I dipped in and out of the coverage of the Senate trial yesterday, so I didn't see the entirety of any one lawyer's presentation, but parts of all of them. And while I think the House managers put on a case that would have done Law & Order's Jack McCoy proud, Trump's defense team was an embarrassment to every trial lawyer in the country.
There's an old saying in defense law: "When the law is against you, pound the facts; when the facts are against you, pound the law; when the law and the facts are against you, pound the table." Well, Trump's team nearly broke the table pounding on it yesterday.
"This trial is unconstitutional, because Mr. Trump is no longer in office." Of course, the only reason the trial is being held after he left office is because Mitch McConnell, who was in charge of scheduling, refused to hold it before Trump left office. It could have begun as early as January 14, because the House approved the article of impeachment on January 13. And, anyway, to argue that Trump is now immune from facing charges made before he left office is tantamount to saying the embezzler cannot be tried for his crimes if he is fired before the trial begins (even if the charges are filed before that happens).
It is clear to me that even if the Republicans win in the trial (as it currently appears they will), they have lost in the court of public opinion.
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