The U.S. president does not understand a lot about politics, but he knows how to stage an event. He has chosen lawyers to represent him in the impeachment proceedings accordingly.
Compared to German trials, American trials have one distinguishing feature: It is usually not the judge who decides whether or not a defendant is guilty, but a jury, a group of 12 ordinary citizens who pass unanimous judgment after weighing all the evidence submitted by the prosecutor and the defense counsel.* As a result, trials in the U.S. are partially—and this is not meant to be pejorative—theater. The cases put on by the prosecution and the defense, including cross-examination of witnesses, are extremely important factors in persuading a jury.
The same goes for the impeachment trial of Donald Trump, which will start in the U.S. Senate on Tuesday. In the president’s case however, there will not only be 12 citizens judging Trump. Instead, two juries will pass a judgment: First, 100 senators will determine whether or not Trump is guilty of the impeachment charges. Then, at the beginning of November, the American voting public will provide its opinion on whether Trump has done something that must be punished by removal from office. In both cases, it will be essential to Trump’s survival for him to shape public opinion about himself and his conduct, and to influence public opinion in his favor.
Which brings us to Kenneth Starr. It is no coincidence that Trump hired as part of his legal team the man who was responsible for the impeachment case against former President Bill Clinton. Leftist America has despised Starr ever since. For conservative Americans, however, Starr is a hero because of how he hunted down the lying adulterer Clinton. And just like Harvard professor and celebrity attorney Alan Dershowitz who was hired by Trump as well, Starr has defended the president on television time and again. When it comes to questions about Trump’s staff, this is always the most important proof of eligibility.
Trump Wants To Keep Senate Republicans in Line
Trump does not understand a lot about politics or the economy. But he used to be a very successful TV entertainer. He knows how to stage an exciting show. And the impeachment is the ultimate show for him.
For Trump, the upcoming trial is not about abstract constitutional law, and least of all about Ukraine. Trump also does not want to convince the Democrats that he is innocent. First and foremost, his goal is to keep the Senate Republicans – jury number one – in line. This should not be that difficult. Trump then wants to use the foreseeable acquittal in his election campaign to persuade Americans and especially his supporters – jury number two – that he is an unwitting victim of vengeful Democrats, and that he deserves a second term. Both plans will only work if he does not face a broad majority of Americans who oppose him.
To achieve that, Trump needs excellent lawyers. There is no mistaking that Starr and Dershowitz are exactly that. But at the same time, Trump needs lawyers who are brilliant not only with respect to the law, but also with respect to performing; lawyers whom the audience is buying into regardless of what the facts say. Starr and Dershowitz have proven they can do that often enough on Fox News. Therefore, Trump has chosen them. The casting is over. Let the show begin.
*Editor’s note: Defendants in the U.S. may elect to have a judge or jury hear their case. Juries must reach a unanimous verdict in civil and criminal cases held in federal court. State court procedure may differ.
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