News: Previewing Trump's defense

Friday, February 12, 2021

Previewing Trump's defense

Feb 12, 2021

Presented by SoftBank Group

Donald Trump's defense team now has their shot to undo the House impeachment managers' arguments, and they can't afford another performance failure.

Even though the Senate is unlikely to convict Trump, there is still a lot riding on the defense's presentation as they seek to spend just a couple of hours to speak to the court of public opinion and a few wavering Republicans.

As Burgess put it: The big question in Washington today is what takes longer: Watching the Titanic or the Trump defense presentation? Here is what to expect from Trump's defense team.

SECOND CHANCE: David Schoen, a lawyer on Trump's defense team, offered a big glimpse into how they plan to make their case during a roughly 10-minute interview with reporters last night.

First and foremost: Go ahead and make those wine-at-home happy hour plans, 'cause the arguments will likely be wrapped by then as the Trump team tries to finish the trial and put it behind them. The defense counsel will make their case -- and seek to undercut the House impeachment managers' arguments -- in roughly three to four hours. They plan to use evidence that is available in the "public domain," Schoen said. So don't expect any surprises.

Their approach: This is unconstitutional, there was no due process, Trump was exercising his First Amendment, Democrats are guilty of fiery speeches and refusing to concede in elections as well, there was planned violence ahead of time, Democrats failed to make the case that Trump incited the rioters, and this is just another partisan effort by Democrats that will further divide the country.

N.B.: Schoen, an observant Jew, is not planning to work on the Sabbath, which begins tonight at sundown, so senators and Trump-world are bracing for Bruce Castor to take over the proceedings today. They fear another poor performance from him could be a big liability. But Schoen is coming to Castor's defense, telling Fox News he has been "unfairly maligned."

STRATEGY: The defense team is expected to also lean on videos -- but this time featuring Democrats, comparing their actions to the allegations they've made against Trump.

We are expecting various clips, including Democrats using hot speech.

"I thought that the argument we heard today from Congressman Raskin about what he understands the law to be was as dangerous a formulation as I've ever heard," Schoen told reporters. "I think it puts at risk every senator in that chamber and every politician who wishes to speak a passionate political speech."

Rewind: Trump's team is reportedly working to compile various clips of Democrats who also lost their election bids but refused to immediately concede in an effort to undercut Dems' arguments focusing on Trump's voter fraud claims. Axios reports one video will feature Rep. Jamie Raskin (D-Md.), the lead impeachment manager, objecting to the Electoral College results when Trump won the presidential election in 2016.

(Context: Throwback to the 2017 Baltimore Sun article on Raskin saying he "would love" to challenge the electoral votes and then Biden, then VP, telling Dems the election was "over.")

DEFINE 'FIGHT': Expect arguments centered on what is protected under the First Amendment and on the definition and use of words.

"First of all, under no circumstances could [his speech] be incitement...When he uses the word 'fight' most of the times during the day, it's clear he's talking about legislators fighting for our rights," Schoen added, noting how Dems left out Trump saying "peacefully."

PARTISAN POLLYS: Schoen previewed their plan to paint Democrats as being bloodthirsty in their efforts to impeach and remove Trump, claiming there is a double standard. It is something they already nodded at earlier this week.

LOOMING THREAT: Schoen noted the Capitol Police received warnings ahead of time, arguing there was violence already planned for that day before Trump spoke. They will also use it as a dig against Democrats for failing to conduct an investigation to get all the details of upcoming violence ahead of the trial.

Really Related Read: Oath Keepers plotting before Capitol riot awaited 'direction' from Trump, prosecutors say by NYT's Alan Feuer: http://nyti.ms/3jHVu7F

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DELIBERATING WITH THE JURY: Schoen's mini presser came after he huddled with members of the jury -- a group of GOP senators -- for over an hour on the eve of their rebuttal.

While Schoen says they simply discussed "procedures" and that the meeting lasted a while because they are "very friendly guys," Sen. Ted Cruz (R-Texas) had a much different answer (awkward!) telling reporters they discussed "their legal strategy" and the senators shared their "thoughts."

Coincidence? Schoen and Cruz appeared to be on the same messaging page, after the Texas Republican echoed similar sentiments that Schoen also shared with reporters shortly after the meeting, noting that if using words like "fight" constitutes incitement, "then every single political candidate in America is guilty of incitement."

Keep in mind: The impeachment trial is not the same as a typical courtroom proceeding. But that hasn't stopped the GOP from conflating it as such at various times, with Republicans saying Dems' incitement case would've never passed the muster test in court, yet their meeting with the defense lawyers would've been a major violation in any legal case.

