It looks like the beginning of a united plan for the Senate impeachment trial is in the works. According to a New York Post article the House impeachment managers would present their prosecution case; then President Trump’s designated lawyers will present his defense case; then the Senate will vote.
At least, that’s the plan being reported:

WASHINGTON – After weeks of behind-the-scenes debate, Senate Republicans have hit on their strategy for handling President Trump’s impeachment: a brief trial — with no witness testimony — and a fast acquittal.
“I’m ready to vote now,” Sen. Josh Hawley (R-Missouri) told The Hill. “I think the articles are a joke.”
But they don’t want to dismiss the House Democrats’ charges out of hand, as some Trump allies have proposed.

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As we suspected, albeit against much criticism, House counsel Doug Letter has responded to the DC Appeals Court arguing the forced testimony of White House counsel Don McGahn is needed for evidence in impeachment trial. [Court pdf Avail Here]
This court filing today bolsters the unspoken background motive for delayed House Impeachment Managers.  The House Judiciary Committee is using impeachment as support for their ongoing effort to gain: Don McGahn deposition, and Mueller grand jury material (6e).  The goal is opposition research; impeachment is a tool to establish legal standing to obtain it.  Everything else is chaff and countermeasures.

[Scribd pdf link – Direct pdf link (w/ embed below)]

This court filing bolsters CTH analysis that rushed House articles are a means to an end. That is – a way for House lawyers to argue in court all of the constitutionally contended material is required as evidence for pending judicial proceedings, a trial in the Senate.
This would explain why all the prior evidence debated for inclusion and legal additions to “articles of impeachment” were dropped. Instead the House focused only on quickly framing two articles that can facilitate pending court cases.
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The entire House effort to impeach President Donald Trump has been a one-sided partisan effort; built upon a foundation of manipulation of process and dismissal of the minority rights throughout.
After the House voted along party lines, and in an act of stunning hubris, Speaker Pelosi now declares she will withhold the articles of impeachment until the Senate makes rules that she determines will be “fair” to the prosecution.  [Video at 09:00 prompted]

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Seemingly overlooked by most, when the House voted on the ‘rules of impeachment’ they removed the traditional appointment of House Managers to a later date.
Normally the House Managers would be appointed at the same time as the impeachment vote; however, by withholding the appointment House Democrats are indicating they will not immediately send articles of impeachment to the senate but will rather hold the articles as support for pending court cases toward their judicial authority.
A cunning Lawfare ploy.

As interested observers will note the House never voted to authorize the full judicial impeachment process; instead they voted to approve an inquiry into whether an impeachment should take place.  By not voting to authorize articles of impeachment the House never gained ‘judicial enforcement authority‘.  The absence of judicial authority is now working its way through the courts in various cases.
It appears the absence of appointing House impeachment managers; and the decision to withhold sending the articles of impeachment to the Senate; is now a specific design.
As the process appears to be unfolding, the Lawfare contracted lawyers representing the House: chief legal counsel Douglas Letter, Barry Berke, Norm Eisen and Daniel Goldman will now argue before the courts that all of the constitutionally contended material is required as evidence for a pending judicial proceeding, a trial in the Senate.
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Big Win For President Trump !

As we expected the Supreme Court has granted the petition for a writ of certiorari and will hear cases related to attempts to gain President Trump financial records and tax filings.
The Supreme Court has issued a stay upon all lower court action and consolidated the cases into one writ.  The court will hear arguments in March and release a ruling later in the summer of 2020.
President Trump went to the Supreme Court after the House Financial Services and Intelligence Committees issued subpoenas to Deutsche Bank and Capital One seeking President Trump’s tax records. In his request to the court [Read Here] Trump asked SCOTUS to block the subpoenas on the ground they go beyond the committees’ powers.
Justice Ginsburg stayed the lower court decision and ordered the House of Representatives to file a response by Wednesday, December 11.  The cases and issues were then discussed at their private SCOTUS conference.  Today’s writ is the outcome.
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Former Trump foreign policy adviser Carter Page discusses the details of the IG report, allegations of FISA court abuse and his future plans to sue the DOJ and FBI:

Shortly after 6pm this evening Supreme Court Justice Justice Ruth Bader Ginsburg put a prior 2nd Circuit ruling on hold until next Friday, December 13, at 5 p.m.

President Trump went to the Supreme Court after the House Financial Services and Intelligence Committees issued subpoenas to Deutsche Bank and Capital One seeking President Trump’s tax records. In his request to the court [Read Here] Trump asked SCOTUS to block the subpoenas on the ground they go beyond the committees’ powers.
Justice Ginsburg’s order tonight gives the justices time to rule on Trump’s request for a longer stay of the lower court’s decision while he files a petition for review. Ginsburg ordered the House of Representatives to file a response to Trump’s request by 11 a.m. on Wednesday, December 11.
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With the House calendar extended to December 20th it now appears the full House vote on articles of impeachment will take place within this year. Today, Speaker Nancy Pelosi announced her instructions to House Judiciary Chairman Jerry Nadler to assemble the formal articles of impeachment to be brought to the House floor.

~ Read Speaker Pelosi Announcement HERE ~

Speaker Pelosi did not provide many details; however, Democrats have said they are considering multiple articles of impeachment against Trump including abuse of power, obstruction of justice and obstruction of Congress. The House Judiciary Committee is expected to draw up articles of impeachment as soon as next week.
This is the first time in History that articles of impeachment will be assembled without an official full house vote to initiate the impeachment process. This is also the first impeachment effort without the House attaining recognized judicial enforcement authority.  The vote will take place before the Supreme Court weighs-in on the legal framework for the House effort. The House judicial enforcement authority, not being recognized by the Supreme Court, likely had a strong bearing on the timing.
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The Supreme Court has issued a ruling maintaining the block against House Democrats receiving President Trump’s tax returns.  The one paragraph order [pdf here] essentially maintains the stay and requests the Trump administration to file a formal request for review by the court, a “writ of certiorari”, by December 5th (noon).

It seems likely, almost certain, the House Democrat leadership was expecting this outcome; hence their earlier request for the Supreme Court to delay this predictable ruling for ten days.
The administration will almost certainly file the formal request for review by the court; and if the request is granted (very likely considering the wording of the order), the Supreme Court will hear the arguments in the spring of 2020 with a ruling sometime around June 2020 to settle the issue once and for all.
The underlying House case has several defects.
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This decision (full pdf below) was easily predicted for the past several weeks.  The HJC -vs- White House case for McGahn testimony will be appealed and join the HJC -vs- White House case surrounding grand jury information in the DC appellate court.

WASHINGTON — A federal judge ruled late Monday that former White House counsel Don McGahn must obey a subpoena for his testimony issued by the House Judiciary Committee.

Federal District Court Judge Ketanji Brown Jackson [pictured right] said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance. The judge did not put her own ruling on hold, but the Trump administration will likely seek one to put the effect of her ruling on hold while it pursues an appeal. (link)

Nancy Pelosi and House Judiciary Committee Chairman Jerry Nadler need a full House impeachment authorization vote to try and overcome the current obstacles they are facing.  The authority for the House Judiciary Committee (HJC) to penetrate the constitutional firewall that protects the separation of power in the main issue; but there are other structural/legal issues that also exist.
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