Live impeachment updates: Trumps legal team use Democrats own words in defense of former president

White House Press Secretary Jen Psaki said President Joe Biden's comments Friday that he was "anxious" to see if his Republican friends "stand up" in his predecessor's impeachment trial meant  he wants the Senate to take their role seriously.

"He means that the Senate should take the responsibility seriously in how they view and pay attention to the trial this week," she told reporters at a White House press briefing.

Psaki said she spoke to the president about the harrowing footage recounting the deadly assault on the U.S. Capitol on Jan. 6 showed earlier this week at the second impeachment trial for former President Donald Trump.

House prosecutors, who charged Trump with inciting the riot, wrapped up their arguments on Thursday while Trump's legal team is arguing the former president's defense Friday.

Biden told reporters Friday morning he was "anxious to see what my Republican friends do – if they stand up." The president, who spent 36 years in the Senate, had earlier said that he was not watching the trial and instead focusing on his administration's priorities, including passing a $1.9 trillion COVID-19 relief package.

Asked earlier what Americans could learn from footage presented at the impeachment trial, Psaki said: "They certainly saw some, some powerful footage. That was a reminder of the shocking events that happened on January 6.

"I think they saw, as the President has said, that that day was an assault on our democracy," she added.

– Courtney Subramanian

Trump lawyers employ Democrats’ own words, actions to defend former president
In their opening argument at former President Donald Trump’s impeachment trial Friday, Trump's lawyers used Democrats' own words and actions to defend the former president, who is charged with inciting violence at the Capitol Jan. 6.

They replayed footage of Democrats objecting to Trump’s 2016 election victory. They aired Democratic lawmakers’ frequent comments over the past four years about how they wanted to impeach Trump. And the lawyers put together a montage of Democratic lawmakers and liberal celebrities saying they would like to “punch” Trump. Or worse.

Even President Joe Biden make an appearance via a campaign clip where he shared his animus for Trump.

“If I were in high school, I’d take him behind the gym and beat the hell out of him,” Biden says in the clip.

Before playing one montage, Trump lawyer Michael van der Veen said both sides have made combative statements, all of which is constitutional no matter how offensive it might seem to some.

“I’m not showing you this video as some excuse for Mr. Trump’s speech,” he told senators after playing one montage. “This is not whataboutism. I’m showing you this to make the point that all political speech must be protected.”

– Ledyard King and Savannah Behrmann

Trump lawyer: First Amendment protects Trump’s speech
Michael van der Veen, one of Donald Trump’s lawyers, argued the former president's speech Jan. 6 before a mob ransacked the Capitol is protected under the First Amendment, saying House managers prosecuting the impeachment trial want senators to ignore Trump's right to free speech.

Van der Veen argued that Trump’s speech hadn’t violated any law. The lawyer cited James Wilson, one of the first Supreme Court justices and an expert on impeachment, who said lawful and constitutional conduct may not be used as an impeachable offense. Van der Veen blasted a letter from 140 legal scholars who called the First Amendment defense frivolous.

“I know these First Amendment arguments are not anywhere close to frivolous,” van der Veen said. “They are completely meritorious.”

The House impeached Trump by charging him with inciting the Capitol riot on Jan. 6. House prosecutors argued that his speech spurred violence in the riot and isn’t protected as free speech.

But Trump’s lawyers said he can’t be blamed for the mob’s actions. Trump’s language urging supporters to “fight” was common political language, and that he challenged election results through legal channels, according to the lawyers. Van der Veen said adopting the House argument would erode hundreds of years of free-speech doctrine.

– Bart Jansen

'Fight': Lawyers show edited video of Democrats saying the word fight - over and over
Former President Donald Trump’s lawyers, after arguing House prosecutors had manipulated Trump’s words by showing edited videos of him speaking, simultaneously showed a montage of edited and spliced videos of dozens of Democratic lawmakers saying the word “fight”.

Trump’s lawyers were attempting to show a parallel between Trump telling his supporters on Jan. 6 before the Capitol attack to “fight like hell. And if you don't fight like hell, you're not going to have a country anymore," to Democratic lawmakers using the same language. Almost none of the clips provided context.

The lawmakers and politicians spanned from House Speaker Nancy Pelosi, former Democratic nominee and Secretary of State Hillary Clinton, Vice President Kamala Harris and Massachusetts Senator Elizabeth Warren.

Rachel Cohen, communications director Sen. Mark Warner, who was featured in the video, tweeted that the clip showed Warner "vowing on the Senate floor to ‘fight’ for HEALTH CARE FOR RETIRED MINE WORKERS.”

Trump was not impeached for using the word “fight”, specifically but rather that after his speech, his supporters breached and attacked the Capitol. 

– Savannah Behrmann

Trump lawyer: Democratic managers are manipulating Trumps words, context
Former President Donald Trump's attorney David Schoen accused the Democratic House members prosecuting the former president’s impeachment of selectively editing footage of Trump and his words to distort his role in the Jan. 6 storming of the Capitol.

Schoen pointed to what he called mislabeled tweets and short, out-of-context snippets of Trump speaking as examples that managers were more interested in portraying Trump as an inciter of violence rather than someone who was engaged in normal, political speech.

In one instance, Schoen pointed to a clip of the president’s speech at the Jan. 6 rally near the White House where he told the crowd of supporters: “After this we’re going to walk down – and I’ll be there with you – we’re going to walk down to the Capitol.”

Schoen continued to play the clip where Trump at one point said: “I know that everyone here will soon be marching to the Capitol Building to peacefully and patriotically make your voices heard.”

Schoen said the Democratic prosecutors have been deceitful.

“There is significant reason to doubt the evidence the House managers have put before us,” Schoen said. “If they did this in a court of law, they would face sanctions from the judge."

– Ledyard King
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Trump lawyer: Democrats tried to overturn Trump victory 4 years ago
During his defense in the impeachment trial of Donald Trump, the former president's lawyer Michael van der Veen showed footage from four years ago when several Democratic lawmakers objected to the electoral count of certain states such as Florida, Wisconsin and North Carolina, that affirmed Donald Trump’s 2016 victory.

Among those objecting was Maryland Rep. Jamie Raskin, who is now heading the team prosecuting Trump during this week’s impeachment trial.

Van der Veen was trying to make a point: Democrats had no problem trying to overturn an election when their candidate lost but took issue when Trump tried to exercise his right to challenge the 2020 election. While Democrats challenged the results, Trump baselessly claimed the election was stolen from him by falsely claiming voter fraud.

“As recently as 2016, the Clinton campaign brought multiple post-election court cases, demanded recounts and ridiculously declared the election was stolen by Russia,” van der Veen told the Senate Friday. “Many Democrats even attempted to persuade the Electoral College delegates overturn the 2016 results. House manager Raskin objected to the certification of President Trump’s victory along with many of his colleagues. You’ll remember it was Joe Biden who had to gavel them down.”

None of the objections in 2016 were granted.

– Ledyard King