CNN's Manu Raju and Alex Rogers have more on this meeting: http://cnn.it/3qqicni

SCHEDULE: Once the defense wraps ... 1) Senators have up to four hours to ask questions -- though they may not use all that time. 2) The chamber will decide whether to call witnesses and at the moment, neither side appears to have an appetite to do so. 3) There will be closing arguments for up to four hours, again could be less. 4) The Senate will make final deliberations (no time limit). All of this to say, the trial could conclude over the weekend.

Related Reads: If convicting Trump is out of reach, managers seek a verdict from the public and history by NYT's Peter Baker: http://nyti.ms/3dcMJ4e | Blunt, a juror, calls Trump's lawyers 'our side' on third day of impeachment trial by Kansas City Star's Bryan Lowry and Mary Dimitrov: http://bit.ly/3aal5mL

HAPPY FRIDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this Feb. 12, where many of us got through the week like this.

THURSDAY'S MOST CLICKED: The WSJ Editorial Board's Op-Ed on how Trump may not be convicted, but he has gone down in disgrace is the big winner.

TUNE IN TO GLOBAL TRANSLATIONS: Our Global Translations podcast, presented by Citi, examines the long-term costs of the short-term thinking that drives many political and business decisions. The world has long been beset by big problems that defy political boundaries, and these issues have exploded over the past year amid a global pandemic. This podcast helps to identify and understand the impediments to smart policymaking. Subscribe and start listening today.

IF NOT NOW...WHEN?: Democrats left their arguments for impeachment with this final message: If Trump's actions tied to the insurrection is not enough to convict, then nothing is.

KEY POINTS:

-Rep. Diana DeGette (D-Colo.) highlighted quotes from rioters who said they attacked the Capitol at the direction of Trump, while making the case the Capitol attack didn't happen in a vacuum: Trump had a history of embracing his followers who faced scrutiny for threats or violence.

-Rep. Ted Lieu (D-Calif.) warned an attack could happen again if Trump is able to run for office again -- and lose.

-Rep. Joe Neguse (D-Colo.) argued this wasn't just anyone making dangerous claims about the election at a rally, it was the president of the United States.

-Raskin argued if they don't believe this is a high crime and misdemeanor today, then they have "set a new terrible standard for presidential misconduct."

More here from Kyle and Andrew: http://politi.co/3qe01RH

Related Reads: Neguse makes a name for himself during impeachment trial by The Denver Post's Justin Wingerter: http://dpo.st/2MWZVzH | A year of election misinformation from Trump, visualized by WaPo's Philip Bump http://wapo.st/3aVB47f |

OPINION: Just keep talking, Tommy Tuberville: The more he says, the worse it gets — for Trump, Kyle Whitmire's take in AL.Com: http://bit.ly/3jFQLDw

A PARTY TEST: Democrats are eager to pass an immigration package, but they are divided over how ambitious they can get, with some pushing to pass what they can in a narrowly controlled Congress while others are looking for a huge overhaul of the U.S. immigration system. And they are debating whether they should take a piecemeal approach, or make one big push to get immigration legislation through Congress.

To hit at this point: Top Democrats spent days trying to convince members of the Congressional Hispanic Caucus not to offer an amendment on the immigration issue during the Covid bill's markup this week, fearing doing so would put the party's centrists in a very uncomfortable position.

Important point here: Democrats have made a small step towards increasing payment access for undocumented immigrants since last year...which could prove divisive.

As my colleagues report: "In the Covid package moving through committee this week, Democrats expanded the eligibility pool for households to receive checks to include all children who are U.S. citizens regardless of their parents' immigration status." Heather, Sarah and Laura Barrón-López have more: http://politi.co/3d1j12h

TAKING A HIKE: Speaker Nancy Pelosi told reporters yesterday that the House's Covid package — which is being drafted this week — "will" include the $15 minimum wage hike when it is delivered to the upper chamber, showing that Dem leaders are ready to fight for their efforts to pass the wage hike even amid doubts that the proposal can survive a narrowly divided Senate as now two Dem senators have voiced opposition. Sarah and Marianne have more: http://politi.co/3tMVcRI

CENTRIST COMPLICATIONS: Sen. Kyrsten Sinema (D-Ariz.) is joining Sen. Joe Manchin (D-W.V.) in making her opposition to the wage hike known, further threatening the fate of the measure which Democrats are eager to include the hike in the budget reconciliation

As Burgess puts it: "Sinema doesn't often make big policy pronouncements. But when she does, Democrats had better listen."

