The impeachment crowd exploded on Saturday morning as the US Senate laughed at the former president Donald TrumpImpeachment attorney, Michael van der Veenon a statement that deposits should be made in his private Philadelphia law firm and not through any other mechanism.
The House’s impeachment executives suggested deposits could help aggravate their case against Trump. Questions have been asked whether such deposits could be done remotely.
“There are a lot of deposits that have to pass,” said van der Veen. “Nancy PelosiThe deposit must be made. Kama – um, um – Vice President – um – Harris – um – deposit must be made. And not from Zoom. None of these deposits should be done by Zoom. We didn’t do that hearing from Zoom! These statements should be made in person at my Philadelphia office. That is where they should be made. “
Van der Veen’s pronunciation of the city was more like: “Phil-EE-delphia”.
The Senate started laughing – audibly.
Van der Veen was more encouraged by the laughter.
“I don’t know how many civil attorneys are here, but that’s how it works, folks! If you would like a person to be deposited, send a deposit notification that will appear where the notification is! It is a civil process! I don’t know why you are laughing! It’s a civil process! This is how lawyers do it! We send notices of deposit. . . ”
It is. Patrick Leahy (D-Vt.), Who is in the chair, interfered with a call for orders.
“I didn’t laugh at any of you,” van der Veen chided the ponderous body in front of him. “And there’s nothing ridiculous here.”
The response was immediate.
“Unfortunately for the defense attorney, the laugh was not offered with him, it was offered with him,” noted Colby Hall on the sister site of Law & Crime, Mediaite.
The word “Veen” started spreading on Twitter.
“Obviously, van der Veen has forgotten that his client’s position is that ‘bad things happen in Philadelphia,” mocked George Conway.
Obviously, van der Veen has forgotten that his client’s position is that “bad things happen in Philadelphia”.
– George Conway (@ gtconway3d) February 13, 2021
History Prof. Kevin M. Kruse Added context:
The reason they are all laughing at you, Van Der Veen, is because the Clinton impeachment trial was remotely videotaping the testimony of witnesses and then playing it back in the Senate.
Nobody had to go to your office in Phillyaheedelphia. https://t.co/H8SDLQWKTa
– Kevin M. Kruse (@ KevinMKruse) February 13, 2021
Journalists Pat Kiernan and Kyle Griffin suggested that the type of civil lawsuit van der Veen appears to be familiar with has nothing to do with an impeachment trial in the U.S. Senate:
If Trump’s attorney Michael van der Veen seems out of place, it’s not just because he’s new to the case. His company focuses on car accidents as well as slip and fall injuries. Here’s one of his radio ads. pic.twitter.com/LUGKV3Qx2S
– Pat Kiernan (@patkiernan) February 13, 2021
Reminder: Trump’s defense attorney Michael van der Veen is a personal injury attorney.
– Kyle Griffin (@ kylegriffin1) February 13, 2021
journalist David Corn questioned van der Veen’s legal tactics as being less wise:
Van der veen wants to call @SpeakerPelosi as a witness? Nancy Pelosi at the booth would be wonderful … for the house impeachment managers.
– David Corn (@DavidCornDC) February 13, 2021
However, some did not seem to mind the thought of deposits in van der Veen’s office – for sarcastic reasons:
I’ll say this, van der Veen’s Spruce Street office has a lot more lunch options than Four Seasons Total Landscaping. https://t.co/sYSUmjJlXb
– Ryan J. Reilly (@ryanjreilly) February 13, 2021
Van der Veen is legally right about how deposits occur in civil matters in general.
According to the federal civil procedure code, rule 30 describes the process. It says relevant:
A party wishing to dispose of a person by oral questions must give each other party adequate written notice. The notice must state the time and place of filing and, if known, the name and address of the representative. If the name is unknown, the note must contain a general description sufficient to identify the person or the particular class or group to which the person belongs.
However, contrary to the core focus of van der Veen’s argument against performing deposits via zoom, the federal rule also allows deposits to be recorded and performed remotely:
The parties may determine – or the court may, if so requested – order that a deposit be made by telephone or other remote means. For the purposes of this rule and rules 28 (a), 37 (a) (2) and 37 (b) (1), the deposit will take place where the depositor answers the questions.
In the criminal context, some states – and some states do not – allow deposits prior to criminal proceedings.
However, as Law & Crime has repeatedly pointed out, impeachment proceedings are not judicial proceedings. They are neither criminal nor civil proceedings. They are essentially political processes – and many “jurors” (senators) have already made decisions based on ideological considerations. CNN reports that calling witnesses in impeachment proceedings “will not change your mind” for most GOP Senators “because they are relying on their procedural argument that there should be no trial at all”.
pretty much the jury that we have here pic.twitter.com/qTAzYl6ybl
– Aaron Rupar (@atrupar) February 13, 2021
[image via CNN screengrab]
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