In this image from video, Michael van der Veen, an attorney for former President Donald Trump, speaks during the second impeachment trial of Trump in the Senate at the U.S. Capitol in Washington, Friday, Feb. 12, 2021.
Senate Television via AP
Trump lawyers argue impeachment based on 'hatred,' not facts
Published 12:54 PST, Fri February 12, 2021
Last Updated: 3:35 PST, Fri February 12, 2021
WASHINGTON — Donald Trump’s impeachment lawyers accused Democrats of waging a campaign of “hatred” against the former president as they sped through their
“This is ordinarily political rhetoric that is virtually indistinguishable from the language that has been used by people across the political spectrum for hundreds of years," declared Trump lawyer Michael van der Veen. "Countless politicians have spoken of fighting for our principles.”
But the presentation blurred the difference between general encouragement to battle for causes and Trump’s fight against officially accepted national election results. The defeated president was telling his supporters to fight on after every state had verified its results, after the Electoral College had affirmed them and after nearly every election lawsuit filed by Trump and his allies had been rejected in court.
The case is speeding toward a vote and likely acquittal, perhaps as soon as Saturday, with the Senate evenly divided between Democrats and Republicans and a two-thirds majority required for conviction. Trump's lawyers made an abbreviated presentation that used less than three of their allotted 16 hours.
Their quick pivot to the Democrats’ own words deflected from the central question of the trial — whether Trump incited the assault on the Capitol — and instead aimed to place impeachment managers and Trump adversaries on the defensive.
His lawyers contended he was merely telling his rally crowd to support primary challenges against his adversaries and to press for sweeping election reform.
After a two-day effort by Democrats to sync up Trump's words to the violence that followed, including through raw and emotive video footage,
But in trying to draw that equivalency, the defenders minimized Trump's months-long efforts to undermine the election results and his urging of followers to do the same. Democrats say that long campaign, rooted in a “big lie,” laid the groundwork for the mob that assembled outside the Capitol and stormed inside. Five people died.
“And so they came, draped in Trump’s flag, and used our flag, the American flag, to batter and to bludgeon," Rep. Madeleine Dean, one of the impeachment managers, said Thursday as she choked back emotion.
On Friday, as
During a break, some joked about the videos and others said they were a distraction or a “false equivalence” with Trump's
“Well, we heard the word ‘fight' a lot,” said Maine Sen. Angus King, an independent who caucuses with the Democrats.
Colorado Sen. Michael Bennett said it felt like the lawyers were “erecting straw men to then take them down rather than deal with the facts."
“Show me any time that the result was that one of our supporters pulled someone out of the crowd, and then we said, ‘That’s great, good for you,’” said Delaware Sen. Chris Coons.
Trump's defenders told senators that Trump was entitled to dispute the 2020 election results and that his doing so did not amount to inciting the violence. They sought to turn the tables on prosecutors by likening the Democrats' questioning of the legitimacy of Trump's 2016 win to his challenge of his election loss.
“You can't incite what was going to happen,” he said.
Acknowledging the reality of the January day is meant to blunt the visceral impact of the House Democrats' case and pivot to what Trump's defenders see as the core — and more winnable — issue of the trial: Whether Trump actually incited the riot. The argument is likely to appeal to Republican senators who want to be seen as condemning the violence but without convicting the president.
On Thursday, they described in stark, personal terms the terror they faced that January day — some of it in the very Senate chamber where senators now are sitting as jurors. They used security video of rioters searching menacingly for House Speaker Nancy Pelosi and
The prosecutors' goal was to cast Trump not as a bystander but rather as the “inciter in chief” who spread election falsehoods, then encouraged supporters to come challenge the results in Washington.
The Democrats also are demanding that he be barred from holding future federal office.
Trump's lawyers say that goal only underscores the “hatred” Democrats feel for Trump. Throughout the trial, they showed clips from Democrats questioning the legitimacy of his presidency and suggesting as early as 2017 that he should be impeached.
“Hatred is at the heart of the house managers’ fruitless attempts to blame Donald Trump for the criminal acts of the rioters — based on double hearsay statements of fringe right-wing groups, based on no real evidence other than rank speculation," van der Veen said.
Trump's lawyers noted that in the same Jan. 6 speech he encouraged the crowd to behave “peacefully,” and they contend that his remarks — and his general distrust of the election results — are all protected under the First Amendment. Democrats strenuously resist that assertion, saying his words weren’t political speech but rather amounted to direct incitement of violence.
– Eric Tucker, Lisa Mascaro and Mary Clare Jalonick, The Associated Press
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