The case President Donald Trump’s defense team will present Friday boils down to this: Trump made some inappropriate remarks, but none of his rhetoric, covered under the First Amendment, rises to the level of inciting the Jan. 6 insurrection at the Capitol.
The House impeachment managers “built sort of a false dichotomy,” Trump attorney David Schoen told reporters after House impeachment managers finished presenting their case Thursday. “There’s no middle ground, there is no possibility of thinking what he said maybe, you know, was inappropriate.”
Schoen, arguing there is indeed a middle ground between inappropriate and incitement, focused on the comments Trump made at the “Stop the Steal” rally outside of the White House on Jan. 6, in which he urged his supporters to “fight like hell” as Congress began its joint session to certify the election results.
“Under no circumstances could it be incitement,” he said. “It’s a powerful speech, but when he uses the word ‘fight’ most of the times during the [speech], it’s clear he’s talking about legislators fighting for our rights, people fighting to advocate. And you know everyone likes to overlook the word ‘peacefully’ in there.”
It’s unclear if the defense will address Trump’s rhetoric in the months leading up to Jan. 6, as the House managers did. But Alabama Sen. Tommy Tuberville, saying he is reserving final judgment until the end of the trial, said he thinks it’s unnecessary for them to address comments Trump has previously made.
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February 12, 2021 at 08:19PM
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Trump defense: 'middle ground' between election 'fight,' inciting violence - Roll Call
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