Starr, Dershowitz: Trump assembles made-for-TV defense team

Published 4:45 pm Friday, January 17, 2020

WASHINGTON — President Donald Trump has assembled a made-for-TV legal team for his Senate trial that includes household names like Alan Dershowitz and Ken Starr, the prosecutor whose investigation two decades ago resulted in the impeachment of Bill Clinton.

The additions on Friday bring experience in the politics of impeachment as well as constitutional law to the team, which faced a busy weekend of deadlines for legal briefs and other documents before opening arguments begin on Tuesday.

The two new Trump attorneys are already nationally known both for their involvement in some of the more consequential legal dramas of recent American history and for their regular appearances on Fox News, the president’s preferred television network.

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Dershowitz, a former Harvard professor, is a constitutional expert whose expansive views of presidential powers echo those of Trump. Starr is a veteran of partisan battles in Washington, having led the investigation into Clinton’s affair with a White House intern that brought the president’s impeachment by the House. Clinton was acquitted at his Senate trial, the same outcome Trump is expecting from the Republican-led chamber.

Still, the lead roles for Trump’s defense will be played by White House Counsel Pat Cipollone and Trump personal lawyer Jay Sekulow, who also represented Trump during special counsel Robert Mueller’s Russia investigation.

There are some signs of tension between the president’s outside legal team and lawyers within the White House. The White House would not confirm the fuller roster of the president’s lawyers Friday, and some officials there bristled that the announcement was not coordinated with them.

A legal brief laying out the contours of the Trump defense, due at noon on Monday, was still being drafted, with White House attorneys and the outside legal team grappling over how political the document should be. Those inside the administration have echoed warnings from Senate Majority Leader Mitch McConnell that the pleadings must be sensitive to the Senate’s more staid traditions and leave the sharper rhetoric to Twitter and cable news.

White House lawyers were successful in keeping Trump from adding House Republicans to the team, but they also advised him against tapping Dershowitz, according to two people who spoke on condition of anonymity to discuss internal discussions. They’re concerned because of the professor’s association with Jeffrey Epstein, the millionaire who killed himself in jail last summer while awaiting trial on sex trafficking charges.

Dershowitz confirmed his role in a series of tweets on Friday, saying, he would “present oral arguments at the Senate trial to address the constitutional arguments against impeachment and removal.”

Dershowitz said of himself: “While Professor Dershowitz is nonpartisan when it comes to the Constitution — he opposed the impeachment of President Bill Clinton and voted for Hillary Clinton — he believes the issues at stake go to the heart of our enduring Constitution.”