Democrats Plot Emotional Impeachment Case As Trump Scrambles To Find Defense Lawyers - Forbes

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Topline

Eight days before the start of the second impeachment trial of former President Donald Trump, Democrats’ strategy is coming into focus while Trump is looking for new lawyers at the last minute after parting ways with his legal team over the weekend.

Key Facts

Using audio and video from the day of the attack, Democrats hope to elicit an emotional response from lawmakers and Americans watching the trial, according to multiple reports.

House impeachment managers "are going to show the American people — vividly, on film — what happened there in the Capitol,” Senate Majority Leader Chuck Schumer (D-N.Y.) told MSNBC on Saturday, while Sen. Richard Blumenthal (D-Ct.) said he hopes visual evidence will help Republicans “relive the horror” of the events that day.

To build their case, aides to House impeachment managers are scouring social media for clips and audio showing how the rioters reacted to Trump’s incendiary rhetoric, including a video posted by JustSecurity last week, according to the Washington Post.

A case built around audio and visuals, instead of testimony, serves another purpose—speed.

Some Democrats are pushing for a swift end to the trial—as short as one week—so Congress can move on to other priorities, like another stimulus package.

Over the weekend, Trump and his legal team mutually parted ways after the former president insisted that they advance the false assertion that he won the election, according to CNN, rather than contest the legality of trying a president after he’s left office.

Republicans have implored Trump to challenge the constitutionality of the impeachment trial and to dispute the allegation he incited the rioters.

Chief Critic

“The evidence, as I understand, is going to focus on whether or not the president contributed to an atmosphere to have people charge the Capitol, break in, threatening, if you will, both members of Congress and Vice President Pence,” Sen. Bill Cassidy (R-La.) said on Fox News Sunday. “That's the charge. So, I would hope that whatever defense is put up refutes that charge.” Sen. Rob Portman (R-Ohio) told CNN on Sunday he was skeptical of the constitutionality of the trial. "We would be convicting a private citizen ... that sets a precedent," Portman said, while calling Trump’s actions “inexcusable.” Trump was impeached on January 13, while he was still president, but it’s open to debate whether the Constitution allows Congress to try a president after leaving office.

Key Background

On Tuesday, Senate Minority Leader Mitch McConnell (R-Ky.) and 44 other Republicans voted in favor of a motion disputing the constitutionality of the trial, a sign Democrats do not have the 67 votes needed to convict Trump. In light of the failed test vote, some Democrats have called for Trump to be censured, a formal expression of disapproval that carries no teeth. If Trump is convicted by the Senate, the upper chamber could then hold a separate vote that would bar him from office permanently. Such a vote would require a simple majority to pass.

Surprising Fact

Since being arrested, some rioters have blamed Trump, claiming they were simply following the president’s orders.

What To Watch For

Some Democrats have argued audio and video is not enough, and House impeachment managers should attempt to explore how much Trump knew about the attack. “We have an obligation to get the facts, it seems to me,” Sen. Angus King (I-Maine), who caucuses with the Democrats, told the Washington Post. The trial is slated to begin February 9.

Big Number

140. That’s how many police officers were injured during the riot, a police union said this week.

Tangent

House Speaker Nancy Pelosi (D-Calif.) told the Washington Post in an interview Friday she has taken on the responsibility of helping lawmakers and aides dealing with the emotional trauma of the Capitol attack, including encouraging her colleagues to attend counseling sessions.

Crucial Quote

Trump has repeatedly denied responsibility for inciting the riot. After weeks of pushing false claims the election was rigged, Trump stood up before the angry crowd on January 6 and said: “We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them, because you’ll never take back our country with weakness.” The former president only once urged his supporters to be peaceful, at one point saying, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”