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Trump Legal Team to Add Starr and Dershowitz for Senate Trial Trump Legal Team Adds Starr and Dershowitz for Senate Trial
(32 minutes later)
President Trump enlisted the former independent counsel Ken Starr and the celebrity lawyer Alan Dershowitz to join his defense team on Friday, turning to two veterans of politically charged legal cases to secure his acquittal in the Senate impeachment trial that gets underway in earnest next week.President Trump enlisted the former independent counsel Ken Starr and the celebrity lawyer Alan Dershowitz to join his defense team on Friday, turning to two veterans of politically charged legal cases to secure his acquittal in the Senate impeachment trial that gets underway in earnest next week.
Mr. Starr, whose investigation into President Bill Clinton led to his impeachment for perjury and obstruction of justice in 1998, will be joined by Robert W. Ray, his successor as independent counsel, who negotiated a settlement with Mr. Clinton as he left the White House that included a fine and the suspension of his law license.Mr. Starr, whose investigation into President Bill Clinton led to his impeachment for perjury and obstruction of justice in 1998, will be joined by Robert W. Ray, his successor as independent counsel, who negotiated a settlement with Mr. Clinton as he left the White House that included a fine and the suspension of his law license.
Mr. Dershowitz, a Harvard Law School professor emeritus who became famous as a defense counsel for high-profile defendants like O.J. Simpson, Claus von Bülow and Mike Tyson, will have a more limited role, presenting oral arguments at the Senate trial “to address the constitutional arguments against impeachment and removal,” the legal team said in a statement.Mr. Dershowitz, a Harvard Law School professor emeritus who became famous as a defense counsel for high-profile defendants like O.J. Simpson, Claus von Bülow and Mike Tyson, will have a more limited role, presenting oral arguments at the Senate trial “to address the constitutional arguments against impeachment and removal,” the legal team said in a statement.
In choosing the three prominent lawyers, the president assembled what he regards as an all-star television legal team, enlisting some of his favorite defenders from Fox News. But each of them brings his own baggage. Mr. Dershowitz represented Jeffrey Epstein, the convicted sex offender. Mr. Starr was pushed out as a university president because of his handling of sexual misconduct by the football team. And Mr. Ray was once charged with stalking a former girlfriend.In choosing the three prominent lawyers, the president assembled what he regards as an all-star television legal team, enlisting some of his favorite defenders from Fox News. But each of them brings his own baggage. Mr. Dershowitz represented Jeffrey Epstein, the convicted sex offender. Mr. Starr was pushed out as a university president because of his handling of sexual misconduct by the football team. And Mr. Ray was once charged with stalking a former girlfriend.
Bringing in Mr. Starr will also invariably supercharge the discussion over Mr. Trump’s impeachment by reopening the long-running debate over Mr. Clinton’s case. Mr. Starr remains a polarizing figure from that era and every point he makes in favor of Mr. Trump’s innocence will invite comparisons to the approach he took to Mr. Clinton.Bringing in Mr. Starr will also invariably supercharge the discussion over Mr. Trump’s impeachment by reopening the long-running debate over Mr. Clinton’s case. Mr. Starr remains a polarizing figure from that era and every point he makes in favor of Mr. Trump’s innocence will invite comparisons to the approach he took to Mr. Clinton.
But Mr. Trump evidently sees Mr. Starr as an important validating presence who could endorse the view that the president’s impeachment was illegitimate and unfair. The prosecutor whose investigation triggered the last presidential impeachment will now stand up on the floor of the Senate to declare that this impeachment is invalid. And he will explain why, in the view of someone who has been there, these charges do not add up to high crimes.But Mr. Trump evidently sees Mr. Starr as an important validating presence who could endorse the view that the president’s impeachment was illegitimate and unfair. The prosecutor whose investigation triggered the last presidential impeachment will now stand up on the floor of the Senate to declare that this impeachment is invalid. And he will explain why, in the view of someone who has been there, these charges do not add up to high crimes.
