USA TODAY International Edition

Trump defense strategy murky

As trial begins, he lacks star lawyers, full GOP backing

- Christal Hayes

WASHINGTON – When President Donald Trump faced an impeachmen­t trial a year ago over his actions on Ukraine, he lined up a star- studded team of attorneys led by White House counsel Pat Cipollone.

Ken Starr, who headed the investigat­ion into President Bill Clinton that led to his impeachmen­t, and Alan Dershowitz, a constituti­onal law expert who defended O. J. Simpson, were among the lawyers on Trump’s team. The case centered on whether Trump abused the power of his office to pressure Ukraine to investigat­e his political rival Joe Biden.

For Trump’s second impeachmen­t trial, over accusation­s that he incited the Capitol Hill riot Jan. 6, he hired Butch Bowers of South Carolina, a prominent attorney in conservati­ve circles who made his name defending Republican governors in the state but who is untested on such a high- profile political case. Trump’s first impeachmen­t trial united Republican­s on Capitol Hill. Some lawmakers acted as an informal defense team, arguing Trump’s innocence on cable news and in front of TV cameras. Trump was acquitted.

This trial will look dramatical­ly different. Trump is no longer president and thus may have less sway over a heavily divided Republican conference. He doesn’t have a full legal team in place, and the strategy is not clear.

The article of impeachmen­t passed by the House charges Trump with “incitement of insurrecti­on,” and a trial is likely to begin in earnest the week of Feb. 8.

Legal team being worked out

Bowers worked for the Justice Department during President George W. Bush’s administra­tion, but he’s better known for his government work in South Carolina. He served as counsel to Republican Govs. Nikki Haley and Mark Sanford and did a stint as chairman of South Carolina’s election commission.

Bowers will lead Trump’s defense team; other attorneys have yet to be announced. The slow pace in Trump corralling a legal team has become a flash point, and some Republican­s noted there is a hesitancy to defend Trump across the party.

“It’s much easier for a sitting president to find aides than a former president,” said Alex Conant, a GOP strategist. “I think everything about this case, especially how politicall­y toxic Trump is with a lot of people, means there’s not a lot to be gained by representi­ng Trump right now.”

Key arguments

Bowers has yet to speak publicly about the case, saying only that he looks “forward to representi­ng the former president.”

Trump’s allies argued the case is unconstitu­tional, pointing to text in the Constituti­on that applies only to current public servants, not those who no longer serve. The central issue is the text that says impeachmen­t applies to presidents, vice presidents and other “civil officers.” It doesn’t delve into former presidents or holding an official who left office accountabl­e for conduct committed while in office.

Trump’s legal team is likely to use the argument in an attempt to dismiss the case. Though the Senate has ruled cases of former officials could be heard before the chamber, senators in the late 1700s voted against hearing the trial of former Sen. William Blount and decided it did not have jurisdicti­on to hear the case because Blount had been expelled.

Some Republican allies brushed aside Trump’s conduct, arguing a speech he gave outside the White House to protesters who later stormed the Capitol was not inciting an insurrecti­on but rather just him complainin­g about the handling of the election.

It’s unclear whether Trump’s team will use the trial as a forum to argue the list of voter fraud claims that his campaign failed to prove in dozens of court cases.

“Anything is possible with Trump. I just don’t think that Republican senators are going to be sympatheti­c to the fraud claims,” Conant said. “That isn’t going to help his standing in the Senate. I’m honestly curious what Trump does here.”

GOP lawmakers divided

The path to convicting Trump is an uphill one, though the political climate has shifted since his last impeachmen­t trial.

Last year as the Senate heard Trump’s impeachmen­t case, Republican­s stood united. Every House Republican voted against impeachmen­t, and a few Democrats joined them. Members of the House Republican conference were tapped as part of his impeachmen­t defense, going on cable news frequently and arguing the case for his acquittal.

Helping to keep the conference united, Trump allowed Republican­s to use Camp David for retreats, hosted movie nights at the White House, invited lawmakers to the World Series and even signed a Trump board game for one legislator.

This time, Trump won’t be able to offer those perks in hopes of preventing defectors.

Republican­s are divided. Some of Trump’s former allies on Capitol Hill have become some of the leading voices against him. Ten House Republican­s joined Democrats in voting to impeach him.

The attack at the U. S. Capitol marked the Republican Party’s biggest break with Trump since he took office. Some of his closest allies condemned him, and many left open the possibilit­y of convicting him at his trial, including Kentucky Sen. Mitch McConnell, the top Republican in the chamber.

Sen. Lindsey Graham, R- S. C., has emerged as an adviser of the former president and a middle- man between Trump and Senate Republican­s.

The change in attitude toward Trump doesn’t mean he will be convicted. That would take 17 Republican­s to vote with the entire Democratic caucus.

McConnell worked hand- in- hand with the White House last year to ensure Trump’s acquittal but is now open to convicting him.

If McConnell votes to convict, it could open the floodgates and offer political cover for more lawmakers to do the same.

It’s unclear whether Trump’s team will use the trial as a forum to argue the list of voter fraud claims that his campaign failed to prove.

 ?? JACK GRUBER/ USA TODAY ?? U. S. House officials deliver the article of impeachmen­t against former President Donald Trump to the Senate floor Monday at the Capitol. The trial, during which Trump will face accusation­s he incited the Jan. 6 Capitol riot, is expected to start the week of Feb. 8. Trump’s strategy isn’t clear but could focus on the fact that he is no longer in office.
JACK GRUBER/ USA TODAY U. S. House officials deliver the article of impeachmen­t against former President Donald Trump to the Senate floor Monday at the Capitol. The trial, during which Trump will face accusation­s he incited the Jan. 6 Capitol riot, is expected to start the week of Feb. 8. Trump’s strategy isn’t clear but could focus on the fact that he is no longer in office.

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