“When you use the word ‘fight’ most of the times during the case, it’s clear he’s talking about legislators fighting for our rights, people fighting to advocate, and you know everyone likes to overlook the word ‘peacefully’ in there,” Trump attorney David Schoen told reporters on Thursday.
The team plans to use video, just as the Democrats did, including showing Democratic leaders using similar language to Trump, according to a source close to the former President’s legal team. That includes now-Senate Majority Leader Chuck Schumer, a New York Democrat, saying outside the US Supreme Court last year, “I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions,” referring to Supreme Court Justices Neil Gorsuch and Brett Kavanaugh.
Of course, Schumer’s comments did not lead to any violence or an attempt to overturn the results of an election. But the Trump team plans to argue that Trump never intended for the protesters at his rally to take over the Capitol.
Trump’s lawyers are also expected to focus on his comments at the January 6 speech telling supports to “peacefully and patriotically” protest, in addition to saying they should “fight like hell.”
“We were discussing their legal strategy and sharing our thoughts,” Cruz said after the meeting. “I think the end result of this impeachment trial is crystal clear to everybody. … Every person in the Senate chamber understands that there are not the votes to convict, nor should there be.”