In a statement filed by former President Donald Trump’s legal team to defend himself against charges of ‘inciting insurgency’ in his upcoming Senate hearing, he says he still considers himself president, an allegation made by Republicans of possibly putting the Senate in a Catch-22 situation, forcing them to contradict Trump or to contradict their own allegations that he is a former president and therefore impeccable.
The quote
Political commentator Rachel Maddow said on MSNBC on Tuesday night:
“The president’s defense mandate actually claims Trump’s line that Joe Biden may not have been legally elected president. The whole mandate never once describes Donald Trump as the former or former president … The mandate argues that the results of the election that Trump voted for and Biden enters, claims that the results, and I quote, are ‘suspicious’. It is alleged that when President Trump told his supporters on the day of the attack that he was in the election’ won a rush, they claim they have no evidence today to say it is false. ‘
Why does it matter?
Trump’s defense declares in part that he cannot be convicted of inciting an uprising on January 6, because, according to the brief description, he merely declares his conviction that he won the election with a big rush – although more as 60 lawsuits making similar allegations are mostly thrown out of the courts for lack of evidence.
As such, Trump’s defense could potentially put Senate Republicans in an awkward position.
On January 27, 45 Senate Republicans voted to declare the indictment unconstitutional because, according to them, you cannot accuse a former president. However, since Trump says he is still president, it means he believes he can in fact still be charged, which contradicts the 45 Republicans of the Senate who said otherwise.
If Republicans of the Senate claim that Trump is not the right president, it would directly contradict Trump and undermine an important part of his legal defense. It will also make Republicans subject to possible harassment and death threats from some Trump supporters who also believe he won the election and that major Republicans did not do enough to keep him in power.
The counterpoint
Regardless of Trump’s legal defense, there are not enough Senate votes to accuse him in the upper chamber. To be prosecuted, 17 Senate Republicans will have to cross party lines and vote with Democrats to convict him, but only five Senate Republicans voted to hold the trial.
Although the indictment could still weaken Republicans’ public image – especially if insurgents are called to testify and blame Trump’s words for inciting them to riot, he is unlikely to be convicted.
South Carolina Republican Senator Lindsey Graham said witnesses calling would open a can of worms, which would extend the trial for months as senators questioned FBI agents about the numerous organizers behind the “Stop the” rally. Steal ‘on January 6 where Trump held. his comments.
However, Graham’s assertion can only be a warning to Democrats: the longer the Senate is occupied with accusations, the less time it will take to confirm President Biden’s political appointments or consider legislation to advance Biden’s agenda.
Mark Wilson / Getty