For this episode of The Medium Rules, the first of 2020, we decided to delve into the headlines and take an in-depth look at the impeachment trial of President Trump in the US Senate from a trial lawyer’s perspective. For this discussion I’m joined by two of my HBA colleagues: our head of litigation, Adam Michaels, and Partner Mike Norton, a former Assistant US Attorney for the Southern District who worked under Rudy Giuliani. We examine, among other topics, the concept of the Senate functioning as both judge and jury, the role and function of the media, the rules of evidence, the “presiding” role and function of Chief Justice Roberts (and what we might expect from Roberts in the coming days and weeks), and how all of these variables influence how a trial lawyer might approach the impeachment trial both as prosecution and defense. 

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