Trump impeachment protection in disaster with Giuliani named in proof and Dershowitz dominated out

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Donald Trump lawyer Rudy Giuliani, who has led Trump

Wednesday’s House vote to impeach President Trump has teed up a Senate trial where President Donald Trump will once again decide on a team to represent him – this time on a charge of ‘incitement of insurrection.’

Sources have already said Trump may turn to lawyer Rudy Giuliani as he battles impeachment a second time, this time before a Senate ‘jury’ that may be considerably more skeptical than last time. Senate Majority Leader Mitch McConnell said Wednesday he does not know how he will vote.

Giuliani has been a key legal advisor to Trump while also leading a personal crusade to unearth potential dirt on Joe Biden in Ukraine as well as on his son’s business dealings.

Donald Trump lawyer Rudy Giuliani, who has led Trump’s legal effort to overturn the election results in court, is expected to head his legal effort as the impeachment trial approaches in the Senate

But Trump will have to do without the services inside the Senate chamber of prominent constitutional lawyer Alan Dershowitz, who joined his team last year and appeared in the Senate chamber.

‘I will be defending the First Amendment in the court of public opinion, not in the Senate,’ Dershowitz told DailyMail.com. He didn’t say whether Trump had asked him to serve in his defense. 

Giuliani’s appearance as a Trump lawyer before the Senate, which advisors have said it is under consideration, comes despite Giuliani himself speaking before a rally crowd shortly before the MAGA mob stormed the Capitol.

On his podcast ‘What really happened on January 6,’ Giuliani made an argument that likely to reappear at trial: that neither Trump (nor he) engaged in incitement. 

Lawyer Alan Dershowitz said he won't defend Trump at trail, but will defend the First Amendment in public

Lawyer Alan Dershowitz said he won’t defend Trump at trail, but will defend the First Amendment in public

Rudolph Giuliani, attorney for President Donald Trump, conducts a news conference at the Republican National Committee on lawsuits regarding the outcome of the 2020 presidential election on Thursday, November 19, 2020, when hair dye was seen dripping down his face

Rudolph Giuliani, attorney for President Donald Trump, conducts a news conference at the Republican National Committee on lawsuits regarding the outcome of the 2020 presidential election on Thursday, November 19, 2020, when hair dye was seen dripping down his face

Rudy Giuliani, personal lawyer to U.S. President Donald Trump, speaks during a Pennsylvania Senate Majority Policy Committee hearing in Gettysburg, Pennsylvania, U.S., on Wednesday, Nov. 25, 2020. Trump ran with Giuliani's claims of massive fraud, continuing to make the case at a rally before the Capitol riot

Rudy Giuliani, personal lawyer to U.S. President Donald Trump, speaks during a Pennsylvania Senate Majority Policy Committee hearing in Gettysburg, Pennsylvania, U.S., on Wednesday, Nov. 25, 2020. Trump ran with Giuliani’s claims of massive fraud, continuing to make the case at a rally before the Capitol riot

Supporters listen as US President Donald Trump speaks on The Ellipse outside of the White House January 6, 2021, in Washington, DC.

Supporters listen as US President Donald Trump speaks on The Ellipse outside of the White House January 6, 2021, in Washington, DC.

Pro-Trump supporters and far-right forces flooded Washington DC to protest Trump's election loss. Hundreds breached the U.S. Capitol Building, approximately 13 were arrested and one protester was killed. Pro-Trump Supporters Breach The US Capitol Building, Washington DC, District of Columbia, United States - 06 Jan 2021

Pro-Trump supporters and far-right forces flooded Washington DC to protest Trump’s election loss. Hundreds breached the U.S. Capitol Building, approximately 13 were arrested and one protester was killed. Pro-Trump Supporters Breach The US Capitol Building, Washington DC, District of Columbia, United States – 06 Jan 2021

President Donald Trump protest inside the US Capitol on January 6, 2021, in Washington, DC. - Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification

President Donald Trump protest inside the US Capitol on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification

He pointed to the weapons and even climbing equipment crowd members took to the Capitol after the rally where he and Trump spoke.

‘This was a pre-planned attack on the Capitol, which would have happened rally or no rally or irrespective of anything said at the rally,’ Giuliani said.

‘And nothing said at the rally would amount to inciting anything. And it didn’t incite anything – at the moment it was said, much less later, because it wasn’t said over and over again in some kind of truck riding through there,’ he continued. 

Giuliani did not immediately respond to a request for comment on his role. 

White House counsel Pat Cipollone, who also joined Trump’s defense last time, will be out of a job next week – and has reportedly been on the verge of quitting his post. 

Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington

Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington

Trump began making his own defense in a video statement Wednesday, when he decried ‘mob violence’ and said ‘no true supporter of mine could ever endorse political violence’ or ‘disrespect law enforcement.’  

Giuliani also said Antifa ‘set Trump up’ and a ‘willing crooked media’ went along with it, although the Justice Department has said there was not evidence of Antifa involvement and has begun rounding up people who overran the people who said on tape they were Trump supporters.

He also argued that Trump backers are attracted to Trump because he’s ‘exceedingly pro police’ and ‘law and order’ – something that certainly comports with Trump’s political message. 

‘We have video evidence that the Trump people did everything they could to prevent this,’ Giuliani said.  

Another key part of the evidence Democrats are expected to bring forward are Trump’s repeated claim that the election was ‘rigged’ – a campaign that was repeatedly put forward by Giuliani himself in concert with the president. 

Giuliani faces his own potential legal exposure for telling supporters to engage in ‘trial by combat’ in his remarks, which came before Trump’s. 

His suffered some embarrassing defeats in court while leading Trump’s election defense. 

When he appeared in federal court in Pennsylvania for the first time in decades, a judge blasted his proposed remedy. ‘You’re alleging that the two individual plaintiffs were denied the right to vote,’ said U.S. District Judge Matthew W. Brann. ‘But at bottom, you’re asking this court to invalidate more than 6.8 million votes, thereby disenfranchising every single voter in the commonwealth. Can you tell me how this result can possibly be justified?’ 

At another point, Brann asked him to say what legal standard should be applied. ‘I think the normal one,’ Giuliani responded. 

‘Maybe I don’t understand what you mean by strict scrutiny,’ Giuliani said at one point. 

Senate Minority Leader Charles Schumer of New York said in a statement that the trial would go forward, most likely after January 19th – meaning when Trump is out of office, another X factor in how the trial will go. 

‘Make no mistake, there will be an impeachment trial in the United States Senate; there will be a vote on convicting the president for high crimes and misdemeanors; and if the president is convicted, there will be a vote on barring him from running again,’ Schumer said. 

Giuliani’s comments appear in a House Judiciary Committee report on impeachment rushed to press before Wednesday’s vote. ‘Shortly before the President spoke (at the rally), his attorney Rudy Giuliani reiterated the President’s false claims that the 2020 presidential election was not a ‘clean election,’ and ended by urging the crowd to ‘have trial by combat,’ the report said.

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