Posted on 02/01/2021 4:39:27 PM PST by E. Pluribus Unum
Advisers to former President Donald Trump are split on devising an impeachment defense, with Steve Bannon among those urging him to turn the Senate trial into a political bear fight by claiming once again that the election was stolen, according to a source familiar with discussions.
Trump’s legal team is scrambling to devise a strategy after he in recent days replaced five lawyers who were reluctant to relitigate what they saw as flimsy allegations of voter fraud.
While the Republican Party prefers arguing that the impeachment of a former president is unconstitutional, his allies fear Trump is gambling on a made-for-television, scorched-earth defense that risks defeat.
His advisers are fighting about whether to mount a conventional legal defense or use the Senate as a political platform.
“Bannon is the one wanting to tie it to a relitigation of the election,” said the source.
Bannon worked as White House chief strategist until falling out with Trump in 2017. However, last month it emerged that they had reconciled before Trump pardoned his former adviser, who was accused of conspiring to defraud donors to a fund to build a wall along the Mexican border, during his final hours in office.
Trump must respond to a charge of incitement of insurrection by midday on Tuesday, answering accusations that he was to blame for encouraging the deadly attack on the United States Capitol on Jan. 6. That single impeachment charge was passed in the House on a mostly party-line vote, with 10 Republicans joining Democrats to send the matter to the upper chamber.
Last week, all but five Republican senators voted to dismiss the trial as unconstitutional.
However, a tumultuous weekend brought a major shake-up of the legal team when the former president dismissed five lawyers because they were unwilling to argue that the election...
(Excerpt) Read more at washingtonexaminer.com ...
Leahy isn’t going to allow it. This is so predictable.
I’ve been saying this for a while. And yes, Democrats will try to squelch it but they won’t be able to do so completely, and it will make them look bad in the process.
Seems to me that if the charge is “inciting a riot” and the defense is “They cheated and I am the rightful president” it’s almost an admission that inciting a riot seems like a fine and justified action.
For the record: I think Trump is the rightful president and I don’t think he incited a riot. But I also think this is an unwise defense.
Ugh. I wish he would not show up or present a defense. I have the same feeling going into this that I did the vote certification on 1/6.
Leahy won't be able to stop it. Trumps' claim of election fraud it what they cited in the article of impeachment. He has a right to defend against it. It's nothing but an unconstitutional dog and pony show, but trying to block this will make it even more so.
I agree.
The issue is the illegality of this legal device
Counsels might get disbarred if they bring up a not proven in court or even argued in court strategy. The smart person would focus on the Constitution argument. I wish all this would just go away. It just gives the Rats more amo.
Anything Steve Bannon is in favor of, I am as well.
If I were Trump’s attorney, my opening statement would be this:
“I represent President Donald J. Trump. President Trump won the 2020 election in a landslide. He is the President of the United States. I must object that the Chief Justice is not presiding over this trial. According to Article I, Sec. 3, paragraph 6 the Chief Justice of the United States must preside. Why is the Chief Justice not present today?”
I’d bait Leahy to try to shut down this argument. I would argue that the events on Jan. 6th were the result of a “mostly peaceful” protest against the most blatant election fraud in U.S. history. I would further note that because of that rampant fraud, several Senators weren’t elected legitimately because of vote flipping or rigged primaries to ensure the most radical candidate was nominiated to oppose a sitting senator. This is all political, so I’d through politcal bombs at the senate.
Also note, the problem with the argument that Trump isn’t president, is that there are still cases in the courts and SCOTUS arguing that he is. That argument can be made in briefs just to CYA, but the Senate already voted on the issue and there aren’t 67 Senators to convict. The attorney has a free pass to grandstand and deliver political attacks on the opposition. It shouldn’t be wasted. Trump’s lawyers must make the argument for the ages to remember.
The Washington Examiner has sadly become the kid brother of the ComPost.
All that talk about Trump's lawyers quitting? It's TOTAL misdirection folks. Trump has a top-notch team and they will destroy the Senate Dems. In fact, I bet the people who "quit" were just low-level staffers and weren't part of Trump's legal team anyway.
This is why Biden is out there saying Trump doesn't need access to intelligence briefings anymore.
Bump
Me too
That won’t work.
“Recalling my time.”
He should bring up the best examples of questionable electoral results. Not the ‘iffy’ ones.
The aim should be to encourage changes towards more confidence in electoral results.
Excellent point!
That’s not what the impeachment charge is ultimately about, though, they are alleging he encouraged the riot at the Capitol.
A few billionaires spread a few billions around the republicans, and you get a conviction
I don’t know what he has to lose now. He is facing an unimaginable fight. If he loses, which he will not, because one of his attnys will destroy the Constitutional angle, he will present the evidence of voter fraud he has been keeping on the down low. WELL, I CAN PRAY, CAN’T I? It does seem like a Trump thing, now doesn’t it! It would be quite Trumpian....
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