“President Trump has done nothing wrong and is confident that this team will defend him, the voters, and our democracy from this baseless, illegitimate impeachment,” the White House said in a statement on Friday night, confirming earlier news reports.“President Trump has done nothing wrong and is confident that this team will defend him, the voters, and our democracy from this baseless, illegitimate impeachment,” the White House said in a statement on Friday night, confirming earlier news reports.
For some Republicans who admire Mr. Starr, his participation may carry weight. “I was encouraged by it,” Senator Kevin Cramer, Republican of North Dakota, said of the newly constituted legal team.For some Republicans who admire Mr. Starr, his participation may carry weight. “I was encouraged by it,” Senator Kevin Cramer, Republican of North Dakota, said of the newly constituted legal team.
But Mr. Trump’s built-out team — which will be led by the White House counsel, Pat A. Cipollone, and the president’s personal lawyer Jay Sekulow — faces the dual challenge of preserving the president’s support among Republican senators and presenting his case to the wider public watching on television during an election year.But Mr. Trump’s built-out team — which will be led by the White House counsel, Pat A. Cipollone, and the president’s personal lawyer Jay Sekulow — faces the dual challenge of preserving the president’s support among Republican senators and presenting his case to the wider public watching on television during an election year.
As long as Senate Republicans stick with Mr. Trump as expected, the House Democrats prosecuting the case will not be able to muster the two-thirds vote required for conviction. Just as important to the president, though, is framing the debate in a way that he can take onto the campaign trail as he battles Democrats for a second term.As long as Senate Republicans stick with Mr. Trump as expected, the House Democrats prosecuting the case will not be able to muster the two-thirds vote required for conviction. Just as important to the president, though, is framing the debate in a way that he can take onto the campaign trail as he battles Democrats for a second term.
This team may not provide the sort of defense the president’s most combative supporters feel he needs. Stephen K. Bannon, the president’s former chief strategist who has been hosting a daily radio show and podcast on impeachment with a group that often coordinates with the White House, said the addition of Mr. Dershowitz and Mr. Starr brought impressive legal power to Mr. Trump’s team.This team may not provide the sort of defense the president’s most combative supporters feel he needs. Stephen K. Bannon, the president’s former chief strategist who has been hosting a daily radio show and podcast on impeachment with a group that often coordinates with the White House, said the addition of Mr. Dershowitz and Mr. Starr brought impressive legal power to Mr. Trump’s team.
But Mr. Bannon expressed concern that “there are no fire breathers,” as he put it. “It’s very conventional in its makeup and approach. But this is not playing on C-Span. The senators are not the jury; the American people are the jury. I strongly believe you need some of the fire breathers from the House, like Matt Gaetz, Jim Jordan, Mark Meadows and Lee Zeldin.”But Mr. Bannon expressed concern that “there are no fire breathers,” as he put it. “It’s very conventional in its makeup and approach. But this is not playing on C-Span. The senators are not the jury; the American people are the jury. I strongly believe you need some of the fire breathers from the House, like Matt Gaetz, Jim Jordan, Mark Meadows and Lee Zeldin.”
Mr. Trump wanted some of those congressmen, among his most stalwart House Republican allies, to be on the defense team, but Senator Mitch McConnell, Republican of Kentucky and the majority leader, rejected the idea. Those House members, who are familiar with the testimony provided by witnesses during the impeachment inquiry, are expected to help behind the scenes and to help defend the president on television, people familiar with the president’s legal defense plan said.Mr. Trump wanted some of those congressmen, among his most stalwart House Republican allies, to be on the defense team, but Senator Mitch McConnell, Republican of Kentucky and the majority leader, rejected the idea. Those House members, who are familiar with the testimony provided by witnesses during the impeachment inquiry, are expected to help behind the scenes and to help defend the president on television, people familiar with the president’s legal defense plan said.