"What's important is whether or not it's directly related to short-term Covid relief. And if it's not, then I am not going to support it in this legislation," Sinema told Burgess in a phone interview this week. "The minimum wage provision is not appropriate for the reconciliation process. It is not a budget item. And it shouldn't be in there." More here from Burgess: http://politi.co/3qdIRnm

CAR, PLANE, TRAIN?: The Energy and Commerce Committee was busy cranking through a very lengthy markup yesterday when Chairman Frank Pallone (D-N.J.) called out Rep. Billy Long (R-Mo.) for apparently taking part in the markup from a plane...and a lack of service up in the air made it so his video wouldn't load during a vote. Sarah has more deets.

But this got your Huddle host thinking, what are the weirdest things you -- staffers and members -- have seen during these markups this week? Email me at Obeavers@politico.com.

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BUDGET MOVES: The House Ways and Means Committee advanced legislation along party lines yesterday that would infuse households with $593 billion in benefits. While most of that is the $1,400 stimulus payments, it also includes tax credits for low-income families and workers who are also paying for the care of children or other adults. More here from Bloomberg's Laura Davison: http://bloom.bg/3paVzC1

STILL SUPPORTED: Rep. Darin LaHood (R-Ill.), a Trump ally who just was named finance chair of the NRCC, is standing by Republicans who voted to impeach Trump last month, stating that the Republican campaign arm won't seek to punish those GOP members as the party accepts it will be a "big tent" if it wants to be in the majority. Shia Kapos has more: http://politi.co/2NmtEBL

Related: The Republican Study Committee is embracing the Chamber of Commerce's incoming chief executive after a rocky relationship this past year, per The Hill's Alex Gangitano … This also comes as the Chamber has recently embraced Biden, making Republicans livid, our Theodoric Meyer and Caitlin Oprysko report.

SAD UPDATE: A former staffer who worked on Rep. Beth Van Duyne's (R-Texas) congressional campaign died by suicide in front of her home in Texas yesterday, which has left the freshman lawmaker both shocked and grieving. The Dallas Morning News has more: http://bit.ly/3tJI3c2

CABINET CORNER:

Updates: "The Senate Health, Education, Labor and Pensions Committee on Thursday advanced the nominations of Miguel Cardona to be Education secretary by a vote of 17-5, and Martin J. Walsh to be Labor secretary, 18-4." by Roll Call's Caroline Simon: http://bit.ly/3pm17df

THE UNOFFICIAL GUIDE TO OFFICIAL WASHINGTON: February is short month, but there is a lot in store. From the impeachment trial to the Covid relief package to intraparty squabbles, our new Playbook team is on the case. Rachael Bade, Eugene Daniels, Ryan Lizza and Tara Palmeri are canvassing every corner of Washington, bringing you the big stories and scoops you need to know – and the insider nuggets that you want to know – about the new power centers and players. "This town" has changed. And no one covers this town like Playbook. Subscribe to the unofficial guide to official Washington today .

TRANSITIONS

Nothing today.

TODAY IN CONGRESS

The House meets at 9:30 a.m. in a pro forma session.

The Senate convenes at 12 p.m.

AROUND THE HILL

BUDGET RECONCILIATION MARKUPS: In the House, the Energy and Commerce Committee begins its markup at 11 a.m. … Oversight and Reform Committee markup is at 12 p.m.

12 p.m.: The Senate impeachment trial resumes.

6 p.m. The Maryland Democratic Party holds a Black History Month virtual discussion featuring Maryland Dem Reps. Anthony Brown and Kweisi Mfume.

COMING UP: Join Playbook co-author Rachael Bade this Tuesday at 9 a.m. for a live conversation with Assistant House Speaker Katherine Clark (D-Mass.) on the most pressing legislative priorities from Covid to economic recovery and her approach to getting things done. You can sign up here: http://bit.ly/2ZaLJFS

TRIVIA

THURSDAY'S WINNER: Kelly Bobek was the first person to correctly guess that Rep. Liz Cheney (R-Wyo.) is the last son/daughter to occupy the same position of leadership that a parent of hers previously held… i.e. Dick Cheney.

TODAY'S QUESTION: From Kelly: Who was the first sitting Speaker of the House to lose their re-election? How many Speakers in history have lost their elections while Speaker?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answer to obeavers@politico.com.

GET HUDDLE emailed to your phone each morning.

A message from SoftBank Group:

Entrepreneurs of color are vastly underrepresented in the tech industry. That's why SoftBank Group launched a new $100 million venture fund for outstanding Black, Latinx and Native American entrepreneurs that use technology to reimagine traditional business models and create new ones.

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