The former president, whom House Democrats have accused of inc | .
The former president, whom House Democrats have accused of inciting the rioters at a rally earlier the same day, is already hemorrhaging support within the GOP. Recent public polls have shown a sharp decline in support among Republican voters for a potential Trump comeback bid in 2024. And a widely televised trial that reminds voters and lawmakers of the disturbing moments when MAGA devotees assaulted law enforcement officials and broke into the Capitol building could harm his future political aspirations even more.
“The Democrats have a very emotional and compelling case,” said former White House chief strategist Steve Bannon. “They’re going to try to convict him in the eyes of the American people and smear him forever.”
Trump’s legal team appears to have similar trepidations that next week’s proceedings will turn into a high-profile retelling of the riots and his role in them. To prevent that from happening, his lawyers have centered their case on whether it is constitutional to impeach a president after he’s left office. They also plan to argue that he did not engage in insurrection, saying his fiery speech on the ellipse of the White House was protected by the First Amendment, without indulging a lengthy discussion about what happened on Jan. 6.
“We don’t need to focus on Jan. 6 because this is unconstitutional,” said a person familiar with the strategy, who was not authorized to speak publicly. “There’s a lot of legal technical arguments that are going to be discussed.”
The concern among Trump’s allies that the trial will be a relitigation of the events at the Capitol underscores the degree to which next week is being viewed as a public relations matter for the optics-obsessed former president. It was notable on Thursday that in a letter dismissing the House impeachment managers’ calls for Trump to testify at the trial, the ex-president’s lawyers decried the request as a “public relations stunt.”
Still, there is little Trump’s team can do to stop the trial from veering towards a discussion of Jan. 6, since the impeachment managers are likely to focus intensely on the riots — and could, indeed, call witnesses to testify about what happened. In advance of that happening, top Republicans have begun to warn that Democrats are trying to score political points rather than address substantive constitutional matters.
“I think we all know what happened there, and I think that was reckless,” Sen. John Cornyn, R-Texas, said of Trump’s speech and riots that occurred after. “But I think the Democrats are wanting to make a statement rather than to provide a fair process by which this could actually be considered in a constitutional way.”