Mr. Trump’s team is also preparing for the possibility that witnesses will be called in the trial, despite Mr. McConnell’s hope to avoid it.Mr. Trump’s team is also preparing for the possibility that witnesses will be called in the trial, despite Mr. McConnell’s hope to avoid it.
Other lawyers joining Mr. Trump’s trial team include Pam Bondi, the former Florida attorney general who has been a spokeswoman for the defense effort; Jane Serene Raskin, who defended Mr. Trump during the investigation by the special counsel Robert S. Mueller III; and Eric D. Herschmann, a partner at the law firm of another of Mr. Trump’s longtime lawyers, Marc E. Kasowitz.Other lawyers joining Mr. Trump’s trial team include Pam Bondi, the former Florida attorney general who has been a spokeswoman for the defense effort; Jane Serene Raskin, who defended Mr. Trump during the investigation by the special counsel Robert S. Mueller III; and Eric D. Herschmann, a partner at the law firm of another of Mr. Trump’s longtime lawyers, Marc E. Kasowitz.
The president has wanted media-savvy defenders who could play the same vocal role that his personal lawyer Rudolph W. Giuliani did during the Mueller investigation. Mr. Dershowitz has been a media figure for years and Mr. Starr was a contributor to Fox News until parting ways with the network because of his new role with Mr. Trump.The president has wanted media-savvy defenders who could play the same vocal role that his personal lawyer Rudolph W. Giuliani did during the Mueller investigation. Mr. Dershowitz has been a media figure for years and Mr. Starr was a contributor to Fox News until parting ways with the network because of his new role with Mr. Trump.
But the choices were not without controversy, and Republicans on Friday voiced private reservations about some of the lawyers.But the choices were not without controversy, and Republicans on Friday voiced private reservations about some of the lawyers.
Mr. Dershowitz has faced questions about his representation of Mr. Epstein, a financier who killed himself in a New York City jail in August. Mr. Dershowitz helped negotiate Mr. Epstein’s lenient sentence on sex charges in 2008. Mr. Dershowitz has also been accused of engaging in sex with an underage girl he met through Mr. Epstein; he has denied the claim.Mr. Dershowitz has faced questions about his representation of Mr. Epstein, a financier who killed himself in a New York City jail in August. Mr. Dershowitz helped negotiate Mr. Epstein’s lenient sentence on sex charges in 2008. Mr. Dershowitz has also been accused of engaging in sex with an underage girl he met through Mr. Epstein; he has denied the claim.
Mr. Starr, who helped Mr. Dershowitz on the Epstein defense in 2007, was forced from his job as president of Baylor University in 2016 amid accusations he did not respond to allegations of sexual assault made by women against members of the school’s football team.Mr. Starr, who helped Mr. Dershowitz on the Epstein defense in 2007, was forced from his job as president of Baylor University in 2016 amid accusations he did not respond to allegations of sexual assault made by women against members of the school’s football team.
An outside investigation rebuked the university leadership, saying it had “created a cultural perception that football was above the rules.” As he left the university presidency, Mr. Starr expressed “heartfelt contrition for the tragedy and sadness that has unfolded” and said he was “profoundly sorry” to victims who were not treated with the care and support they deserved.An outside investigation rebuked the university leadership, saying it had “created a cultural perception that football was above the rules.” As he left the university presidency, Mr. Starr expressed “heartfelt contrition for the tragedy and sadness that has unfolded” and said he was “profoundly sorry” to victims who were not treated with the care and support they deserved.
As for Mr. Ray, he turned himself in to New York authorities in 2006 in response to a misdemeanor charge of stalking a woman he had previously been dating. The police said he had sent emails and visited the woman against her wishes after she broke off their relationship. A law enforcement official said the case was sealed, suggesting it was most likely dismissed. Mr. Ray declined to comment.As for Mr. Ray, he turned himself in to New York authorities in 2006 in response to a misdemeanor charge of stalking a woman he had previously been dating. The police said he had sent emails and visited the woman against her wishes after she broke off their relationship. A law enforcement official said the case was sealed, suggesting it was most likely dismissed. Mr. Ray declined to comment.
