Justin M. Howard | February 15, 2021
Former President Donald Trump was acquitted on Saturday by the U.S. Senate of charges that he incited the Capitol riot on Jan. 6. Seven Republicans joined the 50 Democrats in a guilty vote, but two-thirds of the majority were needed for a conviction. The prosecution showed ‘never before seen’ footage of the violence that took place at the Capitol and insisted that Trump initiated it. Despite the Senate being told this repeatedly, 43 still voted ‘Not Guilty’. What should’ve weighed heavy on the minds of both parties was the evidence presented by the defense on Day 4, they ripped the prosecution’s case to shreds. Here’s 5 strong arguments made by the defense team that contributed to Trump being acquitted.
Prosecution Uses False Tweets and Manipulated Video Footage Against Trump
Attorney David Schoen showed evidence that tweets and news footage used by the House impeachment managers were manufactured and heavily edited. The tweets and video footage was used by prosecutors in an attempt to connect Trump to the Capitol riots. In one tweet used, the defense spotted that the message was dated for the year 2020, the original tweet was sent out in 2021. In another tweet, a Trump supporter tweeted she would be bringing in the ‘cavalry’. The prosecution presented this tweet to show Senators that Trump knew of a potential insurrection and requested that his followers be armed. According to the defense, the tweeter was speaking of a crucifix, a symbol of her religion and not ‘cavalry’ as in soldier warfare.
Prosecutors also showed footage of Trump telling the crowd to march to the Capitol, the portion where he stated the purpose was cut from the video: “We’re going to cheer on our brave congressmen and women and not others, peacefully and patriotically.” Footage was altered to make Trump appear to be speaking directly to a wild mob, but in real-time, at this point in his speech, the mob had already dispersed to go to the Capitol. Trump’s defense team has accused the House impeachment managers of manipulating tweets and video. Its not clear who manipulated the tweets and footage, even though the prosecution used it as evidence – the source of it is unknown.
Insurrection was Premeditated, Pre-planned and Carried Out by Various Political Groups
The defense continuously asserted that “Trump’s words did not equate to incitement and that those who breached the Capitol are the ones fundamentally responsible for their own actions.” The FBI investigation revealed tweets and video footage by rioters that indicates the attack was pre-planned and premeditated weeks before Jan 6. Those arrested included 180 men and 26 women, from 18 to 70 years old. An investigation into the social media accounts, court records, financial documents and criminal history of rioters revealed that they were a mixture of Trump supporters, QAnon followers, evangelical Christians, white nationalists and members of far-right and anti-governmental groups. John Sullivan, a left-wing activist was also charged in connection with the Capitol riot. It was “a toxic brew of conspiracy theorists,” said Aitan Goelman, a lawyer who helped prosecute Oklahoma City bomber Timothy McVeigh, told Pulver.
Challenging Election Results, Trump Legal Right
According to the prosecution it was the ‘big lie‘ of a stolen election that Trump used to aggravate the mob. The defense argued that Trump exerted his legal rights in the court system by challenging the election results, the same way others have before him. Van Der Veen showed a video montage of house manager Jamie Raskin and others from the Democratic party challenging results in 2016 and 2017.
Trump’s Words Were Typical Political Rhetoric
House impeachment managers claimed Trump’s words also incited the mob when he told supporters they would lose the country if they didn’t “fight like hell.” Attorney Veen stated: ” This is ordinary political rhetoric that is virtually indistinguishable from the language that has been used by people across the political spectrum for hundreds of years.” In part of Trump’s defense, a video of political figures using the exact same terminology and rhetoric was shown to the Senate. In addition, clips of Trump repeatedly expressing the need to respect ‘law and order’ were also omitted by the prosecution.
Hypocrisy of Other Parties
Another win towards Trump’s acquittal were the words of other political candidates. Despite the majority of the protests over the summer being peaceful, there were also violent extremist acts by many. The defense referenced several violent mob attacks that led to injuries and deaths over the summer of 2020, and used quotes from political figures that encouraged or undermined the behavior. In one case, protestors set fire to a Minneapolis police station while police were inside. The white house was also under attack by mobs night after night, the National Guard was called to secure it, the story would later be flipped by the press to indicate racist motives.
Attorney Schoen showed a video montage of more violent attacks and what seemingly appeared like political figures encouraging the violent behavior. Some did encourage the violence to an extent but most statements were towards peaceful protestors. As strategically pointed out, this group of politicians in the Democratic party were never charged with impeachment for inciting a mob.