February 12, 2021 marks the fourth day of former President Trump’s second impeachment trial. His lawyers have the chance today to rebut the House impeachment managers’ cases for Trump’s conviction.
The impeachment managers shared never before seen video evidence, as well as media reports and court documents demonstrating how some perpetrators believed that they were acting at the direction of Trump.
Trump’s legal team took the tack, not usual from past explanations of Trump conduct, that it was all just typical talk and nothing unusual for a speech by a “politician”. Shades of “locker room talk” and other times so many went out of their way to poo poo an outrageous statement. Only in those cases no-one died.
This was followed by standard denials and refutations.
“This is ordinary political rhetoric that is virtually indistinguishable from the language that has been used by people across the political spectrum for hundreds of years. Countless politicians have spoken of fighting for our principals. “
van der Veen also added “You can’t incite what was already going to happen,”
“No thinking person,” van der Veen said, “could seriously believe” that the speech “was in any way an incitement to violence or insurrection,” as Democratic House impeachment managers have charged. “Nothing in the text could remotely be construed as encouraging, condoning or enticing unlawful activity of any kind.”
Reactions:
All Trump had to say at 1:30 pm or even 2:30 pm was “get out of the Capitol, that’s not what I wanted you to do. Stay outside.” He indicted himself as much by what he didn’t say on January 6th as what he did.— Tim Naftali (@TimNaftali) February 12, 2021
Whenever someone argues using whataboutism, I wish they’d realize we’d like them to instead substantively address whataboutTHISism! #ImpeachmentTrial— Laura Coates (@thelauracoates) February 12, 2021
Today isn't about making sound constitutional arguments. It's about giving Senate Republicans something to say to reporters and constituents when they vote no on conviction.— Julian Zelizer (@julianzelizer) February 12, 2021
I guess the argument is, what, that we need to protect the right of future presidents to incite insurrections?— David Axelrod (@davidaxelrod) February 12, 2021
If this were a law school exam answer it would get an F. The point is Trump’s use of speech constituted an abrogation of his constitutional duties as president. Trump lawyer is not addressing this, the main point.— Jennifer Rodgers (@JenGRodgers) February 12, 2021
Van der Veen says the political rhetoric has gone over the top and most would like it to stop ….
after he and Schoen have given us an 78 minutes of ugly partisan rhetoric.
There has been strong rhetoric on all sides but there has been incitement of insurrection on one only— Norm Eisen (@NormEisen) February 12, 2021
It looks like Trump’s defense is yet another loyalty test. Instead of giving GOP senators an easy legal fig leaf to hide behind, he wants them to sign onto yet another dishonest, absurd conspiracy theory, to force them to become even more closely tethered to him— Asha Rangappa (@AshaRangappa_) February 12, 2021
This one you could have predicted — Trump's defense is Trump is a victim. They are using this forum to justify every terrible thing he's done as not his fault. The king of alternative facts is creating "reality" now again.— Joe Lockhart (@joelockhart) February 12, 2021
Wow! Trump defense team has just claimed that the House Impeachment managers have manipulated, manufactured and tampered with evidence. This is a HUGE accusation no lawyer should take lightly! #ImpeachmentTrial— Laura Coates (@thelauracoates) February 12, 2021