WASHINGTON – Former President Donald Trump may send a written letter in his defense to the Senate impeachment trial, contemplating the move while expanding his legal team less than two weeks before the process begins, according to two people familiar with the subject.
And while he is considering such a statement, Trump does not plan to appear in person to defend himself against the charge that he incited the deadly riot at the United States Capitol on January 6, people familiar with the matter said – effectively ending any speculation of a possible special participation of the ex-president.
With the trial scheduled to begin the week of February 8, North Carolina attorney Joshua Howard, who spent years at the Justice Department and worked on investigations at the Clinton White House, joined Trump’s legal defense team, according to a person familiar with the decision.
Trump’s top impeachment lawyer, Butch Bowers, is expected to add at least one more member to the team, possibly a constitutional expert, according to two people familiar with the plans.
The post-presidential office of Bowers, Howard and Trump did not respond to requests for comment.
Trump, at his South Florida resort, is paying close attention to the Republicans’ stance on impeachment, according to his allies. One said the former president is “encouraged” by signs at this stage that Republican Party senators are unlikely to condemn him and that he believes the delay in the trial likely helped his position.
All but five of the 50 Republicans in the Senate voted for a motion on Tuesday to end the trial entirely, on the grounds that trying a former president is unconstitutional. This vote – which failed by a margin of 55-45 – does not prevent senators from voting later to condemn Trump, however. A minimum of 17 Republicans would need to join all 50 Democrats in the Senate for Trump to be sentenced.
Howard is known in Republican circles for his work on the team that investigates then President Bill Clinton for Whitewater and the Monica Lewinsky case, as well as his efforts during Senate confirmations of Court President John Roberts and Judge Samuel Alito. A Raleigh-based lawyer at the Gammon, Howard and Zeszotarski law firm, Howard was referred to Bowers by a mutual colleague in the state, according to a person familiar with the planning.
In representing a former Republican president facing charges of impeachment, Howard is following in his family’s footsteps. His father, Malcolm Howard, a retired judge from the North Carolina East District, represented President Richard Nixon at his impeachment hearings. Nixon resigned before the House could vote impeachment articles against him.
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He joins South Carolina attorney Deborah Barbier, who is also among those Bowers recruited to Trump’s legal team, according to two people familiar with the matter. Barbier did not respond to a request for comment. His role was first reported by The Post and Courier in Charleston.
Senator Lindsay Graham, RS.C., who remained a close ally of Trump, called Barbier a “very talented prosecutor”.
“I’m sure it will add value to the team,” said Graham, emphasizing the need for Trump’s legal team to focus on the constitutionality – or in his view unconstitutionality – of an impeachment trial for a civilian who has already left the presidency.
Other Trump allies have contacted Republican senators. North Dakota Sen. Kevin Cramer said he received a call last Saturday from former White House political director Brian Jack, who told him that Trump “just wanted to express again his gratitude for his support over the years.”
“The main reason for the call was to make sure I knew from him that he was not starting to become a third party,” said Cramer, referring to news that Trump was considering forming a new political party. “I was happy to spread the message.”
Julie Tsirkin contributed.