After two days of impeachment in the House presenting a case arguing that Trump incited the rebels and failed to prevent the rebellion as it unfolded – using disturbing new images of the attack to convey his message – the Trump team must respond that the presentation of the Democrats glorified violence and that Trump’s speech urging his supporters to “fight” was figurative and protected by the First Amendment.
“When you use the word ‘fight’ most of the time during the case, it is clear that he is talking about lawmakers who fight for our rights, people who fight to advocate, and you know that everyone likes to ignore the word ‘peacefully. ‘over there, “Trump attorney David Schoen told reporters on Thursday.
The presentation is sure to be shorter than the Democrats’ two-day argument. Schoen told reporters on Thursday that the Trump team is expected to perform for about three to four hours on Friday, from the 16 hours that the team has available. Trump’s lawyers are due to finish on Friday and not use a second day to present their case.
The quick presentation is another sign that the Trump team’s goal on Friday is simple: do no harm. Unlike Democratic leaders, who hoped to win over Republican senators with their presentation, Trump’s lawyers hope they already have the votes they need for absolution, as most Republican senators are saying they will vote to absolve Trump because they believe the judgment is unconstitutional.
At the same time, the presentation of Trump’s defense on Friday could play a key role in how many Republican senators vote that Trump is guilty, after six voted that the trial itself was constitutional on Tuesday.
Following the rambling argument from Trump’s lawyer Bruce Castor – who was criticized by Republican senators and angered Trump – Schoen is expected to take the lead on Friday. All four of Trump’s lawyers – Schoen, Castor, Michael van der Veen and William Brennan – must speak.
The team plans to use video, just as Democrats did, including showing Democratic leaders using Trump-like language, according to a source close to the former president’s legal team. This includes now Senate majority leader Chuck Schumer, a New York Democrat, who said outside the US Supreme Court last year, “I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you released the hurricane and pay the price. You will not know what hit you if you continue with these terrible decisions, “referring to Supreme Court judges Neil Gorsuch and Brett Kavanaugh.
Of course, Schumer’s comments did not lead to any violence or an attempt to overturn the results of an election. But the Trump team plans to argue that Trump never intended the protesters at his rally to take over the Capitol.
Trump’s lawyers are also expected to focus on their comments in the January 6 speech, saying support for protesting “peacefully and patriotically”, and saying they should “fight like hell”.
Several key Republican Senators, including Lindsey Graham of South Carolina, Ted Cruz of Texas and Mike Lee of Utah, who are serving as jurors in the impeachment trial, met with Trump’s lawyers after the impeachment managers’ presentation was completed on Thursday afternoon.
“We were discussing their legal strategy and sharing our ideas,” said Cruz after the meeting. “I think the end result of this impeachment trial is crystal clear for everyone. … Each person in the Senate House understands that there are no votes to condemn, nor should there be.”
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