Trump Attorney Previews Defense Strategy as Impeachment Trial Moves Forward

Posted: Feb 10, 2021 2:55 PM
Trump Attorney Previews Defense Strategy as Impeachment Trial Moves Forward

Source: AP Photo/Evan Vucci

Former President Trump's legal attorney outlined his strategy for defending his client in the ongoing Senate impeachment trial. Bruce L. Castor Jr. spoke to Fox News on Wednesday following a wave of criticism about his lackluster performance on Tuesday. 

"We will argue that the entire proceeding is unconstitutional, bad public policy, and is setting a bad precedent for the nation," said Castor. "We will argue that every person in the United States is entitled to due process of law, even if it is the president of the United States. And the president of the United States during the House impeachment was afforded no due process of law."

While some Republicans were unimpressed by the defense team's performance on Monday, day one of the former president's second impeachment trial, a large number of Senate Republicans remain unconvinced that impeaching Trump, who is now a private citizen, is a power afforded to Congress by the U.S. Constitution. 

Castor said he plans to argue that his client's rights to due process were also violated. 

"Due process requires an investigation—there was none—and we will point that out," said Castor. "Can you imagine if the police were allowed to arrest somebody because we think he did it and then do their investigation? Of course not."

Castor plans to spend "a great deal of time" going over Trump's words on Jan. 6., providing context and discussing First Amendment protections.

"But the House wants to create a separate class of persons to whom the Bill of Rights apply—there’s everybody, and then there’s Donald Trump," Castor added. 

Castor plans to conclude his arguments by pointing to President Biden's purported calls for unity "and explain how what is happening in the Senate is the furthest thing possible from uniting the country."

"The country is not ever going to come together until this partisan rancor is toned down about a thousand notches," he added.

While Castor did not identify possible witnesses his team may call forward, he did say he would cross-examine witnesses and call forward his own should witnesses be approved by the Senate. 

Castor also pushed back on critics, telling Fox News that he was "not planning to speak at all" before the Senate on Tuesday. 

"Yesterday was a pre-trial motion. It was supposed to be, according to the Senate resolution, a legal discussion on the issue of jurisdiction. We took the Senate resolution literally and were prepared to argue jurisdiction," Castor said, noting that "the House Managers deviated substantially from the mandate and made a very strong, and direct emotional appeal."

Castor characterized his Tuesday performance as an attempt to simply "dial back the emotion in the room." 

It sounds like Castor is saving the best for last.