USA TODAY International Edition
Trump defense strategy murky
As trial begins, he lacks star lawyers, full GOP backing
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 office 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- profile political case. Trump’s first 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 flash point, and some Republicans noted there is a hesitancy to defend Trump across the party.
“It’s much easier for a sitting president to find 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 officers.” It doesn’t delve into former presidents or holding an official who left office accountable for conduct committed while in office.
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 officials 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 office. 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 floodgates and offer 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.