Defense attorneys for former President Donald Trump’s impeachment argued Friday that the Democratic case against him is based on “informed” allegations and that he could not be convicted in a courtroom.
Attorney David Schoen played for senators a montage of video clips of impeachment managers using the words “allegedly,” “reported,” and “reports” over and over again to describe Trump’s conduct in connection with the January 6 riot. in the Capitol, of which he was accused of excitement.
“House managers facing a significant lack of evidence often turned to press reports and rumors during these proceedings. Claims that would never meet the evidentiary standards of any court, ”Schoen said.
“As any trial attorney will tell you, ‘supposedly’ is a euphemism for ‘I have no real evidence.’
Schoen’s video montage contained Democratic arguments that Trump was guilty of inciting violence in which five were killed and then he was satisfied with the result.
“’Reportedly’ is not the standard in any American setting where a defendant is afforded any semblance of due process. ‘Reportedly’ isn’t even ‘Here’s some circumstantial evidence.’ It’s exactly as reliable as ‘Googled it,’ ”Schoen said.
And if you are concerned that you will ever be judged based on this kind of evidence, don’t be. You get more due process than this when you fight for a parking ticket. “
Schoen said the Senate trial does not allow the defense team to delve into and challenge every piece of evidence attributed to the news reports.
“One of the reasons that due process is so important with respect to evidence offered against a defendant is that it requires an opportunity to prove the integrity, credibility and reliability of the evidence. Here, of course, former President Trump was completely denied that opportunity, ”Schoen said.
“And it turns out there is significant reason to doubt the evidence that House managers have presented to us.”
Schoen said that in one case, a tweet quoted by impeachment manager Rep. Joaquín Castro (D-Texas) about bringing the “cavalry” to DC on January 6 was actually “Calvary,” a Christian reference. .
Reports attributed to news posts about the riots were earlier challenged in trial when Senator Mike Lee (R-Utah) successfully demanded that impeachment managers drop the claims about his call with Trump during the riot. Lee said the reports were inaccurate, but did not specify how.