Mr. Trump himself has previously questioned Mr. Starr’s zealous pursuit of Mr. Clinton. In 1999, after the House voted to impeach the president largely along party lines, Mr. Trump told interviewers that Mr. Starr was a “wacko” and a “lunatic.” But more recently, he is said to have enjoyed watching him on television. Mr. Starr declined to comment on Friday.Mr. Trump himself has previously questioned Mr. Starr’s zealous pursuit of Mr. Clinton. In 1999, after the House voted to impeach the president largely along party lines, Mr. Trump told interviewers that Mr. Starr was a “wacko” and a “lunatic.” But more recently, he is said to have enjoyed watching him on television. Mr. Starr declined to comment on Friday.
Mr. Trump faces two articles of impeachment accusing him of abusing his office by pressuring Ukraine to announce investigations of his Democratic rivals and obstructing Congress by refusing to provide documents or permit testimony during the House inquiry.Mr. Trump faces two articles of impeachment accusing him of abusing his office by pressuring Ukraine to announce investigations of his Democratic rivals and obstructing Congress by refusing to provide documents or permit testimony during the House inquiry.
During his television appearances, Mr. Starr has argued that the articles of impeachment passed by the House largely along party lines were “woefully inadequate” to justify removing a president from office. He has contrasted that with his investigation into Mr. Clinton, where the president was accused of felonies for trying to cover up his affair with Monica S. Lewinsky, a onetime White House intern, during a sexual harassment lawsuit.During his television appearances, Mr. Starr has argued that the articles of impeachment passed by the House largely along party lines were “woefully inadequate” to justify removing a president from office. He has contrasted that with his investigation into Mr. Clinton, where the president was accused of felonies for trying to cover up his affair with Monica S. Lewinsky, a onetime White House intern, during a sexual harassment lawsuit.
In a brief telephone interview, Mr. Dershowitz said he expected his sole role to be arguing on behalf of Mr. Trump before the Senate next Friday, making points he had made in writing and on television.In a brief telephone interview, Mr. Dershowitz said he expected his sole role to be arguing on behalf of Mr. Trump before the Senate next Friday, making points he had made in writing and on television.
He said that he “worried about the precedent” set by the two articles of impeachment, which he described as “too vague and open-ended,” and absent “high crimes and misdemeanors.”He said that he “worried about the precedent” set by the two articles of impeachment, which he described as “too vague and open-ended,” and absent “high crimes and misdemeanors.”
The statement announcing his appointment described Mr. Dershowitz as “nonpartisan when it comes to the Constitution,” having opposed the impeachment of Mr. Clinton and voted for Hillary Clinton. “He is participating in this impeachment trial to defend the integrity of the Constitution and to prevent the creation of a dangerous constitutional precedent,” the statement said.The statement announcing his appointment described Mr. Dershowitz as “nonpartisan when it comes to the Constitution,” having opposed the impeachment of Mr. Clinton and voted for Hillary Clinton. “He is participating in this impeachment trial to defend the integrity of the Constitution and to prevent the creation of a dangerous constitutional precedent,” the statement said.
The return of Mr. Starr to the impeachment stage was an astonishing development for many veterans of the battle two decades ago. Ms. Lewinsky expressed her disbelief on Twitter on Friday, writing, “this is definitely an ‘are you kidding me?’ kinda day” with an expletive before the word “kidding.”The return of Mr. Starr to the impeachment stage was an astonishing development for many veterans of the battle two decades ago. Ms. Lewinsky expressed her disbelief on Twitter on Friday, writing, “this is definitely an ‘are you kidding me?’ kinda day” with an expletive before the word “kidding.”
Annie Karni contributed reporting.Annie Karni contributed reporting.