Harvard Law professor emeritus Alan Dershowitz joined a chorus of legal observers who criticized attorney Bruce Castor for his performance in defense of Donald Trump on day 1 of the impeachment trial in the Senate. Dershowitz said that he had “no idea” what Castor was doing and did not detect an argument, calling this problematic given the “very strong” opening by House impeachment managers.
Dershowitz, who memorably defended Trump during his first impeachment and who said he would defend Trump a second time if asked, joined Newsmax on Tuesday afternoon and offered his reaction to Castor’s strategy. Dershowitz visibly shook his head from side to side before he tore into Castor for not bringing a constitutional argument to the table to rebut the incitement of insurrection article of impeachment brought by the House.
“There is no argument. I have no idea what he’s doing. I have no idea why he’s saying what he’s saying,” Dershowitz began. “He’s introducing himself ‘I’m a nice guy. I like my senators. I know my senators. Senators are great people.’ C’mon.”
“The American people are entitled to an argument—a constitutional argument,” he added. “This, just after all kinds of very strong presentations on the part of the House managers with the videotapes and the emotional speech by congressman Raskin, my former student.”
Dershowitz said that he did not understand Castor’s strategy and said buttering up the senators did not appear to be effective advocacy.
“Boy, it’s not the kind of argument I would have made, I can tell you that,” he said.
Dershowitz was far from the only legal mind to summarily pan Castor’s meandering appeal to the U.S. Senate on former President Trump’s behalf.
In all my cases, I’ve noticed that folks who are confident in their legal argument dive right in. Others meander. This argument gives meandering a new meaning. He’s not even bothered to try to make his arg about former officers, respond to Judge McConnell, Chuck Cooper, etc.
— Neal Katyal (@neal_katyal) February 9, 2021
Castor’s strategy was reportedly “deliberative.”
[Image via Newsmax screengrab]
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