Failing that,I would like to see the house case managers take that position in rebuttal.

Now in my wildest dreams I cannot believe the Republican senators would accept that But the house managers could press on rebuttal that the Senators must vote on the merits and not onConstitutional procedural grounds.Sen. McConnell has already told his caucus that they should vote their conscience Constitutional arguments not withstanding.The Democrats should also play recordings of the sanctimonious comments made by many senators following the events of January 6 when they said that former Pres. Trump must be held accountable for his actions.That means they should vote for impeachment because they cannot hide behind procedural arguments.

Most importantly,to return to where I began,in the next two elections the Democrats must  relentlessly attack sitting Republican senators on the basis that they refused to convict a republican President that they knew or must've known had committed Impeachable offenses in a procedurally legitimate Senate trial.Don't give them any place to hide.