A group of five defense attorneys is no longer representing ex-president Donald Trump on articles of impeachment which accuse him of inciting an insurrection at the U.S. Capitol during his waning days in office, CNN and The New York Times reported late Saturday. Two of the lawyers, Butch Bowers and Deborah Barbier, “were expected to be two of the lead attorneys” for Trump’s second impeachment trial in the U.S. Senate, Kaitlan Collins tweeted.
News — With a little more than a week before his impeachment trial is set to begin, President Trump’s legal team is up in the air. Butch Bowers and Deborah Barbier, who were expected to be two of the lead attorneys, are no longer on the team, @GloriaBorger & I are told. Story TK.
— Kaitlan Collins (@kaitlancollins) January 31, 2021
Per @JasonMillerinDC, final decision on team hasn’t been made but will be soon. “The Democrats’ efforts to impeach a president who has already left office is totally unconstitutional & so bad for our country. In fact, 45 Senators have already voted that it is unconstitutional.”
— Kaitlan Collins (@kaitlancollins) January 31, 2021
A subsequent report indicated that the decision to part ways was “mutual” between Trump and the first two attorneys who were reported to have left the 45th president’s legal team.
Shortly thereafter, Collins tweeted that a third attorney, Josh Howard, had also exited the Trump team. The subsequent tweet indicated that a tactical disagreement may have been behind the move. Trump, per Collins, “wanted the attorneys to argue there was mass election fraud and it was stolen from him rather than focus on proposed arguments about constitutionality.”
CNN also updated its original report to state that attorneys Johnny Gasser and Greg Harris also left the Trump impeachment team.
A third attorney, Josh Howard, who was also recently added to Trump’s defense team, has also left, I’m told. Trump wanted the attorneys to argue there was mass election fraud and it was stolen from him rather than focus on proposed arguments about constitutionality.
— Kaitlan Collins (@kaitlancollins) January 31, 2021
Maggie Haberman of The New York Times corroborated several key elements of the CNN report. She noted that Barbier and Bowers were “hired with fanfare” — but that Bowers was “noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters.”
A “person familiar with the situation said there was no chemistry between Bowers and Trump,” Haberman added.
Confirming CNN report that Bowers and Barbier, two SC lawyers hired with fanfare, are no longer on his team. A person familiar with the situation called it a “mutual” decision.
— Maggie Haberman (@maggieNYT) January 31, 2021
Bowers has been noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters. The person familiar with the situation said there was no chemistry between Bowers and Trump.
— Maggie Haberman (@maggieNYT) January 31, 2021
She later noted it was “unclear” who is on Trump’s team at this point.
Josh Howard, an NC-based lawyer who had been reported as joining the effort but who was never confirmed by Trump advisers publicly, is also not on the team, per a second person familiar with the situation. Unclear who is on the team.
— Maggie Haberman (@maggieNYT) January 31, 2021
Indeed, Trump adviser Jason Miller touted Bowers’ arrival in a Jan. 21 tweet which, as they say, did not age well at all:
Excited to announce that Columbia, SC-based Butch Bowers has joined President Trump’s legal team. Butch is well respected by both Republicans and Democrats and will do an excellent job defending President Trump.
— Jason Miller (@JasonMillerinDC) January 21, 2021
Miller tweeted Saturday that he considered it “unconstitutional” for the Senate to “impeach a pres[ident] who has already left office” and that such a move would be “bad for our country.”
Dem. efforts to impeach a pres. who has already left office is unconstitutional & so bad for our country. In fact, 45 Senators have already voted that it is unconstitutional. We have done much work, but have not made a final decision on our legal team, which will be made shortly. https://t.co/OQIugh0A8F
— Jason Miller (@JasonMillerinDC) January 31, 2021
A subsequent New York Times report confirmed that Trump and his departed attorneys had “differences of opinion” regarding strategy, but it downplayed whether the specific disagreement was over whether or not Trump should his claim that the election was stolen.
“Mr. Trump has insisted that the case is ‘simple’ and has told advisers he could argue it himself and save the money on lawyers,” the Times said. (The newspaper immediately added that Trump’s aides did not believe the ex-president was “seriously contemplating” representing himself.)
Haberman tweeted that Steve Bannon was telling Trump to at least partially represent himself.
Bannon, who was talking to Trump ahead of his departure from DC and the day Trump went back and forth on pardoning him, is encouraging him to go to the senate himself. “He’s the only one who can sell it.”
— Maggie Haberman (@maggieNYT) January 31, 2021
Trump’s second impeachment is scheduled to begin on Feb. 9. A group of Republican Senators voted to signify that they also consider it unconstitutional to try a president on articles of impeachment who has already left office. Many, though not all, legal scholars see things differently, but Miller’s tweet suggests that Trump may predictably raise the issue as a defense. The U.S. Constitution states that removal from office is but one punishment the senate can mete out; the other is a “disqualification to hold and enjoy any office of honor, trust or profit under the United States.” It’s an open debate whether that less than clear Constitutional language would preclude Trump from running for office again.
This is a developing story. It has been updated since its initial publication.
[image via Chip Somodevilla/Getty Images]
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