2:21 p.m. ET, February 3, 2021
Trump's impeachment lawyer says he'll focus on "technical" defenses at trial
From CNN's Jeremy Herb
Former President Donald Trump’s impeachment lawyer Bruce Castor told a Pennsylvania radio station on Wednesday that he plans to focus on “technical” defenses of Trump during next week’s impeachment trial and will not make claims the election was stolen.
Castor told KYW Newsradio that he was not pressured to try to defend Trump’s false and baseless claims about widespread election fraud, saying he made clear when he was vetted for the job that he “wasn’t interested in using anything other than technical defenses.”
“There are plenty of questions about how the election was conducted throughout the country, but that’s for a different forum. I don’t believe that’s important to litigate in the senate trial, because you don’t need it,” Castor said.
Of course, while the legal filing that Castor and David Schoen filed on Tuesday defending the President didn’t claim the election was stolen, it did embrace some of Trump’s false claims about the election.
The
filing claimed that “insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President’s statements were accurate or not, and he therefore denies they were false.”
Castor was named to Trump’s legal team on Sunday after five of Trump’s lawyers left the team the day before over a strategy disagreement after Trump
wanted them to falsely argue there was mass election fraud.
Castor said the impeachment defense plans to focus on the argument that the Senate doesn’t have jurisdiction to try Trump because he’s no longer in office, as well as that Trump’s speech on Jan. 6 ahead of the Capitol riots did not meet the criminal definition of incitement and was protected by the First Amendment.
“Just because somebody gave a speech and people got excited, that doesn’t mean it’s the speech-makers fault – it’s the people who got excited and did what they know is wrong that are at fault,” Castor said. “That’s the focus that we’re going to take.”