Former Montco DA Closes out Trump's Defense

The Montgomery County connection to the second impeachment trial of Donald Trump, begun with state Rep. Madeleine Dean serving as a House manager, concluded Friday with former district attorney Bruce Castor offering the closing arguments in the matter.

Castor, whose rambling opening remarks were criticized by Republican senators who must be part of the jury sitting in judgement, chose to use less time for his second appearance.

Although the rules agreed upon for the impeachment trial in the senate allowed the defense up to 16 hours to defend the former president on the single charge of incitement of an insurrection, the defense, which Castor told the senators he was leading, took just two hours and 32 minutes.

Castor, who responded to just one of the hours of loaded questions which followed the closing of the defense, was assisted by two other lawyers, David Schoen and Michael Van der Veen.

Van der Veen answered the vast majority of the questions from the senators.

All three lawyers, who adopted the phrase "snap impeachment," also accused the House managers of manipulating and altering the evidence they presented to the Senate.

Like the House manager's case, Trump's defense included liberal use of video footage, both to show a broader context of Trump's comments during his Jan. 6 speech, but also countless examples of Democrats using similar language, specifically using the phrase "fight," with no consequences or complaint.

They included many of the people who will decide the case, including senators Corey Booker, Bernie Sanders and Elizabeth Warren.

"It's alright, you didn't do anything wrong," Schoen told the senators. "It's a word people use, but please stop the hypocrisy."

Schoen also showed a video with more complete comments Trump made after the racist attacks in Charlottesville, Va., showing him clearly denouncing white supremacists. 

When Trump says "fight" he means "political action and primary challenges," Schoen said.

"Hatred, animosity, division, political gain, and let's face it Donald Trump is the best enemy to attack," is how Schoen characterized the decision to impeach and try Trump.

Van der Veen dismissed earlier attempts by House managers to cut off discussion about whether the Senate can impeach an official who is already out of office, and cited famous Pennsylvanian Constitutional expert James Wilson.

Michael Van der Veen

Van der Veen noted that Wilson taught George Washington's administration the first lessons on the U.S. Constitution at the University of Pennsylvania in Philadelphia.

"Trump's words are no different than the figurative language you saw before," Van der Veen said in reference to the earlier footage of Democrats using words similar to Trump's. 

"The more the House managers speak, the more their hypocrisy is revealed. You must reject this invitation to ignore the First Amendment. It is anti-American and would set dangerous precedent forever," he said.

When he took to the podium, Castor told the senators "clearly, there was no insurrection. What they meant was incitement to violence or riot. Incitement is the critical issue in the case."

Castor said Trump and his lawyers "adamantly denounce the actions by the criminals that occurred in this chamber, and in this building." 

But knowing no one was condoning the attack on the Capitol building, "House managers chose to spend 14 hours showing how horrific the attack was" and never touched Trump's culpability," Castor said.

"By any measure, President Trump is the most pro-police, anti mob president this country has ever seen," Castor said. "But politics changes things. Politics has interposed an element that should be here. It has interposed an element of hatred," which "should not be part of the dynamic."

"The attack on this building shocked us all," Castor said. "We know the President did not incite the riot because of his plain words that day," he said, again accusing House managers of doctoring video evidence.

"If they're trying to fool you about one thing," said Castor "you may conclude they are trying to fool you in everything else." He pointed out that House managers had not included Tweets Trump sent shortly after his speech ended urging his followers to "stay peaceful and respect our men and women in blue."

Castor also pointed out that even while Trump was speaking "violent protestors" had already begun to gather in front of the Capitol building. "There were criminals at the capitol were not even here to hear the president's words. They were here for their own pre-planned assault," Castor said.

Image from screenshot

Part of video shown during Castor's presentation before the Senate.

"Political hatred has no place in the American justice system and certainly no place in the Congress of the United States," Castor said, and showed a video with m any clips of Trump saying he is pro-police.

"Is it possible that President Trump's disdain for violence could have been any clearer to the people listening to his speech? I suggest to you that is impossible," Castor said. He was telling his supports on Jan. 6 that "if members of Congress wouldn't fight for principles they hold dear, you support primary challengers," Castor said.

Never shy to offer up his bona fides, Castor said, "I spent more than three decades locking up killers and I do know a little about applying the facts to the law. If we're going to apply facts to the statute, it has to be done consistently."

Noting that House managers had likened the impeachment proceeding there to a grand jury, Castor, who has experience with grand juries, said "In grand jury proceedings, you call witnesses, you present evidence. You invite target of grand jury to testify if he or she pleases to be heard by grand jury. Which one of those things happened in the House prior to the impeachment article? I don't think any of it happened."

It is noteworthy that during the question and answer period, lead House manager Jamie Raskin noted that Trump was invited to testify before the Senate in his own defense, but he declined.

Castor cited the Supreme Court  Brandenberg Vs. Ohio to discuss how the First Amendment relates to the charges against Trump. "The speaker must intend his speech will result in violence or lawless action," he says. Violence must be "likely result of the speech."

"The president did not cause the riots, but called for the peaceful exercise of every American's rights to petition their government for redress of grievances," Castor said, using language included in the First Amendment.

"Why are we here?" asked Castor. "We are here so the Democrats cans substitute their judgement for the judgement of the voters." 

"Democrats said they were here to unify and to provide COVID relief. Instead, they did this," Castor said as his arguments came to a close. 

"This trial is about far more than President Trump. About silencing and banning the speech the majority doesn't agree with," calling it "Constitutional cancel culture."

"I urge Republicans," Castor said, "the next time you are in the majority to resist what will be an overwhelming temptation to do this to the opposing party."

Click here to read my live Tweets from Trump's defense team, with particular focus on our local angle, former Montgomery County district Attorney Bruce Castor.